Court may order return of prohibited item
51 Court may order return of prohibited item
The court may order that the prohibited item be returned to the applicant or the nominee on the conditions, if any, the court considers appropriate if satisfied—
the applicant may lawfully possess the item; and
for a prohibited item seized from restricted premises—the seizure was not lawful under section 49; and
for a prohibited item seized from premises the subject of a search warrant applied for under the Police Powers and Responsibilities Act 2000, section 150(1)(e)—the disorderly activities forming the grounds on which the warrant was sought were not taking place at the premises; and
it is appropriate that the item be returned to the applicant or nominee.
If the court proposes to order that the prohibited item be returned to the nominee, the court must also be satisfied that the nominee may lawfully possess the item.
The court must not order the return of a prohibited item to the applicant or the nominee if the court is satisfied the item—
may be evidence in a proceeding relating to the item; or
is a thing used in or for manufacturing a dangerous drug; or
may be subject to a confiscation proceeding.
In this section—
applicant see section 50(2)(a).
confiscation proceeding means a proceeding for an order under the Criminal Proceeds Confiscation Act 2002.
nominee see section 50(2)(b).
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