Conservation (Natural Heritage Protection) Act 2013

1: Title
This Act is the Conservation (Natural Heritage Protection) Act 2013
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Amendments to Conservation Act 1987
3: Principal Act
This Part amends the Conservation Act 1987 principal Act 2013-10-25 Conservation Act 1987
4: Section 27A amended (Nga Whenua Rahui kawenata)
In section 27A(1)(c) 44 43C
5: Section 39 amended (Other offences in respect of conservation areas)
1: Replace section 39(1)(ba)
ba: contravenes or fails to comply with section 17O(2), which relates to activities carried out in conservation areas without a concession; or
bb: contravenes or fails to comply with section 17ZF, which relates to operating aircraft in conservation areas without a concession or in an emergency or to repair a navigation aid; or .
2: Repeal section 39(2)
3: In section 39(6) to a fine not exceeding $30,000, and to a further fine of $3,000 per day to imprisonment for a term not exceeding 2 years or a fine not exceeding $100,000, or both, and to a further fine of $10,000 per day
6: New sections 43C and 43D inserted
After section 43B
43C: Penalties for certain offences
1: Every person who commits an offence against any of the provisions listed in subsection (2) subsection (3)
2: The provisions are—
a: section 26ZJ, which relates to unlawful acts in respect of spawning fish:
b: section 26ZR, which relates to the use of a substance or electric device to take or destroy freshwater fish:
c: section 30(6), which relates to the taking of plants from conservation areas:
d: section 38(4)(a), which relates to discharging weapons on, into, or over conservation areas:
e: section 39(1)(b), (bb)
f: section 39(3), which relates to the disposal of contaminants:
g: section 41(a), which relates to resisting or obstructing officers and rangers.
3: The penalties are,—
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:
c: in any case, where the offence is a continuing one, a further fine not exceeding $10,000 for every day on which the offence continues.
43D: 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:
c: in any case, where the offence is a continuing one, a further fine not exceeding $20,000 for every day on which the offence continues.
2: Subsection (1)
7: Section 44 replaced (Penalties)
Replace section 44
44: Penalties
Every person who commits an offence against this Act for which no penalty is prescribed elsewhere in this Act is liable on conviction to,—
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:
c: in any case, where the offence is a continuing one, a further fine not exceeding $10,000 for every day on which the offence continues.
44A: Sentence of community work
A court may sentence any individual who commits an offence against this Act to a sentence of community work, and the provisions of Part 2 of the Sentencing Act 2002 apply with all necessary modifications.
8: Section 48 amended (Regulations)
In section 48(1)(n) $50 $500
2: Amendments to National Parks Act 1980
9: Principal Act
This Part amends the National Parks Act 1980 principal Act 2013-10-25 National Parks Act 1980
10: Section 56 amended (Bylaws)
Replace section 56(1)(m) and (n)
m: prescribing fines, not exceeding $5,000 in any one case, for the breach of any bylaw made under paragraphs (a) to (j):
n: prescribing fines, not exceeding $10,000 in any one case, for the breach of any bylaw made under paragraphs (k) to (l).
11: Section 60 amended (Offences in parks)
1: Repeal section 60(7)
2: In section 60(8) For the purposes of subsections (6) and (7) For the purpose of subsection (6)
12: New sections 69A and 69B inserted
After section 69
69A: Penalties for certain offences
1: Every person who commits an offence against any of the provisions listed in subsection (2) subsection (3)
2: The provisions are—
a: section 13(5), which relates to access to specially protected areas:
b: section 60(1)(a) to (i), (k), and (l), which relate to unauthorised acts in parks:
c: section 60(2)(a) and (b), which relate to failure to remove animals, vehicles, or aircraft from parks:
d: section 60(4)(b) and (c), which relate to the use of firearms:
e: section 63(a), which relates to wilfully obstructing rangers.
3: The penalties are,—
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:
c: in any case, where the offence is a continuing one, a further fine not exceeding $10,000 for every day on which the offence continues.
69B: 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:
c: in any case, where the offence is a continuing one, a further fine not exceeding $20,000 for every day on which the offence continues.
2: Subsection (1)
13: Section 70 replaced (Penalty for offences)
Replace section 70
70: Penalties
Every person who commits an offence against this Act for which no penalty is prescribed elsewhere in this Act is liable on conviction to,—
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:
c: in any case, where the offence is a continuing one, a further fine not exceeding $10,000 for every day on which the offence continues.
70A: Sentence of community work
A court may sentence any individual who commits an offence against this Act to a sentence of community work, and the provisions of Part 2 of the Sentencing Act 2002 apply with all necessary modifications.
3: Amendments to Reserves Act 1977
14: Principal Act
This Part amends the Reserves Act 1977 principal Act 2013-10-25 Reserves Act 1977
15: New sections 102A and 102B inserted
After section 102
102A: Penalties for certain offences
1: Every person who commits an offence against any of the provisions listed in subsection (2) subsection (3)
2: The provisions are—
a: section 94(1)(a) to (k), (l), and (m), which relate to unauthorised acts on reserves:
b: section 94(2)(a), (b), (d), and (da), which relate to failure to comply with requirements relating to animals, vehicles, aircraft, or boats:
c: section 94(4)(b) and (c):
d: section 97(1), which relates to unauthorised fires:
e: section 98(b), which relates to assaulting or obstructing rangers:
f: section 100(5), which relates to obstructing officers.
3: The penalties are,—
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:
c: in any case, where the offence is a continuing one, a further fine not exceeding $10,000 for every day on which the offence continues.
102B: 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:
c: in any case, where the offence is a continuing one, a further fine not exceeding $20,000 for every day on which the offence continues.
2: Subsection (1)
16: Sections 103 and 104 replaced
Replace sections 103 104
103: Penalties
Every person who commits an offence against this Act for which no penalty is prescribed elsewhere in this Act is liable on conviction to,—
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:
c: in any case, where the offence is a continuing one, a further fine not exceeding $10,000 for every day on which the offence continues.
104: Penalty for breach of bylaws
Every person who commits a breach of any bylaw under this Act commits an offence, and is liable on conviction to—
a: a fine not exceeding $5,000; and
b: where the offence is a continuing one, a further fine not exceeding $500 for every day on which the offence continues.
104A: Sentence of community work
A court may sentence any individual who commits an offence against this Act to a sentence of community work, and the provisions of Part 2 of the Sentencing Act 2002 apply with all necessary modifications.
17: Section 123 amended (Regulations)
In section 123(1)(b)
a: replace $200 $5,000
b: replace $5 $500
4: Amendments to Wildlife Act 1953
18: Principal Act
This Part amends the Wildlife Act 1953 principal Act 2013-10-25 Wildlife Act 1953
19: Section 9 amended (Wildlife sanctuaries)
In section 9(4) section 67F(3) section 67F(7)
20: Section 14 amended (Wildlife refuges)
1: In section 14(1C) section 67F(3) section 67F(5)
2: In section 14(3A) section 67F(1) section 67F(5)
21: Section 14A amended (Wildlife management reserves)
In section 14A(4) section 67F(3) section 67F(5)
22: Section 53 amended (Director-General may authorise taking or killing of wildlife for certain purposes)
In section 53(7) section 67F(1) section 67F(5)
23: Section 59 amended (Entry on land for purposes of Act)
In section 59(6) section 67F(1) section 67F(7)
24: Section 61 amended (Person in pursuit of wildlife to comply with demand by authorised officer)
In section 61(6) section 67F(1) section 67F(5)
25: Section 64 amended (Offences in relation to wildlife sanctuaries)
In section 64 section 67F(3) section 67F(7)
26: Section 65 amended (Other offences)
In section 65(1) section 67F(1) section 67F(5)
27: Section 66 amended (Offenders to give name and address to rangers, etc)
In section 66(2) and (3) section 67F(1) section 67F(5)
28: Section 67 amended (Penalties for offences in respect of marine wildlife)
Replace section 67(1)(fa)
fa: commits an offence against section 63A (which relates to the taking of absolutely or partially protected marine wildlife) is liable to imprisonment for a term not exceeding 2 years, or to a fine not exceeding $250,000, or both: .
29: Section 67A amended (Penalties for offences in respect of absolutely protected wildlife)
Replace section 67A(1)
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.
30: Section 67B replaced (Penalty for offence of liberating wildlife)
Replace section 67B
67B: Penalty for offence of liberating wildlife
Every person who commits an offence against section 56(1)(ab) 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.
31: Section 67D amended (Penalty for offence of obstructing ranger)
1: In section 67D(a)
a: replace 3 months 2 years
b: replace $5,000 $100,000, or both
2: In section 67D(b) $10,000 $200,000
32: Section 67F amended (Penalties for other offences)
1: Repeal section 67F(2)(a), (c), (d), (h), (j), (l), (n), and (o)
2: Repeal section 67F(4)(d), (e), (f), and (h)
3: After section 67F(4)
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) (which relates to breaching a Proclamation or notice in respect of a wildlife refuge):
b: section 14(3A) (which relates to prohibited acts committed in wildlife refuges):
c: section 14A(4) (which relates to breaching a Proclamation in respect of a wildlife management reserve):
d: section 53(7) (which relates to the failure of a person or officer to comply with an authorisation):
e: section 61(6) (which relates to failing to produce various items):
f: section 65(1) (which provides for various miscellaneous offences):
g: section 66(2) (which relates to wilfully continuing an offence):
h: section 66(3) (which relates to failing to give a name, or giving a false name or address).
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) (which relates to breaching an Order in Council in respect of a wildlife sanctuary):
b: section 59(6) (which relates to obstructing the Director-General or an officer in the exercise of powers):
c: section 64 (which relates to acts committed in wildlife sanctuaries).
33: New section 67I inserted (Penalties for offences committed for commercial gain or reward)
After section 67H
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)
34: Section 72 amended (Regulations)
1: In section 72(2)(x) $2,000 $5,000
2: In section 72(2A)(b)(i) $5,000 $10,000
3: In section 72(2A)(b)(ii) $100 $1,000
5: Amendments to Wild Animal Control Act 1977
35: Principal Act
This Part amends the Wild Animal Control Act 1977 principal Act 2013-10-25 Wild Animal Control Act 1977
36: Section 39 amended (Penalties)
Replace section 39(1) to (3)
1: Every person who commits an offence against any of the provisions listed in subsection (2)
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:
c: in any case, where the offence is a continuing one, a further fine not exceeding $10,000 for every day on which the offence continues.
2: The provisions are—
a: section 8(2), which relates to unauthorised hunting or killing and unauthorised discharge of weapons:
b: section 11(3), which relates to unauthorised capture, conveyance, possession, or liberation of wild animals:
c: section 12A(10), which relates to failing to maintain deer enclosures:
d: section 12B(6), which relates to failing to maintain animal enclosures on safari parks:
e: section 17(2), which relates to obstructing, hindering, or resisting officers:
f: section 36(1)(d), which relates to impeding, obstructing, or threatening officers:
g: section 36(3), which relates to engaging in wild animal recovery operations without a concession.
3: Every person who commits an offence against any regulations made under this Act for which no penalty is provided elsewhere than in this subsection is liable,—
a: in the case of an individual,—
i: to a fine not exceeding $5,000; and
ii: if the offence is a continuing one, to a further fine not exceeding $500 for every day on which the offence continues:
b: in the case of a body corporate,—
i: to a fine not exceeding $10,000; and
ii: if the offence is a continuing one, to a further fine not exceeding $1,000 for every day on which the offence continues.
3A: Every person who commits an offence against this Act for which no penalty is prescribed elsewhere in this Act is liable on conviction to—
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:
c: in any case, where the offence is a continuing one, a further fine not exceeding $10,000 for every day on which the offence continues.
37: New sections 39A and 39B inserted
After section 39
39A: Sentence of community work
A court may sentence any individual who commits an offence against this Act to a sentence of community work, and the provisions of Part 2 of the Sentencing Act 2002 apply with all necessary modifications.
39B: 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:
c: in any case, where the offence is a continuing one, a further fine not exceeding $20,000 for every day on which the offence continues.
2: Subsection (1)
6: Amendments to Marine Mammals Protection Act 1978
38: Principal Act
This Part amends the Marine Mammals Protection Act 1978 principal Act 2013-10-25 Marine Mammals Protection Act 1978
39: Section 9 amended (Offence to take marine mammal without permit)
In section 9(1)
a: replace 6 months 2 years
b: delete , and to a further fine not exceeding $10,000 for every marine mammal in respect of which the offence was committed,
40: Section 16 amended (Reporting of accidental death or injury)
After section 16(4)
5: Every person commits an offence against this Act who refuses or fails to furnish any information or particulars required by the Director-General under subsection (3A).
6: Every person who commits an offence against this section is liable on conviction before a District Court Judge to a fine not exceeding $10,000.
41: Section 23 amended (Offences and penalties)
1: Replace section 23(1)
1: Every person commits an offence who—
a: acts in contravention of or fails to comply in any respect with any notice, direction, restriction, requirement, or condition given, made, or imposed under this Act; or
b: makes any false or misleading statement or any material omission in any communication with or application or return to the Minister, to the Director-General, or to the Department of Conservation, or any duly authorised officer or employee of the Department of Conservation, or any officer (whether in writing or otherwise), for the purposes of this Act; or
c: refuses or fails to furnish any return or information or particulars required by the Minister, the Director-General, or any duly authorised officer or employee of the Department of Conservation, or any officer, for the purposes of this Act.
1A: Every person commits an offence against this Act who—
a: acts in contravention of or fails to comply in any respect with any notice, direction, restriction, requirement, or condition given, made, or imposed under any regulations made under this Act; or
b: makes any false or misleading statement or any material omission in any communication with or application or return to the Minister, to the Director-General, or to the Department of Conservation, or any duly authorised officer or employee of the Department of Conservation, or any officer (whether in writing or otherwise), for the purposes of any regulations made under this Act; or
c: refuses or fails to furnish any return or information or particulars required by the Minister, the Director-General, or any duly authorised officer or employee of the Department of Conservation, or any officer, for the purposes of any regulations made under this Act.
2: After section 23(2)
2A: Every person who commits an offence against subsection (1)
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:
c: in any case, where the offence is a continuing one, a further fine not exceeding $10,000 for every day on which the offence continues.
3: In section 23(3) summary
4: Replace section 23(3)(a)
a: in the case of an offence against subsection (2) or section 17,—
i: in the case of an individual, imprisonment for a term not exceeding 2 years or a fine not exceeding $100,000, or both:
ii: in the case of a body corporate, a fine not exceeding $200,000:
iii: in any case, where the offence is a continuing one, a further fine not exceeding $10,000 for every day on which the offence continues; and .
42: New section 23A inserted (Penalties for offences committed for commercial gain or reward)
After section 23
23A: 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:
c: in any case, where the offence is a continuing one, a further fine not exceeding $20,000 for every day on which the offence continues.
2: Subsection (1)
43: New section 26A inserted (Sentence of community work)
After section 26
26A: Sentence of community work
A court may sentence any individual who commits an offence against this Act to a sentence of community work, and the provisions of Part 2 of the Sentencing Act 2002 apply with all necessary modifications.