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Conservation Act 1987

Miscellaneous

46: Forfeiture of property

You could also call this:

"Losing your things if you break conservation rules"

If you break a rule in the Conservation Act, you might lose some of your property. This can happen if you use something to commit the offence, like a ship or a hunting weapon. The court can say that item now belongs to the government.

If the offence involves an animal or plant, it will be taken by the government. But if it's a wild animal, it will be dealt with under the Wild Animal Control Act 1977. You might be able to get your property back if you ask the Minister within 30 days.

If a Fish and Game Council starts a prosecution against you, any property you lose will be given to that Council. They can sell it and use the money for their work. Any fines you pay will also go to the Council, to help them look after fish in their area.

Losing your property is an extra penalty, and you might still have to pay a fine or do something else as well. The Minister can decide what happens to the property that is lost, and they can also decide how much money you need to pay to get it back.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM106681.

Topics:
Crime and justice > Criminal lawEnvironment and resources > ConservationGovernment and voting > Government departments
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45: Offenders liable for loss or damage, or

"People who break conservation rules must pay for what they did and fix any damage."

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46A: Forfeiture of property for infringement offence, or

"Breaking conservation rules can mean giving up something you own if you're found guilty."

Part 6Miscellaneous

46Forfeiture of property

  1. Repealed

  2. Repealed

  3. Repealed

  4. Repealed

  5. Subject to subsection (7), on the conviction of any person for any offence against this Act,—

  6. any ship, vehicle, aircraft, conveyance, machinery, implement, appliance, material, container, goods, equipment, fishing gear, or hunting weapon used in the commission of the offence may, on the direction of the court, be forfeited to the Crown; and in that case shall be disposed of as the Minister thinks fit; and
    1. any animal, animal product, freshwater fish, freshwater fish product, natural or historic resource, or plant in respect of which the offence has been committed, whether or not it has been seized or taken possession of under this Act, shall be forfeit to the Crown, and shall be disposed of as the Minister thinks fit, unless it is a wild animal or a part of any wild animal, in which case it shall be dealt with under the Wild Animal Control Act 1977.

      1. Where any thing seized under this Act is—

      2. protected wildlife or an animal product derived from any protected wildlife, it shall be dealt with under the Wildlife Act 1953:
        1. a protected New Zealand object,—
          1. if it is the property of the Crown, it shall be delivered to the Secretary for Internal Affairs or, with the consent of the Secretary for Internal Affairs, kept in the custody of the Director-General:
            1. in every other case, it shall be delivered to the person who is entitled to its custody under the Protected Objects Act 1975.

            2. Any person whose property has been forfeited to the Crown under this section or any person having a legal or equitable interest in any such property (being, in neither case, a person convicted of an offence out of which the forfeiture arose) may apply to the Minister within 30 days of the conviction concerned for the release of the property forfeited; and the Minister may order the release of the property on payment to the Crown of any amount the Minister thinks appropriate, being an amount not exceeding the amount the items forfeited are estimated by the Director-General to be likely to realise if sold by public auction in New Zealand.

            3. Notwithstanding anything in this section, the following provisions shall apply where a prosecution is commenced by an officer of a Fish and Game Council:

            4. the forfeited property shall be disposed of by the Minister to that Council for the purposes of sale and may be sold by that Council, and the proceeds of sale shall be paid into its funds and applied for the purposes of the Council:
              1. subject to section 73(2) of the Public Finance Act 1989, all fines imposed and recovered in proceedings taken by a Fish and Game Council for any breach of this Act or any regulations or notice made under this Act shall be paid to the Council of the region or district in which the fines were received, for the purpose of the distribution, rearing, cultivation, and protection of fish in the region or district of that Council.

                1. Any forfeiture directed, or redemption payment imposed, under this section shall be in addition to, and not in substitution for, any other penalty that may be imposed.

                Notes
                • Section 46(1): repealed, on , by section 212(4) of the Search and Surveillance Act 2012 (2012 No 24).
                • Section 46(2): repealed, on , by section 212(4) of the Search and Surveillance Act 2012 (2012 No 24).
                • Section 46(3): repealed, on , by section 212(4) of the Search and Surveillance Act 2012 (2012 No 24).
                • Section 46(4): repealed, on , by section 212(4) of the Search and Surveillance Act 2012 (2012 No 24).
                • Section 46(5)(a): amended, on , by section 26(1)(a) of the Conservation Law Reform Act 1990 (1990 No 31).
                • Section 46(5)(b): amended, on , by section 26(1)(b) of the Conservation Law Reform Act 1990 (1990 No 31).
                • Section 46(6)(b): amended, on , by section 35 of the Protected Objects Amendment Act 2006 (2006 No 37).
                • Section 46(6)(b)(ii): amended, on , by section 35 of the Protected Objects Amendment Act 2006 (2006 No 37).
                • Section 46(7A): inserted, on , by section 26(2) of the Conservation Law Reform Act 1990 (1990 No 31).
                • Section 46(7A): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
                • Section 46(7A)(b): amended, on , by section 35 of the Conservation Amendment Act 1996 (1996 No 1).