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Trade in Endangered Species Act 1989

Endangered Species Officers

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

You could also call this:

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

Illustration for Trade in Endangered Species Act 1989

If a vehicle or container is seized under section 39A, you can apply to a District Court Judge to get it back if you think it belongs to you. The Judge can decide to delay your application or make an order to return the vehicle or container to you, and they can set conditions for this. You can make this application at any time.

The Judge has the power to make decisions about your application, including setting terms and conditions for the return of the vehicle or container. They can also delay your application if they think it is necessary.

However, if a court has already decided that the vehicle or container should be forfeited to the Crown under section 39D(1), then this section does not apply, and you cannot make an application to get it back.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM147007.

Topics:
Crime and justice > Courts and legal helpTransport and travel > Driving
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39D: Forfeiture of seized vehicles and containers, or

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

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39F: Effect of order for release of seized vehicle or container, or

"What happens when the Minister says a seized vehicle or container must be released"

Part 3Endangered Species Officers

39EPower of court to order return of seized vehicle or container

  1. Where any vehicle or container is seized under section 39A, any person claiming to be entitled to possession of the vehicle or container may at any time apply to a District Court Judge for an order that it be delivered to that person.

  2. On an application under subsection (1), a District Court Judge may—

  3. adjourn the application, on such terms and conditions as he or she thinks fit, to enable proceedings to be brought or completed; or
    1. make an order for the return of the vehicle or container to the applicant, on such terms and conditions as he or she thinks fit.

      1. Nothing in this section applies to any vehicle or container if a court has ordered under section 39D(1) that it be forfeited to the Crown.

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