Outer Space and High-altitude Activities Act 2017

Enforcement and other matters - Disposal orders, directions, and forfeiture orders for ground-based space infrastructure

83C: Forfeiture order

You could also call this:

"What happens if you don't follow the rules: the court can take something away from you"

Illustration for Outer Space and High-altitude Activities Act 2017

If you do not follow a disposal order made under section 83A, the District Court can take action. You might have been told to do something, like get rid of something, but you did not do it on time or in the right way. The District Court can then make a forfeiture order, which means something you own or have a right to might be taken away from you.

The court can give directions on what to do with the thing that is being taken away. The person applying to the court, like an enforcement officer, must follow the court's rules. If the court makes a forfeiture order, it can give the thing to the government, or tell the enforcement officer to get rid of it.

The enforcement officer must then follow the court's instructions on how to get rid of it and what to do with any money they get from it. If you are given a direction by the court, you must follow it within the time and in the manner specified. The enforcement officer or constable will pay you any money they get from disposing of the forfeited thing, after taking out any amount they have to pay to someone else.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1462197.


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Part 3Enforcement and other matters
Disposal orders, directions, and forfeiture orders for ground-based space infrastructure

83CForfeiture order

  1. This section applies if the District Court is satisfied that a person given a disposal order under section 83A (a disposal order recipient) has refused or failed to comply with it within the time, or in the manner, specified in the order.

  2. The District Court may, on the application of an enforcement officer or a constable,—

  3. make a forfeiture order in relation to the interest or right that is the subject of the disposal order; and
    1. give any direction that is necessary to give effect to the disposal order.
      1. The application must be made in accordance with the rules of the District Court for originating applications.

      2. A forfeiture order granted under this section may—

      3. vest the interest or right that is the subject of the disposal order in the Crown:
        1. require the enforcement officer or constable to dispose of all or part of the forfeited interest or right:
          1. specify the time within which, or the manner in which, that disposal must be made:
            1. specify any reasonable steps that must be taken in order to comply with the forfeiture order.
              1. If a forfeiture order requires the enforcement officer or constable to dispose of all or part of the forfeited interest or right, the enforcement officer or constable must pay any proceeds of the disposal (less any amount required by the order to be paid to a security holder or another person) to the disposal order recipient.

              2. A disposal order recipient who is given a direction under subsection (2)(b) must comply with it within the time, and in the manner, specified in the direction.

              Notes
              • Section 83C: inserted, on , by section 21 of the Outer Space and High-altitude Activities Amendment Act 2025 (2025 No 38).