41Return of seized things

41 Return of seized things (1) A police officer who seizes a thing under this Act must return it to its owner, or to the person who had lawful possession of the thing when it was seized, if the officer is satisfied that: (a) the thing does not need to be retained as evidence; (b) it is lawful for the person to have possession of the thing; (c) the thing does not pose a risk to public health or public safety; and (d) the thing has not been destroyed under this Act. (2) A court may, on the application of a person, order that a thing that has been seized under this Act and that has not been destroyed: (a) be delivered to the person who appears to be lawfully entitled to the thing; or (b) if the person who is lawfully entitled to the thing cannot be determined – be dealt with as the court thinks fit.