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Local Government Act 2002

Regulatory, enforcement, and coercive powers of local authorities - Enforcement powers - Seizure of property

167: Return of property seized and impounded

You could also call this:

“Getting back stuff the council took from you”

If your property has been taken and kept by the local authority under section 164, you or the person it was taken from can ask for it back. The local authority must give it back if it’s not likely to be used in a crime and you pay for the costs of taking, keeping, moving, and storing it.

If the local authority says no to giving your property back, you can ask the District Court to look at their decision. The court can then either agree with the local authority or tell them to give your property back to you.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM173430.

Topics:
Government and voting > Local councils
Crime and justice > Courts and legal help
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166: Conditions for exercise of warrant to seize property on private land, or

“Rules for taking things from private land with a special permission slip”

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168: Power to dispose of property seized and impounded, or

“Council can sell or get rid of things they took from you after six months”

Part 8 Regulatory, enforcement, and coercive powers of local authorities
Enforcement powers: Seizure of property

167Return of property seized and impounded

  1. The owner of property that has been seized and impounded under section 164, or the person from whom the property was seized, may request the local authority concerned to return the property.

  2. The local authority must return the property if—

  3. the property is not likely to be involved in an offence for which it was seized; and
    1. the owner or person has paid, or tenders with the request payment of, the costs of the local authority in seizing, impounding, transporting, and storing the property.

      1. If the local authority refuses to return the property, the owner or person from whom it was seized may apply to the District Court to review the local authority's decision.

      2. The District Court may—

      3. confirm the local authority's decision; or
        1. order that the property be returned.

          Notes
          • Section 167(1): amended, on , by section 271(2) of the Search and Surveillance Act 2012 (2012 No 24).
          • Section 167(3): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).