Fisheries Act 1996

Appointment and powers of fishery officers - Provisions relating to seized property

213: Protection of the Crown

You could also call this:

"The Crown is not liable for damage to seized items"

The Crown is not responsible if fish or other things seized under section 199 or 199A spoil or deteriorate. You will not be able to claim for any loss caused by the disposal of these things under section 212. If a fishery officer returns seized fish or seaweed to the water and it is later decided not to charge someone, the officer will not be liable.

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This page was last updated on 12 November 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM398633.

Topics:

Environment and resources > Farming and fishingCrime and justice > Police and safety

212: Chief executive may sell perishable seized property, or

"The chief executive can sell things that will rot or spoil that were taken away from someone."

214: Crown caveats preventing registration of transactions, or

"What happens to your fishing quota if you're accused of breaking the law"

Part 11Appointment and powers of fishery officers
Provisions relating to seized property

213Protection of the Crown

The Crown shall not be liable to any person for any spoilage or deterioration in the quality of any fish, aquatic life, seaweed, or other thing detained under section 199 or 199A, or seized under section 207, or for any loss caused by its disposal under section 212.
Notwithstanding any other provisions in this Part, a fishery officer who at the time of seizure returns to the water any fish, aquatic life, or seaweed seized under section 207 that he or she believes to be alive, shall not be under any civil or criminal liability to the person from whom the fish, aquatic life, or seaweed was seized, or to any other person, in the event of a decision being made not to file a charging document in respect of the fish, aquatic life, or seaweed or of the person being acquitted of the charge.

Compare

1983 No 14 s 80(8), (10)

Notes

Section 213(1): amended, on 18 April 2012, by section 251(3) of the Search and Surveillance Act 2012 (2012 No 24).
Section 213(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).