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Waste Minimisation Act 2008

Offences and enforcement - Enforcement officer powers

84: Return of property seized and impounded

You could also call this:

"Getting your property back after it's been seized"

Illustration for Waste Minimisation Act 2008

If your property is seized and impounded under section 81, you can ask the Secretary or the territorial authority to give it back to you. You need to ask them to return the property. The Secretary or the territorial authority will give your property back if it is not likely to be involved in the offence for which it was seized, and you have paid the costs of seizing, impounding, transporting, and storing the property.

If the Secretary or the territorial authority says no to returning your property, you can go to the District Court to ask them to review the decision. The District Court can either agree with the Secretary's or the territorial authority's decision, or they can order that your property be returned to you. You can apply to the District Court if you are not happy with the decision made by the Secretary or the territorial authority.

You can find more information about the rules for seizing property in section 81, which you can read by following the link to section 81.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1154675.

Topics:
Crime and justice > Police and safetyMoney and consumer rights > Consumer protection
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"Rules for taking things from private land are now in a different law"

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85: Power to dispose of property seized and impounded under section 81, or

"What happens to your property if it's seized and you don't get it back within 6 months"

Part 5Offences and enforcement
Enforcement officer powers

84Return of property seized and impounded

  1. The owner of property that has been seized and impounded under section 81, or the person from whom the property was seized, may request the Secretary or the territorial authority concerned, as the case may be, to return the property.

  2. The Secretary or the territorial authority must return the property if—

  3. the property is not likely to be involved in the offence for which it was seized; and
    1. the owner or person has paid, or tenders with the request for payment of, the costs of the Secretary or the territorial authority in seizing, impounding, transporting, and storing the property.

      1. If the Secretary or the territorial authority refuses to return the property, the owner or person from whom it was seized may apply to the District Court to review the Secretary's or the territorial authority's decision.

      2. The District Court may—

      3. confirm the Secretary's or the territorial authority's decision; or
        1. order that the property be returned.

          Notes
          • Section 84(1): amended, on , by section 307(6) of the Search and Surveillance Act 2012 (2012 No 24).
          • Section 84(3): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).