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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

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

You could also call this:

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

If the police take your cash, you can ask them to give it back. If they say no, you can apply to the District Court to get your cash back. You can do this if the police have not started a case under the Criminal Proceeds (Recovery) Act 2009 to keep your cash. A District Court Judge can give you your cash back if they think it is not fair for the police to keep it. The Judge will look at how much cash was taken, and if not getting it back will cause you harm. The Judge will also think about whether the police need to keep your cash to start a case under the Criminal Proceeds (Recovery) Act 2009, or to use it as evidence in another case.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS833441.

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Crime and justice > Criminal lawCrime and justice > Police and safetyCrime and justice > Courts and legal help
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123D: Return or release of cash seized, 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

123EApplication to District Court for return or release of cash seized

  1. The person from whom the cash was seized, or the owner of the cash, may apply to the District Court for the return or release of the cash seized if—

  2. the person or owner has requested the Police to return the cash and that request has been refused; and
    1. the Police have not commenced proceedings under the Criminal Proceeds (Recovery) Act 2009 for a restraining order or forfeiture order in respect of the cash seized.

      1. A District Court Judge may grant an application made under subsection (1) if, having regard to the following, the Judge is satisfied that it would be contrary to the interests of justice for the Police to continue to hold the cash:

      2. the value of the cash seized; and
        1. any loss or damage to the applicant that is caused, or is likely to be caused, by not returning or releasing the cash seized; and
          1. the need for the Police to continue to hold the cash seized for the purpose of—
            1. commencing proceedings under the Criminal Proceeds (Recovery) Act 2009 for a restraining order or forfeiture order; or
              1. producing it as evidence in any other proceedings.

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