Biosecurity Act 1993

Administrative provisions - Administrative powers

117: Expenses and compensation

You could also call this:

"Paying for costs when the government takes your goods"

If you own goods that are seized under section 116 and they are forfeited to the Crown, you have to pay for the costs of looking after and getting rid of them. You have to pay the Crown back for these costs, like you would pay back a debt. The Crown can take this money from you.

If the person in charge of the goods, like you, did not know they were not allowed, the Director-General might decide not to make you pay as much or anything at all for the costs of looking after and getting rid of the goods seized under section 116. The Director-General gets to make this decision on their own.

The Director-General's decision to waive or reduce the costs is final and they can choose to do this if they think you did not know the goods were not allowed.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM316317.


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116: Power to seize and dispose of unauthorised goods, or

"Inspectors can take and get rid of goods that are not allowed in New Zealand to keep it safe."


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117A: Seizure and detention of goods or documents as evidence for other enactments, or

"Taking goods or documents as evidence of a crime under other laws"

Part 6Administrative provisions
Administrative powers

117Expenses and compensation

  1. All costs and expenses attendant upon the custody and disposal of goods seized under section 116 and forfeited to the Crown shall be borne by the owner or any other person in possession of the goods immediately before seizure; and shall be recoverable from that person as a debt due to the Crown.

  2. If satisfied that the person in possession of any goods seized under section 116 was not aware that they were unauthorised goods, the Director-General may, at the Director-General's absolute discretion waive or reduce the amount otherwise recoverable in respect of those goods under subsection (1).