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

123D: Return or release of cash seized

You could also call this:

"When Police take your cash, they must give it back if they don't need it for a court case."

If the Police seize cash from you, they must return it to you as soon as possible if certain circumstances happen. You will get your cash back if the time the Police are allowed to hold it ends and they did not start court proceedings under the Criminal Proceeds (Recovery) Act 2009 to keep the cash. The Police will also return your cash if court proceedings to keep the cash have been stopped or dismissed.

The Police can also give the cash back to you if you ask for it and tell them where the cash came from and what you were going to use it for, and the Police believe you. If the cash does not belong to you, but to someone else, the Police can give it back to the owner. The Police must return the cash as soon as they can if they are satisfied that the cash is lawful and legitimate and not going to be used for anything wrong.

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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=LMS833440.


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

"Asking to keep seized cash for a longer time to investigate its source or use."


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123E: Application to District Court for return or release of cash seized, or

"Getting cash back from the police if they took it from you"

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

123DReturn or release of cash seized

  1. If any of the circumstances specified in subsection (2) exist, the Police must, as soon as is reasonably practicable,—

  2. return the cash seized to the person from whom it was seized, or make contact with the person or the 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).
      1. The circumstances referred to in subsection (1) are that—

      2. the authorised holding period has ended and before the end of that period the Police did not commence proceedings under the Criminal Proceeds (Recovery) Act 2009 for a restraining order or forfeiture order in respect of the cash seized:
        1. any proceedings commenced under the Criminal Proceeds (Recovery) Act 2009 for a restraining order or forfeiture order in respect of the cash seized have been withdrawn or dismissed:
          1. the person from whom the cash was seized, or the owner of the cash, has requested the return of the cash and provided the Police with information about its origin and intended purpose and the Police, having considered all available information, are satisfied that the cash has lawful and legitimate origin or derivation and is not to be used for any unlawful or dishonest purpose.
            Notes
            • Section 123D: inserted, on , by section 33 of the Criminal Activity Intervention Legislation Act 2023 (2023 No 7).