Local Government (Prescribed Form for Seizure of Property Not on Private Land) Regulations 2009

2009/416

Crest

Local Government (Prescribed Form for Seizure of Property Not on Private Land) Regulations 2009

Anand Satyanand, Governor-General

Order in Council

At Wellington this 14th day of December 2009

Present:
His Excellency the Governor-General in Council

Pursuant to section 259 of the Local Government Act 2002, His Excellency the Governor-General, on the recommendation of the Minister of Local Government and acting on the advice and with the consent of the Executive Council, makes the following regulations.

Regulations

1 Title
  • These regulations are the Local Government (Prescribed Form for Seizure of Property Not on Private Land) Regulations 2009.

2 Commencement
  • These regulations come into force on the 28th day after the date of their notification in the Gazette.

3 Notice of seizure of property not on private land
  • Every notice issued under section 164(3) of the Local Government Act 2002 must be in the form set out in the Schedule of these regulations.


Schedule 
Form of notice of seizure of property not on private land

r 3

Form
Notice of seizure of property not on private land

Section 164(3), Local Government Act 2002

Territorial Authority: [name, address, and telephone number of territorial authority]

To [name and address of person in possession of property at time property is seized or, if that person is not present, name of person appearing to own or have an interest in the property seized]

This is to notify you that the property listed below has been seized by a warranted enforcement officer and removed from [enter description of location property was seized from] because the property was materially involved in the commission of an offence against the Local Government Act 2002 or a breach of a bylaw made under that Act, namely [specify offence against Local Government Act 2002 or breach of a bylaw made under that Act].

You may contact [name and telephone number of appropriate officer or department at territorial authority who issued notice] if you are the owner of the property or the person from whom it was seized and apply for the property to be returned to you. Before the property is returned, you may be required to provide proof of your identity or proof of ownership.

The territorial authority will return the property to you if—

  • it believes that the property is not likely to be involved in an offence for which it was seized; and

  • you have paid the outstanding costs (if any) of the territorial authority in seizing, impounding, transporting, and storing the property.

If the territorial authority refuses to return the property to you, you may apply to a District Court to review the territorial authority's decision.

The territorial authority may dispose of the property after 14 working days of this notice and within 6 months of the date of the seizure if the property remains unclaimed.

Proceeds from the disposal of the property may be used to pay the costs of the territorial authority incurred in seizing, impounding, transporting, storing, and disposing of the property. Any remaining money will be paid to the owner of the property or the person from whom the property was seized (if identified).

If you do not understand this notice, you should consult a lawyer or the territorial authority immediately.

List of property seized: [describe each item seized, giving an identification number if possible].

Date:

Signature:

Name:

(warranted enforcement officer)


Rebecca Kitteridge,
Clerk of the Executive Council.


Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on the 28th day after the date of their notification in the Gazette, prescribe the form to be used for giving notice of the seizure of property not on private land under section 164(3) of the Local Government Act 2002.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 17 December 2009.

These regulations are administered by the Department of Internal Affairs.