Search and Surveillance Act 2012

General provisions in relation to search, surveillance, and inspection powers - Carrying out search powers - Seizure of cash found in suspicious circumstances

123A: Interpretation

You could also call this:

"What words mean in the law about police seizing cash"

When the police seize cash, you need to know what some words mean. The police can hold the cash for a certain time, this is called the authorised holding period. This period is decided by an order made under certain sections of the law.

You should know that cash includes money, gold bars, and gold ingots. It also includes cash as defined in the Anti-Money Laundering and Countering Financing of Terrorism Act 2009. Cash seized means cash taken by the police under section 123B.

The cash seizure threshold amount is $10,000 or an amount decided by regulations. An enforcement officer can be a police officer or an aviation security officer as defined in the Civil Aviation Act 1990. For the police to seize cash, it must be in your possession, this means it is on you, in your bag, or in a vehicle you are driving or in.

If cash is found in suspicious circumstances, the police can seize it if it is in your possession. This means the cash is on you, in your bag, or under your control. It can also be in a vehicle you are driving or a passenger in.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS833433.


Previous

123: Seizure of items in plain view, or

"Police can take items they see while searching a place, vehicle, or person if they have a good reason."


Next

123B: Seizure of cash of or over cash seizure threshold amount, or

"Police can take your cash if they think it's a large amount and you can't explain where it came from"

Part 4General provisions in relation to search, surveillance, and inspection powers
Carrying out search powers: Seizure of cash found in suspicious circumstances

123AInterpretation

  1. In this section and sections 123B to 123E,—

    authorised holding period, in relation to cash seized, means the period for which the Police are authorised to hold the cash by an order made under—

    1. section 123C(3)(a); or
      1. section 123C(7)

        cash means any of the following:

        1. cash as defined in section 5(1) of the Anti-Money Laundering and Countering Financing of Terrorism Act 2009:
          1. gold bars:
            1. gold ingots

              cash seized means cash seized under section 123B

                cash seizure threshold amount means—

                1. the amount of NZ$10,000 or an equivalent cash amount; or
                  1. such other amount as may be prescribed by regulations made under section 342(2A) or an equivalent cash amount to the prescribed amount

                    enforcement officer includes an aviation security officer as defined in section 2(1) of the Civil Aviation Act 1990.

                    1. For the purposes of sections 123B to 123E, cash is in the possession of a person if it is—

                    2. on the person; or
                      1. in a bag or receptacle owned by or carried by or with the person; or
                        1. in or under the effective control of the person; or
                          1. in a vehicle in which the person is the driver or an occupant.
                            Notes
                            • Section 123A: inserted, on , by section 33 of the Criminal Activity Intervention Legislation Act 2023 (2023 No 7).