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Summary Offences Act 1981

Search, arrest, and jurisdiction

45: Seizure and forfeiture of alcohol

You could also call this:

"Police can take away alcohol if you might drink it illegally"

Illustration for Summary Offences Act 1981

If you have alcohol that a police officer thinks you will drink illegally, they can take it away. They can also take the container it is in. This can happen if the officer believes you will drink it in a way that breaks the rules in section 38. If you are found guilty of breaking the rules in section 38, the alcohol and its container will belong to the government. This means the government gets to keep them. If a person under 18 is given a notice for breaking the rules in section 38(3) and they pay the fine, the alcohol and its container will also belong to the government. If you are found not guilty of breaking the rules in section 38, you can get your alcohol back from the police station within 28 days. If you are under 18, your parent or guardian can get it back for you. If you do not get it back within 28 days, the police can get rid of it however they want.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM53738.

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45Seizure and forfeiture of alcohol

  1. A constable who believes on reasonable grounds that any intoxicating liquor is intended for consumption in contravention of section 38 may seize and remove it and the vessels containing it.

  2. On a person's being found guilty of an offence against section 38 in respect of any intoxicating liquor seized, the intoxicating liquor and the vessels containing it are forfeit to the Crown.

  3. Intoxicating liquor and the vessels containing it are forfeit to the Crown if—

  4. it is seized by the Police from a person under the age of 18 years who is issued with an infringement notice in respect of an offence against section 38(3) alleged to have been committed by the young person's drinking it, or having it in his or her possession or control, in a public place; and
    1. the infringement fee is later paid.

      1. If a person is acquitted of an offence against section 38, intoxicating liquor seized under that section in relation to the offence—

      2. 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
        1. if not collected within that time, may be disposed of in any manner the Commissioner of Police directs.

          Notes
          • Section 45: replaced, on , by section 6 of the Summary Offences (Alcohol Reform) Amendment Act 2012 (2012 No 122).