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Intelligence and Security Act 2017

Authorisations - Unauthorised, irrelevant, and incidentally obtained information - Return of physical items seized

105: Physical items seized to be returned after search or analysis

You could also call this:

"Things taken by security agencies must be returned after they're done with them, unless there's a good reason not to."

Illustration for Intelligence and Security Act 2017

If you have something taken from you by an intelligence and security agency, they can only keep it for as long as they need to search or analyse it. They must then give it back to you or where they took it from. You get your things back after they are done with them.

If the agency thinks giving the item back would stop them from keeping the search a secret, they do not have to give it back. They also do not have to give it back if you were not supposed to have the item, or if it was being used wrongly where it was found. The agency does not have to return the item if they cannot find you to give it back to.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7118962.

Topics:
Crime and justice > Police and safetyRights and equality > Privacy
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Part 4Authorisations
Unauthorised, irrelevant, and incidentally obtained information: Return of physical items seized

105Physical items seized to be returned after search or analysis

  1. A physical item seized under an intelligence warrant may be retained by an intelligence and security agency only for as long as is reasonably necessary to enable the agency to conduct a search or analysis of the item.

  2. The physical item must then be returned to—

  3. the place from which it was seized; or
    1. the person from whom it was seized.

      1. However, subsection (2) does not apply if—

      2. the return of the item would undermine the ability of the agency to maintain the secrecy of the search and seizure; or
        1. the person from whom the item was seized was not lawfully entitled to possession of the item; or
          1. the item was unlawfully in the place from which it was seized or was being used unlawfully in the place from which it was seized; or
            1. the person from whom the item was seized cannot be found.