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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."

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 taken by the Crown or someone else, or if it is dealt with in another way. You will get your thing back if it is not required.

If the thing is not returned to you, it might be dealt with under a different part of the law, such as section 154, or it might be disposed of under section 160 or 161(1).

Some things might be destroyed if they are perishable, have gone rotten, or will become rotten before they can be dealt with. They might also be destroyed if they pose a risk to public health, as stated in section 163.

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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.

Topics:
Crime and justice > Criminal lawCrime and justice > Police and safety
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149: Disposal of things seized or produced, or

"What happens to things the police take from you"

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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.