Application to court by owner for return of prohibited item
50 Application to court by owner for return of prohibited item
This section applies if a police officer seizes a prohibited item from—
restricted premises in the exercise of powers under section 49; or
premises the subject of a search warrant applied for under the Police Powers and Responsibilities Act 2000, section 150(1)(e) in exercise of powers under section 157(1)(h) of that Act.
A person who claims to have a legal or equitable interest in the prohibited item may, within 21 days after its seizure, apply to a court for an order that the item be returned to—
the person (the applicant); or
someone else named in the application as the person to whom the item may be delivered (the nominee).
The applicant must give each of the following a copy of the application and notice of the day, time and place fixed for hearing the application—
the commissioner;
anyone else the person reasonably believes has a legal or equitable interest in the item.
In this section—
prohibited item does not include an item that is—
evidence of the commission of an offence; or
forfeited to the State under an Act.
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