134U Application for order to return things seized

(1)

A person who claims to be entitled to a thing seized may apply to the court for an order that the thing be delivered to him or her.

(2)

On an application under subsection (1), the court may make an order for delivery of the thing to the applicant if it is satisfied—

(a)

that the applicant is the person entitled to it; and

(b)

that it would be contrary to the interests of justice for the thing to be retained, having regard to—

(i)

the gravity of the alleged offence in respect of which the thing is being retained; and

(ii)

any loss or damage to the applicant caused, or likely to be caused, by retention of the thing; and

(iii)

the likely evidential value of the thing, having regard to any other evidence held by the Commissioner of Police or the chief executive, as the case may be; and

(iv)

whether the evidential value of the thing can be adequately preserved by means other than its retention.

Section 134U: inserted, on 7 October 2011, by section 18 of the Trade Marks Amendment Act 2011 (2011 No 71).