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

160A: Disposal of weapons

You could also call this:

"What happens to weapons the Police take"

Illustration for Search and Surveillance Act 2012

If a weapon is seized by Police using a warrant issued under section 18D, and there is no other way to dispose of it, and no court order has been made, then the Police can destroy the weapon. You need to be told if the Police want to destroy a weapon they took from you. The Police can destroy the weapon if you agree, or if you do not object within 30 days, or if they cannot find you after trying reasonably. In this case, a weapon has the same meaning as in section 18A.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS833391.

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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

160ADisposal of weapons

  1. Subsection (2) applies if a weapon is seized as a result of the execution of a warrant issued under section 18D and—

  2. there is no mechanism provided for disposing of the weapon, or it has not been disposed of, under any other legislation; and
    1. no order has been made by a court in relation to the disposal of the weapon.
      1. The Police may destroy the seized weapon if—

      2. notice is given to the person from whom the weapon was seized and that person—
        1. consents to its destruction; or
          1. does not within 30 days object to its destruction; or
          2. the person to whom the 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 weapon within 30 working days of receiving a notice under paragraph (a) and any person applies within that period to a court to determine the status of the weapon, the court is satisfied that—
              1. the possession of the weapon by the person from whom it was seized is unlawful under New Zealand law; or
                1. there is no legitimate reason to own or possess the weapon and the destruction of the weapon is just.
                2. In this section, weapon has the same meaning as in section 18A.

                Notes
                • Section 160A: inserted, on , by section 23 of the Criminal Activity Intervention Legislation Act 2023 (2023 No 7).
                • Section 160A(2)(a)(ii): amended, on , by section 142 of the Statutes Amendment Act 2025 (2025 No 74).