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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 that the police take from you if you're found guilty of a crime"

When property is seized by a police officer or an ACVM officer, certain rules apply. These rules are found in the Search and Surveillance Act 2012, specifically in subparts 1, 5, 6, 7, and 10 of Part 4. If you are found guilty of a crime related to the seized property, the court can order the property to be disposed of and you may have to pay the costs.

The court can decide how the property is disposed of and who pays for it. You may have to pay the costs of the Commissioner of Police or the Director-General if the court orders you to. The rules about disposing of seized property are outlined in section 71 of the Act, which has been amended to include these provisions.

If property is seized under a search warrant, the rules in the Search and Surveillance Act 2012 apply. This means that the police or ACVM officers must follow these rules when dealing with the seized property. The court's decision about what happens to the property is final, and you may have to pay the costs if you are found guilty of a crime related to the property.

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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 > Criminal lawCrime and justice > Police and safety
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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 Section 71(1) is repealed and the following subsection substituted: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.