Sale and Supply of Alcohol Act 2012

Sale and supply of alcohol generally - Offences and closure of premises - Miscellaneous provisions

277: Forfeiture

You could also call this:

"When police take alcohol from you for breaking the law, it can be kept by the government forever."

If you have alcohol that a police officer thinks you are going to drink in a way that breaks the law, they can take it away from you. The police officer can also take the container the alcohol is in. You might not get the alcohol back.

If you are found guilty of breaking the law related to the alcohol that was taken, the alcohol and its container belong to the government now. This is called forfeiture. The government takes the alcohol and its container.

If you are under 18 and the police take alcohol from you, and you get an infringement notice for drinking or having the alcohol in a public place, the alcohol is forfeit to the government if you pay the fine. The police can keep the alcohol and its container. You won't get them back.

If you are found not guilty of breaking the law related to the alcohol that was taken, you can get the alcohol back from the police station within 28 days. If you are under 18, your parent or guardian can collect the alcohol for you. If you don't collect the alcohol within 28 days, the police can get rid of it however they want.

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This page was last updated on 25 May 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3339799.

Topics:

Crime and justice > Police and safetyMoney and consumer rights > Gambling

276: Community Magistrates have jurisdiction in some cases, or

"Community Magistrates help with less serious alcohol law cases"

278: Notice of prosecution or conviction of managers and licensees, or

"Telling people in charge when a manager or licensee breaks the alcohol law"

Part 2Sale and supply of alcohol generally
Offences and closure of premises: Miscellaneous provisions

277Forfeiture

A constable may seize and remove any alcohol and the vessels containing it if there are reasonable grounds to suppose that the alcohol is intended for consumption in contravention of this Act.
On a person's being found guilty of an offence against this Act in respect of any alcohol seized, the alcohol and the vessels containing it are forfeit to the Crown.
Alcohol and the vessels containing it are forfeit to the Crown if—
it is seized by the Police from a minor who is issued with an infringement notice in respect of an offence against this Act alleged to have been committed by the minor's drinking it, or having it in his or her possession or control, in a public place; and
the infringement fee is later paid.

If a person is acquitted of an offence against this Act, alcohol seized under this section in relation to the offence—
may be collected from the relevant police station within 28 days of the acquittal by or on behalf of the person or, if the person is under the age of 18 years, by his or her parent or guardian; and
if not collected within that time, may be disposed of in any manner the Commissioner of Police directs.