Section 336 — Resource Management Act 1991: Return of property seized under sections 323 and 328

336 Return of property seized under sections 323 and 328 (1) Where any property is seized and impounded under section 323 or section 328 (which relate to failure to comply with an abatement notice to reduce noise or an excessive noise direction), the owner of the property or person from whom it was seized may apply to the local authority, consent authority, or police station where the property is held, at any time, to have the property returned to him or her. (2) Where an application is made under subsection (1) , the local authority, consent authority, or police officer with authority to do so, shall arrange for the return of the property if— (a) Satisfied that the return of the property is not likely to lead to a resumption of the emission of noise beyond a reasonable level; and (b) The applicant has paid all costs incurred by the local authority, consent authority, or police in seizing, impounding, transporting, and storing the property. (3) Where the local authority, consent authority, or police officer with authority to do so, refuses to return the property for the reason specified in subsection (2)(a) , the applicant may make an application to the Environment Court, and subsections (2) and (4) of section 325 apply as if— (a) The references to service of the abatement notice on the appellant were references to any refusal under this section; and (b) The time limit for lodging the application were 6 months from the date of seizure. (4) The Environment Court on an application under subsection (3) may— (a) Order the return of the property subject to any conditions relating to the continued reduction of noise as it thinks fit; or (b) Refuse the application for the return of the property. (5) Where— (a) Any property seized under section 323 or section 328 is not claimed within 6 months of its seizure; or (b) The return of the property has been refused under subsection (3) and no application has been lodged within 6 months of the date of seizure; or (c) The Environment Court has refused the return of the property under subsection (4)(b) ,— the local authority, consent authority, or the police may dispose of the property in accordance with subsection (6) . (6) Any local authority, consent authority, or police officer wishing to dispose of property under subsection (5) — (a) Shall give written notice to the person from whom the property was seized, where the person's address is known; and (b) May sell or cause the property to be otherwise disposed of; and (c) May, where any proceeds are realised, apply these to the payment of costs and expenses incurred in selling the property under this section and any costs incurred in seizing, impounding, transporting, and storing the property; and (d) Shall, on demand, pay the remainder of the proceeds to the person from whom the property was seized. The words “ Environment Court ” in subsections (3), (4) and (5) were substituted, as from 2 September 1996, for the words “ Planning Tribunal ” pursuant to section 6(2)(a) Resource Management Amendment Act 1996 (1996 No 160).