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Trade in Endangered Species Act 1989

Endangered Species Officers

39: Seizure of endangered species traded in contravention of Act

You could also call this:

"Authorities can seize endangered animals or plants traded unfairly in New Zealand."

Illustration for Trade in Endangered Species Act 1989

If you are an officer who looks after endangered species, you can take something that is being traded unfairly. This can happen on a ship, aircraft, or at a port or airport. You must follow the rules in section 42 when you take the specimen.

If you think someone has brought an endangered species into New Zealand unfairly, you can take it. You can also take any babies of that animal or any plants that grew from it. You must give it to the Director-General.

You can take a specimen if you think it will be exported unfairly. You must give it to the Director-General.

When you take a specimen, you can also take the container it is in. You can take anything that might be evidence of someone breaking the rules. You must give it to the Director-General, but the owner might be able to get it back.

A Customs controlled area is an area where customs officers work, as defined in section 5(1) of the Customs and Excise Act 2018. A transitional facility is a place where things are moved from one place to another, as defined in section 2(1) of the Biosecurity Act 1993. If you take a specimen, the owner will not get any money for it.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM146598.

Topics:
Environment and resources > ConservationCrime and justice > Police and safety
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38A: Application of Customs and Excise Act 2018, or

"Rules from the Customs Act apply when importing or exporting endangered species"

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39A: Power to seize vehicles and containers, or

"Stopping and taking vehicles and containers used for harming endangered species"

Part 3Endangered Species Officers

39Seizure of endangered species traded in contravention of Act

  1. Where an officer finds, in or on any ship or aircraft or at any port, aerodrome, transitional facility, or Customs controlled area, any specimen of an endangered, threatened, or exploited species that—

  2. is being traded otherwise than in accordance with this Act; or
    1. is not listed on the inward or outward report in respect of that ship or aircraft,—
        1. that specimen shall be forfeit to the Crown, and shall be seized by the officer who shall dispose of it in accordance with section 42.

      1. Any officer who has reasonable cause to believe that any specimen of an endangered, threatened, or exploited species has been imported or introduced from the sea into New Zealand otherwise than in accordance with this Act, may seize that specimen and,—

      2. in the case of an animal, any descendant of that specimen; or
        1. in the case of a plant, any propagation of that specimen,—
            1. and shall deliver it into the custody of the Director-General.

          1. Any officer who has reasonable cause to believe that any specimen of an endangered, threatened, or exploited species is intended to be exported or re-exported from New Zealand otherwise than in accordance with this Act, may seize that specimen and shall deliver it into the custody of the Director-General.

          2. Any officer seizing any specimen under this section may also seize—

          3. any container, packing case, crate, box, or any other form of receptacle (not being a bulk cargo container or a pallet) holding that specimen; and
            1. any thing which the officer has reason to believe will be evidence of a breach of the provisions of this Act or of any regulation made under it,—
                1. and shall deliver it into the custody of the Director-General: provided that the owner or the person entitled to the possession of the items seized under this subsection may apply to the District Court at any time for the return of those items, not being items that are required for evidential purposes in a hearing of any court, and the court may order the retention of those items or their return on such conditions as the court thinks fit.

              1. No compensation shall be payable in respect of any specimen seized under subsection (1).

              2. For the purposes of subsection (1),—

                Customs controlled area has the meaning given to it in section 5(1) of the Customs and Excise Act 2018

                  transitional facility has the meaning given to it in section 2(1) of the Biosecurity Act 1993.

                  Notes
                  • Section 39(1): amended, on , by section 4(1) of the Trade in Endangered Species Amendment Act 2007 (2007 No 85).
                  • Section 39(6): added, on , by section 4(2) of the Trade in Endangered Species Amendment Act 2007 (2007 No 85).
                  • Section 39(6) Customs controlled area: amended, on , by section 443(3) of the Customs and Excise Act 2018 (2018 No 4).