Return of removed property
12 Return of removed property
The principal or staff member must, within a reasonable time after the property was removed from the student, make the property available for collection by—
the student; or
a parent of the student, if—
the student is a child; and
the principal considers it would be appropriate to make the property available for collection only by the parent considering—
the condition, nature and value of the property; and
the safety of the student, other students of the school and staff members of the school; and
the good management, administration and control of the school.
Subsection (1)(b) does not apply if the principal is satisfied it would be inappropriate in the circumstances to make the property available for collection by a parent of the student.
Example—
It may be inappropriate for the property to be made available for collection by a parent of the student if the student is living independently of his or her parents.
The principal or other staff member is not required to make the property available for collection under subsection (1) if—
a police officer has seized the property under the Police Powers and Responsibilities Act 2000; or
a police officer has indicated to a staff member of the school that a police officer will come to the school to investigate matters relating to the property, but no police officer has done so; or
the principal or other staff member knows, or suspects, the student is not the owner of the property; or
the principal or other staff member has made reasonable efforts to notify the student or a parent of the student that the property is available for collection, and has not been able to contact the student or a parent.
If the principal or staff member knows, or suspects, the student is not the owner of the property, the principal or staff member must make reasonable efforts to return the property to the owner.
In deciding what is a reasonable time for subsection (1), the student or staff member must consider—
the condition, nature and value of the property; and
the circumstances in which the property was removed from the student; and
the safety of the student, other students of the school and staff members of the school; and
the good management, administration and control of the school.
The principal or other staff member must take reasonable care to ensure that property made available for collection under subsection (1) is in the same condition as it was in when the property was removed from the student.
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