Trade in Endangered Species Act 1989

28 Disposal and release of specimens seized from arrivals from overseas

(1)

Where any New Zealand citizen, person resident in New Zealand, or person intending to reside in New Zealand surrenders a specimen of an endangered, threatened, or exploited species under section 27(2), that specimen shall be forfeited to the Crown and shall be disposed of in accordance with section 42.

(2)

Any visitor to New Zealand who surrenders a specimen under section 27(2) may apply to the Director-General for the specimen to be returned to the visitor when the visitor leaves New Zealand.

(3)

Subject to subsection (4), the Director-General shall consider any application under subsection (2) as expeditiously as possible and the specimen shall be dealt with as follows:

(a)

if the Director-General grants the application, the Department shall take all reasonable steps to enable the applicant to take the specimen from the aerodrome or port at which the visitor surrendered the specimen, if and when the visitor leaves New Zealand:

(b)

if the Director-General declines the application, that specimen shall be forfeited to the Crown and shall be disposed of in accordance with section 42.

(4)

Any specimen that has been surrendered in accordance with this section shall not be released under subsection (2) or subsection (3)(a) to the person who had possession of it at the time of surrender, until that person has paid all costs and expenses incurred by the Crown in relation to the custody of the specimen, including any costs of transporting the specimen.

Section 28: substituted, on 12 August 1991, by section 3 of the Trade in Endangered Species Amendment Act 1991 (1991 No 100).

Section 28(1): amended, at 2 am on 29 November 2010, by section 406(1) of the Immigration Act 2009 (2009 No 51).