Wildlife Act 1953

1: Short Title and commencement
1: This Act may be cited as the Wildlife Act 1953.
2: This Act shall come into force on 1 April 1954.
2: Interpretation
1: In this Act, unless the context otherwise requires,— activity animal ; and includes any terrestrial or freshwater invertebrate declared to be an animal under section 7B and any marine species declared to be an animal under section 7BA aquatic life associated products goods or services produced or supplied bird buy close season closed game area section 9 concession concession document
a: means—
i: a lease; or
ii: a licence; or
iii: a permit; or
iv: an easement— granted under section 14AA
b: includes any activity authorised by the concession document concessionaire
a: a lessee; or
b: a licensee; or
c: a permit holder; or
d: the grantee of an easement— under section 14AA conservation management plan section 14E conservation management strategy Conservation Act 1987 council day Department Conservation Director Director-General domestic animal domestic bird
a: any pheasant that is fed on any land or premises but is not confined within an enclosure shall be deemed to be living in a wild state:
b: any pheasant that is held pursuant to a permit under section 23 section 53 section 56
c: any pheasant which is made available for hunting shall be deemed to be living in a wild state financial year firearm shoot Fish and Game Council section 26P fish and game ranger section 26FA fishing
a: means the catching, taking, or harvesting of fish, aquatic life, or seaweed; and
b: includes—
i: any activity that may reasonably be expected to result in the catching, taking, or harvesting of fish, aquatic life, or seaweed; and
ii: any operation in support of or in preparation for any activities described in this definition fishing-related mortality game and game birds Schedule 1 game bird habitat stamp or mark section 19A game hunting guide game licence human-induced mortality hunt or kill infringement fee infringement offence
a: an offence in sections 70B to 70T
b: an offence against regulations made under this Act that is declared by regulations to be an infringement offence lease
a: means—
i: a grant of an interest in land that—
A: gives exclusive possession of the land; and
B: makes provision for any activity on the land that the lessee is permitted to carry out:
ii: any document purporting to be a lease (whether or not the document gives the lessee exclusive possession of the land concerned) and issued under any enactment passed before the commencement of section 2
iii: any document purporting to be a lease (whether or not the document gives the lessee exclusive possession of the land concerned) and issued under this Act before the commencement of the said section 2
b: does not include a licence referred to in paragraph (b)﻿(ii) of the definition of the term licence;— and lessee licence
a: means—
i: a profit à prendre
ii: a grant that makes provision for any activity on the land that the licensee is permitted to carry out; and
b: includes—
i: any document purporting to be a licence (whether or not the licence gives an interest, or makes any provision, referred to in paragraph (a) section 2
ii: any document purporting to be a licence and purporting to grant an exclusive interest in land, and issued under this Act before the date of commencement of the said section 2
iii: any document purporting to be a licence (whether or not the licence gives an interest, or makes any provision, referred to in paragraph (a) section 2 and licensee marine species marine wildlife Minister Conservation New Zealand Fish and Game Council section 26B New Zealand fisheries waters section 2(1) New Zealand Game Bird Habitat Trust Board Board section 44B notification occupier
a: in relation to any land, other than unoccupied land of the Crown, the person by whom or on whose behalf the land is actually occupied, if that person is in occupation by virtue of the fact that he is the owner or one of the owners of the fee simple of the land or of a lease or licence of the land:
b: in relation to unoccupied land of the Crown, the Minister for the time being charged with the administration of the department of State that has the control of the land open season section 15 permit section 14AA
a: means a grant of rights to carry out an activity for a purpose referred to in that section that does not require an interest in land; and
b: includes any authorisation or licence granted before the commencement of this definition that granted similar rights;— and permit holder population management plan section 14F ranger ; and includes a fish and game ranger sale sell take threatened species subsection (1A) wildlife Schedule 6 Wild Animals Control Act 1977 wildlife district wildlife management reserve section 14A Reserves Act 1977 wildlife refuge section 14 Reserves Act 1977 wildlife sanctuary sanctuary section 9 Reserves Act 1977
1A: The Minister, after having regard to any relevant international standards and any relevant standards applying within New Zealand, may from time to time, by notice
2: A declaration under subsection (1A) is secondary legislation ( see Part 3
2: 1921–22 No 57 s 2 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 2(1) activity inserted 1 July 1996 section 2(1) Wildlife Amendment Act 1996 Section 2(1) animal amended 1 October 1996 section 316(1) Fisheries Act 1996 Section 2(1) animal amended 19 September 1980 Wildlife Amendment Act 1980 Section 2(1) aquatic life inserted 1 October 1996 section 316(1) Fisheries Act 1996 Section 2(1) associated products inserted 17 May 1993 (1993 No 39) Section 2(1) associated products amended 16 December 2017 section 86(1) Electronic Interactions Reform Act 2017 Section 2(1) concession concession document inserted 1 July 1996 section 2(1) Wildlife Amendment Act 1996 Section 2(1) concessionaire inserted 1 July 1996 section 2(1) Wildlife Amendment Act 1996 Section 2(1) conservation management plan inserted 10 April 1990 section 65 Conservation Law Reform Act 1990 Section 2(1) conservation management strategy inserted 10 April 1990 section 65 Conservation Law Reform Act 1990 Section 2(1) Department amended 1 April 1987 section 65(1) Conservation Act 1987 Section 2(1) Director inserted 25 November 1994 Wildlife Amendment Act 1994 Section 2(1) Director-General inserted 1 April 1987 section 65(1) Conservation Act 1987 Section 2(1) district repealed 10 April 1990 section 65 Conservation Law Reform Act 1990 Section 2(1) domestic bird replaced 1 October 1993 section 168(1) Biosecurity Act 1993 Section 2(1) Fish and Game Council inserted 10 April 1990 section 65 Conservation Law Reform Act 1990 Section 2(1) fish and game ranger inserted 25 November 1994 Wildlife Amendment Act 1994 Section 2(1) fishing inserted 1 October 1996 section 316(1) Fisheries Act 1996 Section 2(1) fishing-related mortality inserted 1 October 1996 section 316(1) Fisheries Act 1996 Section 2(1) game amended 17 May 1993 Wildlife Amendment Act 1993 (1993 No 39) Section 2(1) game bird habitat stamp inserted 17 May 1993 Wildlife Amendment Act 1993 (1993 No 39) Section 2(1) game bird habitat stamp amended 16 December 2017 section 86(2) Electronic Interactions Reform Act 2017 Section 2(1) game hunting guide inserted 13 March 1996 section 2(3) Wildlife Amendment Act 1996 Section 2(1) game licence inserted 16 December 2017 section 86(3) Electronic Interactions Reform Act 2017 Section 2(1) human-induced mortality inserted 1 October 1996 section 316(1) Fisheries Act 1996 Section 2(1) infringement fee inserted 21 December 2018 section 65 Conservation (Infringement System) Act 2018 Section 2(1) infringement offence inserted 21 December 2018 section 65 Conservation (Infringement System) Act 2018 Section 2(1) lease inserted 1 July 1996 section 2(1) Wildlife Amendment Act 1996 Section 2(1) licence inserted 1 July 1996 section 2(1) Wildlife Amendment Act 1996 Section 2(1) licence repealed 16 December 2017 section 86(4) Electronic Interactions Reform Act 2017 Section 2(1) marine species inserted 1 October 1996 section 316(1) Fisheries Act 1996 Section 2(1) marine wildlife inserted 1 October 1996 section 316(1) Fisheries Act 1996 Section 2(1) Minister amended 1 April 1987 section 65(1) Conservation Act 1987 Section 2(1) New Zealand Fish and Game Council inserted 17 May 1993 Wildlife Amendment Act 1993 (1993 No 39) Section 2(1) New Zealand fisheries waters inserted 1 October 1996 section 316(1) Fisheries Act 1996 Section 2(1) New Zealand Game Bird Habitat Trust Board Board inserted 17 May 1993 Wildlife Amendment Act 1993 (1993 No 39) Section 2(1) notification replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Section 2(1) open season replaced 13 March 1996 section 2(2) Wildlife Amendment Act 1996 Section 2(1) permit inserted 1 July 1996 section 2(1) Wildlife Amendment Act 1996 Section 2(1) population management plan inserted 1 October 1996 section 316(1) Fisheries Act 1996 Section 2(1) ranger amended 25 November 1994 Wildlife Amendment Act 1994 Section 2(1) Secretary repealed 1 April 1987 section 65(1) Conservation Act 1987 Section 2(1) society repealed 10 April 1990 section 65 Conservation Law Reform Act 1990 Section 2(1) threatened species inserted 1 October 1996 section 316(1) Fisheries Act 1996 Section 2(1) threatened species amended 26 March 2015 section 4 Wildlife Amendment Act 2015 Section 2(1) wildlife replaced 19 September 1980 Wildlife Amendment Act 1980 Section 2(1) wildlife management reserve inserted 19 September 1980 Wildlife Amendment Act 1980 Section 2(1) wildlife refuge replaced 19 September 1980 Wildlife Amendment Act 1980 Section 2(1) wildlife sanctuary sanctuary replaced 19 September 1980 Wildlife Amendment Act 1980 Section 2(1A) inserted 1 October 1996 section 316(1) Fisheries Act 1996 Section 2(1A) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 2(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 2(2) repealed 17 November 1964 Wildlife Amendment Act 1964
2A: Meaning of possession
1: Subject to the provisions of subsections (2) and (3), any animal or thing shall be deemed to be in the possession
2: In any proceedings for an offence against this Act or any regulations under this Act, being an offence relating to the possession by the defendant of more than a specified number of animals, then, in any case where the defendant is acting jointly or in association with 1 or more other persons, the number of animals deemed pursuant to subsection (1) to be in the possession of the defendant for the purposes of those proceedings shall be ascertained by dividing by the number of persons acting jointly or in association the total number of animals found in the possession or under the control of the defendant and the other person or persons or in or on any vessel, vehicle, container, package, or place in the possession or under the control of the defendant and the other person or persons.
3: In any proceedings for an offence against this Act or any regulations under this Act, being an offence relating to the possession of any animal or thing found in or on any vessel, vehicle, container, package, or place in the possession or under the control of the defendant, alone or jointly or in association with any other person, it shall be a good defence if the defendant satisfies the court that—
a: he did not know and had no reasonable opportunity of knowing that the animal or thing was in or on the vessel, vehicle, container, package, or place; or
b: in the case of any animal or thing found in or on any vessel or vehicle or place, the animal or thing was in the possession or under the control of some other person in or on that vessel or vehicle or place; or
c: in the case of an offence relating to the possession of more than a specified number of animals, he did not know and had no reasonable opportunity of knowing that the number of those animals in or on any vehicle, vessel, container, package, or place exceeded that specified number. Section 2A inserted 17 November 1964 Wildlife Amendment Act 1964
2B: Application of certain provisions restricted
Notwithstanding anything in section 3 sections 9 to 14 14A 14B 14C 14E 37 Section 2B inserted 1 October 1996 section 316(1) Fisheries Act 1996
1: Protection of wildlife
3: Wildlife to be protected
Subject to the provisions of this Act, all wildlife is hereby declared to be subject to this Act and (except in the case of wildlife for the time being specified in Schedule 1 Schedule 2 Schedule 3 Schedule 4 Schedule 5 and New Zealand fisheries waters 1921–22 No 57 s 3(1) Section 3 amended 1 October 1996 section 316(1) Fisheries Act 1996
4: Certain wildlife declared to be game
The wildlife for the time being specified in Schedule 1 1921–22 No 57 s 8(1), (2)
5: Certain wildlife partially protected
1: The wildlife for the time being specified in Schedule 2
2: Notwithstanding anything to the contrary in this Act, when any injury or damage to any land or to any property on any land has arisen owing to the presence on the land of any wildlife for the time being specified in Schedule 2 provided that nothing in this subsection shall authorise the hunting or killing of any wildlife in a wildlife sanctuary or wildlife refuge except pursuant to an authority granted under section 11 section 14 section 54 1921–22 No 57 s 4(1)
6: Certain wildlife may be hunted subject to conditions imposed by the Minister
1: The Minister may from time to time in his discretion, by notice Schedule 3
2: Without limiting the general power to prescribe conditions conferred by subsection (1), the Minister may prescribe under that subsection any of the following conditions:
a: prescribing the persons or classes of persons who may hunt or kill or be in possession of any such wildlife:
b: restricting the numbers of any such wildlife that may be hunted or killed or had in possession by any one person in any one day:
c: prescribing the parts of New Zealand in which any such wildlife may be hunted or killed or had in possession:
d: prescribing the times of day or the periods of the year during which any such wildlife may be hunted or killed or had in possession:
e: prescribing the methods by which any such wildlife may be hunted or killed, or prohibiting the use of any specified method.
3: Every person who hunts, kills, or has in his or her possession any wildlife to which any notice section 67F(3)
4: A notice 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 the Wildlife (Chatham Islands) Notice 2015 and amendments to it. Legislation Act 2019 requirements for the Wildlife (Chatham Islands) Notice 2015 Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 ss 67(d)﻿(iii) 69(1)﻿(c) cl  23 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. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for all other secondary legislation made under this section. Legislation Act 2019 requirements for all other secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)﻿(a) cl 14 Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 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 6(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 6(3) replaced 15 October 2000 section 8 Wildlife (Penalties and Related Matters) Amendment Act 2000 Section 6(3) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 6(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
7: Certain wildlife not protected
1: The wildlife for the time being specified in Schedule 4 provided that, where the Minister considers that hunting by other persons is likely to interfere with studies and investigations of or campaigns against the wildlife specified in that schedule carried out by the Department, he may from time to time in his discretion, by notice
2: Every person who in any area and during any period specified in any notification under subsection (1) hunts, kills, or has in his or her possession any wildlife to which the notification refers, commits an offence against this Act and is liable on conviction to the penalty set out in section 67F(3)
3: The wildlife for the time being specified in Schedule 5
4: A notice 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 The maker must publish it in the Gazette LA19 ss 73 74(1)﻿(a) cl 14 Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 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 7(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 7(2) replaced 15 October 2000 section 8 Wildlife (Penalties and Related Matters) Amendment Act 2000 Section 7(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
7A: Wild animals
1: Animals Schedule 6 wild animals Wild Animal Control Act 1977
2: The Governor-General may from time to time, by Order in Council,—
a: amend Schedule 6
b: amend any other schedule of this Act by omitting the reference to any species of animal included in Schedule 6
3: 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 7A inserted 10 May 1956 Wildlife Amendment Act 1956 Section 7A heading replaced 17 December 2016 section 112(1) Statutes Amendment Act 2016 Section 7A(1) amended 17 December 2016 section 112(2)﻿(a) Statutes Amendment Act 2016 Section 7A(1) amended 17 December 2016 section 112(2)﻿(b) Statutes Amendment Act 2016 Section 7A(1) amended 17 December 2016 section 112(2)﻿(c) Statutes Amendment Act 2016 Section 7A(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
7B: Terrestrial and freshwater invertebrates
1: The terrestrial and freshwater invertebrates specified in Schedule 7
2: The Governor-General may from time to time, by Order in Council,—
a: include, in Schedule 7
b: omit, from Schedule 7
3: Any such Order in Council may be expressed to operate throughout New Zealand or in such part or parts of New Zealand and for such period or periods as may be specified.
4: 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 7B inserted 19 September 1980 Wildlife Amendment Act 1980 Section 7B(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
7BA: Marine species
1: The marine species listed in Schedule 7A
2: The Governor-General may from time to time, by Order in Council,—
a: include, in Schedule 7A
b: omit, from Schedule 7A
3: Any such Order in Council may be expressed to operate throughout New Zealand or New Zealand fisheries waters or such parts thereof, and for such period or periods, as may be specified.
4: 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 7BA inserted 1 October 1996 section 316(1) Fisheries Act 1996 Section 7BA(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
7C: Farming certain unprotected animals
1: No person shall farm, breed, or sell, or capture or convey or keep in captivity for the purposes of farming, breeding, or selling, any wildlife specified in Schedule 8 section 41
2: Every person who contravenes subsection (1) section 67F(3) Section 7C inserted 6 December 1983 Wildlife Amendment Act 1983 Section 7C(2) replaced 15 October 2000 section 8 Wildlife (Penalties and Related Matters) Amendment Act 2000
8: Alteration of schedules
1: The Governor-General may from time to time, by Order in Council, declare—
a: any wildlife not for the time being specified in any schedule of this Act to be included in such of the schedules of this Act as may be specified in the Order in Council:
b: any wildlife for the time being specified in any schedule of this Act to cease to be included in that schedule and to be included in any other schedule of this Act:
c: any wildlife for the time being specified in any schedule of this Act to cease to be included in any schedule of this Act, in which case the wildlife shall be deemed to be absolutely protected under this Act:
d: any species of animal to cease to be wildlife for the purposes of this Act.
2: Any Order in Council made under the authority of subsection (1) may be expressed to operate throughout New Zealand or in such part or parts of New Zealand and for such period or periods as may be specified in the Order in Council.
3: Every Order in Council made under the authority of subsection (1) shall have effect according to its tenor, and in particular may provide in the case of any wildlife declared to be game under that subsection for vesting in the Department the control of that game in any area that does not form part of an area under the jurisdiction of a Fish and Game Council game licences a Crown Bank Account game licences
4: An order under this section is secondary legislation ( see Part 3 1921–22 No 57 ss 3(2), (5), 5, 8(3)–(6) 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 8(3) amended 16 December 2017 section 87 Electronic Interactions Reform Act 2017 Section 8(3) amended 25 January 2005 section 83(7) Public Finance Act 1989 Section 8(3) amended 10 April 1990 section 66 Conservation Law Reform Act 1990 Section 8(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Wildlife sanctuaries
9: Wildlife sanctuaries
1: Notwithstanding anything in any other Act, the Governor-General may from time to time, by Order in Council made on the recommendation of the Minister the Order the Order such Order provided that—
a: no Order Conservation
aa: no Order Conservation the Minister of Transport
b: a conservation area within the meaning of the Conservation Act 1987 section 18
c: land held for a public work other than a wildlife sanctuary that is required for a sanctuary may be declared to be a wildlife sanctuary only pursuant to section 37 of the Public Works Amendment Act 1948.
d:
2: Without limiting the general power to prescribe conditions conferred by subsection (1), the Governor-General may from time to time, by Order in Council
a: the prohibition or restriction of any right of entry to the sanctuary, including the exclusion from the sanctuary or from any specified portion thereof of any persons or classes of persons, and the prohibition or restriction of access by means of any or all animals or vehicles or aircraft:
b: the prohibition or restriction of the hunting or killing, taking for any purpose, molesting, capturing, disturbing, harrying, or worrying of any living creature in the sanctuary, the taking, destruction, or disturbance of the eggs or spawn of any such creature, the taking for any purpose of or interference with vegetation of any description in the sanctuary, the introduction or liberation in the sanctuary of any living creature or the eggs or spawn of any living creature, or the introduction or planting in the sanctuary of any vegetation of any description or the spores or seeds of any vegetation of any description:
c: the prohibition or restriction of the burning or clearing by any means whatsoever of any trees, shrubs, grasses, or other plant life on the sanctuary or on any specified portion thereof, either generally or for such period or by such persons or classes of persons, as may be specified in the Order
d: the prohibition or restriction of camping or any other specified form of sport or relaxation in the sanctuary or in any specified portion thereof, either generally or for such period or by any persons or classes of persons, as may be specified in the Order
e: the prohibition or restriction of the lighting of fires or the doing of anything likely to cause a fire on the sanctuary or on any specified portion thereof, either generally or for such period and by such persons or classes of persons, as may be specified in the Order
f: the prohibition or restriction of the use of boats (including any launch, boat, canoe, or other similar craft, and whether propelled by mechanical power or not) and of vehicles in the sanctuary or in any portion thereof, and by any persons or classes of persons, as may be specified in the Order provided that nothing in any such prohibition or restriction relating to boats shall derogate from any provision of the Harbours Act 1950 or the Shipping and Seamen Act 1952:
g: the prohibition of the wilful disturbance of wildlife in the sanctuary by flying aircraft over the sanctuary or by noise in the vicinity or otherwise:
h: the prohibition or restriction of the use of firearms or explosives in the sanctuary or in any portion thereof, either generally or in respect of any type of firearms or explosives or by any persons or classes of persons or during any periods, as may be specified in the Order
i: the prohibition or restriction of the taking or keeping of domestic animals or domestic birds into or in the sanctuary or any portion thereof either generally or in respect of any species of domestic animal or domestic bird or in respect of possession thereof by any persons or classes of persons, as may be specified in the Order
j: with the consent of the occupier of the land concerned, the prohibition or restriction of the hunting or killing of any wildlife or the possession or discharge of firearms or explosives or the possession of specified species of wildlife within such area surrounding or adjoining the sanctuary as appears to the Governor-General to be necessary for the protection of the sanctuary:
k: with the consent of the occupier of the land concerned, the prohibition or restriction of the keeping or possession of stoats, ferrets, polecats, weasels, and other members of the family Mustelidae
l: the prohibition of the depositing of rubbish and the leaving of litter in the sanctuary:
m: the prohibition or restriction or control of the cutting, construction, or maintenance of private roads, tracks, tramways, or other means of access or communication in the sanctuary:
n: the prohibition or restriction of the pollution of any wildlife sanctuary by means of rubbish, sewage, industrial waste, mining debris, sawmill refuse, or any other means:
o: such other matters as may be considered necessary for the control of the sanctuary or for the protection and wellbeing of any wildlife or vegetation therein.
3: Any prohibition or restriction imposed by an Order in Council the Order Director-General
4: Every person who does any act that is for the time being prohibited by an Order in Council such Order section 67F(7)
5: Every person having any estate or interest in any land included without his consent in any wildlife sanctuary which is injuriously affected or damaged or reduced in value by its inclusion in the sanctuary shall be entitled to full compensation for the same from the Minister. All such claims for compensation shall, unless settled by agreement, be determined within the time and in the manner provided by the Public Works Act 1928, as in the case of land injuriously affected by a public work, and, subject to this section, the provisions of that Act relating to compensation shall, as far as they are applicable and with the necessary modifications, apply accordingly.
6: An order under this section is secondary legislation ( see Part 3
7: If an order authorises under subsection (3) the granting of exemptions,—
a: the instrument granting an exemption is secondary legislation ( see Part 3
b: the order must contain a statement to that effect. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (6). Legislation Act 2019 requirements for secondary legislation referred to in subsection (6) 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. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (7)﻿(a). Legislation Act 2019 requirements for secondary legislation referred to in subsection (7)﻿(a) Publication See the relevant publication, presentation, and disallowance table in the secondary legislation referred to in subsection (6) LA19 ss 73 74 cl 14 Presentation The Minister must present it to the House of Representatives, unless a transitional exemption applies under Schedule 1 LA19 s 114 cl 32 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 9(1) amended 24 May 2013 section 4(1) Wildlife Amendment Act 2013 Section 9(1) amended 24 May 2013 section 4(3) Wildlife Amendment Act 2013 Section 9(1) amended 24 May 2013 section 4(7) Wildlife Amendment Act 2013 Section 9(1) amended 21 October 1959 Wildlife Amendment Act 1959 Section 9(1) proviso paragraph (a) amended 24 May 2013 section 4(2) Wildlife Amendment Act 2013 Section 9(1) proviso paragraph (a) amended 1 April 1987 section 65(1) Conservation Act 1987 Section 9(1) proviso paragraph (aa) inserted 21 October 1959 Wildlife Amendment Act 1959 Section 9(1) proviso paragraph (aa) amended 24 May 2013 section 4(2) Wildlife Amendment Act 2013 Section 9(1) proviso paragraph (aa) amended 24 May 2013 section 4(4) Wildlife Amendment Act 2013 Section 9(1) proviso paragraph (aa) amended 1 April 1987 section 65(1) Conservation Act 1987 Section 9(1) proviso paragraph (aa) amended 1 September 1972 Ministry of Transport Amendment Act 1972 Section 9(1) proviso paragraph (b) replaced 1 April 1987 section 65(1) Conservation Act 1987 Section 9(1) proviso paragraph (d) repealed 1 April 1987 section 65 (1) Conservation Act 1987 Section 9(2) amended 24 May 2013 section 4(5) Wildlife Amendment Act 2013 Section 9(2)﻿(c) amended 24 May 2013 section 4(7) Wildlife Amendment Act 2013 Section 9(2)﻿(d) amended 24 May 2013 section 4(7) Wildlife Amendment Act 2013 Section 9(2)﻿(e) amended 24 May 2013 section 4(7) Wildlife Amendment Act 2013 Section 9(2)﻿(f) amended 24 May 2013 section 4(7) Wildlife Amendment Act 2013 Section 9(2)﻿(h) amended 24 May 2013 section 4(7) Wildlife Amendment Act 2013 Section 9(2)﻿(i) amended 24 May 2013 section 4(7) Wildlife Amendment Act 2013 Section 9(2)﻿(n) replaced 19 September 1980 Wildlife Amendment Act 1980 Section 9(3) amended 24 May 2013 section 4(6) Wildlife Amendment Act 2013 Section 9(3) amended 24 May 2013 section 4(7) Wildlife Amendment Act 2013 Section 9(3) amended 1 April 1987 section 65(1) Conservation Act 1987 Section 9(4) replaced 15 October 2000 section 8 Wildlife (Penalties and Related Matters) Amendment Act 2000 Section 9(4) amended 25 October 2013 section 19 Conservation (Natural Heritage Protection) Act 2013 Section 9(4) amended 24 May 2013 section 4(3) Wildlife Amendment Act 2013 Section 9(4) amended 24 May 2013 section 4(6) Wildlife Amendment Act 2013 Section 9(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 9(7) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
10: All wildlife in sanctuaries absolutely protected
Subject to any provision to the contrary in any Order in Council section 9 section 11 Section 10 amended 24 May 2013 section 5 Wildlife Amendment Act 2013
11: Destruction or seizure of certain animals found in sanctuaries
1: Where the Director-General Director-General
2: The destruction of any animal or bird pursuant to an authority granted under subsection (1) shall not confer any right to compensation on any person.
3: In subsection (1) the expression animal or bird
4: All unbranded cattle, sheep, horses, mules, asses, pigs, or goats found in any wildlife sanctuary (not being animals belonging to the occupier of any land included in the sanctuary) may be seized by a ranger, and shall thereupon be deemed to be forfeited to the Crown, and any ranger may cause any such animals to be destroyed, sold, or otherwise disposed of if so authorised by the Director-General
5: All branded cattle, sheep, horses, mules, asses, pigs, or goats found in any wildlife sanctuary (not being animals belonging to the occupier of any land included in the sanctuary) may be seized by a ranger authorised in writing by the Director-General Section 11(1) amended 1 April 1987 section 65(1) Conservation Act 1987 Section 11(4) amended 1 April 1987 section 65(1) Conservation Act 1987 Section 11(5) amended 1 April 1987 section 65(1) Conservation Act 1987
12: Mining privileges, coal mining rights, and public works
Section 12 repealed 1 April 1980 Coal Mines Act 1979
13: Seizure of wildlife, etc, illegally taken
Any officer of the Department, or any officer of any other department in which for the time being is vested the control of any wildlife sanctuary, or any other person acting with the written authority of the Director-General subsection (1) of section 39 Section 13 amended 1 April 1987 section 65(1) Conservation Act 1987 Wildlife refuges
14: Wildlife refuges
1: Notwithstanding anything to the contrary in the Conservation Act 1987 provided that—
a: no Proclamation issued under this subsection shall affect any land of the Crown unless it is issued on the joint recommendation of the Minister of Conservation
aa: no Proclamation issued under this subsection shall affect any waters of the sea or of any harbour within the meaning of the Harbours Act 1950 Conservation the Minister of Transport
b: land held for a public work other than a wildlife refuge that is required for a wildlife refuge may be declared to be a wildlife refuge only by a notice under section 191
c:
d: any Proclamation issued under this subsection may be revoked without the consent of the occupier:
e: a conservation area within the meaning of the Conservation Act 1987 section 18 Conservation Act 1987
f: any Proclamation issued under this subsection may prohibit or restrict the pollution of any wildlife refuge by means of rubbish, sewage, industrial waste, mining debris, sawmill refuse, or any other means.
1A: Where a wildlife refuge has been declared under subsection (1), the Governor-General may, by the Proclamation or notice notice notice provided that nothing in any such prohibition or restriction shall derogate from any provision of the Harbours Act 1950 Shipping and Seamen Act 1952
1B: Any prohibition or restriction under subsection (1A) may be absolute or conditional, and the Proclamation or notice Director-General
1C: Every person commits an offence against this Act and is liable on conviction to the penalty set out in section 67F(5) notice notice
2: Where a wildlife refuge has been declared under subsection (1), the Minister may authorise in writing the occupier of any land included in the wildlife refuge or any other person having the authority of the occupier—
a: to keep or bring domestic animals on or onto the land:
b: to keep or bring firearms or explosives on or onto the land:
c: to discharge firearms or explosives on the land:
d: to destroy any animals specified in Schedule 2 Schedule 5 Schedule 6
e: to do any other acts necessary for the carrying on of the normal use of the land, subject to such conditions as may be prescribed in the Proclamation.
2A: Any officer of the Department of Conservation subsection (1) of section 38 Director-General Schedule 2 Schedule 5 Schedule 6
3: While any Proclamation or notice subsection (2) or subsection (2A) subsection (2) of section 5 section 53 section 54
3A: Every person who contravenes subsection (3) commits an offence against this Act and is liable on conviction to the penalty set out in section 67F(5)
4: Notwithstanding anything in this Act or in any regulations under this Act, the performance in any wildlife refuge by any person of any act authorised by the Minister under subsection (2) shall not be deemed a breach of this Act.
5: Every sanctuary constituted at the commencement of this Act by a warrant under section 6 of the Animals Protection and Game Act 1921–22 shall be deemed to be a wildlife refuge for the purposes of this Act.
6: The following are secondary legislation ( see Part 3
a: a Proclamation under subsection (1) that includes a prohibition or restriction described in subsection (1A):
b: a Proclamation under subsection (1A).
7: If a Proclamation authorises under subsection (1B) the granting of exemptions,—
a: the instrument granting an exemption is secondary legislation ( see Part 3
b: the Proclamation must contain a statement to that effect. 1921–22 No 57 s 6 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (6). Legislation Act 2019 requirements for secondary legislation referred to in subsection (6) Publication The maker must publish it in the Gazette LA19 ss 13 73 74(1)﻿(a) cl 14 Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 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. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (7)﻿(a). Legislation Act 2019 requirements for secondary legislation referred to in subsection (7)﻿(a) Publication If the Proclamation under which it is made was made before 28 October 2021, the maker must comply with any requirements to publish, notify, or otherwise make it available that applied under this Act or the Proclamation immediately before that date LA19 ss 69 73 74 If the Proclamation under which it is made was made on or after 28 October 2021, the maker must publish it in accordance with the Legislation (Publication) Regulations 2021 Presentation The Minister must present it to the House of Representatives, unless it is excluded by section 114(2) clause 32 LA19 s 114 cl 32 Disallowance It may be disallowed by the House of Representatives, unless it is excluded by section 115 LA19 ss 115 116 This note is not part of the Act. Section 14(1) amended 1 April 1987 section 65(1) Conservation Act 1987 Section 14(1) proviso paragraph (a) amended 1 April 1987 section 65(1) Conservation Act 1987 Section 14(1) proviso paragraph (aa) inserted 21 October 1959 Wildlife Amendment Act 1959 Section 14(1) proviso paragraph (aa) amended 1 April 1987 section 65(1) Conservation Act 1987 Section 14(1) proviso paragraph (aa) amended 1 September 1972 Ministry of Transport Amendment Act 1972 Section 14(1) proviso paragraph (b) amended 6 December 1983 Wildlife Amendment Act 1983 Section 14(1) proviso paragraph (c) repealed 1 April 1987 section 65(1) Conservation Act 1987 Section 14(1) proviso paragraph (d) inserted 19 September 1980 Wildlife Amendment Act 1980 Section 14(1) proviso paragraph (e) replaced 1 April 1987 section 65(1) Conservation Act 1987 Section 14(1) proviso paragraph (e) amended 22 October 2003 section 3 Wildlife Amendment Act 2003 Section 14(1) proviso paragraph (f) inserted 19 September 1980 Wildlife Amendment Act 1980 Section 14(1A) inserted 10 May 1956 Wildlife Amendment Act 1956 Section 14(1A) amended 6 December 1983 Wildlife Amendment Act 1983 Section 14(1B) inserted 10 May 1956 Wildlife Amendment Act 1956 Section 14(1B) amended 1 April 1987 section 65(1) Conservation Act 1987 Section 14(1B) amended 6 December 1983 Wildlife Amendment Act 1983 Section 14(1C) inserted 10 May 1956 Wildlife Amendment Act 1956 Section 14(1C) amended 25 October 2013 section 20(1) Conservation (Natural Heritage Protection) Act 2013 Section 14(1C) amended 15 October 2000 section 8 Wildlife (Penalties and Related Matters) Amendment Act 2000 Section 14(1C) amended 6 December 1983 Wildlife Amendment Act 1983 Section 14(2)﻿(d) replaced 17 November 1964 Wildlife Amendment Act 1964 Section 14(2A) inserted 21 October 1959 Wildlife Amendment Act 1959 Section 14(2A) amended 1 April 1987 section 65(1) Conservation Act 1987 Section 14(2A) amended 17 November 1964 Wildlife Amendment Act 1964 Section 14(3) amended 6 December 1983 Wildlife Amendment Act 1983 Section 14(3) amended 21 October 1959 Wildlife Amendment Act 1959 Section 14(3A) inserted 15 October 2000 section 8 Wildlife (Penalties and Related Matters) Amendment Act 2000 Section 14(3A) amended 25 October 2013 section 20(2) Conservation (Natural Heritage Protection) Act 2013 Section 14(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 14(7) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Wildlife management reserves Heading inserted 19 September 1980 Wildlife Amendment Act 1980
14A: Wildlife management reserves
1: Notwithstanding anything to the contrary in the Conservation Act 1987 provided that—
a: no Proclamation issued under this subsection shall affect any land of the Crown unless it is issued on the joint recommendation of the Minister of Conservation
b: no Proclamation issued under this subsection shall affect any waters of the sea or of any harbour within the meaning of the Harbours Act 1950 unless it is issued on the joint recommendation of the Minister of Conservation
c: no Proclamation issued under this subsection shall affect any land owned or leased by a Fish and Game Council without the consent of that Council:
d: land held for a public work other than a wildlife management reserve that is required for a wildlife management reserve may be declared to be a wildlife management reserve only pursuant to section 191
e: a conservation area within the meaning of the Conservation Act 1987 section 18
f: any Proclamation issued under this subsection may be revoked without the consent of the occupier.
2: Without limiting the general power to prescribe conditions conferred by subsection (1), the Governor-General may from time to time, by Proclamation, impose conditions with respect to any wildlife management reserve in relation to all or any of the matters specified in section 9(2)
3: Any prohibition or restriction imposed by a Proclamation under this section may be absolute or conditional, and the Proclamation may authorise the Minister or the Director-General
4: Every person commits an offence against this Act and is liable on conviction to the penalty set out in section 67F(5)
5: A Proclamation under this section is secondary legislation ( see Part 3
6: If a Proclamation authorises under subsection (3) the granting of exemptions,—
a: the instrument granting an exemption is secondary legislation ( see Part 3
b: the Proclamation must contain a statement to that effect. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (5). Legislation Act 2019 requirements for secondary legislation referred to in subsection (5) Publication The maker must publish it in the Gazette LA19 ss 13 73 74(1)﻿(a) cl 14 Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 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. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (6)﻿(a). Legislation Act 2019 requirements for secondary legislation referred to in subsection (6)﻿(a) Publication If the Proclamation under which it is made was made before 28 October 2021, the maker must comply with any requirements to publish, notify, or otherwise make it available that applied under this Act or the Proclamation immediately before that date LA19 ss 69 73 74 If the Proclamation under which it is made was made on or after 28 October 2021, the maker must publish it in accordance with the Legislation (Publication) Regulations 2021 Presentation The Minister must present it to the House of Representatives, unless it is excluded by section 114(2) clause 32 LA19 s 114 cl 32 Disallowance It may be disallowed by the House of Representatives, unless it is excluded by section 115 LA19 ss 115 116 This note is not part of the Act. Section 14A inserted 19 September 1980 Wildlife Amendment Act 1980 Section 14A(1) amended 1 April 1987 section 65(1) Conservation Act 1987 Section 14A(1) proviso paragraph (a) amended 1 April 1987 section 65(1) Conservation Act 1987 Section 14A(1) proviso paragraph (b) amended 1 April 1987 section 65(1) Conservation Act 1987 Section 14A(1) proviso paragraph (b) amended 6 December 1983 Wildlife Amendment Act 1983 Section 14A(1) proviso paragraph (c) replaced 10 April 1990 section 67 Conservation Law Reform Act 1990 Section 14A(1) proviso paragraph (d) amended 1 February 1982 section 248(1) Public Works Act 1981 Section 14A(1) proviso paragraph (e) replaced 1 April 1987 section 65(1) Conservation Act 1987 Section 14A(3) amended 1 April 1987 section 65(1) Conservation Act 1987 Section 14A(4) amended 25 October 2013 section 21 Conservation (Natural Heritage Protection) Act 2013 Section 14A(4) amended 15 October 2000 section 8 Wildlife (Penalties and Related Matters) Amendment Act 2000 Section 14A(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 14A(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
14AA: Granting of concessions in wildlife sanctuaries, wildlife refuges, and wildlife management reserves
1: The Minister may, in accordance with Part 3B
2: The Minister may impose a reasonable charge for the use of any facilities (other than a path or track) provided by the Minister in or in respect of any such sanctuary, refuge, or reserve.
3: Any person who, in accordance with any concession or other consent of the Minister,—
a: has erected any structure or facility in any sanctuary, refuge, or reserve; or
b: uses for camping sites or for parking places for vehicles any part of any sanctuary, refuge, or reserve; or
c: carries on any activity in any sanctuary, refuge, or reserve— may, subject to the relevant conservation management strategy or conservation management plan (if any) and the terms and conditions (if any) of the concession document or other consent concerned, impose a reasonable charge in respect of the carrying on or products of the activity.
4: Nothing in this section authorises any person to do anything on or in respect of any private land. Section 14AA inserted 1 July 1996 section 3(1) Wildlife Amendment Act 1996 Management planning Heading replaced 10 April 1990 section 68 Conservation Law Reform Act 1990
14B: Wildlife areas to be managed by Department
Subject to this Act, the Department shall manage all wildlife sanctuaries, wildlife refuges, and wildlife management reserves in accordance with—
a: any statements of general policy approved under section 14C
b: any conservation management strategy and any conservation management plan for the time being in force for the area concerned. Section 14B replaced 10 April 1990 section 68 Conservation Law Reform Act 1990
14C: General policy
1: The Minister may approve statements of general policy for the implementation of this Act in any area or areas; and may from time to time amend any such statement in the light of changing circumstances or increased knowledge.
2: Nothing in any such general policy shall derogate from any provision in this Act or any other Act.
3: For the purposes of this section, sections 17B 17N Section 14C replaced 10 April 1990 section 68 Conservation Law Reform Act 1990
14D: Conservation management strategies
1: Every conservation management strategy shall establish objectives for the management of wildlife, including any species and any wildlife sanctuary, wildlife refuge, and wildlife management reserve in the area to which it relates.
2: No work (other than necessary work associated with the day-to-day administration and management of the wildlife sanctuary, wildlife refuge, or wildlife management reserve) shall be undertaken on any wildlife sanctuary, wildlife refuge, or wildlife management reserve before a conservation management strategy or conservation management plan for that area is approved. Section 14D inserted 10 April 1990 section 68 Conservation Law Reform Act 1990
14E: Conservation management plans
1: The purpose of a conservation management plan under this section is to establish objectives for the management of any wildlife sanctuary, wildlife refuge, or wildlife management reserve, or any combination of them.
2: Nothing in section 41
3: Subject to subsection (4) sections 17E 17G 17H 17I 17N
4: Where a draft conservation management plan under this section relates to a wildlife sanctuary, wildlife refuge, or wildlife management reserve established on land other than land of the Crown, the Director-General may determine that the provisions of paragraphs (a) to (j) of section 17F section 17G(1)
5: All management plans approved under this Act before the commencement of this section shall be deemed to have been approved under this section. Section 14E inserted 10 April 1990 section 68 Conservation Law Reform Act 1990 Section 14E(3) amended 25 November 1994 Wildlife Amendment Act 1994
14F: Population management plans
1: The Minister may from time to time approve a population management plan in respect of 1 or more species, being threatened species or other species of marine wildlife, containing all or any of the following matters in respect of each species:
a: an assessment of the biology and status of the species:
b: an assessment of any known fisheries interaction with the species:
c: an assessment of the degree of risk caused by fishing-related mortality and other human-induced sources of mortality to the species, whether within New Zealand fisheries waters or elsewhere within the range of the species:
d: an estimate of the range of human-induced mortality for the species which would allow the criteria specified in section 14G
e: an estimate of the range of fishing-related mortality for the species which would allow the criteria specified in section 14G
f: the maximum allowable level of fishing-related mortality for the species, in New Zealand fisheries waters, which would allow the criteria specified in section 14G
g: subject to section 14H
h: recommendations to the Minister of Fisheries on measures to mitigate the fishing-related mortality of the species:
i: recommendations to the Minister of Fisheries on the standard of information to be collected on fishing-related mortality.
2: In the case of any marine wildlife ranging outside New Zealand fisheries waters, the maximum allowable level of fishing-related mortality set under paragraph (f) or paragraph (g) of subsection (1) shall be based on a fair and equitable consideration of the proportion that the estimated fishing-related mortality of that species within those waters is to the total estimated fishing-related mortality of that species in all waters (including waters outside New Zealand fisheries waters). Section 14F inserted 1 October 1996 section 316(1) Fisheries Act 1996
14G: Determining maximum allowable level of fishing-related mortality
In determining the maximum allowable level of fishing-related mortality for threatened species or any other marine wildlife under section 14F(1)﻿(f)
a: in the case of any threatened species, shall determine a level of fishing-related mortality which should allow the species to achieve non-threatened status as soon as reasonably practicable, and in any event within a period not exceeding 20 years:
b: in the case of any other marine wildlife, shall determine a level of fishing-related mortality which should neither cause a net reduction in the size of the population nor seriously threaten the reproductive capacity of the species. Section 14G inserted 1 October 1996 section 316(1) Fisheries Act 1996
14H: Determining area-based maximum levels of fishing-related mortality
1: Area-based limits set under section 14F(1)﻿(g)
a: for populations of threatened species that are geographically or genetically discrete; and
b: for areas corresponding to areas having effect under the Fisheries Act 1996
2: In setting any area-based limit for a threatened species under section 14F(1)﻿(g) Section 14H inserted 1 October 1996 section 316(1) Fisheries Act 1996
14I: Procedure for preparation and approval of population management plans
1: Population management plans shall be prepared and approved as follows:
a: the Director-General shall prepare every population management plan in consultation with every Conservation Board affected by the proposal and with such persons as the Director-General considers are representative of those classes of persons interested in the plan, including such persons or organisations as the Director-General considers are representative of Maori, environmental interests, commercial interests, and recreational interests:
b: the Director-General shall then publish notice of the draft plan at least once in each of the daily newspapers published in Auckland, Wellington, Christchurch, and Dunedin, respectively:
c: every notice under paragraph (b) shall—
i: state that the draft plan is available for inspection at the places and times specified in the notice; and
ii: call upon persons or organisations interested to lodge with the Director-General submissions on the draft before the date specified for the purpose in the notice, being a date not less than 40 working days after the date of the publication of the notice; and
iii: require any person who wishes to be heard in support of the person's submission to so advise the Director-General:
d: any person or organisation may make written submissions to the Director-General on any draft plan, at the place and before the date specified for the purpose in the notice:
e: from the time of publication of a draft plan until public opinion on it has been made known to the Director-General, he or she shall make the draft available for public inspection during normal office hours, in such places and quantities as are likely to encourage public participation in the development of the proposal:
f: the Director-General shall give every person or organisation who or which, in making submissions on the draft, asked to be heard in support of his or her or its comments a reasonable opportunity of appearing before the Director-General or the Director-General's representative or representatives:
g: the Director-General, or his or her representative or representatives, may hear submissions from any other person or organisation consulted on the draft:
h: the Director-General shall prepare a summary of the submissions received on the draft and public opinion made known on the draft:
i: after considering such submissions and public opinion, the Director-General may revise the draft:
j: the Director-General shall send to the Minister of Fisheries and to the New Zealand Conservation Authority a copy of the summary prepared under paragraph (h) together with a copy of the draft plan:
k: the New Zealand Conservation Authority shall consider the summary of submissions and the draft plan and send to the Minister and the Director-General any comments on the draft:
l: the Director-General, after having regard to any comments received under paragraph (k),—
i: may amend the draft:
ii: shall send to the Minister the summary prepared under paragraph (h) together with a copy of the draft plan:
m: after having regard to—
i: the provisions of sections 14F 14G 14H
ii: all submissions made on the draft plan; and
iii: such other matters as the Minister considers relevant,— the Minister may approve the plan subject to the concurrence of the Minister of Fisheries and refer it to that Minister for concurrence:
n: the Minister of Fisheries may concur to the draft plan after having regard to the impacts of implementing the maximum allowable level of fishing-related mortality on commercial fishing and such other matters as that Minister considers relevant:
o: the Minister, with the concurrence of the Minister of Fisheries, may approve the plan:
p: the approved plan shall be available for public inspection at the head office of the Department of Conservation at such times as may be specified in the notice given in respect of the plan under subsection (2).
2: The Director-General shall, by notice in the Gazette
a: the species to which the approved plan relates; and
b: the maximum allowable level of fishing-related mortality specified in the approved plan; and
c: the times at which the approved plan is available for public inspection at the head office of the Department of Conservation.
3: Any approved plan may be amended, and paragraph (a) and paragraphs (l) to (p) of subsection (1) and subsection (2) shall apply to every such amendment with any necessary modifications. Section 14I inserted 1 October 1996 section 316(1) Fisheries Act 1996
2: Game
15: Open season for game
1: Every Fish and Game Council shall, through the New Zealand Fish and Game Council, recommend for approval by the Minister a draft set of conditions it considers should be included in the notice
2: The New Zealand Fish and Game Council shall, if satisfied as to the form of the notice, submit it for the Minister's approval.
3: The Minister may—
a: approve the Council's draft notice; or
b: require the Council to amend the draft notice in such manner as the Minister may specify.
4: As soon as practicable after the draft notice is approved by the Minister, the New Zealand Fish and Game Council must arrange for it to be published under the Legislation Act 2019
5: At any time during an open game season declared under subsection (4), the notice published in respect of that season may in like manner—
a: be amended; or
b: be revoked and be replaced by a new notice.
6: Every person who hunts or kills any game during a close season commits an offence against this Act and is liable on conviction to the penalty set out in section 67E(3)
7: A notice under this section is secondary legislation ( see Part 3
8: The Legislation Act 2019
a: the Minister were the maker of the notice; and
b: the notice were made by the Minister approving it. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (7). Legislation Act 2019 requirements for secondary legislation referred to in subsection (7) Publication The New Zealand Fish and Game Council must publish it in the Gazette LA19 ss 73 74(1)﻿(a) cl 14 Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 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 15 replaced 13 March 1996 section 4 Wildlife Amendment Act 1996 Section 15(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 15(4) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 15(6) replaced 15 October 2000 section 8 Wildlife (Penalties and Related Matters) Amendment Act 2000 Section 15(7) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 15(8) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
16: Notification as to conditions on which open season declared
1: Every notification of
a: the particular species or sex of game that may be hunted or killed during that open season:
b: the areas (if any) declared to be closed game areas:
bb: the number of decoys that may be used by any person for the purpose of hunting or killing any game:
c: the number of game that may be taken or killed by any one person on any one day:
cc: the number of game which may be had in possession by any one person on any one day; but different numbers may
d: such other conditions (if any) as he thinks fit to impose respecting the hunting or killing during that open season of game or any particular species or sex thereof.
2: Every person who hunts or kills game, or during any open season has in his or her possession any game, otherwise than in terms of a notification, commits an offence against this Act and is liable on conviction to the penalty set out in section 67E(3)
3: In any prosecution for an offence that the defendant has in his or her possession a number of game in excess of the number specified in a notification, it is a defence if the defendant proves that the excess game were taken by some other person or persons and all the game in the possession of the defendant have affixed or tied to the game a label on which the following particulars are legibly written:
a: the names and addresses of the persons by whom the game were taken; and
b: the numbers of the game licences
c: the name of the Fish and Game Council by which those game
d: the date or dates on which the game were taken. 1921–22 No 57 s 10 Section 16(1) amended 13 March 1996 section 5(1)﻿(a) Wildlife Amendment Act 1996 Section 16(1)﻿(bb) inserted 17 November 1964 Wildlife Amendment Act 1964 Section 16(1)﻿(cc) inserted 21 October 1959 Wildlife Amendment Act 1959 Section 16(1)﻿(cc) amended 13 March 1996 section 5(1)﻿(b) Wildlife Amendment Act 1996 Section 16(2) replaced 15 October 2000 section 8 Wildlife (Penalties and Related Matters) Amendment Act 2000 Section 16(3) replaced 15 October 2000 section 8 Wildlife (Penalties and Related Matters) Amendment Act 2000 Section 16(3)﻿(b) amended 16 December 2017 section 88(1) Electronic Interactions Reform Act 2017 Section 16(3)﻿(c) amended 16 December 2017 section 88(2) Electronic Interactions Reform Act 2017
17: Hunting or killing in game areas
1: In this section— designated area food waterfowl waters
2: Every person who, without the consent of the Minister, hunts or kills waterfowl in any designated area where, during an open season for game or within the period of 30 days immediately preceding the open season, any food has been cast, thrown, placed, or planted commits an offence against this Act and is liable on conviction to the penalty set out in section 67E(3)
3: Every person who hunts or kills waterfowl in a designated area within which the waters were artificially formed during an open season for game or within the period of 30 days immediately preceding that open season commits an offence against this Act and is liable on conviction to the penalty set out in section 67E(3)
4: Every consent of the Minister under subsection (2) Fish and Game Council the area concerned Conservation Director-General
4A: A notice under subsection (4) is secondary legislation ( see Part 3
5: Where any Fish and Game Council Fish and Game Council Fish and Game Council
6: Every person commits an offence against this Act and is liable to the penalty set out in section 67E(3)
a: in which, or in the near vicinity of which, there is a notice under subsection (5) erected or affixed during that open season or within the period of 30 days immediately preceding that open season; or
b: in which the occupier of the land has informed him that food had been cast, thrown, placed, or planted, or that the waters have been artificially formed, during that open season or within the period of 30 days immediately preceding that open season; or
c: in which he otherwise knows that food has been cast, thrown, placed, or planted, or that the waters have been artificially formed, during that open season or within the period of 30 days immediately preceding that open season.
7: Every person commits an offence against this Act and is liable to the penalty set out in section 67F(1)
8: Every occupier of land commits an offence against this Act and is liable to the penalty set out in section 67E(1) 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 The maker must publish it in the Gazette LA19 ss 73 74(1)﻿(a) cl 14 Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 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 17 replaced 20 October 1972 Wildlife Amendment Act 1972 Section 17(2) replaced 15 October 2000 section 8 Wildlife (Penalties and Related Matters) Amendment Act 2000 Section 17(3) replaced 15 October 2000 section 8 Wildlife (Penalties and Related Matters) Amendment Act 2000 Section 17(4) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 17(4) amended 10 April 1990 section 70(a) Conservation Law Reform Act 1990 Section 17(4) amended 10 April 1990 section 70(b) Conservation Law Reform Act 1990 Section 17(4) amended 1 April 1987 section 65(1) Conservation Act 1987 Section 17(4A) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 17(5) amended 10 April 1990 section 70(c) Conservation Law Reform Act 1990 Section 17(6) amended 15 October 2000 section 8 Wildlife (Penalties and Related Matters) Amendment Act 2000 Section 17(7) amended 15 October 2000 section 8 Wildlife (Penalties and Related Matters) Amendment Act 2000 Section 17(8) amended 15 October 2000 section 8 Wildlife (Penalties and Related Matters) Amendment Act 2000
18: Restrictions on the taking of game
1: Save as otherwise expressly provided in this Act or except in such circumstances and at such times, areas, and places and subject to such conditions as may from time to time be authorised pursuant to a notice
a: trap game in any manner whatever or take any game by means of traps or by any means other than by shooting with a shotgun: provided that a dog may be used in conjunction with a shotgun for the purpose of finding, flushing, or retrieving any game:
b: erect or set any trap, net, snare, or other device for the purpose of taking any game:
c: hunt or kill any game with—
i: any swivel gun or punt gun; or
ii: any rifle; or
iii: any shotgun having a magazine of any type, unless the magazine is so adjusted in accordance with regulations made under this Act that the magazine is incapable of holding more than 1 shell; or
iv: any shotgun other than a shoulder gun; or
v: any shotgun the gauge of which is greater than that known as 12 gauge:
d: use any apparatus for the purpose of silencing the report of a shotgun being used for the purpose of hunting or killing game:
e: in hunting or killing any game from any stand, hide, shelter, maimai, mudhole, boat, louvre, or other contrivance, use more than 1 shotgun: provided that any person so engaged may have 1, and not more than 1, further shotgun in a condition not immediately suitable for use and held for use only in the event of the first shotgun becoming damaged or otherwise unfit for use:
f: for the purpose of hunting or killing any game use—
i: any live decoy; or
ii:
iii: any cylinder or mudhole or similar device in any lake, lagoon, pond, river, estuary, or other open water, whether natural or artificially constructed, unless the sides of the cylinder or mudhole or device project not less than 60 centimetres
iv: any aircraft, motor vehicle, or other vehicle propelled by mechanical power: provided that nothing in this subparagraph shall be deemed to prevent any person from using any aircraft or vehicle for the purpose of travelling generally or to any place where he intends to hunt or kill game or of returning from any such place; or
v: on any lake, lagoon, pond, river, estuary, or other water (whether natural or artificially constructed), any vessel (other than a row boat) in driving, chasing, unduly disturbing, putting to flight provided that nothing in this subparagraph shall be deemed to prevent any person from using any vessel for camping purposes or for the purpose of travelling generally or to any place where he intends to kill or hunt game or of returning from any such place, or, subject to the foregoing provisions of this subparagraph and to the provisions of subparagraph (vi), to prohibit shooting from a moored vessel or to prohibit the use of any vessel for the purpose of retrieving game that has been killed or wounded
vi: any unmoored floating stand, hide, shelter, maimai, or louvre, or any unmoored boat artificially dressed or covered in any way:
g: by any means spread oil on any water for the purpose of hunting or killing any game or for the purpose of preventing game from alighting on that water or on any part thereof
h: use any light for the purpose of hunting or killing any game.
1A: Every person who contravenes subsection (1) section 67E(3)
2: For the purposes of paragraph (f) of subsection (1)— decoy row boat or poles vessel
3: A notice under subsection (1) is secondary legislation ( see Part 3 1921–22 No 57 ss 11(1), 12, 13 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 The maker must publish it in the Gazette LA19 ss 73 74(1)﻿(a) cl 14 Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 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 18(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 18(1) amended 6 December 1983 Wildlife Amendment Act 1983 Section 18(1)﻿(c)﻿(iii) replaced 17 November 1964 Wildlife Amendment Act 1964 Section 18(1)﻿(d) replaced 21 November 1973 Wildlife Amendment Act 1973 Section 18(1)﻿(f)﻿(ii) repealed 17 November 1964 Wildlife Amendment Act 1964 Section 18(1)﻿(f)﻿(iii) amended 21 November 1973 Wildlife Amendment Act 1973 Section 18(1)﻿(f)﻿(v) amended 21 October 1959 Wildlife Amendment Act 1959 Section 18(1)﻿(f)﻿(v) proviso amended 21 October 1959 Wildlife Amendment Act 1959 Section 18(1)﻿(f)﻿(vi) amended 6 December 1983 Wildlife Amendment Act 1983 Section 18(1)﻿(g) amended 21 October 1959 Wildlife Amendment Act 1959 Section 18(1A) inserted 15 October 2000 section 8 Wildlife (Penalties and Related Matters) Amendment Act 2000 Section 18(2) row boat amended 21 October 1959 Wildlife Amendment Act 1959 Section 18(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
19: Licence to hunt or kill game
1: Except as provided in subsection (3), every person who hunts or kills game of any species during an open season in any area, unless that person is the holder of a game licence section 67E(3)
2:
3: Notwithstanding anything in the foregoing provisions of this section, the occupier of any land, and the wife , husband, civil union partner, or de facto partner game licence game licence
4: In subsection (3) the term occupier
a: the person whose permanent and principal or only place of residence is on the land, if he resides on the land by virtue of the fact that he is—
i: the owner of the fee simple of the land; or
ii: the owner of a lease or licence of the land and the owner of the fee simple does not himself personally reside on the land; or
iii: the manager of a farming business carried on on the land by such an owner who does not himself personally reside on the land; or
iv: the sharemilker under a sharemilking agreement entered into with such an owner who does not himself personally reside on the land:
b: where there are several such persons, such one of them as is, by notice in writing signed by all of them and delivered to the Fish and Game Council for the area concerned
4A: In subsection (3) the term occupier Conservation Act 1987
5: On production to the Fish and Game Council subsection (4)﻿(b) Fish and Game Council game licence section 61(3) and is liable on conviction to the penalty set out in section 67E(1)
6: Where a person resides on land that is farmed in conjunction with any other land, he shall be deemed for the purposes of subsection (4) to reside on that other land also. 1921–22 No 57 s 14 Section 19(1) replaced 15 October 2000 section 8 Wildlife (Penalties and Related Matters) Amendment Act 2000 Section 19(1) amended 16 December 2017 section 89(1) Electronic Interactions Reform Act 2017 Section 19(2) repealed 15 October 2000 section 8 Wildlife (Penalties and Related Matters) Amendment Act 2000 Section 19(3) amended 16 December 2017 section 89(1) Electronic Interactions Reform Act 2017 Section 19(3) amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 19(4)﻿(b) amended 10 April 1990 section 71(1)﻿(c) Conservation Law Reform Act 1990 Section 19(4A) inserted 10 April 1990 section 71(2) Conservation Law Reform Act 1990 Section 19(5) amended 16 December 2017 section 89(2)﻿(a) Electronic Interactions Reform Act 2017 Section 19(5) amended 16 December 2017 section 89(2)﻿(b) Electronic Interactions Reform Act 2017 Section 19(5) amended 16 December 2017 section 89(2)﻿(c) Electronic Interactions Reform Act 2017 Section 19(5) amended 15 October 2000 section 8 Wildlife (Penalties and Related Matters) Amendment Act 2000 Section 19(5) amended 10 April 1990 section 71(1)﻿(d) Conservation Law Reform Act 1990
19A: Game bird habitat stamp
1: In any notification of an open season given under section 15 displayed on game licence
2: A game bird habitat stamp shall—
a: be in a form—
i: approved by the Minister on the recommendation of the New Zealand Fish and Game Council made after having regard to the views expressed by Fish and Game Councils and the New Zealand Game Bird Habitat Trust Board; and
ii: published in the Gazette
b: if the stamp is being obtained for the purpose of displaying it on game licence
3: The prescribed fee shall be payable in respect of every game bird habitat stamp supplied in respect of a game licence Section 19A inserted 17 May 1993 Wildlife Amendment Act 1993 Section 19A(1) amended 16 December 2017 section 90(1) Electronic Interactions Reform Act 2017 Section 19A(1) amended 16 December 2017 section 90(2) Electronic Interactions Reform Act 2017 Section 19A(2)﻿(b) amended 16 December 2017 section 90(2) Electronic Interactions Reform Act 2017 Section 19A(2)﻿(b) amended 16 December 2017 section 90(3) Electronic Interactions Reform Act 2017 Section 19A(3) amended 16 December 2017 section 90(2) Electronic Interactions Reform Act 2017
20: Limitation of licence
Section 20 repealed 6 December 1983 Wildlife Amendment Act 1983
21: Holder of
game
1: Except as otherwise expressly provided in this Act, or in any Proclamation or Order in Council or notice pursuant thereto, nothing in any game
2: In subsection (1), the term occupier
a: in the case of any reserve within the meaning of the Reserves Act 1977 Director-General
b: in the case of any land actually and exclusively used by any Fish and Game Council Fish and Game Council
c: in the case of any wildlife sanctuary, wildlife refuge, or wildlife management reserve, the Minister or Director-General Director-General body
d: in any other case, the occupier. Section 21 replaced 6 December 1983 Wildlife Amendment Act 1983 Section 21 heading amended 16 December 2017 section 91(1) Electronic Interactions Reform Act 2017 Section 21(1) amended 16 December 2017 section 91(2) Electronic Interactions Reform Act 2017 Section 21(2)﻿(a) amended 1 April 1987 section 65(1) Conservation Act 1987 Section 21(2)﻿(b) amended 10 April 1990 section 72(a) Conservation Law Reform Act 1990 Section 21(2)﻿(c) amended 10 April 1990 section 72(b) Conservation Law Reform Act 1990 Section 21(2)﻿(c) amended 1 April 1987 section 65(1) Conservation Act 1987
22: Shooting of game not in flight prohibited
1: Except as provided in subsection (1A), every person who shoots at or attempts to shoot at any game bird not in flight commits an offence against this Act and is liable to the penalty set out in section 67E(3)
1A: No person commits an offence under subsection (1)—
a: who shoots at or attempts to shoot at any game bird already wounded by shooting:
b: where that person was acting in accordance with any authorisation under sections 53 54
c: where that person was acting in accordance with any notification given by the Minister.
2: For the purposes of this section—
a: a bird shall be deemed to be not in flight
b: subject to paragraph (a), a bird shall be deemed to be in flight Section 22(1) replaced 15 October 2000 section 8 Wildlife (Penalties and Related Matters) Amendment Act 2000 Section 22(1A) inserted 15 October 2000 section 8 Wildlife (Penalties and Related Matters) Amendment Act 2000
23: Sale of game and sale of shooting rights prohibited
1: Except with the prior consent of the Director-General
a: buy or sell any game or the eggs of any game:
b: for sale or for hire, gain, or reward, or hope thereof, hunt or kill any game or have any game or the eggs of any game in his possession:
c: induce any other person to hunt or kill game for the purposes of sale or have any game or the eggs of any game in his possession for the purposes of sale: provided that it shall be lawful for any person, pursuant to the prior written authority of the Director-General
2: No person shall sell or let for fee or reward any right to hunt or kill game on any land or on any water on or adjoining any land.
2A: Every person who contravenes subsections (1) or (2) commits an offence against this Act and is liable on conviction to the penalty set out in section 67E(1)
3: Where any person for rent or other valuable consideration grants a lease or licence of any duration of land on which or on water adjoining which game is usually prevalent, he shall be deemed for the purposes of subsection (2) to have let the right to hunt or kill game on that land or on that water, as the case may be, if the court, having regard to all the circumstances of the case, is satisfied that the sole or principal purpose of the lease or licence was to confer on the lessee or licensee the right to hunt or kill game on that land or water.
4: Nothing in this section—
a: prohibits the provision of game hunting guide services by a game hunting guide in accordance with this Act or the charging of fees in respect of such services; or
b: prevents the Minister granting to a game hunting guide any concession. 1921–22 No 57 s 16 Section 23(1) amended 1 April 1987 section 65(1) Conservation Act 1987 Section 23(1) proviso amended 1 April 1987 section 65(1) Conservation Act 1987 Section 23(2A) inserted 15 October 2000 section 8 Wildlife (Penalties and Related Matters) Amendment Act 2000 Section 23(4) inserted 13 March 1996 section 7 Wildlife Amendment Act 1996
3: Administration
Acclimatisation districts and societies Heading repealed 10 April 1990 section 73(2) Conservation Law Reform Act 1990
24: Acclimatisation districts
Section 24 repealed 10 April 1990 section 73(2) Conservation Law Reform Act 1990
25: Acclimatisation societies
Section 25 repealed 31 May 1990 section 74(2) Conservation Law Reform Act 1990
26: Societies to be bodies corporate
Section 26 repealed 31 May 1990 section 74(2) Conservation Law Reform Act 1990
27: Appointment to councils of societies of representatives of farming interests, etc
Section 27 repealed 31 May 1990 section 74(2) Conservation Law Reform Act 1990
28: Disqualification of officers of societies
Section 28 repealed 31 May 1990 section 74(2) Conservation Law Reform Act 1990
29: Rules of acclimatisation societies
Section 29 repealed 31 May 1990 section 74(2) Conservation Law Reform Act 1990
30: Functions of societies
Section 30 repealed 31 May 1990 section 74(2) Conservation Law Reform Act 1990
31: Appointment of officers and servants
Section 31 repealed 31 May 1990 section 74(2) Conservation Law Reform Act 1990
32: Societies may undertake research
Section 32 repealed 31 May 1990 section 74(2) Conservation Law Reform Act 1990
33: Expenditure by societies
Section 33 repealed 31 May 1990 section 74(2) Conservation Law Reform Act 1990
34: Annual reports and balance sheets of societies to be forwarded to Minister
Section 34 repealed 31 May 1990 section 74(2) Conservation Law Reform Act 1990
35: Failure of society to act
Section 35 repealed 31 May 1990 section 74(2) Conservation Law Reform Act 1990
36: Dissolution of societies
Section 36 repealed 31 May 1990 section 74(2) Conservation Law Reform Act 1990 Wildlife districts
37: Wildlife districts
1: The Governor-General may from time to time, by Proclamation, declare any portion of New Zealand to be a wildlife district for the purposes of this Act, subject to such conditions as may be specified in the Proclamation or as may be prescribed by regulations made under this Act, and may in like manner revoke or vary any such Proclamation.
2: Without limiting the general power conferred by subsection (1), any Proclamation or regulations made under or pursuant to that subsection may provide for any of the following matters:
a: the vesting in the Department or a Fish and Game Council of the control of all species or of any specified species of wildlife (other than game) in the wildlife district:
b: where no part of the wildlife district forms part of an area under the jurisdiction of a Fish and Game Council, the vesting in the Department of the control of game in the wildlife district:
c: where a part of the wildlife district also forms part of an area under the jurisdiction of a Fish and Game Council, the vesting in the Department of the control of game in such part of the wildlife district as does not form part of that area:
d: the prohibition in the wildlife district of the hunting, killing, taking, or disturbing in any manner whatever of wildlife other than game by any person without the express written consent of the Director-General.
3: Where the control of game in any part of a wildlife district is vested in the Department under this section, the provisions of this Act relating to game shall apply with respect to game in that part of the district as if that part were an area under the jurisdiction of a Fish and Game Council; and for that purpose the Director-General shall in that part have all the powers of a Fish and Game Council under this Act.
4: The following are secondary legislation ( see Part 3
a: a Proclamation under subsection (1):
b: a revocation or variation of a Proclamation under subsection (1). 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 The maker must publish it in the Gazette LA19 ss 13 73 74(1)﻿(a) cl 14 Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 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 37 replaced 10 April 1990 section 75 Conservation Law Reform Act 1990 Section 37(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Rangers
38: Rangers
1: There may from time to time be appointed under the provisions of the Public Service Act 2020
2: The Director-General
a: any suitable person (not being an employee of the public service
b: any suitable person to be a ranger in an honorary capacity for the purposes of this Act:
c: any servant of a Fish and Game Council
3: A ranger may be appointed for a particular district or area or to exercise his duties generally throughout New Zealand.
4: Every constable , and every warranted officer appointed under subsection (1) or deemed to have been appointed by subsection (9) of section 59 Director-General
5: Every ranger appointed under subsection (2) shall be appointed for such term, not exceeding 3 years, as the Director-General
6: Any ranger appointed under subsection (2) may at any time be removed from office by the Director-General Director-General
7: Any ranger appointed under subsection (2) shall, on the expiration of the term of his appointment, or on the sooner expiry of his appointment by removal from office or resignation, surrender to the Director-General
8: No person appointed by the Director-General Public Service Act 2020 the Government Superannuation Fund Act 1956
9: Every person (not being a constable) who at the commencement of this Act holds an appointment as a ranger under section 35 of the Animals Protection and Game Act 1921–22 shall be deemed to have ceased to hold that appointment as from the commencement of this Act. 1921–22 No 57 s 35; 1946 No 40 s 5 Section 38(1) amended 7 August 2020 section 135 Public Service Act 2020 Section 38(2) amended 1 April 1987 section 65(1) Conservation Act 1987 Section 38(2)﻿(a) amended 7 August 2020 section 135 Public Service Act 2020 Section 38(2)﻿(c) amended 10 April 1990 section 76(1) Conservation Law Reform Act 1990 Section 38(4) amended 10 April 1990 section 76(2) Conservation Law Reform Act 1990 Section 38(4) amended 1 April 1987 section 65(1) Conservation Act 1987 Section 38(5) amended 1 April 1987 section 65(1) Conservation Act 1987 Section 38(6) amended 1 April 1987 section 65(1) Conservation Act 1987 Section 38(7) amended 1 April 1987 section 65(1) Conservation Act 1987 Section 38(8) amended 7 August 2020 section 135 Public Service Act 2020 Section 38(8) amended 1 April 1987 section 65(1) Conservation Act 1987 Section 38(8) amended 1 November 1976 section 3(3) Government Superannuation Fund Amendment Act 1976
38A: Fish and game rangers to be rangers under this Act
Every fish and game ranger shall, by virtue of his or her office, be deemed to be a ranger appointed under this Act to exercise the duties of a ranger generally throughout New Zealand. Section 38A inserted 25 November 1994 Wildlife Amendment Act 1994
39: Powers of rangers
1: Every ranger may, in the exercise of his duty within the district or area for which he is appointed,—
a: seize any animal or any part of any animal or any egg or nest thereof illegally taken or had in possession, or which he reasonably believes to be illegally taken or had in possession:
b: seize all nets, traps, firearms, ammunition, boats, vehicles, engines, instruments, appliances, or devices that are being used or are intended to be used or have been used in breach of this Act, or that he reasonably believes are so being used or are intended to be so used or have been so used:
c: seize any bag, container, or other article (including any coat or other similar article of clothing) that is being used for the purpose of carrying any animal or any part of any animal or any egg or nest thereof illegally taken or had in possession or that he reasonably believes is being so used:
d: stop any vehicle, or any riding or pack animal, or any boat, launch, or other vessel, or any aircraft while on the ground or on the water, or any other device for carriage or transportation, or stop in transit any parcel, package, case, bag, luggage, or other container that is or that he reasonably believes to be in the possession of the owner or of any other person (including any carrier or forwarding agent, whether by land, sea, or air), if he has reason to believe or suspect that any breach of this Act or of any regulations under this Act has been committed by the owner or by the person in possession thereof or by any other person, and, in the presence of the owner or other person as aforesaid or of any servant of any of them, search any such vehicle, riding or pack animal, boat, launch, or other vessel, or aircraft, or other device for carriage or transportation, and in such presence as aforesaid open and search any such parcel, package, case, bag, luggage, or other container:
e: call on any person for assistance, and the person is authorised to assist the ranger—
i: in the exercise of a search power in accordance with section 113
ii: in the exercise of any other power if the person acts under the direction and supervision of the ranger:
f: at all times, without let or hindrance—
i: by any means whatever, enter upon, pass through, or remain on any land (other than a dwellinghouse or the enclosed garden or curtilage of any dwellinghouse) or any hut, tent, caravan, bach, or other erection (not being a permanent residence), or any shop, warehouse, factory, bond store, office, or any other premises of any description, or into or upon any lake, river, pond, lagoon, or other water (whether natural or artificially constructed):
ii: enter any vehicle, boat, launch, other vessel, or aircraft that is being used or is intended to be used or has been used in breach of this Act or that he reasonably believes is being or is intended to be or has been so used:
iii: search any land or any hut, tent, caravan, bach, or other erection (not being a permanent residence), or any shop, warehouse, factory, bond store, office, or other premises of any description, or any vehicle, boat, launch, other vessel, or aircraft referred to in subparagraph (ii) provided that any issuing officer (within the meaning of section 3
2: The production by a ranger of his warrant of appointment shall be sufficient evidence of that appointment.
3: 1921–22 No 57 s 36(1), (2) Section 39(1)﻿(e) replaced 13 March 2017 section 4(1) Wildlife (Powers) Amendment Act 2017 Section 39(1)﻿(f) proviso amended 1 October 2012 section 309(2)﻿(a) Search and Surveillance Act 2012 Section 39(1)﻿(f) proviso amended 1 October 2012 section 309(2)﻿(b) Search and Surveillance Act 2012 Section 39(3) repealed 13 March 2017 section 4(2) Wildlife (Powers) Amendment Act 2017
39A: Certain rangers to have additional powers
1: This section applies to a ranger who is not—
a: a fish and game ranger; or
b: a ranger appointed under section 38(2)
c: an honorary fishery officer, within the meaning given in section 2(1)
2: A ranger to whom this section applies may exercise the powers provided in sections 39B to 39D Section 39A inserted 13 March 2017 section 5 Wildlife (Powers) Amendment Act 2017
39B: Power to seize evidential material
A ranger to whom section 39A section 3(1) Section 39B inserted 13 March 2017 section 5 Wildlife (Powers) Amendment Act 2017
39C: Powers to require people to stop and to stop things or articles in transit
1: In exercising a power or duty under this Act, a ranger to whom section 39A
a: require a person to stop and to remain stopped for a period that is no longer than is reasonable in the circumstances; and
b: stop, and keep stopped for a period that is no longer than is reasonable in the circumstances, any thing or any article in transit.
2: This section does not limit the power in section 39(1)﻿(d) Section 39C inserted 13 March 2017 section 5 Wildlife (Powers) Amendment Act 2017
39D: Power to intervene to prevent offending
1: A ranger to whom section 39A
2: This section does not affect the power in section 39(1)﻿(f) Section 39D inserted 13 March 2017 section 5 Wildlife (Powers) Amendment Act 2017
39E: Certain people to have power of arrest
1: The Director-General may issue to a ranger to whom section 39A section 39F
2: The following people may also exercise the power of arrest under section 39F
a: every constable:
b: every officer in command of any vessel, aircraft, or unit of the New Zealand Defence Force:
c: every Customs officer (as defined in section 2(1)
d: every fishery officer appointed under section 196(1) Section 39E inserted 13 March 2017 section 5 Wildlife (Powers) Amendment Act 2017
39F: Power of arrest
1: A person authorised under section 39E arresting officer
a: the arresting officer believes on reasonable grounds that the person has committed or is committing an offence against a provision listed in section 67A(2)
b: the arresting officer believes on reasonable grounds that the person has committed or is committing an offence in relation to absolutely protected wildlife against section 56(4) section 63A
c: the arresting officer believes on reasonable grounds that the person is obstructing the investigation of an offence referred to in paragraph (a) or (b).
2: At the time of arrest, the arresting officer must, unless it is impracticable to do so,—
a: identify himself or herself; and
b: produce evidence that he or she is authorised under section 39E
c: tell the person that the power is being exercised under this Act; and
d: tell the person the reason for the arrest.
3: If the arresting officer is not a constable, the arresting officer must deliver the arrested person into the custody of a constable as soon as is reasonably practicable (unless the person is sooner released). Section 39F inserted 13 March 2017 section 5 Wildlife (Powers) Amendment Act 2017
39G: Application of Search and Surveillance Act 2012
Part 4 section 39(1) sections 39B to 39F Section 39G inserted 13 March 2017 section 5 Wildlife (Powers) Amendment Act 2017
40: Obstructing persons acting under this Act
1: A person must not—
a: wilfully resist, impede, or obstruct a person acting under this Act; or
b: wilfully incite or encourage another person to resist, impede, or obstruct a person acting under this Act; or
c: wilfully use abusive or threatening language to, or behave in a threatening manner to, a person acting under this Act; or
d: wilfully fail to comply with a lawful demand made by a person acting under this Act (including a requirement under section 39C(1)﻿(a)
e: wilfully refuse to allow a person acting under this Act to exercise a power conferred on that person by or under this Act.
2: A person who does not comply with this section commits an offence and is liable on conviction to the penalty set out in section 67D
3: In this section, a person acting under this Act
a: a ranger exercising a power conferred on that ranger by or under this Act; and
b: a person assisting a ranger under section 39(1)﻿(e)
c: a person authorised under section 39E(2) section 39F Section 40 replaced 13 March 2017 section 6 Wildlife (Powers) Amendment Act 2017 Powers of Minister
41: Minister's general powers
1: The Minister may from time to time—
a: prepare and carry out wildlife surveys:
aa: acquire and dispose of land for the purposes of this Act:
b: use and develop land as a wildlife sanctuary, or as a wildlife refuge, or as a wildlife management reserve,
c: co-ordinate the policies and activities of departments of State,
d: conduct wildlife research work, and collect and disseminate wildlife information:
e: prepare and issue plans and publications for the advancement, conservation, management, and control of wildlife and the eradication of harmful species of wildlife:
f: make provision for the setting up of such advisory bodies as he thinks fit:
fa: protect and preserve wildlife that are absolutely protected under this Act:
g: make provision generally for the administration of this Act.
2: In the exercise of the powers conferred on him by subsection (1), the Minister may from time to time—
a: erect dwellings for occupation by officers and servants of the Department engaged in the administration of this Act, and erect other buildings, and provide all necessary services, conveniences, and amenities:
b: establish and carry on any operations or industry relative to the conservation, management, or control of wildlife or the eradication of harmful species of wildlife:
c: sell or otherwise dispose of food, equipment, skins, or other articles used for, or recovered as the result of, any operation for the conservation, management, control, or eradication of wildlife:
d: enter into any contract or agreement:
e: carry on any farming operations incidental to the management of any game farm or to the conservation, management, control, or eradication of wildlife, and purchase cattle, horses, dogs, or other animals or motor or other vehicles necessary for that purpose, and cultivate and grass any land for any such purpose, and sell any farm crop or farm produce:
f: sell any game or the eggs of any game:
g: with the written consent of the occupier, and subject to the provisions of any other Act, construct and maintain on any land any roads, roadways, tracks, paths, bridges, culverts, ferries, and other means of access necessary for the purposes of this Act:
h: subject to any regulations made under this Act, regulate, control, or prohibit the keeping, breeding, disposing, or farming of any wildlife specified in Schedule 8
3: All documents that require to be executed for the purposes of this Act by or on behalf of Her Majesty may, unless otherwise provided by this Act, be executed by the Minister, and, if so executed, shall be as valid and effectual as if executed by or on behalf of Her Majesty. Section 41(1)﻿(aa) inserted 19 September 1980 Wildlife Amendment Act 1980 Section 41(1)﻿(b) amended 19 September 1980 Wildlife Amendment Act 1980 Section 41(1)﻿(c) amended 10 April 1990 section 77(1) Conservation Law Reform Act 1990 Section 41(1)﻿(fa) inserted 10 April 1990 section 77(2) Conservation Law Reform Act 1990 Section 41(2)﻿(h) inserted 6 December 1983 Wildlife Amendment Act 1983
42: Fencing of land
1: The Minister may from time to time take such steps as he thinks fit for the fencing of any land held by the Crown for the purposes of this Act.
2: The Minister may enter into any agreement upon such terms and conditions as he considers reasonable with the occupier within the meaning of the Fencing Act 1978
3: Where any fence within the meaning of the Fencing Act 1978 Section 42(2) amended 1 April 1979 section 28(1) Fencing Act 1978 Section 42(3) amended 1 April 1979 section 28(1) Fencing Act 1978
43: Tenancies
Subject to the Tenancy Act 1955 Public Service Commission Fish and Game Council 1921–1922 No 57 s 7(2) Section 43 amended 7 August 2020 section 135 Public Service Act 2020 Section 43 amended 10 April 1990 section 78 Conservation Law Reform Act 1990 Section 43 amended 21 October 1955 Tenancy Act 1955
44: Delegation of Minister's powers
1: The Minister may from time to time delegate in writing to the Director-General
1A: The Minister may from time to time delegate in writing to any body or person
2: Subject to any general or special directions given or conditions attached by the Minister, the person to whom any powers are delegated under this section may exercise those powers in the same manner and with the same effect as if they had been conferred on him directly by this section and not by delegation.
3: Every person purporting to act pursuant to any delegation under this section shall, in the absence of proof to the contrary, be presumed to be acting in accordance with the terms of the delegation.
4: Any delegation under this section may be made to a specified person or to persons of a specified class or may be made to the holder or holders for the time being of a specified office or of specified classes of offices.
5: Every delegation under this section shall be revocable in writing at will, and no such delegation shall prevent the exercise of any power by the Minister or by any other person making the delegation.
6: Every delegation made under this section by the Minister or by any other person holding any office shall, until it is revoked, continue in force according to its tenor, notwithstanding the fact that the Minister or other officer by whom it was made may have ceased to hold office, and shall continue to have effect as if made by his successor in office. Section 44(1) amended 1 April 1987 section 65(1) Conservation Act 1987 Section 44(1A) inserted 19 September 1980 Wildlife Amendment Act 1980 Section 44(1A) amended 10 April 1990 section 79 Conservation Law Reform Act 1990 Powers of Director-General Heading inserted 13 December 1968 Wildlife Amendment Act 1968 Heading amended 1 April 1987 section 65(1) Conservation Act 1987
44A: Delegation of powers by
Director-General
1: The Director-General section 44
2: Subject to any general or special directions given or conditions attached by the Director-General
3: Every person purporting to act pursuant to any delegation under this section shall be presumed to be acting in accordance with the terms of the delegation in absence of proof to the contrary.
4: Any delegation under this section may be made to a specified officer or employee or to officers or employees of a specified class, or may be made to the holder or holders for the time being of a specified office or class of offices.
5: Any delegation under this section shall be revocable at will, and no such delegation shall prevent the exercise of any power by the Director-General
6: Any such delegation shall, until revoked, continue in force according to its tenor, notwithstanding the fact that the Director-General Director-General Section 44A inserted 13 December 1968 Wildlife Amendment Act 1968 Section 44A heading amended 1 April 1987 section 65(1) Conservation Act 1987 Section 44A(1) amended 1 April 1987 section 65(1) Conservation Act 1987 Section 44A(2) amended 1 April 1987 section 65(1) Conservation Act 1987 Section 44A(5) amended 1 April 1987 section 65(1) Conservation Act 1987 Section 44A(6) amended 1 April 1987 section 65(1) Conservation Act 1987 New Zealand Game Bird Habitat Trust Board Heading inserted 17 May 1993 Wildlife Amendment Act 1993
44B: New Zealand Game Bird Habitat Trust Board established
There is hereby established a board to be called the New Zealand Game Bird Habitat Trust Board. Section 44B inserted 17 May 1993 Wildlife Amendment Act 1993
44C: Board to be body corporate
The Board shall be a body corporate with perpetual succession and a common seal, and be capable of acquiring, holding, and disposing of real and personal property, and of suing and being sued, and of doing and suffering all other acts and things that bodies corporate may do and suffer. Section 44C inserted 17 May 1993 Wildlife Amendment Act 1993
44D: Functions of Board
The Board shall have the following functions:
a: primarily to improve New Zealand's game bird habitat and secondarily to improve the habitat of other wildlife:
b: to identify and evaluate areas of New Zealand worthy of protection, restoration, improvement, creation, or procurement primarily as game bird habitat and secondarily as habitat for other wildlife:
c: to negotiate, where appropriate, the protection, restoration, improvement, creation, or procurement of game bird habitat with landowners:
d: to receive submissions and applications from any person or organisation within New Zealand for the protection, restoration, improvement, creation, or procurement primarily of game bird habitat and secondarily of habitat for other wildlife, and to evaluate each submission or application for the purpose of determining whether or not to support it:
e: to promote and provide advice to prospective applicants on the protection, restoration, improvement, creation, or procurement of habitat suitable for game birds and associated wildlife:
f: to promote the sale of game bird habitat stamps and associated products to game bird hunters and to the public within New Zealand and to persons outside New Zealand:
g: to ensure that the revenue arising from the game bird habitat stamp programme and associated products is clearly separated from other revenue arising for the management of New Zealand's game bird resources:
h: to recommend to the New Zealand Fish and Game Council that it enter into such contracts as may be appropriate to annually produce a game bird habitat stamp and associated products:
i: to operate in the name of the Board such bank accounts as the Board thinks fit and to keep proper records of such accounts:
j: to disburse by way of grants such proportion of its funds each year as it considers appropriate for the purpose of carrying out its functions:
k: to recommend to the New Zealand Fish and Game Council the fees for the following year's game bird habitat stamp:
l: annually—
i: to recommend to the New Zealand Fish and Game Council the game bird or other wildlife species to be depicted on the following year's game bird habitat stamp:
ii: to appoint, or select by competition, an artist to produce the stamp artwork of the species approved by the New Zealand Fish and Game Council:
m: to liaise with the New Zealand Fish and Game Council, or individual Fish and Game Councils, as the case may be, to have provision on game licences display
n: to co-ordinate with the New Zealand Fish and Game Council the production of game bird habitat stamps and their display on game licences
o: to provide regular reports to the New Zealand Fish and Game Council, Fish and Game Councils, the Department of Conservation, Ducks Unlimited New Zealand Incorporated, and other similar interested persons or organisations. Section 44D inserted 17 May 1993 Wildlife Amendment Act 1993 Section 44D(m) amended 16 December 2017 section 92(1) Electronic Interactions Reform Act 2017 Section 44D(m) amended 16 December 2017 section 92(2) Electronic Interactions Reform Act 2017 Section 44D(n) amended 16 December 2017 section 92(1) Electronic Interactions Reform Act 2017 Section 44D(n) amended 16 December 2017 section 92(3) Electronic Interactions Reform Act 2017
44E: Powers of Board
1: Without limiting the generality of section 44C
2: Without limiting the generality of subsection (1), the Board may—
a: establish committees of members and other suitable persons, and delegate to them such functions as may be specified in regulations made under section 72
b: advocate the interests of the Board at any public forum or in any statutory planning process:
c: fund the production of game bird habitat stamps and associated products:
d: impose such conditions and requirements on the use of its funds as it considers appropriate to ensure that the programme for which the funds have been granted has ongoing and long term benefits primarily for game bird habitat and secondarily for other wildlife habitat.
3: In exercising its powers and functions the Board shall have regard to any views expressed in writing by the Minister and addressed to the Board.
4: The Board shall not release its annual report for public information until it has furnished the report to the Minister in accordance with section 44K
5: The power conferred by subsection (2)﻿(b) shall include the right to appear before courts and tribunals in New Zealand and be heard on matters affecting or relating to the Board's functions. Section 44E inserted 17 May 1993 Wildlife Amendment Act 1993
44F: Membership of Board
The members of the Board shall be appointed by the Minister having regard to the functions of the Board and the Board shall consist of—
a: a chairperson:
b: 3 persons appointed after consultation with the New Zealand Fish and Game Council:
c: 1 person appointed after consultation with the Director-General:
d: 1 person appointed after consultation with the Board of Ducks Unlimited New Zealand Incorporated. Section 44F inserted 17 May 1993 Wildlife Amendment Act 1993
44G: Term of office of members of Board
1: Subject to subsections (2) to (5), every member of the Board shall hold office for a term of 3 years.
2: Any member of the Board may at any time be removed from office by the Minister for bankruptcy, inability to perform the functions of the office
3: Any member of the Board may at any time resign his or her office by writing addressed to the Minister.
4: If any member of the Board dies, resigns, or is removed from office, the vacancy so created shall be filled in the manner in which the appointment to the vacant office was originally made, and the person so appointed shall be appointed for the residue of the term for which the vacating member was appointed.
5: Unless a member sooner dies, resigns, or is removed from office, every member of the Board shall continue in office until that member's successor comes into office, notwithstanding that the term for which that member was appointed may have expired. Section 44G inserted 17 May 1993 Wildlife Amendment Act 1993 Section 44G(2) amended 1 January 2002 section 70(1) Human Rights Amendment Act 2001
44H: Servicing
1: The Board shall be serviced by the Secretariat of the New Zealand Fish and Game Council.
2: The costs incurred by the New Zealand Fish and Game Council in servicing the Board (including disbursements of the Board) shall be paid by the Board out of money in a bank account operated by it.
3: The costs incurred by any committee established by the Board, or by any person providing advice to the Board pursuant to a request by or an agreement with it, shall also be paid out of money in a bank account operated by the Board. Section 44H inserted 17 May 1993 Wildlife Amendment Act 1993
44I: Funds to be held on trust
1: All money held by the Board shall be held on trust and may be expended in accordance with the provisions of this Act.
2: The Board shall pay administration expenses only where the payment of such expenses is provided for or contemplated by this Act or regulations made under section 72
3: For the purposes of the application to the Board of the provisions of any other enactment or rule of law, all the purposes for which the Board holds and expends money shall be deemed to be charitable purposes. Section 44I inserted 17 May 1993 Wildlife Amendment Act 1993
44J: Crown entity
1: The Board is, for the purposes of subpart 2 Schedule 4
2: The Board is a public entity as defined in section 4 Section 44J inserted 17 May 1993 Wildlife Amendment Act 1993 Section 44J(1) amended 25 January 2005 section 37(1) Public Finance Amendment Act 2004 Section 44J(2) replaced 1 July 2001 section 53 Public Audit Act 2001
44K: Annual report
1: The Board shall, as soon as practicable after the end of each financial year, furnish to the Minister a report on its operations for that financial year.
2: The Minister must present a copy of the report to the House of Representatives in accordance with section 150(3) Section 44K inserted 17 May 1993 Wildlife Amendment Act 1993 Section 44K(2) replaced 25 January 2005 section 37(1) Public Finance Amendment Act 2004
44L: Members not personally liable
No member of the Board shall be personally liable for any default made by the Board or by any member of it, in good faith in the course of its operations. Section 44L inserted 17 May 1993 Wildlife Amendment Act 1993
4: Injurious birds
Part 4 repealed 18 September 2012 section 91(2) Biosecurity Law Reform Act 2012
45: Interpretation
Section 45 repealed 18 September 2012 section 91(2) Biosecurity Law Reform Act 2012
46: Local authority may apply or raise funds for destruction of injurious birds
Section 46 repealed 18 September 2012 section 91(2) Biosecurity Law Reform Act 2012
47: Local authorities to submit plans for destruction for approval of
Director-General Section 47 repealed 18 September 2012 section 91(2) Biosecurity Law Reform Act 2012
48: Appointment of Inspectors, and bylaws
Section 48 repealed 18 September 2012 section 91(2) Biosecurity Law Reform Act 2012
49: Provisions to secure concerted action
Section 49 repealed 18 September 2012 section 91(2) Biosecurity Law Reform Act 2012
50: Minister may appoint Inspectors to carry out this Part if local authority fails to do so
Section 50 repealed 18 September 2012 section 91(2) Biosecurity Law Reform Act 2012
51: Obstructing Inspector
Section 51 repealed 18 September 2012 section 91(2) Biosecurity Law Reform Act 2012
52: Expenses of carrying out this Part
Section 52 repealed 18 September 2012 section 91(2) Biosecurity Law Reform Act 2012
5: General provisions
53: Director-General may authorise taking or killing of wildlife for certain purposes
1: The Director-General may from time to time in writing authorise any specified person to catch alive or kill for any purpose approved by the Director-General any absolutely protected or partially protected wildlife or any game or any other species of wildlife the hunting or killing of which is not for the time being permitted.
2: The Director-General may from time to time in writing authorise any specified person—
a: to catch alive or otherwise obtain alive any absolutely protected or partially protected wildlife or any game or any other species of wildlife the taking of which is not for the time being permitted; or
b: to take or otherwise obtain the eggs of any such wildlife or game, for the purpose of distributing or exchanging the same in any other country or in some other part of New Zealand, or for any scientific or other purpose approved by the Director-General, or for the purpose of rearing any such wildlife or game, or for the purpose of hatching any such eggs and of rearing any progeny arising from that hatching,— and may in any such authority authorise the holder to have any such wildlife or game or eggs or progeny in his or her or its possession for any of the purposes specified in this subsection, and may in any such authority authorise the holder to liberate any such wildlife or game or progeny in such area and during such period as may be specified in the authority.
3: The Director-General may give to any Fish and Game Council any written authority that may be given under subsection (1) or subsection (2) in respect of game.
4: Where any such authority is given to a Fish and Game Council, the powers that may be exercised by the Council pursuant to that authority may be exercised on its behalf by any officer or employee of the Council or by any other person authorised in writing by the Council.
5: Any authority granted under any of the foregoing provisions of this section may contain such conditions as the Director-General may impose. Without limiting the general power of the Director-General to impose any conditions, the Director-General may in any such authority impose all or any of the following conditions:
a: prescribing the means by which any such wildlife or game or eggs may be caught or killed or taken:
b: prescribing the areas in which any such wildlife or game or eggs may be caught or killed or taken:
c: providing for the sale or other disposal of any such wildlife or game or eggs:
d: prescribing the duration of the authority:
e: providing for the revocation of the authority and for the issue of any other authority in its place:
f: providing for the furnishing of returns of the numbers of any such wildlife or game or eggs caught, killed, or taken:
g: in respect of any authority issued pursuant to subsection (2) or subsection (3),—
i: prescribing the areas in which any such wildlife or game may be kept or any such eggs may be hatched and any such progeny reared:
ii: prescribing the types of cages, runs, or other enclosures in which any such wildlife or game or progeny may be kept:
iii: providing for the planting of any plants or of any specified kind of plants in or adjacent to any such cage, run, or other enclosure:
iv: prescribing the areas where any such wildlife or game or progeny may be liberated:
v: providing for inspection by officers or servants of the Department at all reasonable times.
6: Notwithstanding anything in any other provision of this Act, any authority issued under this section may contain conditions authorising the holder to use, for the purpose of catching alive or killing any wildlife or game, any live decoys or any net or noose or trap or any firearm or any other method the use of which is otherwise expressly prohibited by this Act or by any regulations made under this Act.
7: Every person to whom any authority is granted under or pursuant to this section or, where the authority is given to a Fish and Game Council, the Council and every officer or employee of the Council or other person exercising the powers of the Council pursuant to that authority who commits a breach of or fails to comply with any condition on which the authority was granted commits an offence against this Act and is liable on conviction to the penalty set out in section 67F(5) Section 53 replaced 10 April 1990 section 80 Conservation Law Reform Act 1990 Section 53(7) amended 25 October 2013 section 22 Conservation (Natural Heritage Protection) Act 2013 Section 53(7) amended 15 October 2000 section 8 Wildlife (Penalties and Related Matters) Amendment Act 2000
54: Director-General
1: The Director-General any animals such animals such animals
1A: Where any authority is given under this section to the occupier of any land, that authority may be exercised on his behalf by any person in the employ of or acting with the written authority of the occupier.
2: The Director-General may give to any Fish and Game Council any written authority that may be given under subsection (1) in respect of game.
3: The provisions of subsections (4), (6), and (7) of section 53 1921–22 No 57 s 32 Section 54 heading amended 1 April 1987 section 65(1) Conservation Act 1987 Section 54(1) amended 10 April 1990 section 81(1) Conservation Law Reform Act 1990 Section 54(1) amended 1 April 1987 section 65(1) Conservation Act 1987 Section 54(1) amended 17 November 1964 Wildlife Amendment Act 1964 Section 54(1) amended 10 May 1956 Wildlife Amendment Act 1956 Section 54(1) amended 10 May 1956 Wildlife Amendment Act 1956 Section 54(1A) inserted 17 November 1964 Wildlife Amendment Act 1964 Section 54(2) replaced 10 April 1990 section 81(2) Conservation Law Reform Act 1990 Section 54(3) inserted 10 April 1990 section 81(2) Conservation Law Reform Act 1990
55: Keeping of specimens in museums
1: The Director-General
a: the controlling authority shall keep a register showing each animal held, the name of the person from whom it was received, the area from which it was received, and the cause of death of the animal;
b: the register shall be available for inspection at all reasonable times by authorised officers of the Department, who shall be entitled to make copies of entries in the register; and
c: any authorised officer of the Department shall be entitled at all reasonable times to enter the museum and seize the body of any animal held otherwise than in accordance with an authority under this section.
2: Any authority under subsection (1) may be general or may relate to specified species of animals or to a specified animal, and shall continue in force according to its tenor until revoked by written notice from the Director-General provided that no general authority under this section shall apply with respect to the keeping in possession of the body of any animal that the controlling authority has reason to suspect was taken contrary to the provisions of this Act.
3: The officer in charge of a public museum the controlling authority of which holds a general authority given under this section may from time to time authorise ornithologists to have in possession, subject to such conditions as the Director-General Section 55(1) amended 1 April 1987 section 65(1) Conservation Act 1987 Section 55(2) amended 1 April 1987 section 65(1) Conservation Act 1987 Section 55(3) amended 1 April 1987 section 65(1) Conservation Act 1987
56: Restrictions on liberation or export of animals, birds, etc
1: No person shall, without the prior written authority of the Director-General granted subject to
a: capture or attempt to capture or have in his possession for the purpose of liberating or turning at large
ab: liberate or turn at large, or allow to go at large any wildlife; or
b: export from New Zealand any bat or any bird (not being a domestic bird) or any reptile or any amphibian or any terrestrial or freshwater invertebrate specified in Schedule 7
c:
1A: The Director-General
2: The Director-General
3: Before granting any authority under paragraph (b) or paragraph (c) of subsection (1) to export anything referred to in either of those paragraphs, the Director-General
4: Every person who contravenes subsection (1)﻿(ab) commits an offence against this Act and is liable on conviction to the penalty set out in section 67B
5: Every person who contravenes subsection (1)﻿(a) or (b) commits an offence against this Act and,—
a: in respect of an offence committed in relation to absolutely protected wildlife, is liable on conviction to the penalty set out in section 67A(1)
b: in respect of an offence committed in relation to partially protected wildlife, is liable on conviction to the penalty set out in section 67C(1)
c: in any other case, is liable on conviction to the penalty set out in section 67F(3) 1921–22 No 57 s 30 Section 56(1) amended 1 April 1987 section 65(1) Conservation Act 1987 Section 56(1) amended 21 October 1959 Wildlife Amendment Act 1959 Section 56(1) amended 10 May 1956 Wildlife Amendment Act 1956 Section 56(1)﻿(a) amended 15 October 2000 section 8 Wildlife (Penalties and Related Matters) Amendment Act 2000 Section 56(1)﻿(ab) inserted 15 October 2000 section 8 Wildlife (Penalties and Related Matters) Amendment Act 2000 Section 56(1)﻿(b) amended 6 December 1983 Wildlife Amendment Act 1983 Section 56(1)﻿(c) repealed 1 April 1976 section 24(a) Protected Objects Act 1975 Section 56(1A) inserted 10 May 1956 Wildlife Amendment Act 1956 Section 56(1A) amended 1 April 1987 section 65(1) Conservation Act 1987 Section 56(2) amended 1 April 1987 section 65(1) Conservation Act 1987 Section 56(3) amended 1 April 1987 section 65(1) Conservation Act 1987 Section 56(4) replaced 15 October 2000 section 8 Wildlife (Penalties and Related Matters) Amendment Act 2000 Section 56(5) inserted 15 October 2000 section 8 Wildlife (Penalties and Related Matters) Amendment Act 2000
56A: Application of Customs and Excise Act 2018
Sections 210 211 214 251 252 Section 56A replaced 1 October 2018 section 443(3) Customs and Excise Act 2018
57: Ownership of animals
1:
2: For the purposes of this Act, the property in any game in the possession or under the control of any person by virtue of any authority issued under subsection (2) of section 53
3: Schedule 5 provided that where any such wildlife (not being absolutely protected wildlife) has been lawfully taken or killed pursuant to this Act or to any regulations under this Act (the proof of which shall be on the person claiming the same) it shall cease to be the property of the Crown, and the property in that wildlife shall be deemed to be vested in the person by whom it was so taken or killed: provided further that nothing in this subsection shall have effect so as to impose any obligation or liability on the Crown in respect of damage done by any wildlife. 1921–22 No 57 ss 28, 29(2) Section 57(1) repealed 10 April 1990 section 82(a) Conservation Law Reform Act 1990 Section 57(3) amended 10 April 1990 section 82(b) Conservation Law Reform Act 1990
58: Homing pigeons
1: Every person commits an offence against this Act and is liable on conviction to the penalty set out in section 67F(1)
a: intentionally shoots at, kills, disables, or otherwise injures, or ensnares, or detains any homing pigeon belonging to any other person; or
b: without lawful authority disturbs, opens, or in any way tampers with any cage or other receptacle while that cage or receptacle is being used for the carriage of homing pigeons.
2: Every person who does anything mentioned in subsection (1) shall be liable to pay to the owner of the pigeon the value thereof, and the court before which any prosecution under this section takes place may, in addition to any fine imposed, direct payment by the defendant to the owner of that value or any part thereof. Any amount so directed to be paid to the owner may be recovered from the defendant in the same manner as any fine and shall, when recovered, be paid to the owner.
3: No person shall be liable to a fine or other payment under this section unless the owner of the pigeon has been registered as owner thereof with the secretary of the New Zealand Homing Pigeon Federation 1921–22 No 57 s 37 Section 58(1) replaced 21 October 1959 Wildlife Amendment Act 1959 Section 58(1) amended 15 October 2000 section 8 Wildlife (Penalties and Related Matters) Amendment Act 2000 Section 58(3) amended 21 October 1959 Wildlife Amendment Act 1959
59: Entry on land for purposes of Act
1: If in the opinion of the Minister any wildlife is causing or is likely to cause injury or damage to any land, or to any person, or to any stock or crops, or to any chattel, or to any other wildlife, or to any trees, shrubs, plants, or grasses, the existence of which may tend to protect the habitat of any absolutely protected wildlife or of any game, or which may tend to mitigate soil erosion or to promote soil conservation or the control of floods, he may authorise in writing the Director-General
a: to investigate the incidence on the land of any such wildlife and to make studies or other investigations of any such wildlife:
b: to catch alive or to hunt or kill any such wildlife:
c: to remove any such wildlife to any other area:
d: to erect and maintain tents or other structures on the land, and to provide all necessary services, conveniences, and amenities:
e: to erect notices advising or warning of any action being taken under this Act:
f: to have access for any of the purposes specified in this subsection to any other land (whether adjoining or not) on which any such wildlife is or may be:
g: to do any other act or thing necessary for any of the purposes specified in this subsection.
2: Any person entering on any land pursuant to subsection (1) may bring with him any vehicle, horse, or dog, and any equipment necessary for any of the purposes specified in that subsection, and may convey any necessary supplies onto or over that land.
3: Where on any land that is not a wildlife sanctuary or a wildlife refuge or a closed game area any notice or sign is erected or placed which is intended to cause or may reasonably cause any person to believe that the land is part of a wildlife sanctuary or wildlife refuge or closed game area, as the case may be, any officer or servant of the Department or any ranger may enter at any time on the land and remove or destroy the notice or sign. The removal or destruction of any notice or sign pursuant to this subsection shall not confer any right to compensation on any person.
4: Before entry on any land pursuant to subsection (1), the Director-General
5: Every person who, not being duly authorised, takes away or is found in possession of, or removes, destroys, displaces, or moves the position of, any tent or other structure or any services, conveniences, or amenities erected or provided on any land pursuant to subsection (1) commits an offence against this Act and is liable on conviction to the penalty set out in section 67F(1)
5A: Every person who, not being duly authorised, wilfully removes, injures, or damages in any way any vehicle, animal, equipment, or supplies brought onto any land pursuant to subsection (1) commits an offence against this Act and is liable on conviction to the penalty set out in section 67F(1)
6: Every person commits an offence against this Act and is liable on conviction to the penalty set out in section 67F(7) Director-General 1945 No 40 s 81 Section 59(1) amended 1 April 1987 section 65(1) Conservation Act 1987 Section 59(4) amended 1 April 1987 section 65(1) Conservation Act 1987 Section 59(5) replaced 15 October 2000 section 8 Wildlife (Penalties and Related Matters) Amendment Act 2000 Section 59(5A) inserted 15 October 2000 section 8 Wildlife (Penalties and Related Matters) Amendment Act 2000 Section 59(6) amended 25 October 2013 section 23 Conservation (Natural Heritage Protection) Act 2013 Section 59(6) amended 15 October 2000 section 8 Wildlife (Penalties and Related Matters) Amendment Act 2000 Section 59(6) amended 1 April 1987 section 65(1) Conservation Act 1987
60: Protection of rangers and others
A person who does any act in pursuance or intended pursuance of any of the functions or powers Section 60 replaced 6 December 1983 Wildlife Amendment Act 1983 Section 60 amended 13 March 2017 section 7 Wildlife (Powers) Amendment Act 2017
61: Person in pursuit of wildlife to comply with demand by authorised officer
1: In any prosecution for an offence against this Act or against any regulations under this Act, proof that any person found in any area where any species of wildlife is usually prevalent had with him or under his control any firearm, net, trap, decoy, or other instrument or device capable of being used for the purpose of hunting or killing any such species shall be evidence from which the court may infer that that person was in pursuit of that species.
2: Every such person shall, in any circumstances where a game licence or other licence or authority game licence or other licence or authority and is liable on conviction to the penalty set out in section 67F(1)
3: For the purposes of subsection (2) the term authorised person
a: any Justice:
b: any ranger:
c:
d: the occupier of the land on which the person is found in pursuit of or in possession of wildlife:
e: any person duly authorised in writing by the Permanent Head of the Department of State or by the local authority controlling the land on which the person is found in pursuit of or in possession of wildlife:
f: any holder of a game licence or other licence or authority
g: any other person duly authorised in writing by the Director-General
4: In addition to the powers contained in subsection (2) or in section 66
5: Any authorised person referred to in subsection (4) may exercise in respect of anything produced to him pursuant to that subsection the powers of search and seizure conferred on rangers by section 39
6: Every person commits an offence against this Act and is liable on conviction to the penalty set out in section 67F(5) 1921–22 No 57 s 34 Section 61(2) amended 16 December 2017 section 93 Electronic Interactions Reform Act 2017 Section 61(2) amended 15 October 2000 section 8 Wildlife (Penalties and Related Matters) Amendment Act 2000 Section 61(3)﻿(c) repealed 10 April 1990 section 83 Conservation Law Reform Act 1990 Section 61(3)﻿(f) amended 16 December 2017 section 93 Electronic Interactions Reform Act 2017 Section 61(3)﻿(g) amended 1 April 1987 section 65(1) Conservation Act 1987 Section 61(6) amended 25 October 2013 section 24 Conservation (Natural Heritage Protection) Act 2013 Section 61(6) amended 15 October 2000 section 8 Wildlife (Penalties and Related Matters) Amendment Act 2000 Offences and penalties
62: Offences in relation to transport of wildlife
1: No person shall consign or send by any carrier or forwarding agent or by any other means any parcel, package, case, bag, luggage, or other container containing any absolutely protected wildlife (whether alive or dead) or any part of any absolutely protected wildlife or any eggs of any absolutely protected wildlife, unless the parcel, package, case, bag, luggage, or other container is plainly marked on the outside in such a manner as to give a list and description of the contents and the name and address of the consignor and consignee.
2: Every person who contravenes subsection (1) commits an offence against this Act and is liable on conviction to the penalty set out in section 67F(1) Section 62(2) inserted 15 October 2000 section 8 Wildlife (Penalties and Related Matters) Amendment Act 2000
63: Taking protected wildlife or game, etc
1: No person may, without lawful authority,—
a: hunt or kill any absolutely protected or partially protected wildlife or any game:
b: buy, sell, or otherwise dispose of, or have in his or her possession any absolutely protected or partially protected wildlife or any game or any skin, feathers, or other portion, or any egg of any absolutely protected or partially protected wildlife or of any game:
c: rob, disturb, or destroy, or have in his or her possession the nest of any absolutely protected or partially protected wildlife or of any game.
1A: Every person who contravenes subsection (1) commits an offence and,—
a: in respect of an offence committed in relation to absolutely protected wildlife, is liable on conviction to the penalty set out in section 67A(1)
b: in respect of an offence committed in relation to partially protected wildlife, is liable on conviction to the penalty set out in section 67C(1)
c: in respect of an offence committed in relation to game, is liable on conviction to the penalty set out in section 67E(3)
2: Nothing in subsection (1) applies in respect of any marine wildlife. 1921–22 No 57 ss 4(2), 40 Section 63(1) replaced 15 October 2000 section 8 Wildlife (Penalties and Related Matters) Amendment Act 2000 Section 63(1A) inserted 15 October 2000 section 8 Wildlife (Penalties and Related Matters) Amendment Act 2000 Section 63(2) inserted 1 October 1996 section 316(1) Fisheries Act 1996
63A: Taking of absolutely or partially protected marine wildlife
Every person commits an offence against this Act and is liable on conviction to the penalty set out in section 67(fa)
a: hunts or kills any absolutely or partially protected marine wildlife; or
b: buys or processes for sale or sells or otherwise disposes of or has in his or her possession any absolutely or partially protected marine wildlife or any part thereof; or
c: robs, disturbs, or destroys, or has in his or her possession the nest of any absolutely or partially protected marine wildlife. Section 63A inserted 1 October 1996 section 316(1) Fisheries Act 1996 Section 63A amended 15 October 2000 section 8 Wildlife (Penalties and Related Matters) Amendment Act 2000
63B: Reporting of accidental or incidental death or injury
1: If any person, in the course of fishing pursuant to a permit, licence, authority, or approval issued, granted, or given under the Fisheries Act 1996
a: if fishing from a vessel, record the event in the vessel's log and report the event in writing to a ranger, or to such other person as the Director-General may from time to time specify by notice in the Gazette
b: in any other case, report the event in writing to a ranger, or to such other person as the Director-General may from time to time specify by notice in the Gazette
2: Any person (other than a person to whom subsection (1) applies) who, by any means whatever, accidentally or incidentally kills or injures any marine wildlife, shall, as soon as practicable, report the event to a ranger or a fishery officer (as defined in section 2(1)
3: Every report under subsection (1) or subsection (2) shall include—
a: the location of the area where the event took place; and
b: the species (if known) of the marine wildlife killed or injured, or a general description of the wildlife; and
c: a description of the conditions and the circumstances of the event.
4: In addition to providing the particulars required by subsection (1) or subsection (2), a person required to report an event to which that subsection applies shall provide to the Director-General such other particulars relating to the event as the Director-General may require for the purposes of this Act.
5: Every person who contravenes subsection (1) or subsection (2) commits an offence and is liable on conviction to the penalty set out in section 67(fb) Section 63B inserted 1 October 1996 section 316(1) Fisheries Act 1996 Section 63B(5) replaced 15 October 2000 section 8 Wildlife (Penalties and Related Matters) Amendment Act 2000
64: Offences in relation to wildlife sanctuaries
Every person who, without lawful authority, breaches or fails to comply with any of the provisions of this Act relating to wildlife sanctuaries or of any Order in Council section 9 section 67F(7) Section 64 replaced 15 October 2000 section 8 Wildlife (Penalties and Related Matters) Amendment Act 2000 Section 64 amended 25 October 2013 section 25 Conservation (Natural Heritage Protection) Act 2013 Section 64 amended 24 May 2013 section 6 Wildlife Amendment Act 2013
65: Other offences
1: Every person commits an offence against this Act and is liable on conviction to the penalty set out in section 67F(5)
a: gives or agrees to give or offers to any ranger or to any officer or servant of the Department or the New Zealand Fish and Game Council or any Fish and Game Council or the New Zealand Fish and Game Council or any Fish and Game Council or the New Zealand Fish and Game Council or any Fish and Game Council or the New Zealand Fish and Game Council or any Fish and Game Council
b: personates or falsely pretends to be a ranger or an officer or servant of the Department or the New Zealand Fish and Game Council or any Fish and Game Council
c: counterfeits upon or without due authority fixes to any property any mark used by the Department or the New Zealand Fish and Game Council or any Fish and Game Council
d: without due authority, makes or causes to be made, or uses or causes to be used, or has in his possession a brand or stamp such as is usually used by rangers or by officers or servants of the Department or the New Zealand Fish and Game Council or any Fish and Game Council
e: counterfeits or without due authority issues any licence, permit, or other authority required by this Act or by any regulations under this Act:
f: without a licence, permit, concession, concession,
g:
h: erects or places on any land that is not a wildlife sanctuary or a wildlife refuge or a closed game area any notice or sign which is intended to cause or may reasonably cause any person to believe that the land is part of a wildlife sanctuary or wildlife refuge or closed game area, as the case may be:
i:
j: fails to comply in any respect with any of the provisions of this Act or of any regulation or notice made under this Act,
2: Every person who, without lawful authority, receives any wildlife knowing that the wildlife was obtained without authority commits an offence against this Act and,—
a: in respect of an offence committed in relation to absolutely protected wildlife, is liable on conviction to the penalty set out in section 67A(1)
b: in respect of an offence committed in relation to partially protected wildlife, is liable on conviction to the penalty set out in section 67C(1)
c: in respect of an offence committed in relation to game, is liable on conviction to the penalty set out in section 67E(1)
3: Every person who counsels, aids, or assists in any breach of any of the provisions of this Act, or shares in any of the proceeds of that breach, commits an offence against this Act and,—
a: in respect of an offence committed in relation to absolutely protected wildlife, is liable on conviction to the penalty set out in section 67A(1)
b: in respect of an offence committed in relation to partially protected wildlife, is liable on conviction to the penalty set out in section 67C(1)
c: in respect of an offence committed in relation to game, is liable on conviction to the penalty set out in section 67E(3)
d: in any other case, is liable on conviction to the penalty set out in section 67F(3) Section 65(1) amended 25 October 2013 section 26 Conservation (Natural Heritage Protection) Act 2013 Section 65(1) amended 15 October 2000 section 8 Wildlife (Penalties and Related Matters) Amendment Act 2000 Section 65(1)﻿(a) amended 25 November 1994 Wildlife Amendment Act 1994 Section 65(1)﻿(b) amended 25 November 1994 Wildlife Amendment Act 1994 Section 65(1)﻿(c) amended 25 November 1994 Wildlife Amendment Act 1994 Section 65(1)﻿(d) amended 25 November 1994 Wildlife Amendment Act 1994 Section 65(1)﻿(f) amended 1 July 1996 section 8 Wildlife Amendment Act 1996 Section 65(1)﻿(g) repealed 15 October 2000 section 8 Wildlife (Penalties and Related Matters) Amendment Act 2000 Section 65(1)﻿(i) repealed 15 October 2000 section 8 Wildlife (Penalties and Related Matters) Amendment Act 2000 Section 65(1)﻿(j) amended 25 November 1994 Wildlife Amendment Act 1994 Section 65(2) inserted 15 October 2000 section 8 Wildlife (Penalties and Related Matters) Amendment Act 2000 Section 65(3) inserted 15 October 2000 section 8 Wildlife (Penalties and Related Matters) Amendment Act 2000
65A: Liability of directors and managers
1: Where any body corporate is convicted of an offence against this Act, every director and every person concerned in the management of the body corporate is guilty of the same offence if the prosecution proves—
a: that the act that constituted the offence took place with the director's or manager's authority, permission, or consent; or
b: that the director or manager knew or could reasonably be expected to have known that the offence was to be or was being committed and failed to take all reasonable steps to prevent or stop it.
2: Where any director or person concerned in the management of a body corporate is convicted of an offence against this Act by virtue of subsection (1), the director or person is liable to the penalty applicable to an individual who commits the offence. Section 65A inserted 15 October 2000 section 5 Wildlife (Penalties and Related Matters) Amendment Act 2000
66: Continuing offence after being required to desist
1: Where any person is found offending against this Act or against any regulations or notification under or pursuant to this Act, it shall be lawful for any authorised person as defined in subsection (3) of section 61
2: Every person who, after being required to desist from offending under subsection (1), wilfully continues the offence commits a further offence against this Act and is liable on conviction to the penalty set out in section 67F(5)
3: Section 66 heading replaced 13 March 2017 section 8(1) Wildlife (Powers) Amendment Act 2017 Section 66(1) amended 13 March 2017 section 8(2) Wildlife (Powers) Amendment Act 2017 Section 66(2) replaced 15 October 2000 section 8 Wildlife (Penalties and Related Matters) Amendment Act 2000 Section 66(2) amended 25 October 2013 section 27 Conservation (Natural Heritage Protection) Act 2013 Section 66(3) repealed 13 March 2017 section 8(3) Wildlife (Powers) Amendment Act 2017
66A: Offenders to give identifying information
1: A ranger or an authorised person who believes on reasonable grounds that a person has committed, is committing, or is about to commit an offence against this Act or any regulations made under this Act may require the person to give information or produce evidence as follows: The following table is small in size and has 2 columns. Column 1 is headed Type of ranger or authorised person. Column 2 is headed Information or evidence that ranger or authorised person may require. Type of ranger or authorised person Information or evidence that ranger or authorised person may require Authorised person who is not a ranger The person’s full name and residential address Honorary fish and game ranger, honorary fishery officer, or ranger appointed under section 38(2) The person’s full name and residential address All other rangers The person’s full name, residential address, and date of birth, and evidence of that information
2: A person who is required to give information or produce evidence under subsection (1) must—
a: give the information:
b: produce the evidence as soon as practicable
3: A person who contravenes subsection (2) commits an offence and is liable on conviction to the penalty set out in section 67F(5)
4: In this section,— authorised person section 61(3) honorary fish and game ranger section 26FA(2) honorary fishery officer section 2(1) Section 66A inserted 13 March 2017 section 9 Wildlife (Powers) Amendment Act 2017 Section 66A(1) amended 21 December 2018 section 66(1) Conservation (Infringement System) Act 2018 Section 66A(2)﻿(b) amended 21 December 2018 section 66(2) Conservation (Infringement System) Act 2018
67: Penalties
for offences in respect of marine wildlife
1: Every person who—
a:
b:
c:
d:
e:
f:
fa: commits an offence against section 63A
fb: commits an offence against section 63B
g:
2: 1921–22 No 57 ss 9(3), 41 Section 67 heading amended 15 October 2000 section 8 Wildlife (Penalties and Related Matters) Amendment Act 2000 Section 67(1)﻿(a) repealed 15 October 2000 section 8 Wildlife (Penalties and Related Matters) Amendment Act 2000 Section 67(1)﻿(b) repealed 15 October 2000 section 8 Wildlife (Penalties and Related Matters) Amendment Act 2000 Section 67(1)﻿(c) repealed 15 October 2000 section 8 Wildlife (Penalties and Related Matters) Amendment Act 2000 Section 67(1)﻿(d) repealed 15 October 2000 section 8 Wildlife (Penalties and Related Matters) Amendment Act 2000 Section 67(1)﻿(e) repealed 15 October 2000 section 8 Wildlife (Penalties and Related Matters) Amendment Act 2000 Section 67(1)﻿(f) repealed 15 October 2000 section 8 Wildlife (Penalties and Related Matters) Amendment Act 2000 Section 67(1)﻿(fa) replaced 25 October 2013 section 28 Conservation (Natural Heritage Protection) Act 2013 Section 67(1)﻿(fb) inserted 1 October 1996 section 316(1) Fisheries Act 1996 Section 67(1)﻿(g) repealed 15 October 2000 section 8 Wildlife (Penalties and Related Matters) Amendment Act 2000 Section 67(2) repealed 15 October 2000 section 8 Wildlife (Penalties and Related Matters) Amendment Act 2000
67A: Penalties for offences in respect of absolutely protected wildlife
1: Every person who commits an offence against any of the provisions listed in subsection (2) is liable on conviction to,—
a: in the case of an individual, imprisonment for a term not exceeding 2 years or a fine not exceeding $100,000, or both:
b: in the case of a body corporate, a fine not exceeding $200,000.
2: The provisions are—
a: section 56(5)﻿(a)
b: section 63(1A)﻿(a)
c: section 65(2)﻿(a)
d: section 65(3)﻿(a) Section 67A inserted 15 October 2000 section 6 Wildlife (Penalties and Related Matters) Amendment Act 2000 Section 67A(1) replaced 25 October 2013 section 29 Conservation (Natural Heritage Protection) Act 2013
67B: Penalty for offence of liberating wildlife
Every person who commits an offence against section 56(1)﻿(ab)
a: in the case of an individual, imprisonment for a term not exceeding 2 years or a fine not exceeding $100,000, or both:
b: in the case of a body corporate, a fine not exceeding $200,000. Section 67B replaced 25 October 2013 section 30 Conservation (Natural Heritage Protection) Act 2013
67C: Penalties for offences in respect of partially protected wildlife
1: A person convicted of an offence under any of the provisions listed in subsection (2) is liable,—
a: in the case of an individual, to a fine not exceeding $10,000 plus a further fine not exceeding $500 for each head of wildlife and egg of wildlife in respect of which the offence is committed:
b: in the case of a body corporate, to a fine not exceeding $20,000 plus a further fine not exceeding $1,000 for each head of wildlife and egg of wildlife in respect of which the offence is committed.
2: The provisions are—
a: section 56(5)﻿(b)
b: section 63(1A)﻿(b)
c: section 65(2)﻿(b)
d: section 65(3)﻿(b) Section 67C inserted 15 October 2000 section 6 Wildlife (Penalties and Related Matters) Amendment Act 2000
67D: Penalty for offence of obstructing ranger
A person convicted of an offence under section 40(1)
a: in the case of an individual, to imprisonment for a term not exceeding 2 years $100,000, or both
b: in the case of a body corporate, to a fine not exceeding $200,000 Section 67D inserted 15 October 2000 section 6 Wildlife (Penalties and Related Matters) Amendment Act 2000 Section 67D(a) amended 25 October 2013 section 31(1)﻿(a) Conservation (Natural Heritage Protection) Act 2013 Section 67D(a) amended 25 October 2013 section 31(1)﻿(b) Conservation (Natural Heritage Protection) Act 2013 Section 67D(b) amended 25 October 2013 section 31(2) Conservation (Natural Heritage Protection) Act 2013
67E: Penalties for offences in respect of game
1: A person convicted of an offence under any of the provisions listed in subsection (2) is liable,—
a: in the case of an individual, to a fine not exceeding $5,000:
b: in the case of a body corporate, to a fine not exceeding $10,000.
2: The provisions are—
a: section 17(8)
b: section 19(5)
c: section 22A
d: section 23(2A)
3: A person convicted of an offence under any of the provisions listed in subsection (4) is liable,—
a: in the case of an individual, to a fine not exceeding $5,000 plus a further fine not exceeding $100 for each head of game and egg of game in respect of which the offence is committed:
b: in the case of a body corporate, to a fine not exceeding $10,000 plus a further fine not exceeding $200 for each head of game and egg of game in respect of which the offence is committed.
4: The provisions are—
a: section 15(6)
b: section 16(2)
c: section 17(2)
d: section 17(3)
e: section 17(6)
f: section 18(1A)
g: section 19(1) game
h: section 22(1)
i: section 63(1A)﻿(c)
j: section 65(2)﻿(c)
k: section 65(3)﻿(c) Section 67E inserted 15 October 2000 section 6 Wildlife (Penalties and Related Matters) Amendment Act 2000 Section 67E(4)﻿(g) amended 16 December 2017 section 94 Electronic Interactions Reform Act 2017
67F: Penalties for other offences
1: A person convicted of an offence under any of the provisions listed in subsection (2) is liable,—
a: in the case of an individual, to a fine not exceeding $5,000:
b: in the case of a body corporate, to a fine not exceeding $10,000.
2: The provisions are—
a:
b: section 17(7)
c:
d:
e: section 58(1)
f: section 59(5)
g: section 59(5A)
h:
i: section 61(2)
j:
k: section 62(2)
l:
m: section 65(3)﻿(d)
n:
o:
3: A person convicted of an offence under any of the provisions listed in subsection (4) is liable,—
a: in the case of an individual, to a fine not exceeding $5,000 plus a further fine not exceeding $100 for each head of wildlife and egg of wildlife in respect of which the offence is committed:
b: in the case of a body corporate, to a fine not exceeding $10,000 plus a further fine not exceeding $200 for each head of wildlife and egg of wildlife in respect of which the offence is committed.
4: The provisions are—
a: section 6(3)
b: section 7(2)
c: section 7C(2)
d:
e:
f:
g: section 56(5)﻿(c)
h:
5: Every person who commits an offence against any of the provisions listed in subsection (6)
a: in the case of an individual, imprisonment for a term not exceeding 1 year or a fine not exceeding $100,000, or both:
b: in the case of a body corporate, a fine not exceeding $200,000.
6: The provisions are—
a: section 14(1C)
b: section 14(3A)
c: section 14A(4)
d: section 53(7)
e: section 61(6)
f: section 65(1)
g: section 66(2)
h: section 66A(3)
7: Every person who commits an offence against any of the provisions listed in subsection (8)
a: in the case of an individual, imprisonment for a term not exceeding 2 years or a fine not exceeding $100,000, or both:
b: in the case of a body corporate, a fine not exceeding $200,000.
8: The provisions are—
a: section 9(4)
b: section 59(6)
c: section 64 Section 67F inserted 15 October 2000 section 6 Wildlife (Penalties and Related Matters) Amendment Act 2000 Section 67F(2)﻿(a) repealed 25 October 2013 section 32(1) Conservation (Natural Heritage Protection) Act 2013 Section 67F(2)﻿(c) repealed 25 October 2013 section 32(1) Conservation (Natural Heritage Protection) Act 2013 Section 67F(2)﻿(d) repealed 25 October 2013 section 32(1) Conservation (Natural Heritage Protection) Act 2013 Section 67F(2)﻿(h) repealed 25 October 2013 section 32(1) Conservation (Natural Heritage Protection) Act 2013 Section 67F(2)﻿(j) repealed 25 October 2013 section 32(1) Conservation (Natural Heritage Protection) Act 2013 Section 67F(2)﻿(l) repealed 25 October 2013 section 32(1) Conservation (Natural Heritage Protection) Act 2013 Section 67F(2)﻿(n) repealed 25 October 2013 section 32(1) Conservation (Natural Heritage Protection) Act 2013 Section 67F(2)﻿(o) repealed 25 October 2013 section 32(1) Conservation (Natural Heritage Protection) Act 2013 Section 67F(4)﻿(d) repealed 25 October 2013 section 32(2) Conservation (Natural Heritage Protection) Act 2013 Section 67F(4)﻿(e) repealed 25 October 2013 section 32(2) Conservation (Natural Heritage Protection) Act 2013 Section 67F(4)﻿(f) repealed 25 October 2013 section 32(2) Conservation (Natural Heritage Protection) Act 2013 Section 67F(4)﻿(h) repealed 25 October 2013 section 32(2) Conservation (Natural Heritage Protection) Act 2013 Section 67F(5) inserted 25 October 2013 section 32(3) Conservation (Natural Heritage Protection) Act 2013 Section 67F(6) inserted 25 October 2013 section 32(3) Conservation (Natural Heritage Protection) Act 2013 Section 67F(6)﻿(h) replaced 13 March 2017 section 10 Wildlife (Powers) Amendment Act 2017 Section 67F(7) inserted 25 October 2013 section 32(3) Conservation (Natural Heritage Protection) Act 2013 Section 67F(8) inserted 25 October 2013 section 32(3) Conservation (Natural Heritage Protection) Act 2013
67G: Sentence of community work
A court may sentence any person who is convicted of an offence Part 2 Section 67G replaced 30 June 2002 section 186 Sentencing Act 2002 Section 67G amended 21 December 2018 section 67 Conservation (Infringement System) Act 2018
67H: Offenders also liable for loss or damage
1: A person convicted of an offence against this Act is liable, in addition to the penalty for the offence, for any loss or damage or expenses arising from or caused by the act constituting the offence.
2: The amount payable under subsection (1) in respect of the loss, damage, or expense may be awarded by the court in fixing the penalty and may be recovered as a fine.
3: In assessing any amount payable under subsection (1), the court—
a: may take into account salaries, wages, and incidental expenses incurred in the investigation of the act constituting the offence or in remedying the loss or damage caused by the act; and
b: must take into account all other relevant factors. Section 67H inserted 15 October 2000 section 6 Wildlife (Penalties and Related Matters) Amendment Act 2000
67I: Penalties for offences committed for commercial gain or reward
1: If a person is convicted of an offence against this Act and, on sentencing for that offence, the court is satisfied beyond reasonable doubt that the offence was committed for the purpose of commercial gain or reward (whether or not any gain or reward is realised), the person is liable instead of any penalty otherwise prescribed to,—
a: in the case of an individual, imprisonment for a term not exceeding 5 years or a fine not exceeding $300,000, or both:
b: in the case of a body corporate, a fine not exceeding $300,000.
2: Subsection (1) Section 67I inserted 25 October 2013 section 33 Conservation (Natural Heritage Protection) Act 2013
68: Conduct of proceedings and recovery of fines
1:
2: Any officer or servant of the Department, and any fish and game ranger,
3: The court by which any person is convicted of any such offence may direct that any part, not exceeding half, of any fine recovered under this Act shall be paid to any person instrumental in securing the conviction in respect of which the fine is imposed (not being a person in the employment of the Crown acting in the course of his official duties), and that part of the fine shall be paid to that person by the Registrar of the court in which the conviction is recorded.
4: Any direction of the court under subsection (3) shall not be entered in the conviction, but shall form the subject matter of a separate order. 1921–22 No 57 s 42 Section 68 heading replaced 1 July 2013 section 413 Criminal Procedure Act 2011 Section 68(1) repealed 1 July 2013 section 413 Criminal Procedure Act 2011 Section 68(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 68(2) amended 25 November 1994 Wildlife Amendment Act 1994
68A: Proceedings in respect of offences
Notwithstanding anything to the contrary in section 25 Section 68A inserted 1 October 1996 section 316(1) Fisheries Act 1996 Section 68A amended 1 July 2013 section 413 Criminal Procedure Act 2011
68AB: Mens rea and strict liability offences
1: In any prosecution for an offence under any of the provisions listed in subsection (5), the prosecution must prove that the defendant intended to commit the offence.
2: In any prosecution for an offence under a provision that is not listed in subsection (5), it is not necessary for the prosecution to prove that the defendant intended to commit an offence.
3: It is a defence in any prosecution for an offence not listed in subsection (5) if the defendant proves—
a: that the defendant did not intend to commit the offence; and
b: that,—
i: in any case where it is alleged that anything required to be done was not done, the defendant took all reasonable steps to ensure that it was done:
ii: in any case where it is alleged that anything prohibited was done, that the defendant took all reasonable steps to ensure that it was not done.
4: The defence provided in subsection (3) is in addition to any other defence or excuse provided by this Act.
5: The provisions are—
a: section 17(6)﻿(c)
b: section 40(1)
c: section 58(1)﻿(a)
d: section 59(5A)
e: section 59(6)
f: section 65(2)
g: section 66(2)
h: section 66A(3)
6: Sections 63A 63B Section 68AB inserted 15 October 2000 section 7 Wildlife (Penalties and Related Matters) Amendment Act 2000 Section 68AB(5)﻿(g) replaced 13 March 2017 section 11 Wildlife (Powers) Amendment Act 2017 Section 68AB(5)﻿(h) inserted 13 March 2017 section 11 Wildlife (Powers) Amendment Act 2017
68B: Defences
to offences in respect of marine wildlife
1: Where any person (not being a New Zealand citizen) is charged with any offence under this Act, it shall be a defence to the charge if the defendant proves that the act or omission constituting the offence took place beyond the outer limits of New Zealand fisheries waters.
2: Where any New Zealand citizen is charged with any offence under this Act, it shall be a defence to the charge if the defendant proves that the act or omission constituting the offence took place beyond the outer limits of New Zealand fisheries waters and did not contravene any international agreement to which effect had been given by regulations made under section 72
3: Where any person is charged with an offence against section 63A
4: Where any person is charged with the killing or injuring or being in possession of any marine wildlife contrary to the provisions of this Act, or any regulations made under it, and the provisions of subsections (1), (2), and (3) do not apply in the circumstances of the case,—
a: it is a defence to the charge if the defendant proves that the death or injury to such wildlife was accidental or incidental, and that the requirements of section 63B
b: it is a defence to the charge if the defendant proves that the death or injury to, or possession of, such wildlife took place as part of a fishing operation and the requirements of section 63B Section 68B inserted 1 October 1996 section 316(1) Fisheries Act 1996 Section 68B heading amended 15 October 2000 section 8 Wildlife (Penalties and Related Matters) Amendment Act 2000
69: Evidence of boundaries, etc
1: In any proceedings for an offence against this Act or any regulations under this Act the averment that any area is included in a wildlife sanctuary or wildlife refuge or wildlife management reserve or wildlife district Director-General Director-General , or of the Director or of any person to whom the Director has delegated powers vested in him or her under this section, Director-General , or the Director or other person,
2: Where in any Proclamation or Warrant or Order in Council or notification under the authority of this Act the boundary of any area is fixed by reference to the site of any post or landmark, proof that the approximate site set out in the Proclamation or Warrant or Order in Council or notification was at the date of the taking effect of the Proclamation or Warrant or Order in Council or notification, or at any date thereafter, marked by a post or landmark of the kind set out in the Proclamation or Warrant or Order in Council or notification shall be sufficient evidence for the purpose of any proceedings for an offence against this Act or any regulations under this Act that at all relevant times the boundary was so marked in accordance with the Proclamation or Warrant or Order in Council or notification. Section 69(1) amended 25 November 1994 Wildlife Amendment Act 1994 Section 69(1) amended 25 November 1994 Wildlife Amendment Act 1994 Section 69(1) amended 10 April 1990 section 84 Conservation Law Reform Act 1990 Section 69(1) amended 1 April 1987 section 65(1) Conservation Act 1987 Section 69(1) amended 19 September 1980 Wildlife Amendment Act 1980
70: Forfeitures
1: Any animal or any part of any animal or any egg or nest of any animal that has been unlawfully caught or killed or taken or unlawfully had in possession is hereby declared to be forfeited to Her Majesty.
2: It shall be the duty of every ranger or constable or other authorised person who has seized or otherwise obtained possession of any such animal or part of any animal or egg or nest of any such animal to forward immediate notification thereof to the Director-General (or, in the case of any such animal or part of any animal or egg or nest seized by a fish and game ranger, to the Director) 6 months
3: In the case of all other property lawfully seized or taken into possession under this Act, the property shall be retained by the Director-General or the Director, as the case may be, 6 months Director-General or the Director, as the case may be, Director-General or the Director, as the case may be,
3A: Subsection (3) applies as if a person were convicted of an offence against this Act if—
a: proceedings in respect of an infringement offence are commenced by the filing of a charging document under the Criminal Procedure Act 2011
b: the person is found guilty, or admits the commission, of the infringement offence.
4: Notwithstanding anything in the Public Finance Act 1977 Director-General or the Director subsection (3) by a Fish and Game Council Council 1921–22 No 57 s 43(1)﻿(z) Section 70(2) amended 25 November 1994 Wildlife Amendment Act 1994 Section 70(2) amended 1 April 1987 section 65(1) Conservation Act 1987 Section 70(2) amended 21 October 1959 Wildlife Amendment Act 1959 Section 70(3) amended 25 November 1994 Wildlife Amendment Act 1994 Section 70(3) amended 1 April 1987 section 65(1) Conservation Act 1987 Section 70(3) amended 21 October 1959 Wildlife Amendment Act 1959 Section 70(3A) inserted 21 December 2018 section 68 Conservation (Infringement System) Act 2018 Section 70(4) inserted 8 December 1971 Wildlife Amendment Act 1971 Section 70(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 70(4) amended 25 November 1994 Wildlife Amendment Act 1994 Section 70(4) amended 10 April 1990 section 85(a) Conservation Law Reform Act 1990 Section 70(4) amended 10 April 1990 section 85(b) Conservation Law Reform Act 1990 Section 70(4) amended 1 April 1987 section 65(1) Conservation Act 1987 Section 70(4) amended 1 April 1978 Public Finance Act 1977 Infringement offences Heading inserted 21 December 2018 section 69 Conservation (Infringement System) Act 2018
70A: Relationship between infringement offences and other offences
Nothing in sections 70B to 70T sections 70B to 70T Section 70A inserted 21 December 2018 section 69 Conservation (Infringement System) Act 2018
70B: Hunting during close season
1: A person must not hunt or kill any game during a close season.
2: A person who fails to comply with this section commits an infringement offence. Section 70B inserted 21 December 2018 section 69 Conservation (Infringement System) Act 2018
70C: Hunting without licence during open season
1: A person must not hunt or kill game of any species during an open season in any area, unless the person holds a licence under this Act to hunt or kill game of the relevant species in the relevant area during the open season.
2: However, the occupier of any land may, without a licence, hunt or kill any game on the land that may be hunted or killed under a licence.
3: In subsection (2), occupier section 19
4: A person who is appointed as an occupier by a notice signed under section 19(4)﻿(b) section 61(3)
5: A person who fails to comply with this section commits an infringement offence. Section 70C inserted 21 December 2018 section 69 Conservation (Infringement System) Act 2018
70D: Contravening terms of open season notification
1: A person must not, during an open season, hunt or kill game, or have in the person’s possession any game, in contravention of the terms of the notice declaring the open season.
2: A person who fails to comply with this section commits an infringement offence. Section 70D inserted 21 December 2018 section 69 Conservation (Infringement System) Act 2018
70E: Hunting wildlife in contravention of conditions prescribed by Minister
1: This section applies to a person who hunts, kills, or has in the person’s possession any wildlife that is the subject of a notification under section 6(1)
2: The person must not contravene a condition prescribed by the Minister under section 6(2)
3: A person who fails to comply with this section commits an infringement offence. Section 70E inserted 21 December 2018 section 69 Conservation (Infringement System) Act 2018
70F: Failure to produce licence on demand
1: This section applies to a person if—
a: the person is found, in any area where any species of wildlife is usually prevalent, in possession of or in control of a firearm, net, trap, decoy, or other instrument or device capable of being used for the purpose of hunting or killing the relevant species of wildlife; and
b: a licence to hunt or kill the relevant species of wildlife is required under this Act; and
c: an authorised person demands that the person produce the person’s licence.
2: A person to whom this section applies must produce the person’s licence to the authorised person.
3: A person who fails to comply with this section commits an infringement offence.
4: In this section, authorised person section 61(3) Section 70F inserted 21 December 2018 section 69 Conservation (Infringement System) Act 2018
70G: Taking protected wildlife or game
1: A person must not, without lawful authority,—
a: hunt or kill any absolutely protected or partially protected wildlife or any game; or
b: buy, dispose of, or have in the person’s possession—
i: any absolutely protected or partially protected wildlife or any game; or
ii: any skin, feathers, or other portion, or any egg, of any absolutely protected or partially protected wildlife or of any game; or
c: rob, disturb, destroy, or have in the person’s possession the nest of any absolutely protected or partially protected wildlife or of any game.
2: A person who fails to comply with this section commits an infringement offence. Section 70G inserted 21 December 2018 section 69 Conservation (Infringement System) Act 2018
70H: Taking game in contravention of Act or notification
1: A person must not, if not expressly authorised by this Act or a notification given by the Minister,—
a: trap game in any manner or take game by any means; or
b: erect or set any trap, net, snare, or other device for the purpose of taking game; or
c: spread oil on any water for the purpose of hunting or killing any game or for the purpose of preventing game from alighting on that water; or
d: use, for the purposes of hunting any game,—
i: any light; or
ii: a live decoy; or
iii: a cylinder, mudhole, or similar device in any lake, lagoon, pond, river, estuary, or other open water (whether natural or artificially constructed) unless the sides of the cylinder, mudhole, or device project 60 centimetres or more above the surface of the water; or
iv: any aircraft, motor vehicle, or other vehicle propelled by mechanical power; or
v: on any lake, lagoon, pond, river, estuary, or other water (whether natural or artificially constructed) any vessel (other than a row boat) in driving, chasing, unduly disturbing, putting to flight, or stalking game; or
vi: any unmoored floating stand, hide, shelter, maimai, or louvre, or any unmoored boat artificially dressed or covered in any way.
2: Subsection (1)﻿(d)﻿(iv) and (v) does not apply to—
a: the use of a vehicle or vessel for the purpose of travelling to or from a place where the person intends to hunt game; or
b: the use of a vessel for the purposes of—
i: camping; or
ii: retrieving game that has been killed or wounded; or
iii: in the case of a moored vessel, shooting from the vessel (unless prohibited by another provision of this Act).
3: A person who fails to comply with this section commits an infringement offence.
4: In this section, decoy row boat vessel section 18(2) Section 70H inserted 21 December 2018 section 69 Conservation (Infringement System) Act 2018
70I: Failure to comply with condition of authority to take or kill wildlife
1: This section applies—
a: to a person to whom the Director-General gives an authority under section 53
b: if an authority is given to a Fish and Game Council under section 53
2: A person to whom this section applies must comply with any condition on which the authority was granted.
3: A person who fails to comply with this section commits an infringement offence. Section 70I inserted 21 December 2018 section 69 Conservation (Infringement System) Act 2018
70J: Liberating wildlife or exporting animals or animal products
1: A person must not, without the prior written authority of the Director-General,—
a: liberate wildlife; or
b: capture, attempt to capture, or possess wildlife for the purpose of liberating the wildlife; or
c: export from New Zealand—
i: any bat, bird (other than a domestic bird), reptile, or amphibian, or any animal listed in Schedule 7
ii: any skin, feathers, egg, flesh, or other part of an animal listed in subparagraph (i).
2: A person who fails to comply with this section commits an infringement offence. Section 70J inserted 21 December 2018 section 69 Conservation (Infringement System) Act 2018
70K: Transporting wildlife without proper information on container
1: This section applies to a person who consigns or sends by carrier, forwarding agent, or any other means any parcel, package, case, bag, luggage, or other container (a container
a: any absolutely protected wildlife (whether alive or dead); or
b: any part of any absolutely protected wildlife or any eggs of any absolutely protected wildlife.
2: A person to whom this section applies must ensure that the outside of the container is plainly marked with—
a: a list and description of its contents; and
b: the name and address of the consignor and consignee.
3: A person who fails to comply with this section commits an infringement offence. Section 70K inserted 21 December 2018 section 69 Conservation (Infringement System) Act 2018
70L: Farming or breeding certain unprotected animals
1: A person must not—
a: farm or breed wildlife specified in Schedule 8
b: for the purposes of farming or breeding, capture, convey, or keep in captivity wildlife specified in Schedule 8
2: This section does not apply if the activity undertaken by the person is authorised by the Minister under section 41
3: A person who fails to comply with this section commits an infringement offence. Section 70L inserted 21 December 2018 section 69 Conservation (Infringement System) Act 2018
70M: Failure to report accidental or incidental death or injury
1: A person who accidentally or incidentally kills or injures any marine wildlife must report the event and provide any particulars in the manner required by section 63B
2: A person who fails to comply with this section commits an infringement offence. Section 70M inserted 21 December 2018 section 69 Conservation (Infringement System) Act 2018
70N: Interfering with items on land under section 59
1: A person must not, without being authorised by the Director-General,—
a: take away, be in possession of, remove, destroy, displace, or move the position of any tent or other structure, or any service, convenience, or amenity erected or provided on any land under section 59
b: remove, injure, or damage in any way any vehicle, animal, equipment, or supplies brought onto any land under section 59
2: A person who fails to comply with this section commits an infringement offence. Section 70N inserted 21 December 2018 section 69 Conservation (Infringement System) Act 2018
70O: Littering
1: A person must not deposit litter in a wildlife refuge or wildlife sanctuary.
2: A person who fails to comply with this section commits an infringement offence.
3: In this section,— deposit section 2(1) litter section 2(1) Section 70O inserted 21 December 2018 section 69 Conservation (Infringement System) Act 2018
70P: Acting without required licence, permit, etc
1: A person must not do or cause to be done any act, matter, or thing for which a licence, permit, concession, or other right or authority is required by this Act or by any regulations under this Act without the required licence, permit, concession, or other right or authority.
2: A person who fails to comply with this section commits an infringement offence. Section 70P inserted 21 December 2018 section 69 Conservation (Infringement System) Act 2018
70Q: Contravening instruments made under this Act
1: A person must not contravene—
a: a notification made under section 7(1)
b: an Order in Council made under section 9
c: a Proclamation or notice made under section 14(1A)
d: a Proclamation issued under section 14A
2: A person who fails to comply with this section commits an infringement offence. Section 70Q inserted 21 December 2018 section 69 Conservation (Infringement System) Act 2018
70R: Infringement offences relating to wildlife refuges
1: A person must not, while in a wildlife refuge,—
a: hunt, kill, molest, capture, disturb, harry, or worry wildlife in the wildlife refuge; or
b: take, destroy, or disturb the nests, eggs, or spawn of wildlife in the wildlife refuge; or
c: possess a firearm or an explosive; or
d: have in the person’s control any dog or cat; or
e: do anything that causes any wildlife to leave the wildlife refuge.
2: This section does not apply if the person’s action is authorised by—
a: section 5(2)
b: section 14(2) or (2A)
c: an authority granted under section 53 54
3: A person who fails to comply with this section commits an infringement offence. Section 70R inserted 21 December 2018 section 69 Conservation (Infringement System) Act 2018
70S: Infringement offences relating to waterfowl
1: A person must not, without the consent of the Minister, hunt or kill waterfowl during an open season for game in a designated area where, during the open season or within 30 days immediately before the open season, any food has been cast, thrown, placed, or planted.
2: A person must not hunt or kill waterfowl during an open season for game in a designated area—
a: in which, during the open season for game or within 30 days immediately before the open season, the waters were artificially formed; or
b: in which, or in the near vicinity of which, there is a notice under section 17(5)
c: in respect of which the occupier of the land has informed the person that food has been cast, thrown, placed, or planted, or that the waters have been artificially formed, during the open season or within the 30 days immediately before the open season.
3: A person must not destroy, deface, or tamper with a notice erected or affixed under section 17(5)
4: An occupier of land who is served with a written notice under section 17(5)
5: A person who fails to comply with this section commits an infringement offence.
6: In this section, designated area food waterfowl waters section 17(1) Section 70S inserted 21 December 2018 section 69 Conservation (Infringement System) Act 2018
70T: Infringement offences relating to homing pigeons
1: A person must not hunt, kill, disable, or otherwise injure, ensnare, or detain a homing pigeon belonging to any other person.
2: A person must not, without lawful authority, disturb, open, or in any way tamper with any cage or other receptacle that is being used to carry homing pigeons.
3: A person who fails to comply with this section commits an infringement offence. Section 70T inserted 21 December 2018 section 69 Conservation (Infringement System) Act 2018
70U: 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 70W
2: If an infringement notice has been issued under section 70W section 21 Section 70U inserted 21 December 2018 section 69 Conservation (Infringement System) Act 2018
70V: Who may issue infringement notices
1: The Director-General may authorise a ranger, in writing, to issue infringement notices under this Act.
2: The Director of the New Zealand Fish and Game Council may authorise a fish and game ranger, in writing, to issue infringement notices under this Act.
3: The Director of the New Zealand Fish and Game Council must not authorise an honorary fish and game ranger to issue infringement notices under this Act.
4: The Director of the New Zealand Fish and Game Council—
a: must, in exercising the power in subsection (2), comply with the national compliance and enforcement policy approved by the Minister under section 26HA
b: may not exercise the power in subsection (2) if no such policy has been approved.
5: The Director of the New Zealand Fish and Game Council must not delegate the power in subsection (2).
6: In this section, honorary fish and game ranger section 26FA(2) Section 70V inserted 21 December 2018 section 69 Conservation (Infringement System) Act 2018
70W: Infringement notices
1: A ranger authorised under section 70V
2: The ranger 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 70W inserted 21 December 2018 section 69 Conservation (Infringement System) Act 2018
70X: 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 70X inserted 21 December 2018 section 69 Conservation (Infringement System) Act 2018
70Y: Payment of infringement fees
All infringement fees paid in respect of infringement offences must be paid into a Crown Bank Account. Section 70Y inserted 21 December 2018 section 69 Conservation (Infringement System) Act 2018
70Z: 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 70Z inserted 21 December 2018 section 69 Conservation (Infringement System) Act 2018 Miscellaneous
71: Saving of other Acts
Except where this Act otherwise provides, nothing in this Act shall derogate from any provision of any of the Acts specified in Schedule 9 provided that, except with the prior consent of the Minister of Conservation provided also that nothing in any such Act shall derogate from the provisions of paragraph (f) of subsection (1) of section 39 Section 71 amended 6 December 1983 Wildlife Amendment Act 1983 Section 71 amended 1 April 1987 section 65(1) Conservation Act 1987
71A: Control of dogs
1: Nothing in this Act derogates from the provisions of Part 5C section 26ZT(e)
2: Section 26ZT(e) section 9 section 14 section 14A Section 71A inserted 2 May 1996 Conservation Amendment Act (No 2) 1996
72: Regulations
1: The Governor-General may from time to time, by Order in Council, make such regulations as he considers necessary or expedient for the protection or control of wildlife or for the due administration of this Act.
2: Without limiting the general power to make regulations conferred by subsection (1), it is hereby declared that regulations may be made under that subsection for all or any of the following purposes:
a: prescribing the forms and classes of game licences , and licences to operate as game hunting guides,
b: prescribing the scope and effect of game licences , and licences to operate as game hunting guides,
c: providing for the revocation of game licences , and licences to operate as game hunting guides,
d: providing for the control of wildlife refuges and closed game areas under this Act, for the protection and wellbeing of any wildlife in wildlife refuges and closed game areas, and, in particular, for the control of access to wildlife refuges and closed game areas and for the prohibition or restriction of the use in wildlife refuges and closed game areas of vehicles or vessels or boats of any description, whether propelled by mechanical power or not, or of aircraft:
e: providing for the issue and regulating the use of marks of identification to be affixed to any preserved specimens of wildlife or any part thereof taken pursuant to a licence or other authority under this Act and retained for any purpose:
f: regulating, restricting, or imposing conditions on the freezing or canning or otherwise preserving of any game and the keeping in any freezing chamber or cool store or the possession thereof when frozen, canned, or otherwise preserved; and providing for the inspection of any freezing chamber, refrigerating works, canneries, or public or privately owned canning plants, and any premises (not being a dwellinghouse) where any game is frozen, canned or otherwise preserved, treated, dressed, or stored:
g: regulating or prohibiting the sale of wildlife (other than game) or the eggs of any such wildlife, and prescribing the purposes for which moneys arising from any such sale may be used:
h: providing for the licensing of taxidermists which thereby authorises them to possess absolutely protected wildlife
i: providing for the inspection of shops and other premises of bird dealers, and the inspection of any aviaries, pens, runs, cages, or other premises where animals are held or are being transported within New Zealand:
j: appointing any specified ports, aerodromes, or other places in New Zealand to be the only ports, aerodromes, or places of export of animals or of the skins, feathers, eggs, flesh, or any other part of animals:
k: regulating or prohibiting the sale, possession, or use of any toxic, poisonous, or narcotic substance or gas or of birdlime or other similar substance to hunt or kill or to catch alive any wildlife:
l: regulating or prohibiting the purchase and sale of the bones and other parts and the eggs of moa or other species that are generally believed to be extinct:
m:
n:
o:
p:
q:
r:
s:
t: providing for the registration of homing pigeons; and prescribing fees in respect thereof:
u: regulating or prohibiting without the consent of the Director-General Director-General
v:
w: regulating or controlling or prohibiting the lighting of fires on any land under the control of the Minister or vested in the Crown for the purposes of this Act:
wa: providing for the conduct of meetings of the Board:
wb: providing for the allowances and expenses to which a Board member is entitled in respect of his or her service as a member of the Board:
wc: prescribing the procedure in respect of applications to the Board for grants and prescribing the criteria to be applied by the Board in considering such applications; and authorising the Board to make any grant subject to conditions imposed by the Board:
wd: providing for the collection and disposal of revenue from game bird habitat stamps and associated products:
we: prescribing a fee or a scale of fees payable in respect of game bird habitat stamps and the basis on which such fees are payable; and prescribing the persons or bodies to whom such fees are payable:
x: prescribing fines not exceeding $5,000
y: prescribing infringement offences for the contravention of regulations made under this Act:
z: 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 absolutely protected, partially protected, or unprotected wildlife:
za: prescribing information to be included in infringement notices and reminder notices.
2A: Without limiting the power to make regulations under subsections (1) and (2), the Governor-General may from time to time, by Order in Council, make regulations for the following purposes:
a: for preventing the pollution of any waters by casting or throwing into, or discharging or causing to be put or discharged into, or placing on the bank or margin of, or placing in a position where it is likely to fall or descend or be washed or percolate into, any such waters, any sawdust or sawmill refuse, lime (other than agricultural or slaked lime), sheep dip, flaxmill refuse, oil, chlorinated hydrocarbon pesticide, or any other substance poisonous or injurious to wildlife, the habitat of wildlife, or the food of wildlife:
b: prescribing offences for breaches of any such regulations, and prescribing—
i: a fine not exceeding $10,000
ii: in the case of a continuing offence, a further fine not exceeding $1,000
2B: Without limiting the power to make regulations under subsections (1), (2), and (2A), the Governor-General may from time to time, by Order in Council, make regulations prescribing the scope and effect of licences to farm, breed, or sell, or capture or dispose of or convey or keep in captivity for the purposes of farming, breeding, or selling, any wildlife specified in Schedule 8
3: Regulations made under this section may apply generally throughout New Zealand or within any specified district or in any specified part or parts thereof.
3A: Notwithstanding anything in section 72(1) or (2)
a: fix the forms (including electronic forms) game licences
b: fix the scope and effect of game game licences
c: provide for the game
d: fix the fees payable for any game licence
e: fix the fees payable in respect of game bird habitat stamps, the basis on which such fees are payable, and the persons or bodies to whom such fees are payable.
3B:
4: The following are secondary legislation ( see Part 3
a: regulations under this section:
b: a notice under subsection (3A).
5: If regulations under subsection (2)﻿(u) authorise the Director-General to grant consents,—
a: a consent under the regulations is secondary legislation ( see Part 3
b: the regulations must contain a statement to that effect.
4:
5: 1908 No 87 s 13 1921–22 No 57 s 43 1936 No 58 s 6 1946 No 40 s 4 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (4). Legislation Act 2019 requirements for secondary legislation referred to in subsection (4) 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. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (5)﻿(a). Legislation Act 2019 requirements for secondary legislation referred to in subsection (5)﻿(a) Publication See the relevant publication, presentation, and disallowance table in the secondary legislation referred to in subsection (4) LA19 ss 73 74 cl 14 Presentation The Minister must present it to the House of Representatives, unless a transitional exemption applies under Schedule 1 LA19 s 114 cl 32 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 72(2)﻿(a) amended 16 December 2017 section 95(1) Electronic Interactions Reform Act 2017 Section 72(2)﻿(a) amended 13 March 1996 section 9 Wildlife Amendment Act 1996 Section 72(2)﻿(b) amended 16 December 2017 section 95(1) Electronic Interactions Reform Act 2017 Section 72(2)﻿(b) amended 13 March 1996 section 9 Wildlife Amendment Act 1996 Section 72(2)﻿(c) amended 16 December 2017 section 95(1) Electronic Interactions Reform Act 2017 Section 72(2)﻿(c) amended 13 March 1996 section 9 Wildlife Amendment Act 1996 Section 72(2)﻿(h) amended 6 December 1983 Wildlife Amendment Act 1983 Section 72(2)﻿(m) repealed 17 October 1960 Animals Protection Act 1960 Section 72(2)﻿(n) repealed 17 October 1960 Animals Protection Act 1960 Section 72(2)﻿(o) repealed 18 September 2012 section 91(3) Biosecurity Law Reform Act 2012 Section 72(2)﻿(p) repealed 10 April 1990 section 86(a) Conservation Law Reform Act 1990 Section 72(2)﻿(q) repealed 10 April 1990 section 86(a) Conservation Law Reform Act 1990 Section 72(2)﻿(r) repealed 10 April 1990 section 86(a) Conservation Law Reform Act 1990 Section 72(2)﻿(s) repealed 10 April 1990 section 86(a) Conservation Law Reform Act 1990 Section 72(2)﻿(u) amended 1 April 1987 section 65(1) Conservation Act 1987 Section 72(2)﻿(v) repealed 10 May 1956 Wildlife Amendment Act 1956 Section 72(2)﻿(wa) inserted 17 May 1993 Wildlife Amendment Act 1993 Section 72(2)﻿(wb) inserted 17 May 1993 Wildlife Amendment Act 1993 Section 72(2)﻿(wc) inserted 17 May 1993 Wildlife Amendment Act 1993 Section 72(2)﻿(wd) inserted 17 May 1993 Wildlife Amendment Act 1993 Section 72(2)﻿(we) inserted 17 May 1993 Wildlife Amendment Act 1993 Section 72(2)﻿(x) amended 25 October 2013 section 34(1) Conservation (Natural Heritage Protection) Act 2013 Section 72(2)﻿(y) inserted 21 December 2018 section 70 Conservation (Infringement System) Act 2018 Section 72(2)﻿(z) inserted 21 December 2018 section 70 Conservation (Infringement System) Act 2018 Section 72(2)﻿(za) inserted 21 December 2018 section 70 Conservation (Infringement System) Act 2018 Section 72(2A) inserted 20 October 1972 Wildlife Amendment Act 1972 Section 72(2A)﻿(b)﻿(i) amended 25 October 2013 section 34(2) Conservation (Natural Heritage Protection) Act 2013 Section 72(2A)﻿(b)﻿(ii) amended 25 October 2013 section 34(3) Conservation (Natural Heritage Protection) Act 2013 Section 72(2B) inserted 6 December 1983 Wildlife Amendment Act 1983 Section 72(3A) inserted 2 September 1996 section 2 Wildlife Amendment Act (No 2) 1996 Section 72(3A) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 72(3A)﻿(a) amended 16 December 2017 section 95(1) Electronic Interactions Reform Act 2017 Section 72(3A)﻿(a) amended 16 December 2017 section 95(2) Electronic Interactions Reform Act 2017 Section 72(3A)﻿(b) amended 16 December 2017 section 95(1) Electronic Interactions Reform Act 2017 Section 72(3A)﻿(b) amended 16 December 2017 section 95(3) Electronic Interactions Reform Act 2017 Section 72(3A)﻿(c) amended 16 December 2017 section 95(4)﻿(a) Electronic Interactions Reform Act 2017 Section 72(3A)﻿(c) amended 16 December 2017 section 95(4)﻿(b) Electronic Interactions Reform Act 2017 Section 72(3A)﻿(d) amended 16 December 2017 section 95(5) Electronic Interactions Reform Act 2017 Section 72(3B) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 72(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 72(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 72(4) repealed 10 April 1990 section 86(b) Conservation Law Reform Act 1990 Section 72(5) repealed 19 December 1989 section 11 Regulations (Disallowance) Act 1989
73: Repeals, savings, and consequential amendments
1: The enactments specified in Schedule 10
2: Without limiting the provisions of the Interpretation Act 1999 provided that all warrants under section 3 or section 4 of the Animals Protection and Game Act 1921–22 shall be deemed to be revoked as from the commencement of this Act.
3:
4: All matters and proceedings that have been commenced under any enactment hereby repealed, and are pending or in progress at the commencement of this Act, may be continued, completed, and enforced as if this Act had not been passed.
5:
6: Section 73(1) amended 6 December 1983 Wildlife Amendment Act 1983 Section 73(2) amended 1 November 1999 section 38(1) Interpretation Act 1999 Section 73(3) repealed 10 April 1990 section 87 Conservation Law Reform Act 1990 Section 73(5) repealed 1 April 1954 Reserves and Domains Act 1953 Section 73(6) repealed 1 April 1954 Reserves and Domains Act 1953