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Trade in Endangered Species Act 1989

Endangered Species Officers

40: Custody of seized specimens

You could also call this:

"What happens to animals or plants that are seized to protect endangered species"

Illustration for Trade in Endangered Species Act 1989

When a specimen is seized, the Director-General decides what to do with it. If the specimen might die or rot, the Director-General can get rid of it according to section 42(1). You need to know that the Director-General makes this decision based on the specimen's condition. The Director-General follows the rules to dispose of the specimen.

If nobody knows who owns a seized specimen, it becomes the property of the Crown. This happens if the owner cannot be found within 90 days of the seizure. The specimen is then disposed of according to section 42. The Director-General decides what to do with other seized things, like containers.

Usually, seized specimens and things are kept by the Crown until a decision is made about whether to charge someone with an offence. If someone is charged, the specimens and things are kept until the court case is finished. The decision to charge someone is made as soon as possible after the seizure. This decision is important because it determines what happens to the seized specimens and things.

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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=DLM147011.

Topics:
Environment and resources > ConservationCrime and justice > Police and safety
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"What happens when the Minister says a seized vehicle or container must be released"

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"Getting back animals or plants that were taken by Endangered Species Officers"

Part 3Endangered Species Officers

40Custody of seized specimens

  1. Where, in the opinion of the Director-General, any specimen seized pursuant to subsection (2) or subsection (3) of section 39 may die, rot, spoil, or otherwise perish, the Director-General may dispose of it in accordance with section 42(1) as if that specimen was forfeit to the Crown.

  2. Where the ownership of—

  3. any specimen seized pursuant to subsection (2) or subsection (3) of section 39; or
    1. any receptacle or thing seized pursuant to section 39(4),—
        1. cannot, at the time of seizure or within 90 days from the date of seizure, be ascertained it shall be forfeit to the Crown, and—
      1. in the case of a specimen, be disposed of in accordance with section 42; or
        1. in the case of a receptacle or thing, be disposed of as directed by the Director-General, subject to any conditions imposed by the court pursuant to the proviso to subsection (4) of section 39.

          1. Except as provided in subsections (1) and (2) of this section,—

          2. every specimen seized pursuant to subsection (2) or subsection (3) of section 39; and
            1. every receptacle or thing seized pursuant to section 39(4)—
                1. shall be held in the custody of the Crown until—
              1. a decision is made not to file any charging document in respect of the alleged offence for which the specimen, receptacle, or thing was seized; or
                1. where such a charging document is filed, upon the completion of proceedings in respect of the alleged offence for which the specimen, receptacle, or thing was seized, or such sooner time as the court may determine.

                  1. The decision whether or not to file any charging document in respect of an alleged offence for which any specimen, receptacle, or thing is seized under section 39 shall be made as soon as reasonably practicable after that specimen, receptacle, or thing is seized, taken possession of, or detained.

                  Notes
                  • Section 40(2)(b): amended, on , by section 3(1) of the Trade in Endangered Species Amendment Act 2005 (2005 No 71).
                  • Section 40(3)(b): amended, on , by section 3(2) of the Trade in Endangered Species Amendment Act 2005 (2005 No 71).
                  • Section 40(3)(c): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
                  • Section 40(3)(d): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
                  • Section 40(4): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
                  • Section 40(4): amended, on , by section 3(3) of the Trade in Endangered Species Amendment Act 2005 (2005 No 71).