Trade in Endangered Species Act 1989

Endangered Species Officers

39C: Proceedings to be prosecuted promptly and diligently

You could also call this:

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

Illustration for Trade in Endangered Species Act 1989

If you break the law about trading in endangered species, and a vehicle or container is seized under section 39A, the case against you must be started and dealt with quickly. You can think of it like a clock starting to tick when the vehicle or container is seized. The authorities have to work on your case with due diligence, which means they have to be careful and thorough in their work.

If the authorities do not take any action against you within six months of seizing the vehicle or container under section 39A, or if the case against you is dismissed, the vehicle or container will be released from the custody of the Director-General. This means that if nothing happens with your case for six months, or if you are found not guilty, you will get your vehicle or container back.

The Director-General is in charge of looking after the seized vehicle or container until the case is decided, and they have to make sure it is kept safe until then.

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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=DLM147003.

Topics:

Environment and resources > ConservationCrime and justice > Police and safety

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

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

39D: Forfeiture of seized vehicles and containers, or

"What happens to vehicles and containers used in crimes against endangered species"

Part 3Endangered Species Officers

39CProceedings to be prosecuted promptly and diligently

Proceedings in respect of an offence against this Act shall be commenced promptly and prosecuted with due diligence if they arise in connection with the use of any vehicle or container seized under section 39A.
If no proceedings are taken in respect of the offence concerned within 6 months of the seizure under section 39A of any vehicle or container, or if the proceedings concerned are dismissed, the vehicle or container shall be released from the custody of the Director-General.

Notes

Section 39C: inserted, on 12 August 1991, by section 7 of the Trade in Endangered Species Amendment Act 1991 (1991 No 100).
Section 39C(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).