Police Powers and Responsibilities Act 2000

This section applies to a relevant thing—

that has been in the possession of the police service for at least 30 days and is not the subject of an application under section 693; or

that is described in a notice given under section 719(4).

A person who claims to have a legal or equitable interest in the relevant thing may apply in writing to the commissioner for the return of the thing to the person or for the delivery of the thing to someone else named in the application as the person to whom the thing may be delivered (the nominee).

The commissioner may require the applicant to give to the commissioner the additional information the commissioner considers reasonably necessary to enable the commissioner to properly consider the application.

After considering the application and any additional information given to the commissioner under subsection (3), the commissioner may—

return the thing to the applicant; or

deliver the thing to the nominee as requested by the applicant; or

refuse to return the thing.

However, the commissioner may only return a thing under subsection (4) if the commissioner is satisfied—

the applicant may lawfully possess the thing; and

it is appropriate that the thing be delivered to the person.

If the commissioner proposes to deliver the relevant thing to the applicant’s nominee, the commissioner must also be satisfied that the nominee may lawfully possess the thing.