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Secondhand Dealers and Pawnbrokers Act 2004

Obligations of licence holders, promoters, and Internet auction providers - Obligations of all licence holders - Goods

39: Obligation to report and hold stolen goods

You could also call this:

"What to do if you think something is stolen: report and hold it"

Illustration for Secondhand Dealers and Pawnbrokers Act 2004

If you are a licence holder and you know or suspect goods are stolen, you must report them to a constable as soon as possible. You also have to hold the goods for 10 working days after you report them. If a constable tells you that certain goods are stolen, you must tell the constable if someone tries to sell or pawn them to you. If you already have the stolen goods, you must follow the same rules as before. You will get in trouble if you do not follow these rules, and you might have to pay a fine of up to $10,000. After 10 working days, you can get rid of the goods unless the Police tell you not to, using a hold notice under section 40. You can dispose of the goods after 10 working days, unless the Police issue a hold notice before then. This rule does not change what section 60 says.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM305611.

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Part 3Obligations of licence holders, promoters, and Internet auction providers
Obligations of all licence holders: Goods

39Obligation to report and hold stolen goods

  1. A licence holder who has possession of, or who is offered for sale or pawn, any goods that he or she knows or suspects are stolen goods must—

  2. report the goods to a constable as soon as practicable; and
    1. if he or she has possession of the goods, hold them for 10 working days from the date of the report to the constable.

      1. If a constable gives a licence holder a notice that specified goods are, or are alleged to be, stolen goods, the licence holder must—

      2. immediately notify a constable if any of the specified goods are offered to the licence holder for sale or pawn; and
        1. check whether he or she already has possession of any of the specified goods and, if so, must comply with subsection (1)(a) and (b).

          1. A licence holder commits an offence, and is liable on conviction to a fine not exceeding $10,000, if he or she fails, with respect to goods that the licence holder knows, suspects, or ought reasonably to know or suspect are stolen goods, to comply with subsection (1)(a) or (b) or subsection (2)(a) or (b).

          2. A licence holder may dispose of goods that he or she has reported to the Police under this section after holding them for at least 10 working days unless, before the expiry of the 10 working days, the Police issue a hold notice under section 40 with respect to the goods.

          3. Subsection (4) does not override section 60.

          Compare
          • 1908 No 141 ss 34, 36
          Notes
          • Section 39(1)(a): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
          • Section 39(1)(b): amended, on , by section 287(1) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
          • Section 39(1)(b): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
          • Section 39(2): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
          • Section 39(2)(a): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
          • Section 39(3): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
          • Section 39(4): amended, on , by section 287(2) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).