70 Forfeitures
  • (1) Any animal or any part of any animal or any egg or nest of any animal that has been unlawfully caught or killed or taken or unlawfully had in possession is hereby declared to be forfeited to Her Majesty.

    (2) It shall be the duty of every ranger or constable or other authorised person who has seized or otherwise obtained possession of any such animal or part of any animal or egg or nest of any such animal to forward immediate notification thereof to the Director-General (or, in the case of any such animal or part of any animal or egg or nest seized by a fish and game ranger, to the Director), who, on the conviction of any person for unlawfully catching, hunting, killing, or taking the same or having the same in his possession, or, if no such person can be traced within 6 months after the seizure or taking possession, shall, in order to give effect to the forfeiture as aforesaid, give such orders as he thinks fit for the disposal of the thing seized, and those orders shall immediately on receipt thereof be carried out by the person to whom they are given.

    (3) In the case of all other property lawfully seized or taken into possession under this Act, the property shall be retained by the Director-General or the Director, as the case may be, pending the trial of any person for the offence in respect of which the property was seized or taken into possession. If no such person can be traced within 6 months after the seizure or taking into possession, the property shall be deemed to be forfeited to the Crown, and shall be disposed of as the Director-General or the Director, as the case may be, directs. Where proceedings are taken against any person in respect of the offence, the property seized or taken into possession shall, when the proceedings are completed, be returned to the person last in possession of the property, unless the court, where it enters a conviction, directs that the property or any part of it be forfeited to the Crown, in which case the property or part thereof, as the case may be, shall be deemed to be forfeited to the Crown accordingly, and shall be disposed of as the Director-General or the Director, as the case may be, directs.

    (4) Notwithstanding anything in the Public Finance Act 1977, the power conferred on the Director-General or the Director by subsection (3) to direct the disposal of any property forfeited to the Crown under that subsection shall, in any case where the prosecution was commenced by an officer of a Fish and Game Council, include power to dispose of the property to that Council, without consideration, for the purposes of sale; and the property shall be sold by the Council and the proceeds of sale shall be paid into its funds and applied for the purposes of the Council.

    Compare: 1921–22 No 57 s 43(1)(z)

    Section 70(2): amended, on 25 November 1994, by section 8(a) of the Wildlife Amendment Act 1994 (1994 No 109).

    Section 70(2): amended, on 1 April 1987, by section 65(1) of the Conservation Act 1987 (1987 No 65).

    Section 70(2): amended, on 21 October 1959, by section 12 of the Wildlife Amendment Act 1959 (1959 No 49).

    Section 70(3): amended, on 25 November 1994, by section 8(b) of the Wildlife Amendment Act 1994 (1994 No 109).

    Section 70(3): amended, on 1 April 1987, by section 65(1) of the Conservation Act 1987 (1987 No 65).

    Section 70(3): amended, on 21 October 1959, by section 12 of the Wildlife Amendment Act 1959 (1959 No 49).

    Section 70(4): inserted, on 8 December 1971, by section 3 of the Wildlife Amendment Act 1971 (1971 No 140).

    Section 70(4): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

    Section 70(4): amended, on 25 November 1994, by section 8(c) of the Wildlife Amendment Act 1994 (1994 No 109).

    Section 70(4): amended, on 10 April 1990, by section 85(a) of the Conservation Law Reform Act 1990 (1990 No 31).

    Section 70(4): amended, on 10 April 1990, by section 85(b) of the Conservation Law Reform Act 1990 (1990 No 31).

    Section 70(4): amended, on 1 April 1987, by section 65(1) of the Conservation Act 1987 (1987 No 65).

    Section 70(4): amended, on 1 April 1978, pursuant to section 163(1) of the Public Finance Act 1977 (1977 No 65).