Police Powers and Responsibilities Act 2000

Within 28 days after either of the following happens, the commissioner may appeal against the order to the Supreme Court—

a magistrate refuses to make a post-search approval order;

a magistrate makes an order under section 162(2).

If the police officer appeals, the police officer must retain the thing seized until the appeal is decided.

The court may make an order under section 693 or 694 whether or not the appeal is upheld.