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

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

You could also call this:

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

If you are with a police officer who is searching you, your things, or a vehicle, they might find some cash on you. The police officer can ask you questions about where the cash came from and what you plan to use it for. They must tell you that they have the power to take the cash if they think it is a large amount.

If the police officer thinks the cash is a large amount, and you cannot give them a good explanation for where it came from or what you will use it for, they can take the cash. They can also take the cash if they think it was obtained illegally or will be used for something illegal. The police officer must try to return the cash to you within 7 days, or they can apply to the District Court under section 123C to keep the cash for a longer period.

The police officer can return the cash to you, or give it to the owner if that is not you. They must do one of these things within 7 days of taking the cash, unless they apply to the District Court to keep it longer. This rule does not change any other power the police have to take 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=LMS833436.


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123A: Interpretation, or

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123C: Application to retain cash seized for further period, or

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

123BSeizure of cash of or over cash seizure threshold amount

  1. This section applies to a constable who,—

  2. as part of their duties,—
    1. is exercising a search power; or
      1. is lawfully in any place or in or on a vehicle; or
        1. is conducting a lawful search of a person; and
        2. sees or finds cash in the possession of any person that the constable reasonably believes to be an amount of or over the cash seizure threshold amount.
          1. This section also applies to a constable who is informed by an enforcement officer that the enforcement officer, while lawfully screening or searching any person, item, or vehicle as part of their duties, has seen or found cash in the possession of any person in suspicious circumstances.

          2. The constable may question the person in the possession of the cash about—

          3. the origin of the cash; and
            1. the intended use for the cash.
              1. The constable must advise the person in possession of the cash of the power of the constable, or of any person assisting the constable, to seize the cash under subsection (5).

              2. The constable, or any person assisting the constable, may seize the cash if the constable—

              3. reasonably believes the cash to be an amount of or over the cash seizure threshold amount; and
                1. is not satisfied with the explanations given by the person in response to the questions put to the person under subsection (3); and
                  1. has reasonable grounds to suspect that the cash is not of lawful or legitimate origin or derivation, or is to be used for, or to further, any unlawful or dishonest purpose.
                    1. As soon as is reasonably practicable, and in any case not later than 7 days after the cash is seized, a constable must—

                    2. return the cash to the person from whom it was seized, or have made contact with that person or that person’s representative to arrange for the return of the cash; or
                      1. release the cash to the owner of the cash (if the owner is not the person from whom the cash was seized); or
                        1. make an application to the District Court under section 123C for Police to hold the cash for a further period.
                          1. Nothing in this section affects or limits the power of a constable to seize property that is given by or under any other legislative provision or by the common law.

                          Notes
                          • Section 123B: inserted, on , by section 33 of the Criminal Activity Intervention Legislation Act 2023 (2023 No 7).