Plain language law

New Zealand law explained for everyone

Search and Surveillance Act 2012

General provisions in relation to search, surveillance, and inspection powers - Carrying out search powers - Identification and notice

133: Inventory of items seized

You could also call this:

"What happens to your stuff when it's taken during a search: you get a list of what's been seized."

When someone searches a place or a vehicle, they must give you some information. You will get a written notice that says what was taken, and a copy of the authority that allowed the search, which is referred to in section 131(1)(b). This notice must be given to you within 7 days of the search.

The written notice must tell you about your rights, such as being able to see the things that were taken from you. It must also tell you about your right to say that some of the things taken are private or confidential. However, if the person who did the search thinks you do not own any of the things taken, you might not get this notice.

If you are not there when the search happens, the notice and the copy of the authority can be left in a obvious place. This is how you will know what was taken and why. You can find more information about this in sections 134 and 135.

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 It might be out of date or be missing some parts.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

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=DLM2136839.

Topics:
Crime and justice > Police and safetyRights and equality > Privacy
Previous

132: Identifications and notice requirements for remote access search, or

"Notifying people after a remote search: what you must do"

Next

134: Compliance with certain provisions may be deferred in certain circumstances, or

"You can ask a Judge to delay following some search rules if it's not safe or might ruin an investigation."

Part 4General provisions in relation to search, surveillance, and inspection powers
Carrying out search powers: Identification and notice

133Inventory of items seized

  1. The person who carries out a search must, at the time he or she seizes any thing, or as soon as practicable after the seizure of any thing, and in any case not later than 7 days after that seizure, provide to the occupier of the place, or the person in charge of the vehicle or other thing, from where the seizure took place, and to every other person who the person who carried out the search has reason to believe is the owner of the thing that was seized,—

  2. written notice specifying what was seized; and
    1. a copy of the authority referred to in section 131(1)(b).

      1. A written notice referred to in subsection (1)(a)—

      2. must contain information about the extent to which a person from whom a thing was seized or the owner of the thing has a right to apply—
        1. to have access to the thing; or
          1. to have access to any document relating to the application for a search warrant or the exercise of any other search power that led to the seizure; and
          2. must contain information about the right to bring a claim that any privileged or confidential information has been seized; but
            1. need not be provided to the occupier of the place or person in charge of the vehicle or other thing from which the seizure took place, if the person who carries out the search is satisfied that none of the items seized are owned by that person.

              1. If the occupier of the place or person in charge of the vehicle or other thing is not present at the time of seizure, a written notice referred to in subsection (1)(a) and a copy of the authority referred to in section 131(1)(b) may be provided to that person by leaving the notice in a prominent position at the place, or in or on the vehicle or other thing.

              2. Subsection (1) is subject to subsections (2) and (3).

              3. This section is subject to sections 134 and 135.