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Waste Minimisation Act 2008

Offences and enforcement - Enforcement officer powers

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

You could also call this:

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

Illustration for Waste Minimisation Act 2008

If you have property seized and impounded under section 81 of the Waste Minimisation Act 2008, the Secretary or a territorial authority can get rid of it if you do not get it back within 6 months. You will get at least 14 working days' notice before they dispose of your property. The Secretary or the territorial authority can sell your property or get rid of it in any other way they think is best.

The money from selling your property will be used to pay for the costs of seizing, impounding, transporting, and storing it. After that, the money will be used to pay for the costs of selling your property. If there is any money left over, it will go to you, or the person it was taken from.

The Secretary or a territorial authority is following the rules set out in section 81 when they seize and impound property.

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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=DLM1154676.

Topics:
Environment and resources > ConservationEnvironment and resources > Waste managementMoney and consumer rights > Property rightsHousing and property > Property rights
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Part 5Offences and enforcement
Enforcement officer powers

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

  1. The Secretary or a territorial authority, as the case may be, may dispose of property seized or impounded under section 81 that has not been returned within 6 months after it was seized and impounded.

  2. The Secretary or the territorial authority must not dispose of property before giving the owner of the property and the person it was seized from not less than 14 working days' notice of his, her, or its intention to do so.

  3. The Secretary or the territorial authority may dispose of the property by way of sale or otherwise as it thinks fit.

  4. Any proceeds from the disposal of the property must be applied to pay,—

  5. first, the costs incurred in seizing, impounding, transporting, and storing the property:
    1. secondly, the costs of disposing of the property:
      1. thirdly, any surplus to the owner of the property or the person from whom it was seized.

        Notes
        • Section 85 heading: amended, on , by section 307(7) of the Search and Surveillance Act 2012 (2012 No 24).
        • Section 85(1): amended, on , by section 307(8) of the Search and Surveillance Act 2012 (2012 No 24).