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Trade in Endangered Species Act 1989

Endangered Species Officers

39B: Director-General to retain seized vehicles and containers

You could also call this:

"The government keeps vehicles and containers seized for breaking endangered species rules until court cases finish."

Illustration for Trade in Endangered Species Act 1989

If you own a vehicle or container that is seized under the Trade in Endangered Species Act, the Director-General will keep it until any court cases are finished. The Director-General will keep the vehicle or container if it was seized because of something to do with the Act. You can find more information about when things can be seized in section 39A.

The Director-General has to look after anything that is being kept. If the Director-General thinks the person who seized the vehicle or container did not have a good reason, it will be given back.

The Director-General must take care of the property while it is being kept, as stated in section 39E and other parts of the Act.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM147001.

Topics:
Environment and resources > ConservationCrime and justice > Police and safety
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39A: Power to seize vehicles and containers, or

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

Next

39C: Proceedings to be prosecuted promptly and diligently, or

"Cases about endangered species trading must be dealt with quickly and carefully."

Part 3Endangered Species Officers

39BDirector-General to retain seized vehicles and containers

  1. Subject to section 39E, where any vehicle or container is seized under section 39A, it shall, pending any criminal proceedings under this Act against the owner or any person in possession of the vehicle or container, be retained by the Director-General.

  2. If at any time following the seizure of any vehicle or container under section 39A (not being a vehicle or container that has been forfeited to the Crown) it appears to the Director-General that the officer who seized the vehicle or container is unable to establish clearly that he or she had the reasonable belief necessary to exercise that power, the Director-General shall immediately release the vehicle or container from his or her custody.

  3. The Director-General shall exercise reasonable care of any property while it is retained in his or her custody under subsection (1).

Notes
  • Section 39B: inserted, on , by section 7 of the Trade in Endangered Species Amendment Act 1991 (1991 No 100).