Marine Mammals Protection Act 1978

1: Short Title and application
1: This Act may be cited as the Marine Mammals Protection Act 1978.
2: Nothing in this Act shall apply before 1 January 1979 with respect to any permit, licence, or permission issued or given pursuant to section 45 of the Fisheries Act 1908
3: The provisions of this Act shall apply in respect of—
a: any matter or thing done, to be done, or omitted to be done within New Zealand or New Zealand fisheries waters:
b: any act or omission occurring on any New Zealand ship or aircraft, wherever that ship or aircraft may be:
c: subject to section 26(2)
2: Interpretation
1: In this Act, unless the context otherwise requires,— aircraft section 2 approved aquatic life Board section 6L Conservation Authority section 6A conservation management plan section 3D conservation management strategy section 17F Crown-owned land Director-General 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 hovercraft human-induced mortality infringement fee infringement offence
a: an offence against section 27A
b: an offence against regulations made under this Act that is declared by regulations to be an infringement offence international agreement marine mammal
a: any mammal which is morphologically adapted to, or which primarily inhabits, any marine environment; and
b: all species of seal ( Pinnipedia Cetacea Sirenia
c: the progeny of any marine mammal; and
d: any part of any marine mammal Minister Conservation New Zealand fisheries waters section 2(1) Fisheries Act 1996 New Zealand ship section 2(1) officer section 11 permit place population management plan section 3E take
a: to take, catch, kill, injure, attract, poison, tranquillise, herd, harass, disturb, or possess:
b: to brand, tag, mark, or do any similar thing:
c: to flense, render down, or separate any part from a carcass:
d: to attempt to do any act specified in paragraph (a) or paragraph (b) or paragraph (c) threatened species vessel warranted officer Conservation Act 1987
2: For the purposes of this Act, a marine mammal shall be in the possession of any person when that person has, alone or jointly with any other person, possession of or control over the marine mammal, or possession of or control over any vessel, vehicle, aircraft, hovercraft, container, package, receptacle, or place in or on which the marine mammal is kept.
3: The Minister, after having regard to any relevant international standards and any relevant standards within New Zealand, may from time to time
4: A declaration under subsection (3) 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 2(1) aircraft substituted 1 February 1995 section 203 Maritime Transport Act 1994 Section 2(1) aquatic life inserted 1 October 1996 section 316(1) Fisheries Act 1996 Section 2(1) Board inserted 10 April 1990 section 106 Conservation Law Reform Act 1990 Section 2(1) Conservation Authority inserted 10 April 1990 section 106 Conservation Law Reform Act 1990 Section 2(1) conservation management plan inserted 10 April 1990 section 106 Conservation Law Reform Act 1990 Section 2(1) conservation management strategy inserted 10 April 1990 section 106 Conservation Law Reform Act 1990 Section 2(1) Director-General substituted 1 April 1987 section 65(1) Conservation Act 1987 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) hovercraft substituted 1 February 1995 section 203 Maritime Transport Act 1994 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 15 Conservation (Infringement System) Act 2018 Section 2(1) infringement offence inserted 21 December 2018 section 15 Conservation (Infringement System) Act 2018 Section 2(1) Inspector of Sea Fishing repealed 1 April 1987 section 65(1) Conservation Act 1987 Section 2(1) Minister amended 1 April 1987 section 65(1) Conservation Act 1987 Section 2(1) New Zealand fisheries waters amended 1 October 1996 section 316(1) Fisheries Act 1996 Section 2(1) New Zealand ship substituted 1 February 1995 section 203 Maritime Transport Act 1994 Section 2(1) population management plan inserted 1 October 1996 section 316(1) Fisheries Act 1996 Section 2(1) Registrar repealed 1 April 1987 section 65(1) Conservation Act 1987 Section 2(1) threatened species inserted 1 October 1996 section 316(1) Fisheries Act 1996 Section 2(1) warranted officer added 1 April 1987 section 65(1) Conservation Act 1987 Section 2(3) added 1 October 1996 section 316(1) Fisheries Act 1996 Section 2(3) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 2(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
3: Act to bind the Crown
This Act shall bind the Crown.
3A: Department of Conservation to administer marine mammals and sanctuaries
The Department of Conservation shall administer and manage marine mammals and marine mammal sanctuaries in accordance with—
a: any statements of general policy approved under section 3B
b: any conservation management strategy and any conservation management plan for the time being in force for the area concerned. Section 3A inserted 10 April 1990 section 107 Conservation Law Reform Act 1990
3B: 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 (except subsections (1) and (2)) and 17N
a: in addition to the consultation required by section 17B(3)﻿(a) responsible chief executive
b: as soon as practicable after a draft policy is prepared under section 17B(3)
c: before sending a draft policy to the Conservation Authority, the Director-General shall consider any comments made by the persons referred to in paragraph (a). Section 3B inserted 10 April 1990 section 107 Conservation Law Reform Act 1990 Section 3B(3)﻿(a) amended 1 July 1995 section 6(1)﻿(a) Ministry of Agriculture and Fisheries (Restructuring) Act 1995
3C: Conservation management strategies
1: Every conservation management strategy shall establish objectives for the integrated management of marine mammals under this Act.
2: For the purposes of this section, the following provisions shall apply in addition to those in section 17F
a: in addition to the consultation required by section 17F(a) responsible chief executive all regional councils within the meaning of the Local Government Act 2002
b: in addition to the notification required by section 17F(a) responsible chief executive
c: before sending the strategy to the Boards affected, the Director-General shall consider any comments made by the responsible chief executive regional councils that are affected Section 3C inserted 10 April 1990 section 107 Conservation Law Reform Act 1990 Section 3C(2)﻿(a) amended section 262 Local Government Act 2002 Section 3C(2)﻿(a) amended 1 July 1995 section 6(1)﻿(a) Ministry of Agriculture and Fisheries (Restructuring) Act 1995 Section 3C(2)﻿(b) amended 1 July 1995 section 6(1)﻿(a) Ministry of Agriculture and Fisheries (Restructuring) Act 1995 Section 3C(2)﻿(c) amended 1 July 2003 section 262 Local Government Act 2002 Section 3C(2)﻿(c) amended 1 July 1995 section 6(1)﻿(a) Ministry of Agriculture and Fisheries (Restructuring) Act 1995
3D: Conservation management plans
1: The purpose of a conservation management plan under this section is to establish objectives for the management of a marine mammal sanctuary or sanctuaries.
2: For the purposes of this section, sections 17E (except subsections (1), (4), (6), and (7)), 17G 17H 17I 17N
a: in addition to the consultation required by section 17F(a) section 17G(1) responsible chief executive all regional councils within the meaning of the Local Government Act 2002
b: in addition to the notification required by section 17F(a) responsible chief executive
c: before sending the plans to the Boards affected, the Director-General shall consider any comments made by the responsible chief executive regional councils that are affected Section 3D inserted 10 April 1990 section 107 Conservation Law Reform Act 1990 Section 3D(2) amended 25 November 1994 Marine Mammals Protection Amendment Act 1994 Section 3D(2)﻿(a) amended 1 July 2003 section 262 Local Government Act 2002 Section 3D(2)﻿(a) amended 1 July 1995 section 6(1)﻿(a) Ministry of Agriculture and Fisheries (Restructuring) Act 1995 Section 3D(2)﻿(b) amended 1 July 1995 section 6(1)﻿(a) Ministry of Agriculture and Fisheries (Restructuring) Act 1995 Section 3D(2)﻿(c) amended 1 July 2003 section 262 Local Government Act 2002 Section 3D(2)﻿(c) amended 1 July 1995 section 6(1)﻿(a) Ministry of Agriculture and Fisheries (Restructuring) Act 1995
3E: 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 mammal, 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 3F
e: an estimate of the range of fishing-related mortality for the species which would allow the criteria specified in section 3F
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 3F
g: subject to section 3G
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 mammals 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 marine mammals within those waters bears to the total estimated mortality of marine mammals in all waters (including waters outside New Zealand fisheries waters). Section 3E inserted 1 October 1996 section 316(1) Fisheries Act 1996
3F: 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 mammals under section 3E(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 mammal, 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 3F inserted 1 October 1996 section 316(1) Fisheries Act 1996
3G: Determining area-based maximum levels of fishing-related mortality
1: Area-based limits set under section 3E(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 3E(1)﻿(g) Section 3G inserted 1 October 1996 section 316(1) Fisheries Act 1996
3H: 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 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 3E 3F 3G
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 with 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 3H inserted 1 October 1996 section 316(1) Fisheries Act 1996 Section 3H(1)﻿(o) inserted 23 June 1998 section 36 Fisheries (Remedial Issues) Amendment Act 1998
4: Restrictions on holding or taking marine mammals
1: Notwithstanding anything in any other enactment, but subject to this Act, no person shall—
a: hold a marine mammal in captivity; or
b: take any marine mammal, whether alive or dead, in or from its natural habitat or in or from any other place— without first obtaining a permit to do so from the Minister or from any person or persons authorised in that behalf by the Minister.
1A: The Minister may from time to time, by notice
2: Subject to section 5(3) section 28
3: Nothing in subsection (2) shall apply with respect to any whale product the subject of an order made under section 96
4:
5: A permit shall not be required—
a: by any person who finds or collects bones, teeth, ivory, or ambergris that have already separated naturally from a marine mammal if that person, as soon as practicable, notifies the Director-General or an officer
b: by any person who finds any dead marine mammal or part of one and, if authorised to do so by an officer Department of Conservation
c: by any person taking from or bringing into New Zealand any marine mammal product, being an ornament or an item for personal use or adornment made wholly or principally from any part or parts of a marine mammal, if the marine mammal product accompanies that person from or into New Zealand or comprises part of that person's belongings and was in existence in a similar form as at the commencement of this Act.
6: A notice under subsection (1A) 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 4 heading substituted 25 November 1994 Marine Mammals Protection Act Amendment 1994 Section 4(1) substituted 25 May 1995 Marine Mammals Protection Amendment Act 1994 Section 4(1A) inserted 25 November 1994 Marine Mammals Protection Act Amendment 1994 Section 4(1A) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 4(3) amended 1 October 2018 section 443(3) Customs and Excise Act 2018 Section 4(4) repealed 1 April 1987 section 65(1) Conservation Act 1987 Section 4(5)﻿(a) amended 1 April 1987 section 65(1) Conservation Act 1987 Section 4(5)﻿(b) amended 1 April 1987 section 65(1) Conservation Act 1987 Section 4(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
5: Application for permit
1: Every person who desires to obtain a permit to hold or
2: Every application shall specify—
a: the full name and address of the applicant, whether or not the applicant is a New Zealand citizen, and details of such qualifications and experience as the applicant considers will assist the Minister in his consideration of the application:
b: in the case of an intended research project, a full description of the project or programme in which the marine mammal to be taken will be used, a complete list of the sponsors or co-operating institutions concerned with the project, and the names and qualifications of any scientists involved:
c: where the marine mammal is for display or zoological purposes, details relating to the facilities where the mammal taken will be held or displayed or, if a certificate has been issued in respect of any zoological garden pursuant to regulations made under section 25 of the Animals Act 1967
d: where a marine mammal is to be captured, the number of persons to be involved, the population or area from which it is proposed to take the mammal, and details of the proposed methods of capture and transportation.
3: No person shall make an application under this section to import any marine mammal or marine mammal product unless a permit issued under the Animals Act 1967
4: The Director-General may investigate any application, and may request the applicant to provide such further information as the Director-General thinks will assist the Minister. On completing any such investigation the Director-General shall forward the application and all supporting documents to the Minister, together with a report on the nature and extent of the investigation and any conclusions that the Director-General may have drawn as a result.
5: The Minister shall, before he grants a permit under section 6 Gazette provided that nothing in this subsection applies to an application for a permit to take whalebone from dead whales.
6: Notwithstanding subsection (5), the Minister shall not, except in the case of an application for a permit to hunt and kill any marine mammal or capture any marine mammal for display purposes, be required to publish the notice referred to in that subsection if he is satisfied that it is expedient for the notice not to be published in any case where the application relates to an emergency situation or to the taking of any marine mammal solely for the purposes of research.
7: In considering any application for a permit, the Minister shall have regard to—
a: the need to conserve, protect, or manage any marine mammal:
b: any international agreement to which New Zealand is a party:
c: any submissions received pursuant to subsection (5). Section 5(1) amended 25 November 1994 Marine Mammals Protection Amendment Act 1994 Section 5(5) proviso added 25 November 1994 Marine Mammals Protection Amendment Act 1994
6: Grant of permit
The Minister, in his discretion, may grant a permit under this Act or refuse to grant a permit, and his decision shall be final.
7: Conditions of permit
1: Subject to such conditions as may be prescribed by regulations made under this Act, the Minister may attach to any permit such conditions as he thinks fit, including conditions relating to—
a: the taking of marine mammals solely for the purpose of research:
b: the taking of marine mammals to be held in zoological gardens or aquaria or other places of a similar nature for observation by the public under such conditions as may also be specified in the permit:
c: the methods by which any species of marine mammals may be managed:
d: the boats, gear, equipment, and methods to be used in taking any marine mammal:
e: the payment of a deposit or fee not exceeding such amount as may be prescribed by regulations made under this Act in respect of any marine mammal:
f: the entering into of a bond in favour of the Crown, either with or without sureties, for such amount as the Minister thinks will give security for the performance by the permit holder of any obligation incurred under this Act or the permit:
g: the records that are to be kept by the permit holder in relation to any marine mammal, and any information which is to be supplied to either the Minister or the Director-General.
2: Any permit may be revoked and the conditions attached to it amended at any time by the Minister or by any person authorised by him.
3: No permit shall be transferred to any other person except with the consent in writing of the Minister.
8: Register of marine mammal permits
1: For the purposes of this Act, the Director-General shall set up and maintain a register of permits granted by the Minister.
2: The register shall be open to inspection by the public during ordinary office hours on payment of a fee of $2.
3: On payment to him of a fee of $5, the Director-General shall send to any person requesting the same in writing a copy of any specified entry in the register.
4: Wherever a permit is granted, renewed, amended, or revoked by the Minister under this Act, the Director-General shall make an appropriate entry in the register, showing—
a: in the case of the issue of a permit, the name and address of the holder, the actions authorised by the permit, any conditions which the Minister may attach or any directions he may have given in respect of it, and the date on which the application was granted:
b: in the case of the revocation of a permit, the date and the grounds on which the revocation was made.
5: The Director-General shall also, in respect of any entry, record such other particulars as may from time to time be prescribed by regulations made under this Act, and such further conditions, amendments, or directions as the Minister may from time to time attach, make, or give in respect of any permit.
9: Offence to take marine mammal without permit
1: Every person commits an offence and is liable to imprisonment for a term not exceeding 2 years
2: Upon the conviction of any person for an offence against subsection (1), any marine mammal unlawfully taken, in possession, under the control of any person, or on board any vessel, vehicle, aircraft, or hovercraft, and all vessels, vehicles, aircraft, hovercraft, gear, nets, tackle, equipment, and apparatus used in respect of the commission of the offence shall be forfeit to the Crown, and shall be disposed of as the Minister thinks fit. Section 9(1) substituted 1 October 1996 section 316(1) Fisheries Act 1996 Section 9(1) amended 25 October 2013 section 39(a) Conservation (Natural Heritage Protection) Act 2013 Section 9(1) amended 25 October 2013 section 39(b) Conservation (Natural Heritage Protection) Act 2013
10: Director-General to be notified of actions taken in respect of marine mammals
1: Where any person completes any action in relation to a marine mammal, being an action that he is authorised to take under or pursuant to this Act or to a permit, he shall forthwith give to the Director-General full details of the results of that action, including—
a: the number of injuries caused or deaths among any taken marine mammals, together with the date on and the location at which those injuries or deaths occurred, and the species injured or killed:
b: the cause, as far as may be determined, of any such injury or death:
c: the measures taken to avoid further such injuries or deaths:
d: whether any species of marine mammal other than that authorised was taken, the location and date of such a taking, the method by which it was taken, and whether or not it appeared to be unharmed when it was released.
2: Every person commits an offence against this Act who contravenes subsection (1).
11: Marine Mammals Officers
1: Every warranted officer, and every fishery officer appointed under section 196
2: For the purposes of this Act, the Director-General may from time to time appoint any person to be a Marine Mammals Officer on such terms and conditions as may be approved. If any person appointed as an officer is a full-time officer or employee of the State services he shall not be entitled to any additional remuneration in respect of his appointment under this subsection.
3: Every person appointed under subsection (2) shall be appointed for such term, not exceeding 3 years, as the Director-General thinks fit, and may be reappointed.
4: Any person appointed under subsection (2) may at any time be removed from office by the Director-General for incapacity, neglect of duty, or misconduct, or may at any time resign his office by writing addressed to the Director-General.
5: Any person 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 his warrant of appointment.
6: No person appointed under subsection (2) shall, by virtue of that appointment, be deemed to be employed in the service of Her Majesty for the purposes of the Public Service Act 2020 Government Superannuation Fund Act 1956
7: Every person declared to be an officer under subsection (1) shall have and may exercise, in respect of supervising, administering, and enforcing the provisions of this Act, all the powers that a warranted officer has in relation to supervising, administering, and enforcing the provisions of the Conservation Act 1987
8: Every officer appointed under subsection (2) shall have such duties and may exercise such powers in relation to marine mammals as the Director-General may direct, being powers of no greater extent than those exercised by a warranted officer
9: The Director-General shall issue to every officer (except a constable) a warrant showing the officer's authority to exercise any powers conferred on him pursuant to this section.
10: The production by any officer of any warrant issued under this section or section 59 section 196 Section 11(1) amended 1 October 2001 section 314(1)﻿(v) Fisheries Act 1996 Section 11(1) amended 1 April 1987 section 65(1) Conservation Act 1987 Section 11(6) amended 7 August 2020 section 135 Public Service Act 2020 Section 11(7) amended 1 April 1987 section 65(1) Conservation Act 1987 Section 11(8) amended 1 April 1987 section 65(1) Conservation Act 1987 Section 11(10) amended 1 October 2001 section 314(1)﻿(v) Fisheries Act 1996 Section 11(10) amended 1 April 1987 section 65(1) Conservation Act 1987
12: Officers to be provided with subsistence and accommodation
1: Any officer authorised in that behalf by the Director-General may go on board any vessel, aircraft, or hovercraft used for taking any marine mammal and shall, during such period as may be specified in his authority, be entitled to remain on board, to be provided with subsistence and, where appropriate, accommodation, and to be present at all operations relating to the taking of marine mammals.
2: The master or person in command of any vessel or aircraft or hovercraft shall be paid such amount as may be approved for supplying any subsistence or accommodation to an officer under subsection (1).
3: Every person commits an offence against this Act who refuses to supply subsistence or accommodation to any officer under this section, or to allow him to be present at all operations relating to the taking of marine mammals.
13: Powers of search
1: Subject to this Act and notwithstanding anything to the contrary in the Conservation Act 1987
2: The provisions of Part 4 subpart 3
3: An officer shall not enter, inspect, or examine any aircraft or hovercraft unless he is accompanied by the pilot in command, or the owner, or a representative or agent of the owner, of the aircraft or hovercraft.
4: An officer shall not enter any dwellinghouse section 14
5: Every officer may, in the course of any search under this section or section 14
5A: The provisions of subparts 1 5 6 7 9 10
6: Every person in or about any dwellinghouse, place, vehicle, or vessel inspected under the provisions of this Act, and the pilot in command and the owner and every agent or representative of the owner of any aircraft or hovercraft so inspected, shall—
a: facilitate the entry, inspection, and examination by an officer:
b: facilitate the removal of any container, package, receptacle, or thing. Section 13(1) amended 1 April 1987 section 65(1) Conservation Act 1987 Section 13(2) replaced 1 October 2012 section 274(1) Search and Surveillance Act 2012 Section 13(4) amended 13 December 1979 Marine Mammals Protection Amendment Act 1979 Section 13(5A) inserted 1 October 2012 section 274(2) Search and Surveillance Act 2012
14: Officer may obtain warrant
1: An issuing officer (within the meaning of section 3 subpart 3 to every officer named in the warrant
a: any breach of this Act or any regulation made under it has been, is being, or will be committed; or
b: preparation has been made to commit a breach of this kind.
2: The provisions of Part 4 Section 14 replaced 1 October 2012 section 275 Search and Surveillance Act 2012 Section 14(1) amended 26 March 2015 section 4 Marine Mammals Protection Amendment Act 2015
15: Officers, etc, protected from proceedings
No action or proceedings shall be brought against the Crown, or any officer, or any person acting under the instructions of an officer, in respect of any thing done or undertaken for the purpose of carrying out the provisions of this Act or any regulations made under it where the Crown or those persons have acted in good faith and with reasonable care.
16: Reporting of accidental death or injury
1: Where any person, in the course of fishing pursuant to any licence, permit, or permission granted or given under the Fisheries Act 1983 or incidentally
a: if fishing from a vessel, record the event event an officer or a fishery officer (as defined in section 2(1)
b: in any other case, report the event an officer or a fishery officer (as defined in section 2(1)
2: Any person (not being a person to whom subsection (1) applies) who, by any means whatsoever, accidentally or incidentally event an officer 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
b: the species (if known) of the marine mammal killed or injured, or a general description of the mammal; and
c: a description of conditions and the circumstances of the event
3A: 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.
4: Every person commits an offence against this Act who contravenes subsection (1) or subsection (2).
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. Section 16(1) amended 1 October 1996 section 316(1) Fisheries Act 1996 Section 16(1) amended 1 October 1983 section 108(1) Fisheries Act 1983 Section 16(1)﻿(a) amended 1 October 1996 section 316(1) Fisheries Act 1996 Section 16(1)﻿(b) amended 1 October 1996 section 316(1) Fisheries Act 1996 Section 16(2) amended 1 October 1996 section 316(1) Fisheries Act 1996 Section 16(3)﻿(a) amended 1 October 1996 section 316(1) Fisheries Act 1996 Section 16(3)﻿(c) amended 1 October 1996 section 316(1) Fisheries Act 1996 Section 16(3A) inserted 1 October 1996 section 316(1) Fisheries Act 1996 Section 16(5) inserted 25 October 2013 section 40 Conservation (Natural Heritage Protection) Act 2013 Section 16(6) inserted 25 October 2013 section 40 Conservation (Natural Heritage Protection) Act 2013
17: Purse seining
1: No person shall use any purse seine net for the purposes of fishing unless—
a: that person has in the net an escape panel or aperture from which any dolphin or porpoise can readily escape; and
b: that person follows a fishing practice acceptable to the Director-General.
2: Subject to subsection (3), the Director-General may, from time to time by notice
3: No exemption from the requirements of subsection (1) shall be given in respect of a purse seine net used in fishing for yellowfin tuna.
4: Every person commits an offence against this Act who contravenes subsection (1) or, where any exemption has been granted by notice under subsection (2), contravenes or fails to comply with any conditions imposed by such notice.
5: The following are secondary legislation ( see Part 3
a: a notice under this section, unless it applies only to 1 or more named persons; and
b: an amendment or a revocation of a notice under this section that is secondary legislation.
6: If a notice under this section applies only to 1 or more named persons, the Director-General must notify the making of the notice in the Gazette 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(2) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 17(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 17(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
18: Treatment or disposal of sick or dead marine mammals
1: Nothing in this Act shall affect—
a: any person who gives any humane assistance, care, or medication to any stranded, sick, or injured marine mammal if (where known) details of the mammal's species, length, sex, and condition, or a general description of the mammal, and details of the treatment and any results of the treatment are forwarded to the Director-General or an officer
b: the moving of any marine mammal by or under the direction of any officer in the interests of public safety or the well-being of the mammal:
c: the destruction of any aged, sick, distressed, or troublesome marine mammal by or under the direction of an officer
2: Dead marine mammals shall be disposed of in accordance with the advice of an officer Section 18(1)﻿(a) amended 1 July 1987 State-Owned Enterprises Amendment Act 1987 Section 18(1)﻿(a) amended 1 April 1987 section 65(1) Conservation Act 1987 Section 18(1)﻿(c) amended 1 April 1987 section 65(1) Conservation Act 1987 Section 18(2) amended 1 April 1987 section 65(1) Conservation Act 1987
19: Destruction of diseased captive marine mammals
1: Where any marine mammal is taken or kept pursuant to a permit issued under this Act, and is found at any time—
a: to be affected with any unhealthy condition or to be diseased or suffering from any disability; or
b: to be so injured or debilitated that it might be suffering— an officer, veterinarian within the meaning of section 4
2: The costs of and incidental to any such seizure or destruction shall be borne by the person keeping the marine mammal concerned.
3: No compensation shall be payable to any person under this section. Section 19(1) amended 22 December 2005 section 95 Veterinarians Act 2005
20: No derogation from certain enactments
Nothing in this Act shall derogate from the provisions of—
a: the Animal Welfare Act 1999
b: Part 4
c: the Ross Dependency Whaling Regulations, 1929, as published in the Gazette Section 20(a) substituted 1 January 2000 section 194 Animal Welfare Act 1999 Section 20(b) substituted 23 January 1998 section 56(1) Antarctica (Environmental Protection) Act 1994
21: Advisory, research, and technical committees
1: The Minister may from time to time appoint such advisory, research, or technical committees of 1 or more persons as he thinks fit, and he may delegate to any such committee such of the powers conferred on him under this Act as he thinks fit or require the committee to investigate and report to him on such matters relating to marine mammals as he may direct or of which the committee, or any member or members of it, may have special knowledge or experience.
2: Every committee 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.
3: Every delegation under this section shall be revocable at will.
4: No delegation under this section shall prevent the exercise of any power by the Minister.
5: Every committee appointed under this section is hereby declared to be a statutory board within the meaning of the Fees and Travelling Allowances Act 1951
6: The Minister may direct the Director-General to provide from his Department Section 21(6) amended 1 April 1987 section 65(1) Conservation Act 1987
22: Marine mammal sanctuaries
1: Subject to this section, the Minister may, by notice ( see
a: define any place and declare it to be a marine mammal sanctuary; and
b: vary, redefine, or abolish a marine mammal sanctuary.
1A: Before making a notice under subsection (1)﻿(b), the Minister must—
a: publish a notice in the Gazette
b: consider any written submissions received within 28 days after the notice under paragraph (a) is published.
2: Where any other Minister of the Crown has the control of any Crown-owned land, foreshore, seabed, or waters of the sea which is declared to be a marine mammal sanctuary or which forms part of one, the consent of that Minister to the declaration shall be notified concurrently with the notice given under subsection (1).
3: When defining and declaring a sanctuary under this section, the Minister may specify the activities that may or may not be engaged in within the sanctuary, and may impose restrictions in respect of the sanctuary.
4: No marine mammal sanctuary shall be declared in any Maritime or National Park, in any reserve within the meaning of the Reserves Act 1977 Marine Reserves Act 1971
5: Every constable, and every ranger appointed under section 38 section 27 of the National Parks Act 1952 section 8 section 39
6: A notice under subsection (1) 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 22(1) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Section 22(1A) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 22(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
23: Offences and penalties
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: Every person commits an offence against this Act who—
a: except under the authority of any enactment, places or leaves any structure or trap or chemical or other substance in any place where a marine mammal is or is likely to be and which injures or harms, or is likely to injure or harm, any marine mammal:
b: uses any vehicle, vessel, aircraft, or hovercraft to herd or harass any marine mammal.
2A: Every person who commits an offence against subsection (1) or section 10 12(3)
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: Every person who commits an offence against this Act for which no penalty is provided otherwise than in this section is liable, on District Court Judge
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
b: in any other case, $10,000 Section 23(1) replaced 25 October 2013 section 41(1) Conservation (Natural Heritage Protection) Act 2013 Section 23(1A) inserted 25 October 2013 section 41(1) Conservation (Natural Heritage Protection) Act 2013 Section 23(2A) inserted 25 October 2013 section 41(2) Conservation (Natural Heritage Protection) Act 2013 Section 23(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 23(3) amended 1 April 1980 section 18(2) District Courts Amendment Act 1979 Section 23(3)﻿(a) replaced 25 October 2013 section 41(4) Conservation (Natural Heritage Protection) Act 2013 Section 23(3)﻿(b) amended 1 October 1996 section 316(1) Fisheries Act 1996
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) overrides every other provision of this Act to the contrary. Section 23A inserted 25 October 2013 section 42 Conservation (Natural Heritage Protection) Act 2013
24: Onus of proof in respect of certain offences
Where any person is charged with an offence under this Act arising out of his taking or doing, without a permit or authority, any action for the taking or doing of which a permit or authority is required, the onus shall be on that person to prove that at the relevant time he held the required permit or authority.
25: Proceedings in respect of offences
Despite anything to the contrary in section 25 Section 25 amended 1 July 2013 section 413 Criminal Procedure Act 2011
26: Defences in respect of certain offences
1: Where any person (not being a New Zealand citizen) is proceeded against in respect of the proceedings
2: Where any New Zealand citizen is proceeded against in respect of the proceedings section 28
3: Where any person is proceeded against in respect of the proceedings
4: Where any person is proceeded against in respect of the proceedings , or incidental, section 16 Section 26(1) amended 21 December 2018 section 16(a) Conservation (Infringement System) Act 2018 Section 26(1) amended 21 December 2018 section 16(b) Conservation (Infringement System) Act 2018 Section 26(2) amended 21 December 2018 section 16(a) Conservation (Infringement System) Act 2018 Section 26(2) amended 21 December 2018 section 16(b) Conservation (Infringement System) Act 2018 Section 26(3) amended 21 December 2018 section 16(a) Conservation (Infringement System) Act 2018 Section 26(3) amended 21 December 2018 section 16(b) Conservation (Infringement System) Act 2018 Section 26(4) amended 21 December 2018 section 16(a) Conservation (Infringement System) Act 2018 Section 26(4) amended 21 December 2018 section 16(b) Conservation (Infringement System) Act 2018 Section 26(4) amended 1 October 1996 section 316(1) Fisheries Act 1996
26A: Sentence of community work
A court may sentence any individual who is convicted of an offence Part 2 Section 26A inserted 25 October 2013 section 43 Conservation (Natural Heritage Protection) Act 2013 Section 26A amended 21 December 2018 section 17 Conservation (Infringement System) Act 2018
27: Liability for causing officer to incur expense
Where any person causes an officer to incur any expense that he would not otherwise have incurred, by failing to comply with or acting in contravention of any provision of this Act or any regulations made under it, or by failing to comply with or acting in contravention of any order or direction or requirement or conditions reasonably and properly given or imposed in accordance with this Act or any such regulations, that person shall reimburse the Crown for the amount of any such expense that is reasonably and properly incurred, and that amount shall be recoverable from that person as a debt due to the Crown.
27A: Infringement offences
1: A person must not—
a: take, possess, export, import, have on board any vessel, vehicle, aircraft, or hovercraft, or have control of any marine mammal otherwise than under this Act or a permit; or
b: fail to give the Director-General information that the person is required to give under section 10(1)
c: except under the authority of any enactment, place or leave any structure or trap or chemical or other substance in any place where a marine mammal is or is likely to be and that injures or harms, or is likely to injure or harm, any marine mammal; or
d: use any vehicle, vessel, aircraft, or hovercraft to herd or harass any marine mammal; or
e: contravene or fail to comply with any notice, direction, restriction, requirement, or condition given, made, or imposed under this Act or under any regulations made under this Act.
2: A person who fails to comply with this section commits an infringement offence. Section 27A inserted 21 December 2018 section 18 Conservation (Infringement System) Act 2018
27B: Relationship between infringement offences and other offences
Nothing in section 27A section 27A Section 27B inserted 21 December 2018 section 18 Conservation (Infringement System) Act 2018
27C: 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 27E
2: If an infringement notice has been issued under section 27E section 21 Section 27C inserted 21 December 2018 section 18 Conservation (Infringement System) Act 2018
27D: Who may issue infringement notices
The Director-General may authorise a warranted officer, in writing, to issue infringement notices under this Act. Section 27D inserted 21 December 2018 section 18 Conservation (Infringement System) Act 2018
27E: Infringement notices
1: A warranted officer authorised under section 27D
2: The warranted officer may deliver the infringement notice (or a copy of it) in person to the person alleged to have committed an infringement offence or send the notice by post addressed to that person’s last known place of residence or business.
3: An infringement notice (or a copy of it) sent by post to a person under subsection (2) is to be treated as having been served on that person when it was posted.
4: An infringement notice must be in the prescribed form and must contain the following particulars:
a: such details of the alleged infringement offence as are sufficient to fairly inform a person of the time, place, and nature of the alleged offence; and
b: the amount of the infringement fee; and
c: the address of the place at which the infringement fee may be paid; and
d: the time within which the infringement fee must be paid; and
e: a summary of the provisions of section 21(10)
f: a statement that the person served with the notice has a right to request a hearing; and
g: a statement of what will happen if the person served with the notice neither pays the infringement fee nor requests a hearing; and
h: any other particulars that may be prescribed. Section 27E inserted 21 December 2018 section 18 Conservation (Infringement System) Act 2018
27F: 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 27F inserted 21 December 2018 section 18 Conservation (Infringement System) Act 2018
27G: Forfeiture for infringement offence
1: A marine mammal in respect of which an infringement offence is committed is forfeited to the Crown if—
a: the infringement fee for the offence is paid:
b: a copy of a reminder notice in respect of the infringement offence is filed or a reminder notice is deemed to have been filed in a court under section 21
c: the informant and the person enter into an arrangement under section 21(3A)
d: the person is found guilty, or admits the commission, of the infringement offence.
2: In addition, the court may order that any vessels, vehicles, aircraft, hovercraft, gear, nets, tackle, equipment, or apparatus used in respect of the commission of the infringement offence be forfeited to the Crown if—
a: proceedings in respect of an infringement offence against section 27A(1)﻿(a) Criminal Procedure Act 2011
b: a person is found guilty, or admits the commission, of the infringement offence.
3: Items that are forfeited to the Crown may be disposed of as the Minister thinks fit. Section 27G inserted 21 December 2018 section 18 Conservation (Infringement System) Act 2018
27H: Payment of infringement fees
All infringement fees paid in respect of infringement offences must be paid into a Crown Bank Account. Section 27H inserted 21 December 2018 section 18 Conservation (Infringement System) Act 2018
27I: 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 27I inserted 21 December 2018 section 18 Conservation (Infringement System) Act 2018
28: Regulations
1: The Governor-General may, from time to time by Order in Council, make regulations for all or any of the following purposes:
a: prescribing the manner in which any marine mammal may be measured:
b: prescribing forms of applications and of permits required for the purposes of this Act:
c: prescribing the amount of any deposit or fees to be paid in respect of any application made under this Act, and in respect of the granting of any permit:
d: prescribing conditions pursuant to which permits may be issued, and conditions which may be attached to permits already issued:
e: prescribing and limiting the number of permits of any class or classes that may be issued in any year:
f: prescribing the amount of any deposit, bond, or security, which may be required under this Act:
g: giving effect to the terms of any international agreement to which New Zealand is a party:
h: regulating, prohibiting, or restricting the sale, distribution, custody, carriage, packaging, handling, or use of any marine mammal, marine mammal product, or any product containing anything derived from a marine mammal:
i: regulating, prohibiting, or restricting the keeping of any marine mammal, marine mammal product, or any product containing anything derived from a marine mammal:
ia: prescribing infringement offences for the contravention of regulations made under this Act:
ib: 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:
ic: prescribing information to be included in infringement notices and reminder notices:
j: providing for such other matters as are contemplated by or necessary for giving full effect to the provisions of this Act and for its due administration.
2: The Governor-General may, from time to time by Order in Council, make such regulations as the Governor-General in Council thinks necessary or expedient for the protection, conservation, or management of any marine mammal.
3: Any regulations under this section may apply generally throughout New Zealand or New Zealand fisheries waters or may be made to apply only within such area or areas as may be specified in the regulations.
4: Any regulations under this section may confer on the Minister or on the Director-General power to issue, in such manner as may be prescribed, instructions, orders, requirements, permits, authorities, or notices for the purpose of ensuring the protection, management, or conservation of any marine mammal and, where the regulations so provide, any such instruction, order, requirement, permit, authority, or notice shall have effect according to its tenor and shall be complied with by all persons affected by it.
5: Regulations under this section are secondary legislation ( see Part 3
6: If the regulations empower the issuing of instruments under subsection (4),—
a: an instrument made under the regulations is secondary legislation ( see Part 3
b: the regulations 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 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 (6)﻿(a). Legislation Act 2019 requirements for secondary legislation referred to in subsection (6)﻿(a) Publication See the relevant publication, presentation, and disallowance table in the secondary legislation referred to in subsection (5) 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 28(1)﻿(ia) inserted 21 December 2018 section 19 Conservation (Infringement System) Act 2018 Section 28(1)﻿(ib) inserted 21 December 2018 section 19 Conservation (Infringement System) Act 2018 Section 28(1)﻿(ic) inserted 21 December 2018 section 19 Conservation (Infringement System) Act 2018 Section 28(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 28(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
29: Costs of administering Act, receipts
1: All costs and expenses properly incurred by any person for the purposes of this Act shall be met from money appropriated by Parliament for the purpose.
2: All fees or other money (except fines) received pursuant to this Act shall be deemed to be a receipt of the Department of Conservation Section 29(2) amended 1 April 1987 section 65(1) Conservation Act 1987
30: Amendments, repeals, and revocations
1: The enactments specified in the Schedule
2: The following enactments are hereby repealed:
a: the Whaling Industry Act 1935
b: the Whaling Industry Amendment Act 1974
c: the Fisheries Amendment Act 1956
3: The following regulations are hereby revoked:
a: the Whaling Industry Regulations 1961
b: the Whaling Industry Regulations 1961, Amendment No 1
c: the Whaling Industry Regulations 1961, Amendment No 2
d: the Seal Fishery Regulations 1946
e: the Seal Fishery Regulations 1946, Amendment No 7
f: the Seal Fishery Regulations 1946, Amendment No 11
4: As from the commencement of this Act, the enactments of the Parliament of the United Kingdom intituled—
a: the Seal Fisheries (North Pacific) Act 1895, 58 and 59 Vict, c 21; and
b: the Seal Fisheries (North Pacific) Act 1912, 2 and 3 Geo 5, c 10— shall cease to have effect as part of the law of New Zealand.
5: The following Orders in Council are hereby consequentially revoked:
a: the Order in Council dated 4 March 1913, and published in the Gazette
b: the Order in Council dated 18 August 1913, and published in the Gazette