Section 337 — Resource Management Act 1991: Return of property seized under warrant

337 Return of property seized under warrant (1) Where anything is seized under a warrant issued under section 334 , it shall be detained under the custody of a constable, except while it is being used in evidence or is in the custody of any Court, until it is disposed of under this section. (2) In any proceedings for an offence relating to anything seized under a warrant issued under section 334 , the Court may order, either at the hearing or on 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 such manner as the Court thinks fit. (3) Any constable may at any time, unless an order has been made under subsection (2) , return the thing to the person from whom it was seized, or apply to a District Court Judge for an order as to its disposal. On any such application, the District Court Judge may make any order that a Court may make under subsection (2) . (4) If proceedings for an offence relating to the thing are not brought within a period of 3 months of seizure, any person claiming to be entitled to the thing may, after the expiration of that period, apply to a District Court Judge for an order that it be delivered to him or her. (5) Where any person is convicted in any proceedings for an offence relating to anything in respect of which a warrant has been issued enabling seizure, and any order is made under this section, the operation of the order shall be suspended until— (a) The expiration of the time prescribed by this Act for the filing of notice of appeal; and (b) Where notice of appeal is filed within the prescribed time, until the determination of the appeal. (6) Where the operation of any such order is suspended until the determination of the appeal, the Court determining the appeal may by order, cancel or vary the order.