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Hauraki Gulf / Tīkapa Moana Marine Protection Act 2025

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

70: Decision of court on application

You could also call this:

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

Illustration for Hauraki Gulf / Tīkapa Moana Marine Protection Act 2025

You can ask a court to help if something is forfeited. The court can make an order to help you if it thinks it is necessary to avoid something very unfair. The court's order can do things like let the Crown keep the property, or return it to you. You might have to pay some money to the Crown to get your property back. The court can also order the property to be sold and say how the money from the sale is shared. The court can give the property to someone who has an interest in it, and say who should get some money before it is given. The court's order can even reinstate an interest that was forfeited, which means you might get it back even though it was taken away. This can happen if you ask the court to make an order under section 69(3). The court will look at your situation and decide what to do.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS882876.

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Crime and justice > Courts and legal helpMoney and consumer rights > Consumer protection
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69: Matters to be considered and determined by court, or

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

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71: Other matters relating to forfeiture, or

"What happens to your property and money if it's taken away by the court"

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

70Decision of court on application

  1. The court may make an order or orders providing relief (in whole or in part) from the effect of forfeiture on any of the interests determined under section 69(3).

  2. However, the court may make an order under subsection (1) only if it is necessary to avoid manifest injustice.

  3. An order made under subsection (1) may, without limiting that subsection, order 1 or more of the following:

  4. the retention of the forfeited property by the Crown:
    1. the return of some or all of the forfeited property to the owner at the time of forfeiture, with or without the prior payment to the Crown of a sum of money:
      1. the sale of some or all of the forfeited property, with directions as to the manner of sale and dispersal of proceeds:
        1. the delivery of some or all of the forfeited property to a person with an interest in the property, with or without directions as to payment of a sum of money to specified persons (including the Crown) before that delivery:
          1. the reinstatement (despite the forfeiture) of any interest that was forfeited or cancelled as a result of a forfeiture.