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

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

You could also call this:

"Asking the District Court to see something that was taken from you"

If you are a person described in section 156(2), you can apply to the District Court to access something that was seized or produced under a production order. You can do this if your application under section 156 has been refused, or if it was granted but with conditions you do not accept.

You can ask the District Court to let you access the thing, and they may say yes or no. The District Court will say no if they think letting you access the thing will cause problems with maintaining the law.

If the District Court says yes, they may ask for sureties and impose conditions, and sections 156 and 157 will also apply to your situation.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2136871.


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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"


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159: Application to District Court for release of thing seized or produced, or

"Asking the court to return 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

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

  1. A person described in section 156(2) may apply to the District Court for access to any thing seized by a person exercising a search power or produced to any person under a production order if the person has made an application under section 156 and it—

  2. has been refused; or
    1. has been granted, but subject to conditions that the applicant does not accept.
      1. The District Court may either—

      2. grant the application; or
        1. refuse it on the ground that allowing the person to have access to the thing or varying or cancelling the conditions concerned is likely to prejudice the maintenance of the law.
          1. The District Court may require sureties and impose conditions if it grants an application under subsection (2), and sections 156 and 157 apply with any necessary modifications.