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Wildlife Act 1953

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Wildlife Act 1953 Reprint as at 7 August 2020 Wildlife Act 1953 Public Act 1953 No 31 Date of assent 31 October 1953 Commencement see section 1(2) Contents Page Title 7 1 Short Title and commencement 7 2 Interpretation 7 2A Meaning of possession 14 2B Application of certain provisions restricted 15 Part 1 Protection of wildlife 3 Wildlife to be protected 15 4 Certain wildlife declared to be game 16 5 Certain wildlife partially protected 16 6 Certain wildlife may be hunted subject to conditions imposed by 16 the Minister 7 Certain wildlife not protected 17 7A Wild animals 17 7B Terrestrial and freshwater invertebrates 18 7BA Marine species 18 7C Farming certain unprotected animals 18 8 Alteration of schedules 19 Note Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint. Note 4 at the end of this reprint provides a list of the amendments incorporated. This Act is administered by the Department of Conservation. 1 Reprinted as at Wildlife Act 1953 7 August 2020 Wildlife sanctuaries 9 Wildlife sanctuaries 19 10 All wildlife in sanctuaries absolutely protected 23 11 Destruction or seizure of certain animals found in sanctuaries 24 12 Mining privileges, coal mining rights, and public works 24 [Repealed] 13 Seizure of wildlife, etc, illegally taken 24 Wildlife refuges 14 Wildlife refuges 25 Wildlife management reserves 14A Wildlife management reserves 28 14AA Granting of concessions in wildlife sanctuaries, wildlife refuges, 30 and wildlife management reserves Management planning 14B Wildlife areas to be managed by Department 30 14C General policy 31 14D Conservation management strategies 31 14E Conservation management plans 31 14F Population management plans 32 14G Determining maximum allowable level of fishing-related mortality 33 14H Determining area-based maximum levels of fishing-related 33 mortality 14I Procedure for preparation and approval of population management 33 plans Part 2 Game 15 Open season for game 35 16 Notification as to conditions on which open season declared 36 17 Hunting or killing in game areas 37 18 Restrictions on the taking of game 39 19 Licence to hunt or kill game 41 19A Game bird habitat stamp 43 20 Limitation of licence [Repealed] 43 21 Holder of game licence not to enter on land without consent 44 22 Shooting of game not in flight prohibited 44 23 Sale of game and sale of shooting rights prohibited 45 Part 3 Administration Acclimatisation districts and societies [Repealed] 24 Acclimatisation districts [Repealed] 46 2 Reprinted as at 7 August 2020 Wildlife Act 1953 25 Acclimatisation societies [Repealed] 46 26 Societies to be bodies corporate [Repealed] 46 27 Appointment to councils of societies of representatives of farming 46 interests, etc [Repealed] 28 Disqualification of officers of societies [Repealed] 46 29 Rules of acclimatisation societies [Repealed] 47 30 Functions of societies [Repealed] 47 31 Appointment of officers and servants [Repealed] 47 32 Societies may undertake research [Repealed] 47 33 Expenditure by societies [Repealed] 47 34 Annual reports and balance sheets of societies to be forwarded to 47 Minister [Repealed] 35 Failure of society to act [Repealed] 47 36 Dissolution of societies [Repealed] 47 Wildlife districts 37 Wildlife districts 47 Rangers 38 Rangers 48 38A Fish and game rangers to be rangers under this Act 50 39 Powers of rangers 50 39A Certain rangers to have additional powers 52 39B Power to seize evidential material 52 39C Powers to require people to stop and to stop things or articles in 52 transit 39D Power to intervene to prevent offending 52 39E Certain people to have power of arrest 53 39F Power of arrest 53 39G Application of Search and Surveillance Act 2012 54 40 Obstructing persons acting under this Act 54 Powers of Minister 41 Minister’s general powers 54 42 Fencing of land 56 43 Tenancies 56 44 Delegation of Minister’s powers 57 Powers of Director-General 44A Delegation of powers by Director-General 57 New Zealand Game Bird Habitat Trust Board 44B New Zealand Game Bird Habitat Trust Board established 58 44C Board to be body corporate 59 44D Functions of Board 59 44E Powers of Board 60 44F Membership of Board 61 3 Reprinted as at Wildlife Act 1953 7 August 2020 44G Term of office of members of Board 61 44H Servicing 62 44I Funds to be held on trust 62 44J Crown entity 62 44K Annual report 62 44L Members not personally liable 63 Part 4 Injurious birds [Repealed] 45 Interpretation [Repealed] 63 46 Local authority may apply or raise funds for destruction of 63 injurious birds [Repealed] 47 Local authorities to submit plans for destruction for approval of 63 Director-General [Repealed] 48 Appointment of Inspectors, and bylaws [Repealed] 63 49 Provisions to secure concerted action [Repealed] 63 50 Minister may appoint Inspectors to carry out this Part if local 64 authority fails to do so [Repealed] 51 Obstructing Inspector [Repealed] 64 52 Expenses of carrying out this Part [Repealed] 64 Part 5 General provisions 53 Director-General may authorise taking or killing of wildlife for 64 certain purposes 54 Director-General may authorise hunting or killing of wildlife 66 causing damage 55 Keeping of specimens in museums 67 56 Restrictions on liberation or export of animals, birds, etc 68 56A Application of Customs and Excise Act 2018 69 57 Ownership of animals 69 58 Homing pigeons 70 59 Entry on land for purposes of Act 70 60 Protection of rangers and others 72 61 Person in pursuit of wildlife to comply with demand by authorised 72 officer Offences and penalties 62 Offences in relation to transport of wildlife 74 63 Taking protected wildlife or game, etc 74 63A Taking of absolutely or partially protected marine wildlife 75 63B Reporting of accidental or incidental death or injury 75 64 Offences in relation to wildlife sanctuaries 76 65 Other offences 76 4 Reprinted as at 7 August 2020 Wildlife Act 1953 65A Liability of directors and managers 78 66 Continuing offence after being required to desist 78 66A Offenders to give identifying information 79 67 Penalties for offences in respect of marine wildlife 80 67A Penalties for offences in respect of absolutely protected wildlife 81 67B Penalty for offence of liberating wildlife 81 67C Penalties for offences in respect of partially protected wildlife 81 67D Penalty for offence of obstructing ranger 82 67E Penalties for offences in respect of game 82 67F Penalties for other offences 84 67G Sentence of community work 86 67H Offenders also liable for loss or damage 87 67I Penalties for offences committed for commercial gain or reward 87 68 Conduct of proceedings and recovery of fines 87 68A Proceedings in respect of offences 88 68AB Mens rea and strict liability offences 88 68B Defences to offences in respect of marine wildlife 89 69 Evidence of boundaries, etc 90 70 Forfeitures 91 Infringement offences 70A Relationship between infringement offences and other offences 92 70B Hunting during close season 92 70C Hunting without licence during open season 93 70D Contravening terms of open season notification 93 70E Hunting wildlife in contravention of conditions prescribed by 93 Minister 70F Failure to produce licence on demand 93 70G Taking protected wildlife or game 94 70H Taking game in contravention of Act or notification 94 70I Failure to comply with condition of authority to take or kill 95 wildlife 70J Liberating wildlife or exporting animals or animal products 96 70K Transporting wildlife without proper information on container 96 70L Farming or breeding certain unprotected animals 96 70M Failure to report accidental or incidental death or injury 97 70N Interfering with items on land under section 59 97 70O Littering 97 70P Acting without required licence, permit, etc 98 70Q Contravening instruments made under this Act 98 70R Infringement offences relating to wildlife refuges 98 70S Infringement offences relating to waterfowl 99 70T Infringement offences relating to homing pigeons 99 70U Proceedings for infringement offences 99 70V Who may issue infringement notices 100 5 Reprinted as at Wildlife Act 1953 7 August 2020 70W Infringement notices 100 70X Reminder notices 101 70Y Payment of infringement fees 101 70Z Penalties for infringement offences 101 Miscellaneous 71 Saving of other Acts 101 71A Control of dogs 102 72 Regulations 102 73 Repeals, savings, and consequential amendments 108 Schedule 1 109 Wildlife declared to be game Schedule 2 110 Partially protected wildlife Schedule 3 111 Wildlife that may be hunted or killed subject to Minister’s notification Schedule 4 114 Wildlife not protected, except in areas and during periods specified in Minister’s notification Schedule 5 115 Wildlife not protected Schedule 6 118 Animals declared to be wild animals subject to the Wild Animal Control Act 1977 Schedule 7 119 Terrestrial and freshwater invertebrates declared to be animals Schedule 7A 121 Marine species declared to be animals Schedule 8 122 Wildlife not protected but may be kept, bred, or farmed in captivity pursuant to regulations made under principal Act or by Minister’s direction Schedule 9 123 Acts not affected by this Act Schedule 10 125 Enactments repealed 6 Reprinted as at 7 August 2020 Wildlife Act 1953 s 2 An Act to consolidate and amend the law relating to the protection and control of wild animals and birds, the regulation of game shooting seasons, and the con- stitution and powers of acclimatisation societies 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)
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