Medicines Act 1981

  • not the latest version
64 Further provisions relating to seizure and detention of articles

(1)

If any officer seizes any article under section 63 in any premises or vehicle that is not in the occupation or use of the owner of the article, he shall forthwith give notice in writing of the seizure to the owner, or to the consignor or consignee, or to the agent of the owner, of the article, if his name and address are on or attached to the article or are otherwise known to the officer, and the address is that of a place in New Zealand.

(2)

Subject to subsection (3), where any article is seized under paragraph (i) or paragraph (j) of section 63(2), it may, at the option of the officer concerned, be detained in the premises or vehicle where it was ordered to be seized, or removed to another place and detained there, at the expense of the owner at the time of the seizure.

(3)

An officer shall release any article seized by him under section 63 when he is satisfied—

(a)

that all the provisions of this Act and of any regulations made under this Act, to the extent that they are material, have been complied with in respect of the article; and

(b)

that the article is fit for the purpose for which it is intended to be sold or used.

(4)

If, within the time limited by section 65(1), the seized article has not been released and no application for disallowance of that seizure has been made under that section or any such application has been dismissed, the article shall become the property of the Crown; and the owner of the article at the time of the seizure shall be liable for any costs or expenses incurred in the disposition of that article.

(5)

Without prejudice to the owner’s liability under subsections (2) and (4), where the article was, at the time of the seizure, in the possession of a person who was not the owner and the identity of the owner is not known to the officer, the person in whose possession the article was at that time shall be liable for any costs and expenses incurred in the detention, removal, or disposition of that article.

(6)

If any article seized under section 63 is not destroyed or otherwise disposed of under this section, it shall be returned to the person from whom it was seized when the officer concerned is satisfied of the matters referred to in subsection (3).

Compare: 1969 No 7 s 21(5)–(8)