34Responsible persons for property may apply to Civil and Administrative Tribunal for administrative review

#### 34 Responsible persons for property may apply to Civil and Administrative Tribunal for administrative review 34 Responsible persons for property may apply to Civil and Administrative Tribunal for administrative review > > (1) The responsible person for property that has been taken possession of under this Act, or a person issued with a direction under this Act, may apply to the Civil and Administrative Tribunal for an administrative review under the [Administrative Decisions Review Act 1997](/view/html/inforce/current/act-1997-076) of the decision to— > > > > > (a) take possession of the property, but only on the ground that taking possession of the property was unlawful, or > > > > > (b) issue the direction, but only on the ground that issuing the direction was unlawful. > > > (2) The responsible person for property that has been taken possession of under this Act may apply to the Civil and Administrative Tribunal for an administrative review under the [Administrative Decisions Review Act 1997](/view/html/inforce/current/act-1997-076) of an amount required to be paid for the return of the property, whether to an authority or an occupier of private land, but only on the ground the amount— > > > > > (a) has been improperly charged or incorrectly calculated, or > > > > > (b) is excessive. > > > (3) An application may not be made under this section until the responsible person for the property has given the authority or occupier written notice the responsible person intends to apply to the Civil and Administrative Tribunal. > > > (4) If notice of intention to apply to the Civil and Administrative Tribunal is given, the authority or occupier must not sell or otherwise dispose of the property until— > > > > > (a) the time limit for an application has expired and an application has not been made, or > > > > > (b) if an application is made— > > > > > > > (i) the application has been finally determined, or > > > > > > > (ii) the application has been refused or withdrawn. > > > (5) Subsection (4) does not affect the operation of section 22. > > > (6) An authority or occupier may return property in the authority’s or occupier’s possession pending the determination of an application. > > > (7) The return of property under subsection (6) does not affect a right of recovery the authority or occupier may have under this Act.