Provisions relating to things seized

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

134T Period things seized may be retained

(1)

A thing seized under this Act may be retained by the Commissioner of Police or by the chief executive while it is required for the purposes of investigating or prosecuting an offence under this Act.

(2)

Subsection (1) is subject to—

(a)

any order of the court under section 134U; and

(3)

If a thing seized is no longer required for the purposes of investigating or prosecuting an offence under this Act, the Commissioner of Police or the chief executive must return it to the person he or she believes is entitled to it.

(4)

The Commissioner of Police or chief executive may apply to the court for an order for directions as to the disposal of the thing if—

(a)

the person who is entitled to it cannot be found; or

(b)

the Commissioner of Police or chief executive is in doubt about who is entitled to it.

(5)

On an application under subsection (4), the court may make such order concerning the disposal of the thing that it thinks appropriate in the circumstances.

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