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

157: Failure to comply with bond or conditions

You could also call this:

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

If you get something back that was seized, or you get to access it under section 156, you must follow the rules. If you do not follow the rules, the thing can be taken away from you again. The person who gave it back to you can also ask the District Court to take the money from the bond you paid.

If someone asks the District Court to take the money from the bond, the court will set a time and place to hear the case. You will get a notice at least 7 days before the hearing to tell you when and where it is. The District Court will look at what happened and decide if you should pay the money from the bond.

If the court decides you did not follow the rules, it can order you to pay some or all of the money from the bond. You will have to pay this money to the person who asked the court to take it. This money is like a fine, and you will have to pay it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2136870.


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

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


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158: Application to District Court for access to thing seized or produced, or

"Asking the District Court to see something 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

157Failure to comply with bond or conditions

  1. If a person to whom a seized or produced thing is released or who is given access to it under section 156 fails to comply with any bond, surety, or condition imposed under subsection (5)(b) of that section,—

  2. the thing may be seized again, or required to be produced, or the ability to access the thing ended at the direction of the person who released it or provided access to it; and
    1. the person who released it or provided access to it may apply to the District Court for an order for estreat of the bond.
      1. If any person applies for an order for estreat of the bond, the Registrar of the District Court must—

      2. fix a time and place for the hearing of the application; and
        1. not less than 7 days before the time fixed, cause to be served on every person bound by the bond a notice of the time and place for the hearing.
          1. If the District Court is satisfied that a condition of the bond has not been complied with, the court may make an order to estreat the bond—

          2. in the amount that it thinks fit; and
            1. to any person bound by the bond on whom notice is proved to have been served under subsection (2).
              1. An amount payable under subsection (3) is recoverable as if it were a fine.