Search and Surveillance Act 2012

General provisions in relation to search, surveillance, and inspection powers - Procedures applying to seized or produced materials - Rights of owners and others in relation to things seized or produced

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

You could also call this:

"Asking for your things back after they've been taken by the police"

If you think something that belongs to you has been taken unfairly, you can ask for it back. You can do this by sending a written notice to the person who has your thing. You can ask for your thing back at any time before you go to court for something you might have done wrong. You can ask for your thing back if you are the person it was taken from, the owner, or someone who has a special interest in it. The person who has your thing can decide to give it back to you or let you see it.

The person who has your thing might say no to giving it back or letting you see it if they think it could cause problems with the law. If they do give it back, it might be with no conditions, or you might have to promise to do something or pay some money if you do not follow the rules. If someone says no to your request, they must tell you in writing that they are not going to give you your thing back.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2136869.


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

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


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157: Failure to comply with bond or conditions, or

"Breaking the rules after getting something back that was taken from you"

Part 4General provisions in relation to search, surveillance, and inspection powers
Procedures applying to seized or produced materials: Rights of owners and others in relation to things seized or produced

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

  1. The persons described in subsection (2) may apply, by written notice, to the person in whose custody a seized or produced thing is for the release of or access to it at any time before proceedings are brought for an alleged offence in respect of which the thing was seized or produced.

  2. The persons are as follows:

  3. the person who produced the thing or from whom the thing was seized:
    1. the owner or person entitled to possession of the seized or produced thing:
      1. any person with a legal or equitable interest in the seized or produced thing.
        1. The person in whose custody the seized or produced thing is may release the thing to the applicant or provide reasonable access to it.

        2. A person who receives an application for release of a thing, or access to it, may refuse that application on the ground that release of the thing or, as the case requires, access to it, is likely to prejudice the maintenance of the law.

        3. A release or provision of access to a thing may be—

        4. unconditional; or
          1. under bond for a sum (with or without sureties), and on conditions, acceptable to the person in whose custody the thing is.
            1. If any person refuses an application under subsection (1), he or she must inform the applicant of the decision in writing.