New Zealand Legislation: Acts
Acts are laws made by Parliament
(1) On conviction of any person for any offence against section 18I(1) of this Act—
(a) Any property used in respect of the commission of the offence, including any vessel or vehicle or other conveyance (whether or not the property was seized under section 18A of this Act); and
(b) Any marine life in respect of which the offence was committed (whether or not seized under section 18A of this Act); and
(c) Any proceeds from the sale of such marine life under section 18A(2) of this Act—
may, on the order of the Court, be forfeit to the Crown if the Court thinks fit to so order.
(2) On conviction of any person for any offence against section 18I of this Act other than an offence against subsection (1) of that section,—
(a) Any property used in respect of the commission of the offence other than any vessel or vehicle or other conveyance (whether or not the property was seized under section 18A of this Act); and
(b) Any marine life in respect of which the offence was committed (whether or not seized under section 18A of this Act); and
(c) Any proceeds from the sale of such marine life under section 18A(2) of this Act—
may, on the order of the Court, be forfeit to the Crown if the Court thinks fit to so order.
(3) No person may be discharged without conviction in respect of any offence against section 18I unless the Court for special reasons relating to the offence thinks fit to order that the property, marine life, or proceeds not be forfeit.
(4) If any property is forfeit to the Crown under this section, the property shall thereupon vest in the Crown absolutely and free of all encumbrances.
(5) Before disposing of any seized property under this Act, the Director-General shall give the owner notice of the Crown's intention to dispose of the property and if, as at the expiration of 90 days commencing on the date of that notice, the owner has not lodged an appeal against the intended disposal, the Director-General may then dispose of the property; but, if the seized property is perishable, the Director-General may dispose of the property at any time during that 90-day period and hold the proceeds until the expiration of that period.
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).
Subsection (1) was amended, as from 30 June 2002, by section 186 Sentencing Act 2002 (2002 No 9) by omitting the words “or on the discharge of any person under section 19 of the Criminal Justice Act 1985 in respect of any such offence”
. See sections 148 to 160 of that Act for the transitional and savings provisions. See clause 2 Sentencing Act Commencement Order 2002 (SR 2002/176).
Subsection (2) was amended, as from 30 June 2002, by section 186 Sentencing Act 2002 (2002 No 9) by omitting the words “or on the discharge of any person under section 19 of the Criminal Justice Act 1985 in respect of any such offence,”
. See sections 148 to 160 of that Act for the transitional and savings provisions. See clause 2 Sentencing Act Commencement Order 2002 (SR 2002/176).
Subsection (3) was substituted, as from 30 June 2002, by section 186 Sentencing Act 2002 (2002 No 9) See sections 148 to 160 of that Act for the transitional and savings provisions. See clause 2 Sentencing Act Commencement Order 2002 (SR 2002/176).