Trade in Endangered Species Act 1989

Endangered Species Officers

42: Disposal of seized specimens

You could also call this:

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

Illustration for Trade in Endangered Species Act 1989

When a specimen of an endangered species is taken by the authorities, the Director-General decides what to do with it. The Director-General talks to scientists and managers before making a decision. You might have to pay for the costs of taking care of the specimen if it was yours.

If a specimen was brought into New Zealand illegally, the Director-General can talk to the country where it came from about sending it back. The Director-General can also discuss who pays for the costs of sending it back.

If the authorities take a specimen because of a breach of the law, as outlined in section 39(1), you have to pay for the costs of dealing with it. The authorities can take this money from you as a debt. You will not get any compensation for the specimen.

In some cases, the specimen will be treated as property of the Crown under section 57 of the Wildlife Act 1953, and will be dealt with according to that law, even if other parts of this Act say something different, such as sections 39(1), 40(1) and (2), and 51(1).

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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=DLM147018.

Topics:

Environment and resources > ConservationCrime and justice > Police and safety

41: Release of seized specimens, or

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

43: Duty of officers and employees of postal operators, or

"Postal workers must help stop endangered animals and plants being sent illegally to or from New Zealand"

Part 3Endangered Species Officers

42Disposal of seized specimens

Any specimen of an endangered, threatened, or exploited species forfeited to the Crown shall be disposed of in such manner as the Director-General may direct, after consultation with the relevant scientific and management authorities.
The Director-General may negotiate the return, and the payment of any costs associated with that return, of any specimen imported into New Zealand, otherwise than in accordance with this Act, with the management authority of the country from where that specimen originated.
All costs and expenses of and attendant upon any disposal of a specimen forfeited to the Crown and seized under section 39(1) shall be borne by the owner or the person who had possession thereof, and shall be recoverable from him or her as a debt due to the Crown, and no compensation shall be payable in respect thereof.
Notwithstanding sections 39(1), 40(1) and (2) and section 51(1), any specimen of an endangered, threatened, or exploited species seized under section 39 that is deemed to be the property of the Crown under section 57 of the Wildlife Act 1953 shall be disposed of in accordance with that Act.

Notes

Section 42(3): amended, on 17 May 2005, by section 5 of the Trade in Endangered Species Amendment Act 2005 (2005 No 71).