Wildlife Act 1953

Reprint as at 7 August 2020

Wildlife Act 1953

Public Act
Date of assent
1953 No 31 31 October 1953

see section 1(2)

Commencement

Contents

Page

7

Title

12
Short Title and commencement Interpretation
77
2A 2B
Meaning of possession Application of certain provisions restricted
14 15

Part 1
Protection of wildlife

3456

Wildlife to be protected

15

16 16 16
Certain wildlife declared to be game Certain wildlife partially protected Certain wildlife may be hunted subject to conditions imposed by the Minister

7

Certain wildlife not protected

Wild animals Terrestrial and freshwater invertebrates Marine species Farming certain unprotected animals Alteration of schedules
17 17 18 18 18 19
7A 7B 7BA 7C 8

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 7 August 2020

Wildlife sanctuaries

9

Wildlife sanctuaries

19

23 24 24
10 11 12
All wildlife in sanctuaries absolutely protected Destruction or seizure of certain animals found in sanctuaries Mining privileges, coal mining rights, and public works

[Repealed]

13

Seizure of wildlife, etc, illegally taken

24

25

Wildlife refuges

Wildlife refuges

14

Wildlife management reserves

14A

Wildlife management reserves

28

30

14AA Granting of concessions in wildlife sanctuaries, wildlife refuges,

and wildlife management reserves

Management planning

14B 14C 14D 14E 14F 14G 14H
Wildlife areas to be managed by Department General policy Conservation management strategies Conservation management plans Population management plans
30 31 31 31 32
Determining maximum allowable level of fishing-related mortality Determining area-based maximum levels of fishing-related
33 33 mortality

14I

Procedure for preparation and approval of population management

plans
33

Part 2 Game

15 16 17 18 19 19A 20 21 22 23
Open season for game Notification as to conditions on which open season declared Hunting or killing in game areas Restrictions on the taking of game Licence to hunt or kill game Game bird habitat stamp Limitation of licence [Repealed] Holder of game licence not to enter on land without consent Shooting of game not in flight prohibited Sale of game and sale of shooting rights prohibited
35 36 37 39 41 43 43 44 44 45

Part 3
Administration

Acclimatisation districts and societies
[Repealed]

24

Acclimatisation districts [Repealed]

46

2Reprinted as at 7 August 2020

25 26 27

Acclimatisation societies [Repealed]

46

46 46
Societies to be bodies corporate [Repealed] Appointment to councils of societies of representatives of farming

interests, etc [Repealed]

28 29 30 31 32 33 34
Disqualification of officers of societies [Repealed] Rules of acclimatisation societies [Repealed] Functions of societies [Repealed] Appointment of officers and servants [Repealed] Societies may undertake research [Repealed] Expenditure by societies [Repealed]
46 47 47 47 47 47

47

Annual reports and balance sheets of societies to be forwarded to

Minister [Repealed]

35 36
Failure of society to act [Repealed] Dissolution of societies [Repealed]
47 47

Wildlife districts

Wildlife districts

37

47

Rangers

38 38A 39 39A 39B 39C

Rangers

48

50 50 52 52 52
Fish and game rangers to be rangers under this Act Powers of rangers Certain rangers to have additional powers Power to seize evidential material Powers to require people to stop and to stop things or articles in transit
39D 39E 39F 39G 40
Power to intervene to prevent offending Certain people to have power of arrest Power of arrest Application of Search and Surveillance Act 2012 Obstructing persons acting under this Act
52 53 53 54 54

Powers of Minister

41 42 43 44
Minister’s general powers Fencing of land Tenancies
54 56 56

57

Delegation of Minister’s powers

Powers of Director-General

Delegation of powers by Director-General

New Zealand Game Bird Habitat Trust Board

44A

57

44B 44C 44D 44E 44F
New Zealand Game Bird Habitat Trust Board established Board to be body corporate Functions of Board Powers of Board Membership of Board
58 59 59 60 61

3

44G 44H 44I 44J 44K 44L
Term of office of members of Board Servicing Funds to be held on trust Crown entity Annual report
61 62 62 62 62

63

Members not personally liable

Part 4
Injurious birds

[Repealed]

45 46

Interpretation [Repealed]

Local authority may apply or raise funds for destruction of

injurious birds [Repealed]

63 63

47

Local authorities to submit plans for destruction for approval of

Director-General [Repealed]

63
48 49 50
Appointment of Inspectors, and bylaws [Repealed] Provisions to secure concerted action [Repealed] Minister may appoint Inspectors to carry out this Part if local authority fails to do so [Repealed]
63 63 64

51 52
Obstructing Inspector [Repealed] Expenses of carrying out this Part [Repealed]
64 64

Part 5
General provisions

53 54
Director-General may authorise taking or killing of wildlife for certain purposes Director-General may authorise hunting or killing of wildlife causing damage
64 66
55 56 56A 57 58 59 60 61
Keeping of specimens in museums Restrictions on liberation or export of animals, birds, etc Application of Customs and Excise Act 2018 Ownership of animals Homing pigeons Entry on land for purposes of Act Protection of rangers and others
67 68 69 69 70 70 72
Person in pursuit of wildlife to comply with demand by authorised officer
72

Offences and penalties

62 63 63A 63B 64
Offences in relation to transport of wildlife Taking protected wildlife or game, etc Taking of absolutely or partially protected marine wildlife Reporting of accidental or incidental death or injury Offences in relation to wildlife sanctuaries Other offences
74 74 75 75 76

76

65

65A 66 66A 67 67A 67B 67C 67D 67E 67F 67G 67H 67I

Liability of directors and managers

78

78 79 80 81 81 81 82 82 84 86 87 87 87 88 88 89 90 91
Continuing offence after being required to desist Offenders to give identifying information Penalties for offences in respect of marine wildlife Penalties for offences in respect of absolutely protected wildlife Penalty for offence of liberating wildlife Penalties for offences in respect of partially protected wildlife Penalty for offence of obstructing ranger Penalties for offences in respect of game Penalties for other offences Sentence of community work Offenders also liable for loss or damage Penalties for offences committed for commercial gain or reward Conduct of proceedings and recovery of fines Proceedings in respect of offences
68 68A 68AB Mens rea and strict liability offences 68B 69
Defences to offences in respect of marine wildlife Evidence of boundaries, etc

Forfeitures

70

Infringement offences

70A 70B 70C 70D 70E
Relationship between infringement offences and other offences Hunting during close season Hunting without licence during open season Contravening terms of open season notification Hunting wildlife in contravention of conditions prescribed by Minister
92 92 93 93 93

70F 70G 70H 70I
Failure to produce licence on demand Taking protected wildlife or game Taking game in contravention of Act or notification Failure to comply with condition of authority to take or kill wildlife
93 94 94 95

70J

Liberating wildlife or exporting animals or animal products

Transporting wildlife without proper information on container Farming or breeding certain unprotected animals Failure to report accidental or incidental death or injury Interfering with items on land under section 59 Littering Acting without required licence, permit, etc Contravening instruments made under this Act Infringement offences relating to wildlife refuges Infringement offences relating to waterfowl Infringement offences relating to homing pigeons Proceedings for infringement offences
96 96 96 97 97 97 98 98 98 99 99 99
100
70K 70L 70M 70N 70O 70P 70Q 70R 70S 70T 70U

70V

Who may issue infringement notices

5

70W 70X 70Y 70Z
Infringement notices Reminder notices Payment of infringement fees
100 101 101

101

Penalties for infringement offences

Miscellaneous

71 71A 72
Saving of other Acts Control of dogs Regulations
101 102 102

108

73

Repeals, savings, and consequential amendments

Schedule 1
Wildlife declared to be game

109 110 111

Schedule 2
Partially protected wildlife

Schedule 3
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
Wildlife not protected

115 118

Schedule 6
Animals declared to be wild animals subject to the Wild
Animal Control Act 1977

Schedule 7
Terrestrial and freshwater invertebrates declared to be animals

119

Schedule 7A
Marine species declared to be animals

121 122

Schedule 8
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
Acts not affected by this Act

123 125

Schedule 10
Enactments repealed

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) In this Act, unless the context otherwise requires,— activity includes a trade, business, or occupation animal means any mammal (not being a domestic animal or a rabbit or a hare or a seal or other marine mammal), any bird (not being a domestic bird), any reptile, or any amphibian; and includes any terrestrial or freshwater invertebrate declared to be an animal under section 7B and any marine species declared to be an animal under section 7BA; and also includes the dead body or any part of the dead body of any animal

aquatic life means any species of plant or animal life which, at any time in the life history of the species, must inhabit water; and includes seabirds (whether or not in an aquatic environment)

associated products means goods or services produced or supplied in association with game bird habitat stamps as part of the game bird habitat stamp programme

bird means any bird, whether native, introduced, or imported, or that has migrated to New Zealand or has arrived in New Zealand and become established there; but does not include any domestic bird

buy includes barter, exchange for consideration, offer to buy, or attempt to buy close season, with respect to any game, means any period during which the hunting or killing of that game is not expressly permitted, either generally or in any specified district or place

closed game area means a part of a district that is for the time being excluded from the operation of an open season in the district; but does not include a wildlife sanctuary or a wildlife refuge or any area in which the shooting or hunting or killing of animals is prohibited under or pursuant to paragraph (j) of subsection (2) of section 9 of this Act or any other Act

concession or concession document—

(a) means—

(i)

a lease; or

(ii) a licence; or

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s 2

(iii) a permit; or (iv) an easement— granted under section 14AA; and
(b) includes any activity authorised by the concession document

concessionaire means a person who is—

(a) a lessee; or (b) a licensee; or (c) a permit holder; or (d) the grantee of an easement— under section 14AA

conservation management plan means a conservation management plan

approved under section 14E

conservation management strategy means a conservation management strat-

egy approved under the Conservation Act 1987 council, in relation to any acclimatisation society, means the governing body of the society, by whatever name it is called

day means a period of 24 hours commencing from midnight Department means the Department of Conservation Director means the manager of the New Zealand Fish and Game Council Director-General means the Director-General of Conservation domestic animal means any cattle, sheep, horse, mule, ass, dog, cat, pig, or goat; but does not include any such animal that is living in a wild state, or any other animal not referred to in this definition notwithstanding that it may be living in a domestic state

domestic bird means any domestic fowl, duck, goose, or turkey, or any pheasant kept, held, raised, or bred on premises for which the predominant purpose is the sale of pheasant meat or live pheasants for human consumption; but does not include any such bird that is living in a wild state, or any other bird not referred to in this definition notwithstanding that it may be living in a domestic state; and for the avoidance of doubt—

(a) any pheasant that is fed on any land or premises but is not confined within an enclosure shall be deemed to be living in a wild state:

(b) any pheasant that is held pursuant to a permit under section 23, section
53, or section 56 for the purposes of liberating at large as game shall be deemed not to be a domestic bird:

(c) any pheasant which is made available for hunting shall be deemed to be living in a wild state

s 2

financial year means the period of 12 months commencing on 1 September and ending with the 31 August next following

firearm means any gun, rifle, or air gun; and includes any kind of weapon or device from which any shot, bullet, arrow, stone, or other missile can be discharged; and shoot has a corresponding meaning

Fish and Game Council means a Fish and Game Council established under section 26P of the Conservation Act 1987

fish and game ranger means a fish and game ranger appointed pursuant to section 26FA of the Conservation Act 1987 or deemed to be appointed under that section

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 means the accidental death or incidental death of any protected species that occurs in the course of fishing

game means all animals and game birds for the time being specified in Schedule 1

game bird habitat stamp means a stamp or mark in a form approved by the Minister under section 19A

game hunting guide means a person whose services are actively promoted or advertised for hire or reward with the express purpose of organising and assisting persons to undertake game hunting

game licence means a licence to hunt or kill game issued by the Department or a Fish and Game Council under regulations made under this Act

human-induced mortality means the death of any marine wildlife that can be attributed directly or indirectly to any human activity

hunt or kill, in relation to any wildlife, includes the hunting, killing, taking, trapping, or capturing of any wildlife by any means; and also includes pursuing, disturbing, or molesting any wildlife, taking or using a firearm, dog, or like method to hunt or kill wildlife, whether this results in killing or capturing or not; and also includes every attempt to hunt or kill wildlife and every act of assistance of any other person to hunt or kill wildlife

infringement fee, in relation to an infringement offence, means the infringement fee for the offence prescribed in regulations made under this Act

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s 2

infringement offence means—

(a) an offence in sections 70B to 70T; or (b) an offence against regulations made under this Act that is declared by regulations to be an infringement offence

lease—

(a) means—

(i)

a grant of an interest in land that—

(A) gives exclusive possession of the land; and (B) makes provision for any activity on the land that the lessee is permitted to carry out:

(ii) any document purporting to be a lease (whether or not the document gives the lessee exclusive possession of the land concerned) and issued under any enactment passed before the commencement of section 2 of the Wildlife Amendment Act 1996:

(iii) any document purporting to be a lease (whether or not the document gives the lessee exclusive possession of the land concerned) and issued under this Act before the commencement of the said section 2; but

(b) does not include a licence referred to in paragraph (b)(ii) of the definition of the term licence;—

and lessee has a corresponding meaning

licence—

(a) means—

(i)

a profit à prendre or any other grant that gives a non-exclusive

interest in land; or