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StatuteCredit Contracts and Consumer Finance Act 2003

Section 115 — Credit Contracts and Consumer Finance Act 2003: Disposal of things seized

Text of the provision Official document

115 Disposal of things seized (1) In any proceedings relating to any thing seized under warrant, the Court may order, either at the trial or hearing or on an application, that the thing be delivered to the person appearing to the Court to be entitled to it, or that it be otherwise disposed of in any manner that the Court thinks fit. (2) The Commission may, at any time, unless an order has been made under subsection (1) , return the thing to the person from whom it was seized, or apply to a District Court Judge for an order for its disposal. (3) On any application under subsection (2) , the District Court Judge may make any order that a court may make under subsection (1) . (4) If proceedings relating to the thing are not brought within a period of 3 months of its seizure, any person claiming to be entitled to the thing may, after the expiry of that period, apply to a District Court Judge for an order that it be delivered to him or her. (5) On any application under subsection (4) , the District Court Judge may— (a) adjourn the application, on any terms that he or she thinks fit, for proceedings to be brought; or (b) make any order that a court may make under subsection (1) .

Official source: legislation.govt.nz

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Statutory text from an official public source. Informational content — does not replace advice from a qualified lawyer.