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Resource Management Act 1991

Declarations, enforcement, and ancillary powers - Return of property

336: Return of property seized under sections 323 and 328

You could also call this:

“If the police take your stuff because you made too much noise, here's how you can get it back”

If someone takes your stuff because you made too much noise, you can ask to get it back. You need to go to the place where they’re keeping your things and ask for them. They’ll give your stuff back if they think you won’t make too much noise again, and if you pay for the costs of taking and storing your things.

If they say no, you can ask the Environment Court to help you. You have to do this within 6 months of when they took your stuff. The court might say you can have your things back, but you might have to follow some rules about noise. Or they might say no.

If no one asks for the stuff back after 6 months, or if the court says no, the people who took it can get rid of it. They have to tell you first if they know how to contact you. They can sell your stuff and use the money to pay for their costs. If there’s any money left, they have to give it to you if you ask for it.

The people who can take your stuff and make decisions about it are called the ‘relevant authority’. This could be your local council, the consent authority, or the EPA.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM239034.

Topics:
Crime and justice > Police and safety
Government and voting > Local councils
Environment and resources > Town planning
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“This law used to explain how to give back things that the police took during an investigation, but it's not used anymore.”

Part 12 Declarations, enforcement, and ancillary powers
Return of property

336Return of property seized under sections 323 and 328

  1. Where any property is seized and impounded under section 323 or 328 (which relate to failure to comply with an abatement notice to reduce noise or an excessive noise direction), the owner of the property or the person from whom it was seized may apply to the relevant authority or Police station where the property is held, at any time, to have the property returned to him or her.

  2. Where an application is made under subsection (1), the relevant authority or constable with authority to do so must arrange for the return of the property if—

  3. satisfied that the return of the property is not likely to lead to a resumption of the emission of noise beyond a reasonable level; and
    1. the applicant has paid all costs incurred by the relevant authority or Police in seizing, impounding, transporting, and storing the property.

      1. Where the relevant authority or constable with authority to do so refuses to return the property for the reason specified in subsection (2)(a), the applicant may make an application to the Environment Court, and section 325(2) applies as if—

      2. the reference to service of the abatement notice on the appellant were reference to any refusal under this section; and
        1. the time limit for lodging the application were 6 months from the date of seizure.

          1. The Environment Court, on an application under subsection (3), may—

          2. order the return of the property subject to any conditions relating to the continued reduction of noise as it thinks fit; or
            1. refuse the application for the return of the property.

              1. Where—

              2. any property seized under section 323 or 328 is not claimed within 6 months of its seizure; or
                1. the return of the property has been refused under subsection (3) and no application has been lodged within 6 months of the date of seizure; or
                  1. the Environment Court has refused the return of the property under subsection (4)(b),—
                      1. the relevant authority or the Police may dispose of the property in accordance with subsection (6).

                    1. Any local authority, consent authority, or constable wishing to dispose of property under subsection (5)—

                    2. must give written notice to the person from whom the property was seized, where the person's address is known; and
                      1. may sell or cause the property to be otherwise disposed of; and
                        1. may, where any proceeds are realised, apply these to the payment of costs and expenses incurred in selling the property under this section and any costs incurred in seizing, impounding, transporting, and storing the property; and
                          1. must, on demand, pay the remainder of the proceeds to the person from whom the property was seized.

                            1. In this section, relevant authority means the local authority, the consent authority, or the EPA.

                            Notes
                            • Section 336: replaced, on , by section 58 of the Resource Management Amendment Act 2013 (2013 No 63).
                            • Section 336(1): amended, on , by section 91(1) of the Resource Management Amendment Act 2020 (2020 No 30).
                            • Section 336(2): amended, on , by section 91(2) of the Resource Management Amendment Act 2020 (2020 No 30).
                            • Section 336(2)(b): amended, on , by section 91(3) of the Resource Management Amendment Act 2020 (2020 No 30).
                            • Section 336(3): amended, on , by section 91(4) of the Resource Management Amendment Act 2020 (2020 No 30).
                            • Section 336(5): amended, on , by section 91(5) of the Resource Management Amendment Act 2020 (2020 No 30).
                            • Section 336(7): inserted, on , by section 91(6) of the Resource Management Amendment Act 2020 (2020 No 30).