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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

40: Police may issue hold notice

You could also call this:

"Police can stop you selling stolen goods for a while"

Illustration for Secondhand Dealers and Pawnbrokers Act 2004

If you are a licence holder, a constable can give you a hold notice if they think you have stolen goods. You must not get rid of the goods in the notice for 28 days, unless a constable says you can. If you do get rid of the goods without a constable's okay, you can be fined up to $10,000.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM305612.

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Topics:
Crime and justice > Police and safetyMoney and consumer rights > Consumer protection
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"What to do if you think something is stolen: report and hold it"

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"Letting Police Check Your Secondhand Goods"

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

40Police may issue hold notice

  1. A constable may issue a hold notice to a licence holder if the constable has reasonable grounds to suspect that any goods held by the person are stolen goods.

  2. If a licence holder is issued with a hold notice, he or she must not dispose of the goods identified in the notice for 28 days from the date of the notice except with the authority of a constable.

  3. A licence holder commits an offence, and is liable on conviction to a fine not exceeding $10,000, if he or she disposes of goods that are identified in a hold notice within 28 days of the issue of the notice without the authority of a constable.

  4. Subsection (2) does not override section 60.

Notes
  • Section 40(1): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
  • Section 40(2): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
  • Section 40(3): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
  • Section 40(3): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).