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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

160: Disposal of unlawful items

You could also call this:

"What happens to things that are against the law and need to be gotten rid of"

Illustration for Search and Surveillance Act 2012

If you have something that is against the law, like a controlled drug, the police can take it away from you. If it is against the law for you to have it, and there is no other way to get rid of it, and no court has said what to do with it, then the police can destroy it. The police must tell you they plan to destroy it, and you can agree to this or do nothing, and after 30 working days, they can destroy it if you have not said anything. If the police cannot find you to tell you about their plan to destroy the thing, they can still destroy it. If you do not want the police to destroy the thing, you can go to court and ask them to decide what to do with it, but if the court says it is against the law for you to have it, the police can destroy it. This can happen with things like controlled drugs, which are against the law under the Misuse of Drugs Act 1975. You will be told what is happening with your things, and you have a chance to say what you think should happen to them. The police will follow the law when deciding what to do with things that are against the law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2136873.

Topics:
Crime and justice > Police and safetyCrime and justice > Courts and legal help
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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"

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160A: Disposal of weapons, or

"What happens to weapons the police take during a search"

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

160Disposal of unlawful items

  1. Subsection (2) applies if a thing is seized or produced, the possession of which by the person from whom it was seized or who was required to produce it is unlawful under New Zealand law (for example, a controlled drug that is found in the possession of a member of the public in circumstances in which possession by the person of the controlled drug is an offence against the Misuse of Drugs Act 1975), and—

  2. there is no mechanism provided for disposing of the thing or it has not been disposed of under any other enactment; and
    1. no order has been made by a court as to its disposal.

      1. If this subsection applies, the person who seized the thing or to whom the thing was produced may destroy it if—

      2. notice is given to the person from whom the thing was seized or who was required to produce the thing, and that person either—
        1. consents to its destruction; or
          1. does not within 30 working days object to its destruction; or
          2. the person to whom notice would otherwise be given under paragraph (a) cannot be located after reasonable inquiries have been made; or
            1. in a case where a person objects to the destruction of the thing within 30 working days of receiving a notice under paragraph (a) and any person applies to a court to determine the status of the thing, the court is satisfied that the possession of the thing by the person from whom it was seized or who was required to produce it is unlawful under New Zealand law.