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Trade in Endangered Species Act 1989

Endangered Species Officers

41: Release of seized specimens

You could also call this:

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

Illustration for Trade in Endangered Species Act 1989

If something like an animal or plant is taken by an Endangered Species Officer, it might be given back to you. This can happen if the police decide not to charge anyone with a crime related to the seized item. It can also happen if someone is found not guilty of a crime related to the seized item. When either of these things happens, the item will be released from the custody of the Crown and given back to you, which is the person who owned it or had it when it was taken.

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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=DLM147015.

Topics:
Environment and resources > ConservationCrime and justice > Police and safety
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40: Custody of seized specimens, or

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

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42: Disposal of seized specimens, or

"What happens to animals or plants that are seized because they are endangered or were brought into New Zealand illegally"

Part 3Endangered Species Officers

41Release of seized specimens

  1. Subject to subsection (1) of section 39 and subsections (1) and (2) of section 40, where any specimen, receptacle, or thing has been seized under section 39 and not previously returned by the court pursuant to the proviso to subsection (4) of section 39, then—

  2. on a decision being made not to file a charging document; or
    1. on the acquittal of any person charged with an offence for which the specimen, receptacle, or thing is subject to forfeiture—
        1. such specimen, receptacle, or thing shall forthwith be released from the custody of the Crown to the owner or person who had possession of the specimen, receptacle, or thing at the time of seizure.

      Notes
      • Section 41: amended, on , by section 4 of the Trade in Endangered Species Amendment Act 2005 (2005 No 71).
      • Section 41: amended, on , by section 8 of the Trade in Endangered Species Amendment Act 1991 (1991 No 100).
      • Section 41(a): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).