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Trade Marks Act 2002

Legal proceedings - Enforcement officers - Provisions relating to things seized

134U: Application for order to return things seized

You could also call this:

"Asking a court to return your stuff that was taken"

If someone thinks they own something that was taken by the police or government, they can ask a court to give it back to them. You can do this by applying to the court for an order.

The court can decide to give the item back if they believe two things. First, they must be sure that you really own the item. Second, they must think it's not fair to keep the item.

When deciding if it's fair to keep the item, the court will think about a few things:

  1. How serious the crime is that the item is connected to.
  2. How much trouble or loss it causes you if they keep the item.
  3. How useful the item might be as evidence, considering what other evidence the police or government already have.
  4. Whether they can keep the item's value as evidence in some other way without keeping the actual item.

The court will look at all these things before deciding whether to give the item back to you or not.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4124364.

Topics:
Crime and justice > Courts and legal helpCrime and justice > Police and safety
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134T: Period things seized may be retained, or

"How long can police or officials keep things they take during an investigation?"

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134V: Disposal of things seized, or

"How the court decides what happens to items taken during trademark cases"

Part 4Legal proceedings
Enforcement officers: Provisions relating to things seized

134UApplication for order to return things seized

  1. A person who claims to be entitled to a thing seized may apply to the court for an order that the thing be delivered to him or her.

  2. On an application under subsection (1), the court may make an order for delivery of the thing to the applicant if it is satisfied—

  3. that the applicant is the person entitled to it; and
    1. that it would be contrary to the interests of justice for the thing to be retained, having regard to—
      1. the gravity of the alleged offence in respect of which the thing is being retained; and
        1. any loss or damage to the applicant caused, or likely to be caused, by retention of the thing; and
          1. the likely evidential value of the thing, having regard to any other evidence held by the Commissioner of Police or the chief executive, as the case may be; and
            1. whether the evidential value of the thing can be adequately preserved by means other than its retention.

            Notes
            • Section 134U: inserted, on , by section 18 of the Trade Marks Amendment Act 2011 (2011 No 71).