Search and Surveillance Act 2012

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

151: Custody of things seized or produced

You could also call this:

"What happens to things that are taken by the police or given to them as evidence?"

When something is seized or produced, it can be held by the person who took it, their employer, or someone else until certain things happen. You might wonder what happens to the thing that was seized or produced, and the answer is that it is held until a decision is made about what to do with it. This can include waiting to see if someone will be charged with a crime.

If someone is not charged with a crime, or if the thing is not needed as evidence anymore, it can be released. You can get the thing back if you own it or are entitled to have it, and this usually happens when the case is finished or when a certain amount of time has passed. The thing can also be released if a court orders it, or if it is forfeited to the Crown, which means the government takes it.

Sometimes, the thing that was seized or produced might be related to more than one alleged offence, and in that case, it will not be released until all the cases are finished. There are also rules about how the thing should be released, and these rules are outlined in the Act, which includes section 90(2), section 158, section 159, section 153, section 156, section 160, and other sections. The rules about releasing the thing are also subject to sections 153 and 163.

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This page was last updated on 24 May 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2136863.

Topics:

Crime and justice > Criminal lawCrime and justice > Police and safety

150: Certain things must be returned, or

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

152: Copies of things seized or produced, or

"Getting your things back after a search, or getting a copy of them"

Part 4General provisions in relation to search, surveillance, and inspection powers
Procedures applying to seized or produced materials

151Custody of things seized or produced

A seized or produced thing may, if it is required for investigative or evidential purposes, or 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 held in the custody of the person who exercised the search power or that person's employer or another person acting on behalf of that person or any other person to whom the thing is transferred in accordance with section 90(2) (except while it is being used in evidence or is in the custody of any court) until the first of the following occurs:
a decision is made not to bring proceedings for an offence in respect of which the thing was seized or produced:
the thing is forfeited to the Crown or any other person under any enactment (whether by operation of law or by order of a court or otherwise):
the thing is released under section 158 or 159:
if proceedings for an offence have not been commenced before the date that is 6 months after the thing was seized or produced and a request has been made for the return of the thing, that date or the expiration of a later time ordered by a court under section 153:
in any case where proceedings are brought,—
1. the withdrawal or dismissal of the proceedings; or
2. subject to sections 156 and 159, the completion of the proceedings:
the seized or produced thing is disposed of under section 160.

Once the relevant event stated in subsection (1)(a) to (e) occurs, the person in whose custody the property is must immediately release the thing in his or her custody,—
in the case of a subsection (1)(a), (d), or (e) event, to the owner or to a person entitled to possession; or
in the case of any other event, in the manner required by this Act.

However, if the thing is seized or produced in relation to more than 1 alleged offence, the person in whose custody the property is need not release the property until the first of the events described in subsection (1) has occurred in relation to each and every alleged offence.
This section is subject to sections 153 and 163.