Search and Surveillance Act 2012

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

153: Extension of time for holding thing seized or produced

You could also call this:

"Getting more time to keep something taken as evidence"

If you seize something or someone gives you something, you can hold it for six months. You can hold it longer if you apply to the District Court. You do this if you need more time to decide if you should take someone to court.

The District Court can give you more time to hold the thing. They can say you can hold it until a certain date. This helps you decide if you should take someone to court about the thing.

The District Court can also say no to your request. This means you cannot hold the thing for longer than six months.

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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=DLM2136865.

Topics:

Crime and justice > Criminal lawCrime and justice > Police and safetyRights and equality > Privacy

152: Copies of things seized or produced, or

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

154: Disputed ownership of thing seized or produced, or

"What happens to something the police took if people disagree who owns it"

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

153Extension of time for holding thing seized or produced

If any person who seizes any thing, or to whom any thing is produced, or any other enforcement officer to whom the thing is transferred, wishes to hold it for a period exceeding 6 months in circumstances where no proceedings for an offence in respect of which the thing is relevant have yet been brought and a request has been made for the return of the thing, the person may apply to the District Court for an extension of the time during which the thing may be held.
On an application under subsection (1), the District Court may—
order an extension of time be granted to a specified date, to enable a determination to be made whether proceedings should be brought; or
decline to order an extension of time.