New Zealand Legislation: Acts

18D Crown to release seized property in certain circumstances

• (1) If any property has been seized under section 18A(1) of this Act, and that property or the proceeds of sale of the property under that section remains in the custody of the Crown, then such property shall forthwith be released from the custody of the Crown—

  • (a) If a decision is made not to lay an information or charge, or on the withdrawal or dismissal of an information or charge; or

  • (b) On the acquittal of all persons charged with any offence for which forfeiture of the property or proceeds is a consequence of conviction.

  (2) If any information or charge has been laid for any alleged offence in respect of which the property was seized under section 18A of this Act and that property, or the proceeds from the sale of the property under that section, remains in the custody of the Crown, the Court may at any time release the property or proceeds, on application by—

  • (a) The person from whom the property was seized; or

  • (b) The owner or person entitled to the possession of the property seized or any person having a legal or equitable interest in the property,—

  and any such release may be subject to such sureties and conditions as the Court may specify.

  Sections 18A to 18J were inserted, as from 1 October 1996, by section 316(1) Fisheries Act 1996 (1996 No 88). See clause 2 Fisheries Act Commencement Order (No 2) 1996 (SR 1996/255).