Medicines Act 1981

Enforcement

64: Further provisions relating to seizure and detention of articles

You could also call this:

"What happens when things are taken away for not following the rules"

You can have things taken away from you if they do not follow the rules. If this happens in a place or vehicle that is not yours, the officer will tell the owner in writing. The officer will include the owner's name and address if they know it. If something is taken away, it can be kept where it was found or moved to another place. You will have to pay for keeping it. The officer can let you have the thing back if they are happy that it follows all the rules. If the officer is not happy, the thing can become the property of the government after a certain time. You will have to pay for getting rid of it. If you were not the owner, but had the thing, you might have to pay for keeping or getting rid of it. The officer will give the thing back to you if they are happy that it is okay. This will happen if the officer is satisfied that the thing follows the rules and is safe to use. You can get your thing back if the officer is happy with it.

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This page was last updated on 27 October 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM56055.

Topics:

Crime and justice > Police and safetyMoney and consumer rights > Consumer protection

63: Powers of officers, or

"What powers do medicine inspectors have?"

65: District Court may order return of property or compensation, or

"Getting your things back or compensation if they were taken by the law"

Part 5Enforcement

64Further provisions relating to seizure and detention of articles

If any officer seizes any article under section 63 in any premises or vehicle that is not in the occupation or use of the owner of the article, he shall forthwith give notice in writing of the seizure to the owner, or to the consignor or consignee, or to the agent of the owner, of the article, if his name and address are on or attached to the article or are otherwise known to the officer, and the address is that of a place in New Zealand.
Subject to subsection (3), where any article is seized under paragraph (i) or paragraph (j) of section 63(2), it may, at the option of the officer concerned, be detained in the premises or vehicle where it was ordered to be seized, or removed to another place and detained there, at the expense of the owner at the time of the seizure.
An officer shall release any article seized by him under section 63 when he is satisfied—
that all the provisions of this Act and of any regulations made under this Act, to the extent that they are material, have been complied with in respect of the article; and
that the article is fit for the purpose for which it is intended to be sold or used.

If, within the time limited by section 65(1), the seized article has not been released and no application for disallowance of that seizure has been made under that section or any such application has been dismissed, the article shall become the property of the Crown; and the owner of the article at the time of the seizure shall be liable for any costs or expenses incurred in the disposition of that article.
Without prejudice to the owner's liability under subsections (2) and (4), where the article was, at the time of the seizure, in the possession of a person who was not the owner and the identity of the owner is not known to the officer, the person in whose possession the article was at that time shall be liable for any costs and expenses incurred in the detention, removal, or disposition of that article.
If any article seized under section 63 is not destroyed or otherwise disposed of under this section, it shall be returned to the person from whom it was seized when the officer concerned is satisfied of the matters referred to in subsection (3).

Compare

1969 No 7 s 21(5)–(8)