Plain language law

New Zealand law explained for everyone

Local Government Act 2002

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

168: Power to dispose of property seized and impounded

You could also call this:

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

If you have property that was taken and held by a local authority under section 164, they can get rid of it if it hasn’t been returned to you within 6 months. However, before they do this, they must tell you and the person they took it from. They have to give you at least 14 working days’ notice that they plan to get rid of it.

The local authority can choose how they want to get rid of the property. They might sell it or do something else with it. If they do sell it, they will use the money from the sale in a specific order. First, they’ll pay for the costs of taking, holding, moving, and storing the property. Then, they’ll pay for the costs of getting rid of it. If there’s any money left over after that, it will go to you as the owner or to the person they took it from.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM173431.

Topics:
Government and voting > Local councils
Housing and property > Land use
Previous

167: Return of property seized and impounded, or

“Getting back stuff the council took from you”

Next

169: Powers of arrest, search, and seizure in relation to alcohol bans, or

“Police can search, take alcohol, and arrest people in no-drinking areas”

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

168Power to dispose of property seized and impounded

  1. A local authority may dispose of property seized and impounded under section 164 that has not been returned within 6 months after it was seized and impounded.

  2. A local authority must not dispose of property before giving the owner of the property and the person it was seized from not less than 14 working days' notice of the authority's intention to do so.

  3. A local authority may dispose of the property by way of sale or otherwise as it thinks fit.

  4. Any proceeds from the disposal of the property must be applied to pay,—

  5. first, the costs incurred in seizing, impounding, transporting, and storing the property:
    1. second, the costs of disposing of the property:
      1. third, any surplus to the owner of the property or the person from whom it was seized.

        Notes
        • Section 168(1): amended, on , by section 271(3) of the Search and Surveillance Act 2012 (2012 No 24).