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Credit Contracts and Consumer Finance Act 2003

Enforcement and remedies - Application of Commerce Act 1986 and provisions relating to Commerce Commission

115: Disposal of things seized

You could also call this:

"Getting back things taken by the court"

Illustration for Credit Contracts and Consumer Finance Act 2003

You can get things back that were taken by the court. The court can decide what happens to these things. It can give them back to you or get rid of them. If the court has not made a decision, the Commission can give the things back to you. The Commission can also ask a District Court Judge what to do with them. The Judge can then make a decision about what happens to the things. If the court does not make a decision about the things within three months, you can ask a District Court Judge to give them back to you. The Judge can decide what to do with the things or wait for the court to make a decision. The Judge can give the things back to you or get rid of them.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM213504.

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Topics:
Crime and justice > Courts and legal help
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114: Additional proceedings, or

"Taking someone to court under two laws at the same time"

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116: Court order for disposal of things seized to be suspended on conviction, or

"What happens to a court order if you appeal a decision about something seized"

Part 4Enforcement and remedies
Application of Commerce Act 1986 and provisions relating to Commerce Commission

115Disposal of things seized

  1. In any proceedings relating to any thing seized under warrant, the court may order, either at the trial or hearing or on an application, that the thing be delivered to the person appearing to the court to be entitled to it, or that it be otherwise disposed of in any manner that the court thinks fit.

  2. The Commission may, at any time, unless an order has been made under subsection (1), return the thing to the person from whom it was seized, or apply to a District Court Judge for an order for its disposal.

  3. On any application under subsection (2), the District Court Judge may make any order that a court may make under subsection (1).

  4. If proceedings relating to the thing are not brought within a period of 3 months of its seizure, any person claiming to be entitled to the thing may, after the expiry of that period, apply to a District Court Judge for an order that it be delivered to him or her.

  5. On any application under subsection (4), the District Court Judge may—

  6. adjourn the application, on any terms that he or she thinks fit, for proceedings to be brought; or
    1. make any order that a court may make under subsection (1).