Part 3
Enforcement, miscellaneous, and transitional provisions
Enforcement officers
39Return of property seized and impounded
The owner of property that has been seized and impounded under section 37, or the person from whom the property was seized, may request the local authority concerned, the Director-General, the chief executive, or the commissioner to return the property.
The local authority, the Director-General, the chief executive, or the commissioner must return the property if—
- the property is in future not likely to be used in any offence of the kind for which it was seized; and
- the owner or person has paid, or tenders with the request payment of, the costs of the local authority, the Department, or LINZ in seizing, impounding, transporting, and storing the property.
If the local authority, the Director-General, the chief executive, or the commissioner refuses to return the property, the owner or person from whom it was seized may apply to the District Court to review the decision of the local authority, the Director-General, the chief executive, or the commissioner.
The District Court may—
- confirm the decision of the local authority, the Director-General, the chief executive, or the commissioner to refuse to return the property; or
- order that the property be returned unconditionally or subject to any conditions that the court thinks fit.
To avoid doubt, nothing in this section—
- affects or limits the liability of any person for the offence in relation to which the property was seized; or
- affects or limits the rights of the local authority, the Director-General, the chief executive, or the commissioner to commence or continue proceedings for the offence in relation to which the property was seized.
Notes
- Section 39(1): amended, on , by section 34(1) of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
- Section 39(2): amended, on , by section 34(2)(a) of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
- Section 39(2)(b): amended, on , by section 34(2)(b) of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
- Section 39(3): amended, on , by section 34(3) of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
- Section 39(3): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
- Section 39(4)(a): amended, on , by section 34(3) of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).
- Section 39(5)(b): amended, on , by section 34(3) of the Self-contained Motor Vehicles Legislation Act 2023 (2023 No 24).