Trade Marks Act 2002

Legal proceedings - Enforcement officers - Provisions relating to things seized

134T: Period things seized may be retained

You could also call this:

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

If the police or the chief executive take something from you because they think it might be related to a crime under this law, they can keep it while they investigate or take someone to court. They have to give it back to you when they don't need it anymore, unless a court says something different or another part of the law applies.

If they can't find you to give the thing back, or if they're not sure who it belongs to, they can ask a court what to do with it. The court can then tell them what to do.

Remember, the police or chief executive always have to follow what the court says about the thing they took.

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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=DLM4124747.


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134S: Further extension to, or dispensation from, obligation to comply with certain provisions, or

"Asking for more time or to be excused from following rules about seized items"


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134U: Application for order to return things seized, or

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

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

134TPeriod things seized may be retained

  1. A thing seized under this Act may be retained by the Commissioner of Police or by the chief executive while it is required for the purposes of investigating or prosecuting an offence under this Act.

  2. Subsection (1) is subject to—

  3. any order of the court under section 134U; and
    1. section 134W.
      1. If a thing seized is no longer required for the purposes of investigating or prosecuting an offence under this Act, the Commissioner of Police or the chief executive must return it to the person he or she believes is entitled to it.

      2. The Commissioner of Police or chief executive may apply to the court for an order for directions as to the disposal of the thing if—

      3. the person who is entitled to it cannot be found; or
        1. the Commissioner of Police or chief executive is in doubt about who is entitled to it.
          1. On an application under subsection (4), the court may make such order concerning the disposal of the thing that it thinks appropriate in the circumstances.

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