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Trade in Endangered Species Act 1989

Offences and infringement offences - Forfeiture

51: Forfeiture of property

You could also call this:

"Losing property for breaking endangered species trade laws"

Illustration for Trade in Endangered Species Act 1989

If you break the law about trading in endangered species, you might lose some of your property. This can happen if you are found guilty of a crime or if you get an infringement notice and you pay the fine, or if you make a deal to pay the fine in parts. You might lose things like animals or plants that are endangered, or the boxes and containers used to move them. These things will belong to the government and they will decide what to do with them, like selling them or getting rid of them.

If you own something that has been taken by the government, you can ask for it back within 30 days. The government might give it back to you if you pay them some money. Losing your property is an extra punishment, and you might still get a fine or other penalty. You can't get your property back until the court has made a final decision about your case.

The government will follow special rules to deal with the animals or plants that have been taken, as outlined in section 42. They will also follow rules from the Summary Proceedings Act 1957, which explains how to handle infringement notices. The Director-General will decide what to do with the boxes and containers that were used.

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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=DLM147038.

Topics:
Environment and resources > ConservationCrime and justice > Criminal lawCrime and justice > Police and safety
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50I: Penalties for infringement offences, or

"Breaking endangered species rules can cost you a fine or fee"

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"People doing their job to protect endangered species are protected from getting in trouble"

Part 4Offences and infringement offences
Forfeiture

51Forfeiture of property

  1. This section applies if—

  2. a person is convicted of an offence against this Act; or
    1. an infringement notice is issued to the person or a charging document filed against the person in relation to an infringement offence and any of the following occurs:
      1. the infringement fee for the offence is paid:
        1. a copy of a reminder notice in respect of the infringement offence is filed or a reminder notice is deemed to have been filed in a court under section 21 of the Summary Proceedings Act 1957, as the case requires, within 6 months after the time when the offence is alleged to have been committed:
          1. the informant and the person enter into an arrangement under section 21(3A) of the Summary Proceedings Act 1957 allowing the person to pay the relevant infringement fee by instalments:
            1. the person is found guilty, or admits the commission, of the infringement offence.

            2. Subject to subsection (2), if this section applies,—

            3. any specimen of an endangered, threatened, or exploited species in respect of which the offence has been committed; and
              1. any container, packing case, crate, box, or any other form of receptacle (not being a bulk cargo container or a pallet) used in relation to the commission of the offence,—
                  1. whether or not they have been seized, taken possession of, or detained under section 39, shall be forfeit to the Crown, and disposed of,—
                1. in the case of a specimen, in accordance with section 42:
                  1. in the case of a receptacle, as the Director-General directs.

                    1. Notwithstanding the conviction of any person for any offence against this Act, no specimen shall be forfeited or disposed of until proceedings are finally determined.

                    2. Any person whose receptacle has been forfeit to the Crown under subsection (1) or any person having a legal or equitable interest in such property may apply to the Minister within 30 days of the forfeiture for the release of the property so forfeited; and the Minister may order the release of such property on payment to the Crown of such amount as the Minister thinks appropriate, being an amount not exceeding the amount the items otherwise forfeited are estimated by the Director-General to realise if sold by public auction in New Zealand.

                    3. Any forfeiture directed or redemption payment imposed pursuant to this section shall be in addition to, and not in substitution for, any other penalty that may be imposed by the court or by this Act.

                    Notes
                    • Section 51 heading: replaced, on , by section 51(1) of the Conservation (Infringement System) Act 2018 (2018 No 61).
                    • Section 51(1AA): inserted, on , by section 51(2) of the Conservation (Infringement System) Act 2018 (2018 No 61).
                    • Section 51(1): amended, on , by section 51(3) of the Conservation (Infringement System) Act 2018 (2018 No 61).
                    • Section 51(2): amended, on , by section 11 of the Trade in Endangered Species Amendment Act 1991 (1991 No 100).
                    • Section 51(3): amended, on , by section 51(4) of the Conservation (Infringement System) Act 2018 (2018 No 61).