Trade in Endangered Species Act 1989

1: Short Title and commencement
1: This Act may be cited as the Trade in Endangered Species Act 1989.
2: This Act shall come into force on 1 June 1989.
2: Object of Act
The object of this Act is to enable New Zealand to fulfil its obligations under the Convention on International Trade in Endangered Species of Wild Fauna and Flora and to promote the management, conservation, and protection of endangered, threatened, and exploited species to further enhance the survival of those species.
3: Interpretation
1: In this Act, unless the context otherwise requires,— aerodrome aircraft animal border infringement offence Convention cruel treatment Department Director-General dwellinghouse endangered species Schedule 1 exploited species Schedule 3 export import infringement fee infringement offence
a: an offence in section 50A
b: an offence against regulations made under this Act that is declared by regulations to be an infringement offence introduce from the sea management authority
a: in relation to New Zealand, the Director-General; and
b: in relation to any other country, the management authority appointed by that country for the purposes of the Convention Minister officer section 35 personal or household effect plant port re-export scientific authority section 7 ship species specimen
a: any animal or plant, whether alive or dead; or
b: any recognisable part or derivative thereof threatened species Schedule 2 trade vehicle
2: Every specimen of an endangered species,—
a: in the case of an animal, bred in captivity; or
b: in the case of a plant, artificially propagated— shall, for the purposes of this Act, be deemed a specimen of a threatened species.
3: Any reference to the appropriate management or scientific authority shall mean the management or scientific authority determined by the Director-General to have statutory responsibility for or the scientific competence to comment on the species under consideration.
4: Any reference to the relevant authority of a country shall be read as a reference,—
a: where the country is a party to the Convention, to the appropriate management authority of that country; or
b: where the country is not a party to the Convention, to the competent authorities of that country within the meaning of Article X of the Convention.
5: For the avoidance of doubt, it is declared that sections 17 to 20 Section 3(1) border infringement offence inserted 21 December 2018 section 44 Conservation (Infringement System) Act 2018 Section 3(1) infringement fee inserted 21 December 2018 section 44 Conservation (Infringement System) Act 2018 Section 3(1) infringement offence inserted 21 December 2018 section 44 Conservation (Infringement System) Act 2018 Section 3(5) added 14 May 1998 section 2 Trade in Endangered Species Amendment Act 1998
4: Act to bind the Crown
This Act shall bind the Crown.
5: No derogation from other enactments
The provisions of this Act are in addition to and not in substitution for the provisions of any other Acts in relation to the export or import of, or trade in, any goods, and do not affect the exercise of any power in those Acts in relation to any item of goods. Administration
6: Administration of Act
Subject to the control of the Minister, the Director-General shall be responsible for the general administration of this Act.
7: Scientific authorities
1: For the purposes of this Act the Minister shall appoint a committee, to be known as the Scientific Authorities Committee, which shall consist of representatives of—
a: the Department of Conservation:
b: such Crown Research Institute (within the meaning of the Crown Research Institutes Act 1992
c: the Ministry of Agriculture and Forestry:
d: the Ministry of Fisheries or the National Institute of Water and Atmospheric Research, or both, as the Minister determines:
e: such other person or body that the Minister determines,— and shall be a scientific authority for the purposes of this Act.
2: The Scientific Authorities Committee may co-opt additional members and may delegate its function as a scientific authority to any subcommittee consisting of 1 or more members of the Committee, including co-opted members.
3: Subject to this Act, the Committee may regulate its procedure in such manner as it thinks fit. Section 7(1)﻿(b) substituted 1 July 1992 section 46(1) Crown Research Institutes Act 1992 Section 7(1)﻿(c) substituted 7 May 1999 section 2 Trade in Endangered Species Amendment Act 1999 Section 7(1)﻿(d) substituted 7 May 1999 section 2 Trade in Endangered Species Amendment Act 1999 Section 7(1)﻿(e) substituted 7 May 1999 section 2 Trade in Endangered Species Amendment Act 1999
8: Minister's general powers
In addition to any other powers in this Act, the Minister shall have the following powers:
a: to conduct research and investigations into and surveys of species in New Zealand—
i: that are, or are likely to become, threatened with extinction; or
ii: the existence of which is likely to be affected,— by trade in specimens of those species:
b: to disseminate information relating to the import and export of endangered, threatened, and exploited species.
1: Trade in endangered, threatened, and exploited species
9: Trade in endangered, threatened, or exploited species
Subject to Part 2
10: Application for permit or certificate
1: Every person who proposes to trade in any specimen of an endangered, threatened, or exploited species shall apply in writing to the Director-General for the appropriate permit or certificate that, if granted, would authorise that trade.
2: Every application shall specify—
a: the full name and address of the applicant:
b: the type of trade to which the application relates:
c: the species and the number of specimens of that species to be traded:
d: the country to or from which the specimens are to be conveyed.
3: Except as the Director-General may decide, a separate application shall be required for each consignment of specimens of an endangered, threatened, or exploited species.
4: No person shall make an application under this section to trade in any specimen of an endangered, threatened, or exploited species where trade in that specimen is subject to controls under any other Act or regulations, unless authorisation in respect of such trade has first been obtained under that Act or those regulations.
5: Every applicant for a permit or certificate shall furnish to the Director-General, in addition to the particulars required under subsection (2), such further information as the Director-General may require.
5A: Without limiting the generality of subsection (5), every applicant to whom that subsection applies must include, with every application for the export or re-export of a specimen in respect of which application the Director-General has required any analysis to be carried out pursuant to section 43A
6: Every applicant for a permit or certificate shall pay the prescribed fee. Section 10(5A) inserted 14 May 1998 section 3 Trade in Endangered Species Amendment Act 1998
11: Grant of permits and certificates
1: Every permit or certificate granted under sections 13 to 24
2: The Director-General may, at the Director-General's discretion, having regard to sections 13 to 24
a: grant such permit or certificate in respect of all or any of the specimens included in any application; or
b: decline to grant any such application.
3: Where the Director-General is of the opinion that a permit or certificate should be declined or should be issued subject to conditions, the Director-General shall inform the applicant accordingly, giving the grounds on which the opinion is based, and invite the applicant to make submissions on the matter before the application is formally dealt with.
4: The Director-General may grant a permit or certificate either unconditionally or subject to such conditions as the Director-General may specify.
5: Every such permit or certificate shall be in the form issued by the Department.
6: Every such permit or certificate may be revoked or varied at any time by the Director-General in any case where the Director-General is satisfied that the conditions in the permit or certificate have not been complied with, or can only be met by varying the terms of the permit or certificate.
7: Any person granted a permit or certificate may at any time surrender it by forwarding a written note to that effect, together with the permit or certificate, to the Director-General.
12: Appeals to District Court on question of law
1: Any applicant for a permit or certificate who is dissatisfied with any decision of the Director-General under section 11
2: Every appeal under this section shall be heard and determined in accordance with rules of court and this section.
3: The court shall, as soon as practicable, hear the appeal, and may confirm, reverse, or modify the decision of the Director-General, or may refer the matter back to the Director-General in accordance with rules of court, and may give any decision that the Director-General could have given in respect of the matter.
4: Nothing in this section shall give the court power to review any part of the Director-General's decision other than the part against which the appellant has appealed.
5: Subject to any order of the court, every decision of the Director-General against which an appeal is lodged shall continue in force and have effect according to its tenor pending the determination of the appeal.
6: On any appeal under this section, the court may make an order for the payment by the Director-General, or by the appellant, of the costs incurred in respect of the appeal by the other party to the appeal. Authority to trade in endangered species
13: Permit to export endangered species
The Director-General may, after consultation with the appropriate other management authorities and scientific authorities, grant a permit to export any specimen of an endangered species to an applicant, if those authorities are satisfied that—
a: the export of that specimen is not detrimental to the survival of that species; and
b: that specimen was not obtained in contravention of any Act; and
c: that specimen is to be prepared and shipped so that the risk of—
i: injury to the specimen; and
ii: adverse effect on the health of the specimen; and
iii: in the case of an animal, cruel treatment of the specimen,— is minimised; and
d: permission to import that specimen has been granted by the relevant authority of the country of import.
14: Permit to import endangered species
The Director-General may, after consultation with the appropriate other management authorities and scientific authorities, grant a permit to import any specimen of an endangered species to an applicant, if those authorities are satisfied that—
a: the import of that specimen is for purposes that are not detrimental to the survival of that species; and
b: the proposed recipient of that specimen is suitably equipped to house and care for it; and
c: that specimen is not to be used primarily for commercial purposes; and
d: permission to export or re-export that specimen will be Section 14(d) amended 14 May 1998 section 4 Trade in Endangered Species Amendment Act 1998
15: Certificate to re-export endangered species
The Director-General may, after consultation with the appropriate other management authorities grant a certificate to re-export any specimen of an endangered species to an applicant, if those authorities are satisfied that,—
a: in the case of that specimen being imported—
i: before the commencement of this Act, that specimen was not imported in contravention of any Act; or
ii: after the commencement of this Act, that specimen was imported in accordance with this Act; and
b: that specimen is to be prepared and shipped so that the risk of—
i: injury to the specimen; and
ii: adverse effect on the health of the specimen; and
iii: in the case of an animal, cruel treatment of the specimen— is minimised; and
c: permission to import that specimen has been granted by the relevant authority of the country of import.
16: Certificate to introduce from the sea endangered species
The Director-General may, after consultation with the appropriate other management authorities and scientific authorities, grant a certificate to introduce into New Zealand from the sea any specimen of an endangered species to an applicant, if those authorities are satisfied that—
a: the introduction of that specimen is not detrimental to the survival of that species; and
b: that specimen is to be handled so that the risk of—
i: injury to the specimen; and
ii: adverse effect on the health of the specimen; and
iii: in the case of an animal, cruel treatment of the specimen,— is minimised; and
c: the proposed recipient of that specimen is suitably equipped to house and care for it; and
d: that specimen is not to be used primarily for commercial purposes; and
e: that specimen was not obtained in contravention of any Act. Authority to trade in threatened species
17: Permit to export threatened species
The Director-General may, after consultation with the appropriate other management authorities and scientific authorities, grant a permit to export any specimen of a threatened species to an applicant, if those authorities are satisfied that—
a: the export of that specimen is not detrimental to the survival of that species; and
b: that specimen was not obtained in contravention of any Act; and
c: that specimen will be prepared and shipped so that the risk of—
i: injury to the specimen; and
ii: adverse effect on the health of the specimen; and
iii: in the case of an animal, cruel treatment of the specimen,— is minimised.
18: Permit to import threatened species
Any person who proposes to import any specimen of a threatened species must present, before or at the time of import of the specimen, a permit to export or a certificate to re-export issued by the relevant authority of the country of export or re-export. Section 18 substituted 14 May 1998 section 5 Trade in Endangered Species Amendment Act 1998
19: Certificate to re-export threatened species
The Director-General may, after consultation with the appropriate other management authorities and scientific authorities, grant a certificate to re-export any specimen of a threatened species to an applicant, if those authorities are satisfied that,—
a: in the case of that specimen being imported,—
i: before the commencement of this Act, that specimen was not imported in contravention of any Act; or
ii: after the commencement of this Act, that specimen was imported in accordance with this Act; and
b: that specimen will be prepared and shipped so that the risk of—
i: injury to the specimen; and
ii: adverse effect on the health of the specimen; and
iii: in the case of an animal, cruel treatment of the specimen,— is minimised.
20: Certificate to introduce from the sea threatened species
The Director-General may, after consultation with the appropriate other management authorities and scientific authorities, grant a certificate to introduce from the sea any specimen of a threatened species to an applicant, if those authorities are satisfied that—
a: the introduction of that specimen is not detrimental to the survival of that species; and
b: that specimen is to be handled so that the risk of—
i: injury to the specimen; and
ii: adverse effect on the health of the specimen; and
iii: in the case of an animal, cruel treatment of the specimen,— is minimised; and
c: that specimen was not obtained in contravention of any Act. Authority to trade in exploited species
21: Permit to export exploited species
1: Where an application relates to any exploited species specified in any Order in Council made pursuant to subsection (2), the Director-General may, after consultation with the appropriate other management authorities and scientific authorities, grant a permit to export any specimen of that exploited species to the applicant, if those authorities are satisfied that—
a: that specimen was not obtained in contravention of any Act; and
b: that specimen is to be prepared and shipped so that the risk of—
i: injury to the specimen; and
ii: adverse effect on the health of the specimen; and
iii: in the case of an animal, cruel treatment of the specimen— is minimised.
2: The Governor-General may, from time to time, by Order in Council, specify any exploited species that have been included in Appendix III of the Convention at the request of the New Zealand Government.
3: In the case of any exploited species to which subsection (1) does not apply, the Director-General may, after consultation with the appropriate management and scientific authorities, grant a certificate of origin in respect of any specimen of that exploited species to an applicant.
4: An order under subsection (2) is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 21(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
22: Permit to import exploited species
Any person who proposes to import any specimen of an exploited species must present, before or at the time of import of the specimen, a permit to export or a certificate to re-export issued by the relevant authority of the country of export or re-export. Section 22 substituted 14 May 1998 section 6 Trade in Endangered Species Amendment Act 1998
23: Certificate to re-export exploited species
The Director-General may, after consultation with the appropriate other management authorities and scientific authorities, grant a certificate to re-export any specimen of an exploited species to an applicant.
24: Certificate to introduce from the sea exploited species
The Director-General may, after consultation with the appropriate other management authorities and scientific authorities, grant a certificate to introduce from the sea any specimen of an exploited species to an applicant. Permits and certificates
25: Effect of permits and certificates
1: Except as the Director-General may determine, a permit or certificate shall authorise the holder to undertake on 1 occasion the type of trade to which the permit or certificate relates in only the specimen or specimens of endangered, threatened, or exploited species specified in that permit or certificate.
2: Every permit or certificate granted under any of sections 13 to 24
3: Notwithstanding subsection (2), every permit or certificate shall remain in force for a period of 6 months, or such lesser period as may be specified, unless it is sooner revoked or surrendered.
4: A permit or certificate shall be personal to the holder, and shall not be transferable to or vest by operation of law in any person other than the holder.
26: Permit or certificate to be produced
For the purposes of this Act, where the holder of a permit or certificate undertakes the trade in accordance with that permit or certificate, the holder shall—
a: before, in the case of exporting or re-exporting; or
b: before or at the time of importation or introduction, in the case of importing or introducing from the sea— produce the permit or certificate, or cause the permit or certificate to be produced, to an Endangered Species Officer, being an officer of Customs or, if no officer of Customs is available, to any other Endangered Species Officer.
27: Control of arrivals from overseas
1: Every person Customs officer Part 2
2: Subject to section 30 Part 2
a: surrender the specimen to an officer; and
b: state to the officer his or her full name; and
c: in the case of—
i: New Zealand citizens and permanent residents, state his or her address:
ii: visitors to this country, state an address at which he or she may be contacted and his or her permanent address outside New Zealand— where that person has voluntarily disclosed the presence of the specimen to the officer as soon as practicable after the specimen arrives in New Zealand, for the purposes of this Act, he or she shall be taken not to have imported that specimen.
3: Any specimen surrendered to an officer under subsection (2) shall be conveyed to any institution or place considered by the Director-General appropriate for the holding of that specimen.
4: If any specimen surrendered to an officer under subsection (2) is subsequently ascertained not to be a specimen of an endangered, threatened, or exploited species, it shall be released to the person who surrendered the specimen. Section 27(1) amended 1 October 1996 section 289(1) Customs and Excise Act 1996 Section 27(1) amended 12 August 1991 Trade in Endangered Species Amendment Act 1991
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 section 27(2) section 42
2: Any visitor to New Zealand who surrenders a specimen under section 27(2)
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 12 August 1991 Trade in Endangered Species Amendment Act 1991 Section 28(1) amended 29 November 2010 section 406(1) Immigration Act 2009
2: Exemptions
29: Certificate of acquisition
1: Every person seeking to export or re-export a specimen of an endangered, threatened, or exploited species that was legally acquired before the provisions of this Act applied to that specimen shall apply in writing to the Director-General for a certificate of acquisition.
2: The Director-General may, after (if necessary) consultation with the appropriate other management authority, issue a certificate of acquisition to any applicant if the management authority is satisfied that the specimen to which the application relates was legally acquired before the provisions of this Act applied to that specimen.
3: Part 1
4: Notwithstanding subsection (3), sections 9 10 25
30: Endangered species as personal or household effects
1: Except as provided in subsection (2), Part 1
2: Part 1
a: the specimen is of an endangered or threatened species acquired by the owner outside New Zealand; or
b: the specimen is of an endangered, threatened, or exploited species that is imported for primarily commercial reasons,— unless that specimen is accompanied by a certificate of acquisition or a certificate of exemption issued by the appropriate other management authority Section 30(2) amended 14 May 1998 section 7(a) Trade in Endangered Species Amendment Act 1998 Section 30(2) amended 14 May 1998 section 7(b) Trade in Endangered Species Amendment Act 1998
31: Certificate for specimens bred in captivity or artificially propagated
1: Every person seeking to export or re-export a specimen of any species specified in Schedule 2 Schedule 3
a: in the case of an animal, was bred in captivity; or
b: in the case of a plant, was artificially propagated; or
c: is a recognisable part or derivative of such a specimen— shall apply in writing to the Director-General for a certificate for specimens bred in captivity or artificially propagated.
2: The Director-General may, after (if necessary) consultation with the appropriate other management authority, issue a certificate for specimens bred in captivity or artificially propagated to an applicant if the Director-General
3: For the purposes of trade, a certificate for specimens bred in captivity or artificially propagated shall be accepted in lieu of any of the permits or certificates granted under any of sections 17
4: For the purpose of this section, sections 9 10 25 Section 31(1) amended 12 August 1991 Trade in Endangered Species Amendment Act 1991 Section 31(2) amended 14 May 1998 section 8 Trade in Endangered Species Amendment Act 1998 Section 31(3) amended 12 August 1991 Trade in Endangered Species Amendment Act 1991
32: Scientific transfer
Part 1
a: herbarium and other preserved, dried, or embedded plants:
b: live plants:
c: preserved animals, and skins of animals:
d: live animals,— that are specimens of an endangered, threatened, or exploited species and which carry a label issued or approved by the Director-General.
33: Travelling circus or exhibition
The Director-General may, after (if necessary) consultation with the appropriate other management authority, waive the requirement of holding a permit or certificate granted under Part 1
a: the exporter or importer registers full details of such specimens with the Director-General; and
b: the specimens were—
i: acquired before the provisions of the Convention applied to those specimens; or
ii: in the case of animals, bred in captivity, or in the case of plants, artificially propagated; and
c: that management authority is satisfied that any living specimen will be transported and cared for so that the risk of—
i: injury to the specimen; and
ii: adverse effect on the health of the specimen; and
iii: in the case of an animal, cruel treatment of the specimen,— is minimised.
34: Certificate of capture in accordance with other treaties
1: Subject to subsection (2), Part 1
a: by any ship registered in New Zealand or by any foreign fishing craft licensed under the Territorial Sea , Contiguous Zone,
b: in accordance with any international agreement to which New Zealand was a party before the commencement of this Act.
2: Every person who introduces any such marine specimen into New Zealand and wants to subsequently export that specimen shall apply in writing to the Director-General for a certificate of capture in accordance with other treaties.
3: The Director-General may, after (if necessary) consultation with the appropriate other management authority, issue a certificate of capture in accordance with other treaties to an applicant if the other management authority is satisfied that the specimen, to which the application relates, was taken—
a: by any ship registered in New Zealand or by any foreign fishing craft licensed under the Territorial Sea , Contiguous Zone,
b: in accordance with any international agreement to which New Zealand was a party before the commencement of this Act.
4: For the purposes of this section, sections 9 10 25 Section 34(1)﻿(a): amended 1 August 1996 Territorial Sea and Exclusive Economic Zone Amendment Act 1996 (1996 No 74). Section 34(3)﻿(a): amended 1 August 1996 Territorial Sea, and Exclusive Economic Zone Amendment Act 1996 (1996 No 74).
3: Endangered Species Officers
35: Endangered Species Officers
1: Every inspector appointed under the Ministry of Agriculture and Fisheries Act 1953 Biosecurity Act 1993 Customs officer
2: Notwithstanding subsection (1), there may from time to time be appointed pursuant to the Public Service Act 2020 Section 35(1) substituted 1 October 1993 section 168(1) Biosecurity Act 1993 Section 35(1) amended 1 October 1996 section 289(1) Customs and Excise Act 1996 Section 35(2) amended 7 August 2020 section 135 Public Service Act 2020
36: Authority to act as officer
1: The Director-General section 35(2)
2: Every such warrant shall contain—
a: a reference to this section; and
b: the full name of the officer; and
c: a reference to the powers set out in sections 37 to 39
3: The production by an officer of—
a: a warrant issued under this section; or
b: due evidence of the appointment of the officer as an inspector under the Animals Act 1967 Ministry of Agriculture and Fisheries Act 1953 Plants Act 1970
c: any evidence that the officer is a Customs officer appointed under the Customs and Excise Act 2018 shall, until the contrary is proved, be sufficient authority for any such officer to do anything authorised by this Part.
4: Every person appointed under section 35(2)
5: Every person commits an offence against this Act who fails to comply with subsection (4). Section 36(1) amended 12 August 1991 Trade in Endangered Species Amendment Act 1991 Section 36(3)﻿(c) amended 1 October 2018 section 443(3) Customs and Excise Act 2018 Section 36(3)﻿(c) amended 1 October 1996 section 294(2) Customs and Excise Act 1996
36A: Power of arrest
1: Any officer or any constable
2: Where any officer arrests any person under the power conferred by subsection (1), he or she shall as soon as practicable call a constable constable
3: Any person called upon to do so by any person referred to in subsection (1) is justified in assisting him or her in good faith to arrest any person. Section 36A inserted 12 August 1991 Trade in Endangered Species Amendment Act 1991 Section 36A(1) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 36A(2) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008
37: Rights of entry
1: Subject to section 38(2)
a: stop and enter or board any vehicle:
b: enter, pass across, or remain on any land or premises (including a dwellinghouse and a marae and a building associated with a marae):
c: demand any information relating to that breach from any person in or on that vehicle, land, or premises and require such persons to produce—
i: any permit or certificate granted under this Act; and
ii: any other documents relating to trade in endangered species:
d: for the purpose of such analysis as the Director-General considers necessary to determine whether a breach of this Act or of any regulation made under it has occurred, take samples, subject to subsection (7), from any specimen in any vehicle or on any land or premises (including a dwellinghouse or a marae or any building associated with a marae) where the officer has reasonable grounds to believe that such specimen is evidence that a breach of this Act or of any regulation made under it has been or is being committed.
2: Notwithstanding subsection (1), no officer shall enter any dwellinghouse or a marae or a building associated with a marae or, in the case of the exercise of the power under subsection 1(d), any other land or premises section 38(2)
3:
4:
5: No person shall be required to answer any question by an officer if the answer would or could tend to incriminate that person.
6: Any officer lawfully exercising his or her powers under this section may make or take copies of any document, and for this purpose may take possession of and remove from the place where it is kept, for such period of time as is reasonable in the circumstances, any such document.
7: Every officer proposing to take a sample under subsection (1)﻿(d) from any live animal—
a: must do so either personally or, where requested by the owner or person in charge of the animal, by instructing a veterinary surgeon to do so; and
b: must make every effort to avoid unnecessary disturbance of the animal, including, with respect to an animal which is secured within an enclosure, exercising his or her powers only during the hours of daylight except where the officer judges that there will be less disturbance to the animal if the powers are exercised outside those hours.
8: The provisions of Part 4 subpart 3 Section 37(1)﻿(d) added 14 May 1998 section 9(a) Trade in Endangered Species Amendment Act 1998 Section 37(2) amended 14 May 1998 section 9(b) Trade in Endangered Species Amendment Act 1998 Section 37(3) repealed 1 October 2012 section 303(2) Search and Surveillance Act 2012 Section 37(4) repealed 1 October 2012 section 303(2) Search and Surveillance Act 2012 Section 37(7) added 14 May 1998 section 9(c) Trade in Endangered Species Amendment Act 1998 Section 37(8) inserted 1 October 2012 section 303(3) Search and Surveillance Act 2012
38: Powers of search
1: Subject to subsection (2), any officer who has entered any vehicle, land, or premises (including a dwellinghouse and a marae and a building associated with a marae) under section 37(1)
2: Any issuing officer (within the meaning of section 3 on application made by an officer in the manner provided in subpart 3
a: any specimen of an endangered, threatened, or exploited species that there is reasonable ground to believe—
i: has been traded otherwise than in accordance with this Act; or
ii: is intended to be traded otherwise than in accordance with this Act; or
b: any thing which there is reasonable ground to believe may be evidence of the commission of any offence against this Act; or
c: any thing which there is reasonable ground to believe is intended to be used for the purpose of committing any such offence— may issue a search warrant to every officer named in the warrant
3: A search warrant is also required pursuant to subsection (2) in the case of entry to any other land or premises for the purpose of the exercise of the power under section 37(1)﻿(d)
4: The provisions of Part 4 Section 38(2) amended 26 March 2015 section 4(1) Trade in Endangered Species Amendment Act 2015 Section 38(2) amended 26 March 2015 section 4(2) Trade in Endangered Species Amendment Act 2015 Section 38(2) amended 1 October 2012 section 303(4)﻿(a) Search and Surveillance Act 2012 Section 38(2) amended 1 October 2012 section 303(4)﻿(b) Search and Surveillance Act 2012 Section 38(3) added 14 May 1998 section 10 Trade in Endangered Species Amendment Act 1998 Section 38(4) inserted 1 October 2012 section 303(5) Search and Surveillance Act 2012
38AA: Power to require information
1: This section applies if an officer believes on reasonable grounds that a person has committed an offence against this Act.
2: The officer may require the person to—
a: state the person’s full name, residential address, and date of birth; and
b: provide evidence, as soon as practicable, of the person’s full name, residential address, and date of birth. Section 38AA inserted 21 December 2018 section 45 Conservation (Infringement System) Act 2018
38A: Application of Customs and Excise Act 2018
Sections 210 211 214 251 252 Section 38A replaced 1 October 2018 section 443(3) Customs and Excise Act 2018
39: Seizure of endangered species traded in contravention of Act
1: Where an officer finds, in or on any ship or aircraft or at any port, aerodrome, transitional facility, or Customs controlled area,
a: is being traded otherwise than in accordance with this Act; or
b: is not listed on the inward or outward report in respect of that ship or aircraft,— that specimen shall be forfeit to the Crown, and shall be seized by the officer who shall dispose of it in accordance with section 42
2: Any officer who has reasonable cause to believe that any specimen of an endangered, threatened, or exploited species has been imported or introduced from the sea into New Zealand otherwise than in accordance with this Act, may seize that specimen and,—
a: in the case of an animal, any descendant of that specimen; or
b: in the case of a plant, any propagation of that specimen,— and shall deliver it into the custody of the Director-General.
3: Any officer who has reasonable cause to believe that any specimen of an endangered, threatened, or exploited species is intended to be exported or re-exported from New Zealand otherwise than in accordance with this Act, may seize that specimen and shall deliver it into the custody of the Director-General.
4: Any officer seizing any specimen under this section may also seize—
a: any container, packing case, crate, box, or any other form of receptacle (not being a bulk cargo container or a pallet) holding that specimen; and
b: any thing which the officer has reason to believe will be evidence of a breach of the provisions of this Act or of any regulation made under it,— and shall deliver it into the custody of the Director-General: provided that the owner or the person entitled to the possession of the items seized under this subsection may apply to the District Court at any time for the return of those items, not being items that are required for evidential purposes in a hearing of any court, and the court may order the retention of those items or their return on such conditions as the court thinks fit.
5: No compensation shall be payable in respect of any specimen seized under subsection (1).
6: For the purposes of subsection (1),— Customs controlled area section 5(1) transitional facility section 2(1) Section 39(1) amended 20 September 2007 section 4(1) Trade in Endangered Species Amendment Act 2007 Section 39(6) added 20 September 2007 section 4(2) Trade in Endangered Species Amendment Act 2007 Section 39(6) Customs controlled area amended 1 October 2018 section 443(3) Customs and Excise Act 2018
39A: Power to seize vehicles and containers
Any officer may stop and seize any vehicle on the ground or in water, or stop in transit and seize any parcel, package, case, bag, luggage, or other container, if the officer reasonably believes either—
a: that the vehicle or container contains any endangered, threatened, or exploited species; or
b: that the vehicle or container—
i: is in the possession of a person who has committed an offence against this Act; and
ii: has been used in connection with the commission of an offence against this Act. Section 39A inserted 12 August 1991 Trade in Endangered Species Amendment Act 1991
39B: Director-General to retain seized vehicles and containers
1: Subject to section 39E section 39A
2: If at any time following the seizure of any vehicle or container under section 39A
3: The Director-General shall exercise reasonable care of any property while it is retained in his or her custody under subsection (1). Section 39B inserted 12 August 1991 Trade in Endangered Species Amendment Act 1991
39C: Proceedings to be prosecuted promptly and diligently
1: Proceedings in respect of an offence against this Act shall be commenced promptly and prosecuted with due diligence if they arise in connection with the use of any vehicle or container seized under section 39A
2: If no proceedings are taken in respect of the offence concerned within 6 months of the seizure under section 39A Section 39C inserted 12 August 1991 Trade in Endangered Species Amendment Act 1991 Section 39C(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
39D: Forfeiture of seized vehicles and containers
1: On the conviction of any person for any offence against this Act, any vehicle or container retained in respect of that offence under section 39B(1)
2: Any person whose property has been forfeited to the Crown under this section or any person having a legal or equitable interest in any such property (not being, in either case, a person convicted of an offence out of which the forfeiture arose) may apply to the Minister, within 30 days of the conviction concerned, for the release of the property forfeited; and the Minister may order the release of the property on payment to the Crown of any amount the Minister thinks appropriate, being an amount not exceeding the amount the items forfeited are estimated by the Director-General to be likely to realise if sold by public auction in New Zealand.
3: In considering whether to order the release of any property on payment of an amount under subsection (2), the Minister shall have regard to—
a: the relationship between the person applying for release of the property and the person convicted of the offence; and
b: the extent to which it was foreseeable that the property would be used in connection with the commission of an offence against this Act when it was placed in the possession of the offender.
4: Any forfeiture ordered under this section shall be in addition to, and not in substitution for, any other penalty that may be imposed. Section 39D inserted 12 August 1991 Trade in Endangered Species Amendment Act 1991
39E: Power of court to order return of seized vehicle or container
1: Where any vehicle or container is seized under section 39A
2: On an application under subsection (1), a District Court Judge may—
a: adjourn the application, on such terms and conditions as he or she thinks fit, to enable proceedings to be brought or completed; or
b: make an order for the return of the vehicle or container to the applicant, on such terms and conditions as he or she thinks fit.
3: Nothing in this section applies to any vehicle or container if a court has ordered under section 39D(1) Section 39E inserted 12 August 1991 Trade in Endangered Species Amendment Act 1991
39F: Effect of order for release of seized vehicle or container
Where the Minister makes an order under section 39D(2) Section 39F inserted 12 August 1991 Trade in Endangered Species Amendment Act 1991
40: Custody of seized specimens
1: Where, in the opinion of the Director-General, any specimen seized pursuant to subsection (2) or subsection (3) of section 39 section 42(1)
2: Where the ownership of—
a: any specimen seized pursuant to subsection (2) or subsection (3) of section 39
b: any receptacle or thing seized pursuant to section 39(4) cannot, at the time of seizure or within 90 days from the date of seizure, be ascertained it shall be forfeit to the Crown, and—
c: in the case of a specimen, be disposed of in accordance with section 42
d: in the case of a receptacle or thing, be disposed of as directed by the Director-General, subject to any conditions imposed by the court pursuant to the proviso to subsection (4) of section 39
3: Except as provided in subsections (1) and (2) of this section,—
a: every specimen seized pursuant to subsection (2) or subsection (3) of section 39
b: every receptacle or thing seized pursuant to section 39(4) shall be held in the custody of the Crown until—
c: a decision is made not to file any charging document
d: where such a charging document is filed
4: The decision whether or not to file any charging document section 39 Section 40(2)﻿(b) amended 17 May 2005 section 3(1) Trade in Endangered Species Amendment Act 2005 Section 40(3)﻿(b) amended 17 May 2005 section 3(2) Trade in Endangered Species Amendment Act 2005 Section 40(3)﻿(c) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 40(3)﻿(d) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 40(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 40(4) amended 17 May 2005 section 3(3) Trade in Endangered Species Amendment Act 2005
41: Release of seized specimens
Subject to subsection (1) of section 39 and subsections (1) and (2) of section 40 under section 39
a: on a decision being made not to file a charging document
b: on the acquittal of any person charged with an offence for which the specimen, receptacle, or thing is subject to forfeiture— such specimen, receptacle, or thing shall forthwith be released from the custody of the Crown to the owner or person who had possession of the specimen , receptacle, or thing Section 41 amended 17 May 2005 section 4 Trade in Endangered Species Amendment Act 2005 Section 41 amended 12 August 1991 Trade in Endangered Species Amendment Act 1991 Section 41(a) amended 1 July 2013 section 413 Criminal Procedure Act 2011
42: Disposal of seized specimens
1: Any specimen of an endangered, threatened, or exploited species forfeited to the Crown shall be disposed of in such manner as the Director-General may direct, after consultation with the relevant scientific and management authorities.
2: The Director-General may negotiate the return, and the payment of any costs associated with that return, of any specimen imported into New Zealand, otherwise than in accordance with this Act, with the management authority of the country from where that specimen originated.
3: All costs and expenses of and attendant section 39(1)
4: Notwithstanding sections 39(1) 40(1) and (2) section 51(1) section 57 Section 42(3) amended 17 May 2005 section 5 Trade in Endangered Species Amendment Act 2005
43: Duty of officers and employees of postal operators
1: It is the duty of all officers and employees of every postal operator within the meaning of the Postal Services Act 1998
2: Where any postal article (within the meaning of the Postal Services Act 1998 section 10(2)﻿(c) section 39 Section 43 substituted 1 April 1998 section 62(1) Postal Services Act 1998
4: Offences and infringement offences
Part 4 heading replaced 21 December 2018 section 46 Conservation (Infringement System) Act 2018
43A: Taking and analysis of samples of specimens
1: Where, in any application made under this Act, a question arises as to whether a specimen of any animal has been bred in captivity and the Director-General has reasonable cause to suspect that the specimen has not been bred in captivity, the Director-General may, prior to making a decision on the application, require that any specimen be subject to the taking of such samples for the purpose of such analysis as the Director-General considers necessary to determine whether the specimen concerned has been bred in captivity.
2: Subject to subsection (3), such samples are to be taken by and under the supervision of such person or persons as the Director-General specifies.
3: Every such sample from a live animal must be taken by a veterinary surgeon where requested by the owner or person in charge of the animal.
4: The Director-General may require an applicant to bear the cost of taking and analysis of samples required pursuant to this section. Section 43A inserted 14 May 1998 section 11 Trade in Endangered Species Amendment Act 1998 Offences Heading inserted 21 December 2018 section 47 Conservation (Infringement System) Act 2018
44: Trading in endangered, threatened, or exploited species without permit or certificate
1: Every person commits an offence who—
a: trades in any specimen of an endangered species without the appropriate permit or certificate granted under any of sections 13 to 16
b: trades in any specimen of a threatened species without the appropriate permit or certificate granted under any of sections 17 to 20
c: trades in any specimen of an exploited species without the appropriate permit or certificate granted under any of sections 21 to 24
2: Every person who commits an offence against subsection (1)﻿(a) is liable on conviction
a: in the case of a natural person, to imprisonment for a term not exceeding 5 years or to a fine not exceeding $100,000, or to both:
b: in the case of a body corporate, to a fine not exceeding $200,000.
3: Every person who commits an offence against subsection (1)﻿(b) is liable on conviction
a: in the case of a natural person, to imprisonment for a term not exceeding 3 years or to a fine not exceeding $50,000, or to both:
b: in the case of a body corporate, to a fine not exceeding $100,000.
4: Every person who commits an offence against subsection (1)﻿(c) is liable on
a: in the case of a natural person, to a fine not exceeding $37,500:
b: in the case of a body corporate, to a fine not exceeding $75,000. Section 44 substituted 12 August 1991 Trade in Endangered Species Amendment Act 1991 Section 44(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 44(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 44(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011
45: Possession of specimens of endangered, threatened, or exploited species
1: Every person commits an offence who has in his or her possession, or has under his or her control though under the custody of another, any specimen of an endangered, threatened, or exploited species that he or she knows or has reasonable grounds for suspecting
a: has been imported or introduced from the sea into New Zealand otherwise than in accordance with this Act; or
b: is intended to be exported or re-exported from New Zealand otherwise than in accordance with this Act.
2: Every person who commits an offence against subsection (1) in respect of a specimen of an endangered species is liable on conviction
a: in the case of a natural person, to imprisonment for a term not exceeding 5 years or to a fine not exceeding $100,000, or to both:
b: in the case of a body corporate, to a fine not exceeding $200,000.
3: Every person who commits an offence against subsection (1) in respect of a specimen of a threatened species is liable on conviction
a: in the case of a natural person, to imprisonment for a term not exceeding 3 years or to a fine not exceeding $50,000, or to both:
b: in the case of a body corporate, to a fine not exceeding $100,000.
4: Every person who commits an offence against subsection (1) in respect of a specimen of an exploited species is liable on
a: in the case of a natural person, to a fine not exceeding $37,500:
b: in the case of a body corporate, to a fine not exceeding $75,000. Section 45 substituted 12 August 1991 Trade in Endangered Species Amendment Act 1991 Section 45(1) amended 14 May 1998 section 12 Trade in Endangered Species Amendment Act 1998 Section 45(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 45(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 45(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011
46: Failure to comply with conditions of permit or certificate
1: Every person commits an offence who fails to comply with any of the conditions specified by the Director-General in respect of any permit or certificate granted to him or her under Part 1
2: Every person who commits an offence against subsection (1) is liable on
a: in the case of a natural person, to a fine not exceeding $10,000:
b: in the case of a body corporate, to a fine not exceeding $20,000. Section 46 substituted 12 August 1991 Trade in Endangered Species Amendment Act 1991 Section 46(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
47: Making false statements
1: Every person commits an offence who, for the purpose of procuring anything to be done or not to be done under Part 1 Part 2 Part 3
a: makes a statement that he or she knows to be false in a material particular; or
b: recklessly makes a statement that is false in a material particular.
2: Every person who commits an offence against subsection (1) is liable on Section 47 substituted 12 August 1991 Trade in Endangered Species Amendment Act 1991 Section 47(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
48: Obstructing or hindering officer and refusing to give information
A person commits an offence if the person—
a: intentionally obstructs or hinders any officer in the performance of the officer’s duty under this Act; or
b: refuses to give information or provide evidence required under section 38AA Section 48 replaced 21 December 2018 section 48 Conservation (Infringement System) Act 2018
49: General offence
Every person who commits an offence against this Act for which no penalty is provided otherwise than in this section is liable, on Section 49 amended 1 July 2013 section 413 Criminal Procedure Act 2011
50: Onus of proof in respect of certain offences
Where any person is charged with an offence against this Act Section 50 amended 12 August 1991 Trade in Endangered Species Amendment Act 1991 Infringement offences Heading inserted 21 December 2018 section 49 Conservation (Infringement System) Act 2018
50A: Infringement offences
1: A person must not—
a: trade in any specimen of an endangered species without the appropriate permit or certificate granted under any of sections 13 to 16
b: trade in any specimen of a threatened species without the appropriate permit or certificate granted under any of sections 17 to 20
c: trade in any specimen of an exploited species without the appropriate permit or certificate granted under any of sections 21 to 24
d: possess, or have under the person’s control although under the custody of another person, any specimen of an endangered, threatened, or exploited species that has been imported or introduced from the sea into New Zealand otherwise than in accordance with this Act; or
e: fail to comply with any of the conditions specified by the Director-General in respect of any permit or certificate granted to the person under Part 1
2: A person who fails to comply with this section commits an infringement offence. Section 50A inserted 21 December 2018 section 49 Conservation (Infringement System) Act 2018
50B: Relationship between infringement offences and other offences
Nothing in section 50A Section 50B inserted 21 December 2018 section 49 Conservation (Infringement System) Act 2018
50C: Proceedings for infringement offences
1: A person who is alleged to have committed an infringement offence may either—
a: be proceeded against by filing a charging document under section 14
b: be served with an infringement notice under section 50E
2: If an infringement notice has been issued under section 50E section 21 Section 50C inserted 21 December 2018 section 49 Conservation (Infringement System) Act 2018
50D: Who may issue infringement notices
The Director-General may authorise an officer or a warranted officer under the Conservation Act 1987 Section 50D inserted 21 December 2018 section 49 Conservation (Infringement System) Act 2018
50E: Infringement notices
1: An officer authorised under section 50D
2: The officer may deliver the infringement notice (or a copy of it) in person to the person alleged to have committed an infringement offence or send the notice by post addressed to that person’s last known place of residence or business.
3: An infringement notice (or a copy of it) sent by post to a person under subsection (2) is to be treated as having been served on that person when it was posted.
4: An infringement notice must be in the prescribed form and must contain the following particulars:
a: such details of the alleged infringement offence as are sufficient to fairly inform a person of the time, place, and nature of the alleged offence; and
b: the amount of the infringement fee; and
c: the address of the place at which the infringement fee may be paid; and
d: the time within which the infringement fee must be paid; and
e: a summary of the provisions of section 21(10)
f: a statement that the person served with the notice has a right to request a hearing; and
g: a statement of what will happen if the person served with the notice neither pays the infringement fee nor requests a hearing; and
h: any other particulars that may be prescribed. Section 50E inserted 21 December 2018 section 49 Conservation (Infringement System) Act 2018
50F: Reminder notices
A reminder notice must be in the prescribed form, and must include the same particulars, or substantially the same particulars, as the infringement notice. Section 50F inserted 21 December 2018 section 49 Conservation (Infringement System) Act 2018
50G: Accelerated procedure for border infringement offences
1: This section applies if an infringement notice has been issued to a person for a border infringement offence.
2: Any employee of the Department (not necessarily the officer who issued the infringement notice) may serve the infringement notice on the person by—
a: delivering the notice (or a copy of it) to the person personally; or
b: sending the notice (or a copy of it) to the person by post addressed to the defendant’s last known place of residence or business.
3: An infringement notice (or a copy of it) sent by post to a person under subsection (2)﻿(b) is to be treated as having been served on that person when it was posted.
4: If the infringement notice is served by delivering it to the person at a port, the person may choose to immediately pay the infringement fee in the manner specified in the notice.
5: An employee of the Department may, after a period of 14 days from the date the infringement notice was delivered or posted to the person, provide particulars of an infringement notice in accordance with section 21(4) and (4A)
a: the person has not paid the infringement fee for the offence; and
b: the person has not requesting a hearing in respect of the offence.
6: In an infringement notice has been served under this section, the Summary Proceedings Act 1957 section 21(2)
a: the reference in section 21(1)﻿(b)
b: section 21(3)
c: the reference in section 21(3A)
d: every reference in section 21(4), (4A), and (4B)
e: the reference in section 21(4)﻿(a)
f: the reference in section 21(4C)
g: the reference in section 21(4C)
h: the reference in section 21(5)
i: the references in section 21(6)﻿(b) and (10)﻿(a)
j: each reference in sections 21A 78B
k: the references to reminder notices in the definition of defendant in section 2(1) section 212 Section 50G inserted 21 December 2018 section 49 Conservation (Infringement System) Act 2018
50H: Payment of infringement fees
All infringement fees paid in respect of infringement offences must be paid into a Crown Bank Account. Section 50H inserted 21 December 2018 section 49 Conservation (Infringement System) Act 2018
50I: Penalties for infringement offences
A person who commits an infringement offence is liable on conviction to—
a: the infringement fee prescribed in regulations for that offence; or
b: a fine imposed by a court not exceeding the maximum fine prescribed in regulations for that offence. Section 50I inserted 21 December 2018 section 49 Conservation (Infringement System) Act 2018 Forfeiture Heading inserted 21 December 2018 section 50 Conservation (Infringement System) Act 2018
51: Forfeiture of property
1AA: This section applies if—
a: a person is convicted of an offence against this Act; or
b: an infringement notice is issued to the person or a charging document filed against the person in relation to an infringement offence and any of the following occurs:
i: the infringement fee for the offence is paid:
ii: 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
iii: 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:
iv: the person is found guilty, or admits the commission, of the infringement offence.
1: Subject to subsection (2), if this section applies
a: any specimen of an endangered, threatened, or exploited species in respect of which the offence has been committed; and
b: any container, packing case, crate, box, or any other form of receptacle (not being a bulk cargo container or a pallet) used in relation to the commission of the offence,— whether or not they have been seized, taken possession of, or detained under section 39
c: in the case of a specimen, in accordance with section 42
d: in the case of a receptacle, as the Director-General directs.
2: Notwithstanding the conviction of any person for any offence against this Act
3: Any person whose receptacle has been forfeit to the Crown under subsection (1) or any person having a legal or equitable interest in such property may apply to the Minister within 30 days of the forfeiture
4: Any forfeiture directed or redemption payment imposed pursuant to this section shall be in addition to, and not in substitution for, any other penalty that may be imposed by the court or by this Act. Section 51 heading replaced 21 December 2018 section 51(1) Conservation (Infringement System) Act 2018 Section 51(1AA) inserted 21 December 2018 section 51(2) Conservation (Infringement System) Act 2018 Section 51(1) amended 21 December 2018 section 51(3) Conservation (Infringement System) Act 2018 Section 51(2) amended 12 August 1991 Trade in Endangered Species Amendment Act 1991 Section 51(3) amended 21 December 2018 section 51(4) Conservation (Infringement System) Act 2018
5: Miscellaneous provisions
Part 5 heading inserted 21 December 2018 section 52 Conservation (Infringement System) Act 2018
52: Protection of officers and others
A person who does any act in pursuance or intended pursuance of any of the functions conferred on that person by or under this Act shall not be under any civil or criminal liability in respect thereof, whether on the ground of want of jurisdiction, or mistake of law or fact, or on any other ground, unless the person has acted, or omitted to act, in bad faith or without reasonable cause.
53: Schedules
1: The Governor-General may from time to time, by Order in Council,—
a: add any item to, omit any item from, or amend any item in Schedule 1 Schedule 2 Schedule 3
b: add any Part to, or omit any Part from, Schedule 1 Schedule 2 Schedule 3
c: revoke any such schedule and substitute a new schedule— in order that those schedules may conform with the Convention as amended from time to time.
2: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 53 substituted 2 September 1996 Trade in Endangered Species Amendment Act 1996 Section 53(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
54: Regulations
1: The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:
a: prescribing the fees to be paid in respect of any permit or certificate granted under this Act:
b: prescribing the recording of trade in endangered, threatened, or exploited species:
c: regulating the non-commercial loan, donation, and exchange between scientists and scientific institutions in New Zealand and those in other countries:
d: prescribing the registration of scientists and scientific institutions in New Zealand involved in such exchanges:
e: regulating the breeding in captivity, in the case of an animal, and the artificial propagation, in the case of a plant, of any specimen of endangered, threatened, or exploited species:
ea: specifying requirements with respect to taking and analysis of samples of specimens where such taking and analysis is authorised for any purpose under this Act:
f: prescribing offences in respect of the contravention of, or non-compliance with, any regulations made under this Act; and prescribing fines not exceeding $2,000 in respect of any such offence:
fa: prescribing infringement offences for the contravention of regulations made under this Act:
fb: specifying that an infringement offence is a border infringement offence (either always, or only if committed in certain places or circumstances):
fc: prescribing penalties for infringement offences, which,—
i: in the case of infringement fees, must not be more than $1,000; and
ii: in the case of maximum fines, must not be more than twice the amount of the infringement fee for the offence; and
iii: may be prescribed at different levels for the same offence based on whether the offence relates to endangered, threatened, or exploited species; and
fd: prescribing information to be included in infringement notices and reminder notices, including any additional particulars required in an infringement notice for a border infringement offence:
g: providing for such matters as are contemplated by or necessary for giving full effect to the provisions of this Act and for its due administration.
2: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 54(1)﻿(ea) inserted 14 May 1998 section 13 Trade in Endangered Species Amendment Act 1998 Section 54(1)﻿(f) substituted 12 August 1991 Trade in Endangered Species Amendment Act 1991 Section 54(1)﻿(fa) inserted 21 December 2018 section 53 Conservation (Infringement System) Act 2018 Section 54(1)﻿(fb) inserted 21 December 2018 section 53 Conservation (Infringement System) Act 2018 Section 54(1)﻿(fc) inserted 21 December 2018 section 53 Conservation (Infringement System) Act 2018 Section 54(1)﻿(fd) inserted 21 December 2018 section 53 Conservation (Infringement System) Act 2018 Section 54(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
55: Consequential amendment
Amendment(s) incorporated in the Act(s)