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New Zealand Police v Mattheiss [2023] NZDC 12213

Published 10 January 2024

Reserved judgment — determination of title — Policing Act 2008, s 40 — Coroners Act 2006, s 17 — Administration Act 1969 — Police Act 1958 — Property (Relationships) Act 1976, s 61 — Stevens v Menzies High Court Dunedin AP 33/93 21 June 1993. The applicant sought orders to determine the title to various items of property. The original owner of the items had died intestate several years earlier. He had died suddenly, and the items were taken as part of a police investigation into his death. Subsequently three people — the deceased's de facto partner, his mother, and a close friend of his — claimed ownership of the items. The Court found that the Administration Act governed the disposal of the deceased's property. In the circumstances, the de facto partner was the only person who had a realistic claim. The Court ordered that the applicant deliver the items to the de facto partner. Judgment Date: 29 June 2023

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