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Customs and Excise Act 2018

Entry and exit of goods, persons, and craft - Forfeiture, seizure, and condemnation - Condemnation

188: Goods forfeit on commission of offence

You could also call this:

"Goods can be taken away if used in a crime"

Illustration for Customs and Excise Act 2018

If you commit an offence with some goods, those goods can be taken away from you. This happens when the goods are involved in the offence or if they are taken under section 176(3) or (4). The goods will be taken away if they have not been given back to you or sold by the chief executive.

If you are found guilty of the offence, the court can decide to give the goods back to you when you are sentenced. The court can do this if it wants to, and it can also set some conditions. You will get the goods back if the court decides to do this.

If the court does not decide to give the goods back to you, they will belong to the Crown after you are found guilty. This means the Crown will keep the goods. The court's decision will depend on what it thinks is fair.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7039444.

Topics:
Crime and justice > Criminal lawCrime and justice > Police and safetyMoney and consumer rights > Consumer protection
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187: Condemnation of goods where relief granted but condition of relief not met within time limit, or

"What happens to seized goods if you don't meet relief conditions on time"

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189: Disposal of forfeited and condemned goods, or

"What happens to goods that the government takes or gets rid of"

Part 3Entry and exit of goods, persons, and craft
Forfeiture, seizure, and condemnation: Condemnation

188Goods forfeit on commission of offence

  1. This section applies if—

  2. goods are forfeit on the commission of any offence, being—
    1. goods in respect of which the offence was committed; or
      1. goods that are forfeited under section 176(3) or (4); and
      2. the goods have not been—
        1. restored to the person from whom they were seized; or
          1. sold or otherwise disposed of by the chief executive under this Act.

          2. If any person is convicted of the offence, the court may on sentencing, if it thinks fit (and subject to any conditions it thinks fit), order the forfeited goods be restored to the person from whom the goods were seized.

          3. If the court does not make an order under subsection (2), the goods are condemned to the Crown on the conviction of the person for the offence.

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