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Search and Surveillance Act 2012

Amendments, repeals, and miscellaneous provisions - Amendments to search and seizure powers in other enactments (and to related provisions) used for law enforcement purposes or for law enforcement and regulatory purposes - Amendments to Agricultural Compounds and Veterinary Medicines Act 1997

186: Disposal of property seized

You could also call this:

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

Illustration for Search and Surveillance Act 2012

You can find rules about what happens to property that the police seize. The Search and Surveillance Act 2012 has rules that apply to seized property. These rules are used when a constable or an ACVM officer seizes property under a search warrant. You can read about these rules in section 71 of the Act. If someone is found guilty of a crime related to the seized property, the court can decide what to do with the property. The court can order the guilty person to pay for the disposal of the property and any other costs. The court can also order the person to pay the costs of the Commissioner of Police or the Director-General. These costs must be reasonable. The court makes these decisions when it thinks they are necessary.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2136907.

Topics:
Crime and justice > Police and safetyCrime and justice > Courts and legal help
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"Entering a place with a warrant to find and remove harmful things"

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Part 5Amendments, repeals, and miscellaneous provisions
Amendments to search and seizure powers in other enactments (and to related provisions) used for law enforcement purposes or for law enforcement and regulatory purposes: Amendments to Agricultural Compounds and Veterinary Medicines Act 1997

186Disposal of property seized

  1. Section 71(1) is repealed and the following subsection substituted:

  2. Subject to subsection (3), subparts 1, 5, 6, 7, and 10 of Part 4 of the Search and Surveillance Act 2012 apply in respect of any property seized by any constable under a search warrant issued under section 69 and, with the necessary modifications, in respect of any property seized by any ACVM officer under such a warrant.

  3. Section 71(2) is repealed.

  4. Section 71(3) is amended by omitting 70(1)(f)(ii) and substituting 70(1).

  5. Section 71 is amended by adding the following subsection:

  6. If any person is convicted of an offence to which the seized property relates, the court may, if it thinks fit, order that the item be disposed of as the court directs at the expense of the convicted person, and may order that the person pay any reasonable costs incurred by the Commissioner of Police or the Director-General.