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
159Application to District Court for release of thing seized or produced
A person described in section 156(2) may apply to the District Court for the release of any thing seized by a person exercising a search power or produced to a person under a production order.
The court may release the thing to the applicant if it is satisfied that it would be contrary to the interests of justice for the item to be retained in custody, having regard to—
- the gravity of the alleged offence:
- any loss or damage to the applicant that is caused or likely to be caused by not returning the thing:
- the likely evidential value of the thing, having regard to any other evidence held by the law enforcement agency that employed or engaged the person who seized the thing or to whom the thing was produced:
- whether the evidential value of the thing can be adequately preserved by means other than by keeping it.
A court may require sureties and impose conditions on a release under subsection (2), and sections 156 and 157 apply with any necessary modifications.
This section is subject to any enactment that requires an amount of any kind to be paid before any seized thing may be returned.