Search and Surveillance Act 2012

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

155: Seized or produced property forfeit to the Crown if ownership not established

You could also call this:

"Things taken by police become Crown property if you don't prove ownership within 60 days."

If you have something seized or taken from you, it can become the property of the Crown if you do not prove you own it within 60 days. You must show you are the owner or entitled to have the thing back within this time. If you do not, and the thing is no longer needed for an investigation or as evidence, it will belong to the Crown.

The person looking after the seized thing must tell you and others who might be affected that this can happen. They must advise the person the thing was taken from, the owner of the place or vehicle where the thing was, and anyone else who might be affected by the thing being forfeited to the Crown.

If the person looking after the thing cannot contact you or others, they do not have to try to advise you.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2136867.


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156: Application for release of or access to things seized or produced, or

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

155Seized or produced property forfeit to the Crown if ownership not established

  1. A thing that is seized or produced is forfeited to the Crown if—

  2. the owner or person entitled to possession of the thing is not established within 60 days after the date on which the thing was seized or produced; and
    1. the thing—
      1. is not, at the expiry of that period, still required for investigative or evidential purposes; and
        1. has not been disposed of or sold by order of the court within that period.
        2. For the purpose of trying to establish ownership of any thing to which this section applies, the person who has custody of the thing must (unless it is impossible or impracticable to make contact) advise the following people of the effect of this section:

        3. any person who produced the thing or from whom the thing was seized:
          1. the occupier or owner of the place or vehicle where the thing was before it was produced or seized:
            1. any other person who, in the opinion of the person in whose custody the thing is, may be affected by the forfeiture of the thing.