Plain language law

New Zealand law explained for everyone

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"

Illustration for Search and Surveillance Act 2012

When the police seize cash, you need to know what some words mean. The 'authorised holding period' is the time the police can keep the cash, as decided by a court order under section 123C(3)(a) or section 123C(7). The police can keep the cash for this time. Cash includes money, gold bars, and gold ingots, as well as money 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' includes an aviation security officer, as defined in the Civil Aviation Act 1990. For the police to seize cash, it must be in your possession, which means it is on you, in your bag, or under your control. The cash can also be in a vehicle you are driving or in as a passenger.

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 It might be out of date or be missing some parts.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

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

This page was last updated on — View changes

Topics:
Crime and justice > Police and safetyMoney and consumer rights > Consumer protection
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).