New Zealand Legislation: Acts

18A Powers of seizure

• (1) A ranger may seize—

  • (a) Any vessel or vehicle or other conveyance which he or she believes on reasonable grounds is being or has been used or is intended to be used in the commission of an offence against subsection (1) or subsection (3)(d) of section 18I of this Act that involves the taking of marine life:

  • (b) Any fishing gear, implement, appliance, material, container, goods, equipment, or thing which he or she believes on reasonable grounds is being or has been used or is intended to be used in the commission of an offence against this Act or any regulations made under this Act:

  • (c) Any marine life which he or she believes on reasonable grounds are being or have been taken, transported, bought, sold, or found in the possession of any person, in contravention of this Act or any regulations made under this Act; or any other marine life with which such marine life has been intermixed:

  • (d) Any article, record, document, or thing which he or she believes on reasonable grounds is evidence of the commission of an offence against this Act or any regulations made under this Act:

  • (e) All nets, traps, firearms, ammunition, explosives, engines, instruments, appliances, equipment, or devices that he or she believes on reasonable grounds are being used or are intended to be used or have been used in breach of this Act or any regulations made under this Act:

  • (f) Any bag, container, or other article that he or she believes on reasonable grounds is being used for the purpose of carrying any marine life or any part of any marine life, or any sand, stones, gravel, or other material illegally taken or had in possession or that he or she believes on reasonable grounds is being so used.

  (2) Any marine life seized by a ranger shall, if alive and likely to survive, be returned to the reserve, or, if survival is unlikely, shall be disposed of—

  • (a) In such manner and for such price as the Director-General may determine in any specific instance; or

  • (b) According to any regulations made under this Act, if disposal is provided for by such regulations.

  (3) The decision whether or not to lay any information or charge in respect of an alleged offence for which any property is seized under this Act shall be made as soon as reasonably practicable after the property is seized, taken possession of, or detained.

  (4) A ranger who, acting under subsection (2) of this section, at the time of seizure returns to the reserve any marine life that he or she believes to be alive, shall not be under any civil or criminal liability to the person from whom the marine life was seized in the event of a decision being made not to lay an information or charge in respect of the marine life, or of the person being acquitted of the charge.

  Sections 18A to 18J were inserted, as from 1 October 1996, by section 316(1) Fisheries Act 1996 (1996 No 88). See clause 2 Fisheries Act Commencement Order (No 2) 1996 (SR 1996/255).