Trade in Endangered Species Act 1989

Trade in endangered, threatened, and exploited species - Permits and certificates

28: Disposal and release of specimens seized from arrivals from overseas

You could also call this:

"What happens to endangered species items seized when people arrive in New Zealand"

Illustration for Trade in Endangered Species Act 1989

If you are a New Zealand citizen, or you live in New Zealand, or you plan to live in New Zealand, and you give up a specimen of an endangered species under section 27(2), the specimen will belong to the government and will be disposed of according to section 42. If you are visiting New Zealand and you give up a specimen under section 27(2), you can ask for it to be returned to you when you leave the country. The person in charge will decide if you can have the specimen back, and if so, they will help you get it when you leave New Zealand.

If the person in charge says no, the specimen will belong to the government and will be disposed of according to section 42. You will not get the specimen back until you have paid all the costs of looking after it, including transport costs. This applies to anyone who gives up a specimen, whether they are a New Zealand citizen or just visiting.

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This page was last updated on 18 September 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM146566.

Topics:

Environment and resources > ConservationImmigration and citizenship > Border control

27: Control of arrivals from overseas, or

"Declaring animals and plants when arriving in New Zealand"

29: Certificate of acquisition, or

"Proof you legally owned an endangered species before the law changed"

Part 1Trade in endangered, threatened, and exploited species
Permits and certificates

28Disposal and release of specimens seized from arrivals from overseas

Where any New Zealand citizen, person resident in New Zealand, or person intending to reside in New Zealand surrenders a specimen of an endangered, threatened, or exploited species under section 27(2), that specimen shall be forfeited to the Crown and shall be disposed of in accordance with section 42.
Any visitor to New Zealand who surrenders a specimen under section 27(2) may apply to the Director-General for the specimen to be returned to the visitor when the visitor leaves New Zealand.
Subject to subsection (4), the Director-General shall consider any application under subsection (2) as expeditiously as possible and the specimen shall be dealt with as follows:
if the Director-General grants the application, the Department shall take all reasonable steps to enable the applicant to take the specimen from the aerodrome or port at which the visitor surrendered the specimen, if and when the visitor leaves New Zealand:
if the Director-General declines the application, that specimen shall be forfeited to the Crown and shall be disposed of in accordance with section 42.

Any specimen that has been surrendered in accordance with this section shall not be released under subsection (2) or subsection (3)(a) to the person who had possession of it at the time of surrender, until that person has paid all costs and expenses incurred by the Crown in relation to the custody of the specimen, including any costs of transporting the specimen.

Notes

Section 28: substituted, on 12 August 1991, by section 3 of the Trade in Endangered Species Amendment Act 1991 (1991 No 100).
Section 28(1): amended, at 2 am on 29 November 2010, by section 406(1) of the Immigration Act 2009 (2009 No 51).