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Search and Surveillance Act 2012

General provisions in relation to search, surveillance, and inspection powers - Procedures applying to seized or produced materials

150: Certain things must be returned

You could also call this:

"Things taken from you during an investigation must be returned if not needed as evidence."

Illustration for Search and Surveillance Act 2012

If something is taken from you during an investigation, it must be returned to you if it is not needed for evidence or as part of the investigation. This is unless the thing is going to be kept by the Crown or someone else because of a law or a court order. You will get your thing back if it is not needed, or it might be dealt with in another way, such as through an application under section 154.

If the thing is perishable, like food, it might be destroyed if it has gone rotten or will go rotten before it can be dealt with. It can also be destroyed if it is going to harm public health.

The rules about returning things to you do not change the rules in section 161(2) or section 162(1) that let some things be kept. These rules are also subject to section 163, which has more information about what happens to things that are taken during an investigation.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2136862.

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Crime and justice > Police and safetyRights and equality > Privacy
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Part 4General provisions in relation to search, surveillance, and inspection powers
Procedures applying to seized or produced materials

150Certain things must be returned

  1. A thing seized or produced must, if it is not required for investigative or evidential purposes, or unless it is liable to forfeiture to the Crown or any other person (whether by operation of law or by order of a court or otherwise), be—

  2. returned to its owner or to the person entitled to possession; or
    1. made the subject of an application under section 154; or
      1. disposed of under section 160 or 161(1); or
        1. destroyed if—
          1. it is perishable and has become rotten or has otherwise deteriorated; or
            1. it is perishable and is likely to become rotten or perish before it can be dealt with under any of paragraphs (a) to (c) or section 163; or
              1. it is likely to pose a risk to public health.

              2. Subsection (1)—

              3. does not affect the rights of retention conferred by section 161(2) or 162(1); and
                1. is subject to section 163.