Credit Contracts and Consumer Finance Act 2003

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

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

You could also call this:

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

Illustration for Credit Contracts and Consumer Finance Act 2003

If you are found guilty of an offence related to something seized, and a court order is made under section 115, the order is put on hold. This happens until a certain time has passed, as set by the Criminal Procedure Act 2011, for you to file an appeal. The order is also put on hold if you file an appeal within the given time. If you file an appeal, the order is put on hold until the appeal is decided. If you ask for permission to appeal, the order is put on hold until your request is decided, and if you get permission, until the appeal is decided. If the order is put on hold until the appeal is decided, the court that decides the appeal can cancel or change the order.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM213505.

This page was last updated on 1 January 2026 — View changes

Topics:

Crime and justice > Courts and legal helpCrime and justice > Police and safetyMoney and consumer rights > Consumer protection

115: Disposal of things seized, or

"Getting back things taken by the court"

116AAA: Requirement for annual return, or

"Send a yearly report to the Commission if you lend money to consumers"

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

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

If any person is convicted in any proceedings for an offence relating to anything for which a warrant has been issued, and any order is made under section 115, the operation of the order is suspended,—
in any case, until the expiration of the time prescribed by the Criminal Procedure Act 2011 for the filing of a notice of appeal or an application for leave to appeal; and
if a notice of appeal is filed within the time so prescribed, until the determination of the appeal; and
if application for leave to appeal is filed within the time so prescribed, until the application is determined, and, if leave to appeal is granted, until the determination of the appeal.

If the operation of any order is suspended until the determination of the appeal, the court determining the appeal may, by order, cancel or vary the order.

Notes

Section 116(1)(a): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).