Plain language law

New Zealand law explained for everyone

National Parks Act 1980

Offences

61: Seizure and forfeiture of property

You could also call this:

"Taking away and keeping things when you break park rules"

If a ranger thinks you have broken the rules in a national park, they can take away things you have with you. If you're not charged with breaking the rules within 6 months, or if you're found not guilty, you will usually get your things back.

If the item taken is protected wildlife or a protected New Zealand object, it will be handled according to special laws. If you're found guilty of breaking the rules, some items might be kept by the government.

Things like chainsaws, guns, traps, or nets found with someone who shouldn't have them in the park can be taken away. If you're found guilty of using these items to break the rules, the government might keep them.

Any buildings, signs, fences, or other structures put up in the park without permission will belong to the government.

If your things are kept by the government, they might be returned to the park, sold, or dealt with in another way. Any money from selling these items will be used for the park.

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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=DLM38288.

Topics:
Environment and resources > ConservationCrime and justice > Police and safety
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Part 7Offences

61Seizure and forfeiture of property

  1. Any ranger may seize any item found in the possession of any person in a park, if he has reasonable cause to believe that that person, in obtaining possession of the item, committed an offence against this Act.

  2. Repealed

  3. If, in any case to which paragraph (a) or (b) applies, no proceedings are taken in respect of that offence within 6 months after that seizure, or in proceedings taken within that period the charge is dismissed, then, despite subpart 6 of Part 4 of the Search and Surveillance Act 2012,—

  4. in any case where the item seized is protected wildlife or the nest or egg of any protected wildlife or the body of any protected wildlife, or any part thereof, it shall be dealt with under the Wildlife Act 1953:
    1. in any case where the item seized is a protected New Zealand object, it shall be dealt with as follows:
      1. where, under the Protected Objects Act 1975, it is the property of the Crown, it shall be delivered to the Secretary for Internal Affairs or, with his consent, kept in the custody of the Director-General:
        1. in any other case, it shall be delivered to the person who is entitled to its custody under the Protected Objects Act 1975.

          1. Where in proceedings taken within that period in respect of that offence against the person from whom the property was seized, the defendant is convicted of the offence in respect of which the property was seized, then—

          2. in any case where that property is protected wildlife or the nest or egg of any protected wildlife or the body of any protected wildlife, or any part thereof, it shall be forfeited to the Crown and shall be dealt with under the Wildlife Act 1953:
            1. in any case where the item seized is a protected New Zealand object, it shall be dealt with as follows:
              1. where, under the Protected Objects Act 1975, it is the property of the Crown, it shall be delivered to the Secretary for Internal Affairs or, with his consent, kept in the custody of the Director-General:
                1. in any other case, it shall be delivered to the person who is entitled to its custody under the Protected Objects Act 1975:
                2. in the case of any other item, it shall be forfeited to the Crown.

                  1. Subsection (4) applies as if a person were convicted of an offence if an infringement notice is issued to the person or a charging document is filed against the person in relation to an infringement offence and any of the following occurs:

                  2. 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.

                          1. All buildings, signs, hoardings, fences, or apparatus erected in any park without the written consent of the Minister shall be forfeited to the Crown.

                          2. Any chainsaw, firearm, trap, net, or other like item found in the unlawful possession of any person in any park, and any item found in the possession of any person in any park and used in committing an offence in the park, may be seized by any ranger.

                          3. Subject to subsection (3), the provisions of Part 4 of the Search and Surveillance Act 2012 (except subpart 3) apply.

                          4. A court may direct that an item seized under subsection (6) be forfeited to the Crown if—

                          5. proceedings for an offence are taken against the person from whom the item was seized within 6 months after the seizure and the court enters a conviction against the person; or
                            1. proceedings for an infringement offence are commenced against the person from whom the item was seized by filing a charging document within 6 months after the seizure and the person is found guilty, or admits the commission, of an infringement offence.

                              1. If proceedings are not commenced within 6 months after the seizure, or if the court does not direct that the item be forfeited to the Crown, the item must be returned to the person from whom it was seized.

                              2. Every item that is forfeited to the Crown under this section shall be returned to the park or sold or otherwise disposed of in such manner as the Minister directs.

                              3. The proceeds of the sale or disposal of anything sold or otherwise disposed of under this section shall be dealt with under section 57 as if it were money received under this Act.

                              Compare
                              • 1952 No 54 s 54(8)
                              Notes
                              • Section 61(2): repealed, on , by section 285(2) of the Search and Surveillance Act 2012 (2012 No 24).
                              • Section 61(3): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
                              • Section 61(3): amended, on , by section 285(3)(a) of the Search and Surveillance Act 2012 (2012 No 24).
                              • Section 61(3): amended, on , by section 285(3)(b) of the Search and Surveillance Act 2012 (2012 No 24).
                              • Section 61(3): amended, on , by section 285(3)(c) of the Search and Surveillance Act 2012 (2012 No 24).
                              • Section 61(3)(a): amended, on , by section 65(1) of the Conservation Act 1987 (1987 No 65).
                              • Section 61(3)(b): amended, on , by section 35 of the Protected Objects Amendment Act 2006 (2006 No 37).
                              • Section 61(3)(b)(i): amended, on , by section 35 of the Protected Objects Amendment Act 2006 (2006 No 37).
                              • Section 61(3)(b)(ii): amended, on , by section 35 of the Protected Objects Amendment Act 2006 (2006 No 37).
                              • Section 61(3)(c): repealed, on , by section 285(3)(d) of the Search and Surveillance Act 2012 (2012 No 24).
                              • Section 61(4)(b): amended, on , by section 35 of the Protected Objects Amendment Act 2006 (2006 No 37).
                              • Section 61(4)(b)(i): amended, on , by section 35 of the Protected Objects Amendment Act 2006 (2006 No 37).
                              • Section 61(4)(b)(ii): amended, on , by section 35 of the Protected Objects Amendment Act 2006 (2006 No 37).
                              • Section 61(4A): inserted, on , by section 30(1) of the Conservation (Infringement System) Act 2018 (2018 No 61).
                              • Section 61(6): amended, on , by section 285(4) of the Search and Surveillance Act 2012 (2012 No 24).
                              • Section 61(7): replaced, on , by section 285(5) of the Search and Surveillance Act 2012 (2012 No 24).
                              • Section 61(8): replaced, on , by section 30(2) of the Conservation (Infringement System) Act 2018 (2018 No 61).
                              • Section 61(8A): inserted, on , by section 30(2) of the Conservation (Infringement System) Act 2018 (2018 No 61).