Reserves Act 1977

If you need more information about this Act, please contact the administering agency: Department of Conservation
95 Seizure and forfeiture of property

(1)

Any animal or bird or the nest or egg of any bird or the body of any animal or bird, or any part thereof, or anything specified in section 94(1)(f), or any boundary mark, sign, or poster, found in the possession of any person in a reserve may be seized by any officer as defined in section 93(5), if he or she has good cause to suspect that that person in obtaining possession thereof has committed an offence against this Act.

(2)

If no proceedings are taken in respect of that offence within 6 months after that seizure, or if in proceedings taken within that period the charge is dismissed, then, despite subpart 6 of Part 4 of the Search and Surveillance Act 2012,—

(a)

in any case where the property seized is protected wildlife or the nest or egg of any protected wildlife or the body of any protected wildlife, or any part thereof, it shall be dealt with pursuant to the Wildlife Act 1953:

(b)

in any case where the property seized is a protected New Zealand object, it shall be dealt with as follows:

(i)

where pursuant to the Protected Objects Act 1975 it is the property of the Crown, it shall be delivered to the Secretary for Internal Affairs or, with the consent of the Secretary for Internal Affairs, retained in the custody of the Director-General:

(ii)

in any other case, it shall be delivered to the person who is entitled to its custody pursuant to the Protected Objects Act 1975.

(c)
[Repealed]

(3)

Where in proceedings taken within that period in respect of that offence against the person from whom the property was seized the defendant is convicted, then—

(a)

in any case where that property is protected wildlife or the nest or egg of any protected wildlife or the body of any protected wildlife, or any part thereof, it shall be deemed to be forfeited to the Crown and shall be dealt with pursuant to the Wildlife Act 1953:

(b)

in any case where the property seized is a protected New Zealand object, it shall be dealt with as follows:

(i)

where pursuant to the Protected Objects Act 1975 it is the property of the Crown, it shall be delivered to the Secretary for Internal Affairs or, with the consent of the Secretary for Internal Affairs, retained in the custody of the Director-General:

(ii)

in any other case, it shall be delivered to the person who is entitled to its custody pursuant to the Protected Objects Act 1975:

(c)

in the case of any other property, it shall be deemed to be forfeited to the administering body, or to the Crown if there is no administering body, and shall be disposed of as the administering body or, if there is no administering body, the Commissioner, directs.

(3A)

Subsection (3) applies as if a person were convicted of an offence if an infringement notice is issued to the person or a charging document is filed against the person in relation to an infringement offence and any of the following occurs:

(a)

the infringement fee for the offence is paid:

(b)

a copy of a reminder notice in respect of the infringement offence is filed or a reminder notice is deemed to have been filed in a court under section 21 of the Summary Proceedings Act 1957, as the case requires, within 6 months after the time when the offence is alleged to have been committed:

(c)

the informant and the person enter into an arrangement under section 21(3A) of the Summary Proceedings Act 1957 allowing the person to pay the relevant infringement fee by instalments:

(d)

the person is found guilty, or admits the commission, of the infringement offence.

(4)

Where any person is convicted of an offence against this Act, the court may order that any animal or bird or the nest or egg of any bird or the body of any animal or bird, or any part thereof, taken by the defendant in the course of committing the offence and still in his or her possession or in the possession of any other person on his or her behalf shall—

(a)

in the case of any protected wildlife or the nest or egg of any protected wildlife or the body of any protected wildlife, or any part thereof, be forfeited to the Crown, and the property shall be deemed to be forfeited to the Crown accordingly and shall forthwith be delivered to the Director-General by the defendant or person holding it on his or her behalf, and shall be dealt with pursuant to the Wildlife Act 1953:

(b)

in the case of any other property, be forfeited to the administering body, or to the Crown if there is no administering body, and the property shall be deemed to be forfeited to the administering body or to the Crown, as the case may be, accordingly, and shall forthwith be delivered to the administering body, or, if there is no administering body, to the Commissioner, by the defendant or person holding it on his or her behalf, and shall be disposed of as the administering body or the Commissioner directs.

(5)

All buildings, signs, hoardings, or apparatus erected on any reserve without the consent in writing of the Minister or the administering body shall be deemed to be forfeited to the Crown or, as the case may be, the administering body, and shall be disposed of by the Commissioner or that body in such manner as he or she or it thinks fit.

(6)

Any firearm, trap, net, or other like object found illegally in the possession of any person in any reserve, and any tool or instrument or other equipment found in the possession of any person in any reserve and used in committing an offence in the reserve may be seized by any officer (within the meaning of section 93(5)).

(6AA)

A court may direct that an item seized under subsection (6) be forfeited to the Crown if—

(a)

proceedings for an offence are taken against the person from whom the item was seized within 6 months after the seizure and the court enters a conviction against the person; or

(b)

proceedings for an infringement offence are commenced against the person from whom the item was seized by filing a charging document within 6 months after the seizure and the person is found guilty, or admits the commission, of an infringement offence.

(6AB)

If proceedings are not commenced within 6 months after the seizure, or if the court does not direct that the item be forfeited to the Crown, the item must be returned to the person from whom it was seized.

(6A)

Subject to subsection (2), the provisions of Part 4 of the Search and Surveillance Act 2012 (except subpart 3) apply in respect of the seizure of any thing under this section.

(7)

The proceeds of the sale or disposal of anything sold or otherwise disposed of under this section shall, where it is sold or disposed of by the Commissioner, be paid into the Public Account to the credit of the Trust Account, and may be applied, as directed by the Minister, in purchasing, taking on lease, managing, administering, maintaining, protecting, improving, and developing reserves or as consideration for conservation covenants, and, where it is sold or disposed of by an administering body, shall form part of the funds of that body.

(8)

In this section the term protected wildlife means wildlife that pursuant to section 3 of the Wildlife Act 1953 is absolutely protected throughout New Zealand.

Compare: 1953 No 69 s 84(7)–(9)

Section 95(1): amended, on 1 October 2012, by section 299(3) of the Search and Surveillance Act 2012 (2012 No 24).

Section 95(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 95(2): amended, on 1 October 2012, by section 299(4)(a) of the Search and Surveillance Act 2012 (2012 No 24).

Section 95(2)(a): amended, on 1 April 1987, by section 65(1) of the Conservation Act 1987 (1987 No 65).

Section 95(2)(b): amended, on 1 November 2006, by section 35 of the Protected Objects Amendment Act 2006 (2006 No 37).

Section 95(2)(b)(i): amended, on 1 November 2006, by section 35 of the Protected Objects Amendment Act 2006 (2006 No 37).

Section 95(2)(b)(i): amended, on 1 April 1987, by section 65(1) of the Conservation Act 1987 (1987 No 65).

Section 95(2)(b)(ii): amended, on 1 November 2006, by section 35 of the Protected Objects Amendment Act 2006 (2006 No 37).

Section 95(2)(c): repealed, on 1 October 2012, by section 299(4)(b) of the Search and Surveillance Act 2012 (2012 No 24).

Section 95(3)(b): amended, on 1 November 2006, by section 35 of the Protected Objects Amendment Act 2006 (2006 No 37).

Section 95(3)(b)(i): amended, on 1 November 2006, by section 35 of the Protected Objects Amendment Act 2006 (2006 No 37).

Section 95(3)(b)(i): amended, on 1 April 1987, by section 65(1) of the Conservation Act 1987 (1987 No 65).

Section 95(3)(b)(ii): amended, on 1 November 2006, by section 35 of the Protected Objects Amendment Act 2006 (2006 No 37).

Section 95(3A): inserted, on 21 December 2018, by section 39(1) of the Conservation (Infringement System) Act 2018 (2018 No 61).

Section 95(4)(a): amended, on 1 April 1987, by section 65(1) of the Conservation Act 1987 (1987 No 65).

Section 95(6): replaced, on 1 October 2012, by section 299(5) of the Search and Surveillance Act 2012 (2012 No 24).

Section 95(6AA): inserted, on 21 December 2018, by section 39(2) of the Conservation (Infringement System) Act 2018 (2018 No 61).

Section 95(6AB): inserted, on 21 December 2018, by section 39(2) of the Conservation (Infringement System) Act 2018 (2018 No 61).

Section 95(6A): inserted, on 1 October 2012, by section 299(5) of the Search and Surveillance Act 2012 (2012 No 24).