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Hauraki Gulf / Tīkapa Moana Marine Protection Act 2025

Permits, enforcement, and regulations for protected areas - Monitoring and enforcement - Forfeiture

69: Matters to be considered and determined by court

You could also call this:

"What the court thinks about when deciding what to do with seized property"

Illustration for Hauraki Gulf / Tīkapa Moana Marine Protection Act 2025

When you apply to the court about forfeited property, the court will hear all applications about the same property at the same time, unless it thinks this would not be fair. The court must consider certain things before making a decision about an application made under section 68. You need to know the court will look at the value of the property, your interest in it, and the costs to the department. The court will also think about the purpose of the Hauraki Gulf / Tīkapa Moana Marine Protection Act 2025 and how the offence affected the seafloor protection area or high protection area. The court will consider the type of offence, how often it happens, and its effects on the area and the people who use it. The court will look at the history of offending by the people involved and the social and economic effects on the owner of the property. The court will think about the economic benefits to the owner from committing the offence and the costs of the prosecution and disposing of the property. The court can also consider any other matters it thinks are relevant to the case. The court's decision will be based on all these factors.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS882875.

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Environment and resources > ConservationCrime and justice > Police and safetyCrime and justice > Courts and legal help
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68: Application for relief, or

"Apply to get back property that was taken away from you"

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70: Decision of court on application, or

"What happens when a court makes a decision about something that's been taken away"

Part 3Permits, enforcement, and regulations for protected areas
Monitoring and enforcement: Forfeiture

69Matters to be considered and determined by court

  1. The court must hear all applications in respect of the same property together, unless it considers that it would not be in the interests of justice to do so.

  2. Before making a decision in respect of an application made under section 68, the court must—

  3. determine the matters set out in subsection (3); and
    1. have regard to the matters set out in subsection (4).

      1. The court must determine—

      2. the value of the forfeited property, which is the amount that the property would realise if sold at public auction in New Zealand; and
        1. the nature, extent, and, if possible, value of the applicant’s interest in the property; and
          1. the cost to the department of—
            1. the prosecution of the offence or the pursuance of the infringement offence which resulted in the forfeiture; and
              1. the seizure and holding, and anticipated cost of disposal, of the forfeited property; and
                1. any court proceedings in respect of the seizure, holding, and disposal.

                2. The court must have regard to—

                3. the purpose of this Act; and
                  1. the effect of the offence from which the forfeiture arose on—
                    1. the seafloor protection area or high protection area; and
                      1. the people who use the seafloor protection area or high protection area; and
                      2. the type of offending from which the forfeiture arose, including—
                        1. the prevalence of the offending; and
                          1. the effect of the type of offending on the seafloor protection area or high protection area; and
                            1. the effect of the type of offending on the people who use the seafloor protection area or high protection area; and
                            2. any history of offending of the persons from whose convictions (if any) the forfeiture arose; and
                              1. the social and economic effects on the owner of the forfeited property, and their employees, of non-release of the forfeited property; and
                                1. any economic benefits, actual or potential, to the owner of the forfeited property through the commission of the offence; and
                                  1. the costs determined under subsection (3)(c); and
                                    1. any other matters the court considers relevant.