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Medicines Act 1981

Enforcement

65: District Court may order return of property or compensation

You could also call this:

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

Illustration for Medicines Act 1981

If something is seized from you under section 63(2)(i) of the Medicines Act 1981, you can ask the District Court to return it to you. You can also ask the court to order the Crown to pay you compensation for any damage to the item. The court can make an order to return the item or pay compensation if it thinks it is fair. You must apply to the court within 7 days of the item being seized. The court will look at your application and can make a decision. The court's decision is final and you must follow it. The court will not return the item or pay compensation if it thinks the item will be used for something illegal. The court will also not pay compensation if the item was seized for a good reason. If the court orders the Crown to pay you compensation, you can recover the money as a debt. You must follow the rules of the District Court when making an application. You can find these rules in the District Court Act 2016. You must serve notice of your application to the other party involved. Note that this section does not affect the Customs and Excise Act 2018 or any other laws. You can find more information about this in the Customs and Excise Act 2018 and the District Court Act 2016 by visiting the District Court Act 2016 and Customs and Excise Act 2018 links.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM56056.

Topics:
Crime and justice > Courts and legal helpMoney and consumer rights > Consumer protection
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Part 5Enforcement

65District Court may order return of property or compensation

  1. Any person claiming an interest in any substance or article seized under section 63(2)(i), may, within 7 days thereafter, apply to the District Court for an order—

  2. that the seizure be disallowed and that the article be returned or otherwise made available to him:
    1. that the Crown shall pay to him such sum by way of compensation for any depreciation in the value of the substance or article resulting from its seizure, detention, or removal as the court thinks fit.

      1. On any such application, the court may dismiss it, or, subject to subsections (3) and (4), order—

      2. that the seizure be disallowed in whole or in part; or
        1. that the detention of the substance or article be terminated in whole or in part; or
          1. that compensation be paid by the Crown for any depreciation in the value of the substance or article resulting from its seizure, detention, or removal, and any transport and storage costs,—
              1. and any such order may be made upon and subject to such terms and conditions as the court thinks fit.

            1. No order that the seizure of the substance or article be disallowed or that the detention of the substance or article be terminated in whole or in part shall be made if the court is of the opinion that the purpose to which that substance or article or that part is intended to be put will probably involve the commission of an offence against this Act, or any regulation made under this Act, or that the continued detention of that substance or article or that part is expedient for the purpose of its production in any pending proceedings under this Act.

            2. No order for the payment of compensation shall be made except in respect of a substance or article or part that, in the opinion of the court, ought not to have been seized or continued to be detained, as the case may be, and except to the extent that the court disallows the seizure or terminates the detention.

            3. Where the court makes an order for the payment of any sum by way of compensation to any person under this section, the sum so awarded shall be recoverable by that person as a debt due from the Crown.

            4. Every application to the court under this section shall be made and dealt with by way of originating application filed in the office of the court nearest to the place where the substance or article in dispute was seized or ordered to be detained.

            5. The applicant shall serve notice of his application on the respondent on or before the date on which he files it in the court.

            6. Except as modified by subsections (6) and (7), the rules of procedure for the time being in force under the District Court Act 2016 shall apply with respect to every application to the court under this section.

            7. Every order made by the court under this section shall be final and binding on all parties.

            8. Nothing in this section shall limit or affect the Customs and Excise Act 2018 or any other enactment.

            Compare
            • 1969 No 7 s 22
            • 1979 No 27 s 49
            • SR 1964/64 r 20(f)
            Notes
            • Section 65(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
            • Section 65(8): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
            • Section 65(10): amended, on , by section 443(3) of the Customs and Excise Act 2018 (2018 No 4).