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Conservation Act 1987

Miscellaneous

46A: Forfeiture of property for infringement offence

You could also call this:

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

If you break a conservation rule, you might have to give up something you own. This can happen if you are taken to court for breaking a conservation rule and you are found guilty or you admit to breaking the rule. The court will then treat you as if you had been convicted of a more serious offence, as set out in section 46 of the Conservation Act.

If you get an infringement notice for breaking a conservation rule, and you pay the fine, or a reminder notice is filed in court within six months of the alleged offence, or you make a payment arrangement, or you are found guilty of the offence, then section 46 of the Conservation Act will apply to you, except for one part. This means you might have to give up something you own, as if you had been convicted of a more serious offence against the Conservation Act.

You can find more information about the court process in the Criminal Procedure Act 2011 and the Summary Proceedings Act 1957.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS150254.

Topics:
Environment and resources > ConservationCrime and justice > Criminal lawCrime and justice > Courts and legal help
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46: Forfeiture of property, or

"Losing your things if you break conservation rules"

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Part 6Miscellaneous

46AForfeiture of property for infringement offence

  1. Subsection (2) applies if—

  2. proceedings in respect of an infringement offence are commenced by the filing of a charging document under the Criminal Procedure Act 2011; and
    1. the person is found guilty, or admits the commission, of the infringement offence.

      1. Section 46 applies as if a person were convicted of an offence against this Act.

      2. Subsection (4) applies if an infringement notice is issued to the person in respect of an infringement offence and any of the following occurs:

      3. the infringement fee for the offence is paid:
        1. a copy of a reminder notice in respect of the infringement offence is filed or a reminder notice is deemed to have been filed in a court under section 21 of the Summary Proceedings Act 1957, as the case requires, within 6 months after the time when the offence is alleged to have been committed:
          1. the informant and the person enter into an arrangement under section 21(3A) of the Summary Proceedings Act 1957 allowing the person to pay the relevant infringement fee by instalments:
            1. the person is found guilty, or admits the commission, of the infringement offence.

              1. Section 46, except for section 46(5)(a), applies as if a person were convicted of an offence against this Act.

              Notes
              • Section 46A: inserted, on , by section 11 of the Conservation (Infringement System) Act 2018 (2018 No 61).