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Mutual Assistance in Criminal Matters Act 1992

Requests to New Zealand - Requests for search warrants and production orders - Custody and disposal of things seized or produced

49: General provisions

You could also call this:

"What happens to things seized or taken under a search warrant"

Illustration for Mutual Assistance in Criminal Matters Act 1992

When something is seized or produced under a search warrant, you must give it to the Commissioner. The Commissioner keeps it until they deal with it according to this section. You deal with the thing as the Attorney-General directs the Commissioner, subject to section 49A. If the Attorney-General does not give a direction, the Commissioner returns the thing to the right person after a certain time. This time is one month after the thing was seized or produced. The right person is the one who had the thing before it was seized or produced it. The Commissioner must return the thing as soon as possible after this time if they have not received a direction or notice from the Attorney-General. A notice is a written message from the Attorney-General under section 49A. The Commissioner arranges for the thing to be returned to the right person.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1524223.

Topics:
Crime and justice > Police and safety
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"When police tell people a warrant has been carried out"

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49A: Sending thing out of New Zealand, or

"Sending things overseas to help with crimes in other countries"

Part 3Requests to New Zealand
Requests for search warrants and production orders: Custody and disposal of things seized or produced

49General provisions

  1. Any thing seized or produced under a search warrant issued or a production order made under this subpart must—

  2. be delivered into the custody of the Commissioner; and
    1. be kept in the custody of the Commissioner until otherwise dealt with in accordance with this section.

      1. The thing must be dealt with in accordance with any written direction that the Attorney-General gives to the Commissioner (subject to section 49A).

      2. The Commissioner must arrange for the thing to be returned to the appropriate person, as soon as practicable after the prescribed period for the thing ends, if the Attorney-General has not given a direction under this section, or a copy of a section 49A notice, relating to the thing to the Commissioner before the end of that prescribed period.

      3. In this section,—

        appropriate person, for the return of a thing, means the person who—

        1. possessed the thing immediately before it was seized under the search warrant; or
          1. produced it under the production order

            prescribed period, in relation to a thing, means the period of 1 month starting on the day on which the thing is seized or produced

              section 49A notice means a written notice given by the Attorney-General under section 49A.

              Notes
              • Section 49: replaced, on , by section 39 of the Budapest Convention and Related Matters Legislation Amendment Act 2025 (2025 No 39).