Plain language law

New Zealand law explained for everyone

Trade in Endangered Species Act 1989

Endangered Species Officers

39D: Forfeiture of seized vehicles and containers

You could also call this:

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

Illustration for Trade in Endangered Species Act 1989

If you break the law about trading in endangered species, a court can take away a vehicle or container used in the crime. The court can order this if you are found guilty of an offence against the Trade in Endangered Species Act. The Minister then decides what to do with the vehicle or container.

You might be able to get your property back if it was taken away because someone else broke the law. You can ask the Minister to return the property within 30 days of the conviction. The Minister might agree to give it back if you pay a certain amount of money.

The Minister will think about a few things before deciding whether to give the property back. This includes how you are related to the person who broke the law and whether you could have known the property would be used for something illegal. If a court orders a forfeiture, you might still have to pay another penalty as well.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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=DLM147005.

Topics:
Environment and resources > ConservationCrime and justice > Criminal lawCrime and justice > Police and safety
Previous

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

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

Next

39E: Power of court to order return of seized vehicle or container, or

"Getting back a seized vehicle or container: a court can order its return to you"

Part 3Endangered Species Officers

39DForfeiture of seized vehicles and containers

  1. On the conviction of any person for any offence against this Act, any vehicle or container retained in respect of that offence under section 39B(1) may, on the order of the court, be forfeited to the Crown; and, in that case, the vehicle or container shall be disposed of as the Minister thinks fit.

  2. Any person whose property has been forfeited to the Crown under this section or any person having a legal or equitable interest in any such property (not being, in either case, a person convicted of an offence out of which the forfeiture arose) may apply to the Minister, within 30 days of the conviction concerned, for the release of the property forfeited; and the Minister may order the release of the property on payment to the Crown of any amount the Minister thinks appropriate, being an amount not exceeding the amount the items forfeited are estimated by the Director-General to be likely to realise if sold by public auction in New Zealand.

  3. In considering whether to order the release of any property on payment of an amount under subsection (2), the Minister shall have regard to—

  4. the relationship between the person applying for release of the property and the person convicted of the offence; and
    1. the extent to which it was foreseeable that the property would be used in connection with the commission of an offence against this Act when it was placed in the possession of the offender.

      1. Any forfeiture ordered under this section shall be in addition to, and not in substitution for, any other penalty that may be imposed.

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