28Disposal of property on application to court

#### 28 Disposal of property on application to court 28 Disposal of property on application to court > > (1) A court may, on application by any person, make an order that property seized by a police officer exercising a power conferred by or under this Act— > > > > > (a) be delivered to the person who appears to be lawfully entitled to the property, or > > > > > (b) if that person cannot be ascertained, be dealt with as the court thinks fit. > > > (2) In determining an application the court may do any one or more of the following things— > > > > > (a) adjust rights to property as between people who appear to be lawfully entitled to the same property or the same or different parts of property (including adjusting rights by extinguishing, whether in whole or in part, any interests in the property of such persons), > > > > > (b) make a finding or order as to the ownership and delivery of property, > > > > > (c) make a finding or order as to the liability for and payment of expenses incurred in keeping property in police custody, > > > > > (d) order, if the person who is lawfully entitled to the property cannot be ascertained, that the property be forfeited to the State, > > > > > (e) make any necessary incidental or ancillary orders. > > > (3) Property ordered to be forfeited to the State— > > > > > (a) in the case of money, is to be paid to the Treasurer for payment into the Consolidated Fund, or > > > > > (b) in any other case, may be sold by or on behalf of the Commissioner of Police at public auction and the proceeds of sale are to be paid to the Treasurer for payment into the Consolidated Fund. > > > (4) If the property is not money or is not fit or suitable for sale, or fails to sell at public auction, it is to be disposed of in accordance with the directions of the Commissioner of Police. > > > (5) An order under subsection (2) (a) that provides for the extinguishment, whether in whole or in part, of any interest in property operates to extinguish the interest according to its tenor. > > **s 28:** Am 2005 No 54, Sch 2 \[15\]; 2010 No 57, Sch 1.23 \[1\] \[2\].