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Corrections Act 2004

Corrections system - Offences - Other offences

150: Power of seizure

You could also call this:

"When you break rules, police can take your things and the government can keep or sell them."

Illustration for Corrections Act 2004

If you break certain rules, a constable or officer can take things from you. They can do this if they think you have broken rules in sections 141 to 145, or section 147 or section 148. They can take things that they think are related to the broken rule.

If you are found guilty of breaking one of these rules, the things that were taken from you can become the property of the Crown. However, a court can order that these things be returned to you or someone else if they think that is fair. The Crown can then sell, use, or get rid of these things as they see fit.

The Crown can also sell, use, or get rid of things that were taken under other rules, like section 133 or section 137. They can do this in any way that the chief executive decides, as long as a court does not say otherwise.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM296528.

Topics:
Crime and justice > Criminal lawCrime and justice > Police and safety
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Part 2Corrections system
Offences: Other offences

150Power of seizure

  1. Any constable or officer who has reasonable grounds to believe that there is any breach by any person of any of sections 141 to 145, or section 147 or section 148 may—

  2. seize any thing in respect of which he or she has reasonable grounds to believe that the breach has occurred; and
    1. for the purpose of seizing any photographic film, videotape, other visual recording, or a sound recording, temporarily take possession of any article in which it is contained.

      1. Anything seized under subsection (1) in respect of which any person is convicted of an offence under any of sections 141 to 145, or section 147 or section 148 is forfeited to the Crown unless the court orders that it be returned to a person who the court considers is entitled to it.

      2. Anything that is forfeited to the Crown—

      3. under subsection (2) may, subject to any order of a court, be sold, used, destroyed, or disposed of in any manner that the chief executive directs:
        1. under any provision of section 133 or 137 may be sold, used, destroyed, or disposed of in any manner that the chief executive directs.

          Compare
          • 1954 No 51 s 44(4)
          Notes
          • Section 150(1): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
          • Section 150(3): inserted, on , by section 29 of the Corrections Amendment Act 2009 (2009 No 3).