Wildlife Act 1953

Reprint as at 7 August 2020 Wildlife Act 1953 Public Act Date of assent 1953 No 31 31 October 1953 <ul style="display: flex;"><li style="flex:1">see section 1(2) </li><li style="flex:1">Commencement </li></ul>Contents Page <ul style="display: flex;"><li style="flex:1">7</li><li style="flex:1">Title </li></ul>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<ul style="display: flex;"><li style="flex:1">Wildlife to be protected </li><li style="flex:1">15 </li></ul>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 <ul style="display: flex;"><li style="flex:1">7</li><li style="flex:1">Certain wildlife not protected </li></ul>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 8Note Changes authorised by <a href="/goto?url=http://legislation.govt.nz/pdflink.aspx?id=DLM2998524" target="_blank">subpart 2 of Part 2 of the Legislation Act 2012 </a>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 Act 1953 Wildlife sanctuaries <ul style="display: flex;"><li style="flex:1">9</li><li style="flex:1">Wildlife sanctuaries </li><li style="flex:1">19 </li></ul>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Destruction or seizure of certain animals found in sanctuaries Mining privileges, coal mining rights, and public works [Repealed] <ul style="display: flex;"><li style="flex:1">13 </li><li style="flex:1">Seizure of wildlife, etc, illegally taken </li><li style="flex:1">24 </li></ul>25 Wildlife refuges <ul style="display: flex;"><li style="flex:1">Wildlife refuges </li><li style="flex:1">14 </li></ul>Wildlife management reserves <ul style="display: flex;"><li style="flex:1">14A </li><li style="flex:1">Wildlife management reserves </li><li style="flex:1">28 </li></ul><ul style="display: flex;"><li style="flex:1">30 </li><li style="flex:1">14AA Granting of concessions in wildlife sanctuaries, wildlife refuges, </li></ul>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 <ul style="display: flex;"><li style="flex:1">14I </li><li style="flex:1">Procedure for preparation and approval of population management </li></ul>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] <ul style="display: flex;"><li style="flex:1">24 </li><li style="flex:1">Acclimatisation districts [Repealed] </li><li style="flex:1">46 </li></ul>2Reprinted as at 7 August 2020 Wildlife Act 1953 25 26 27 <ul style="display: flex;"><li style="flex:1">Acclimatisation societies [Repealed] </li><li style="flex:1">46 </li></ul>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 <ul style="display: flex;"><li style="flex:1">47 </li><li style="flex:1">Annual reports and balance sheets of societies to be forwarded to </li></ul>Minister [Repealed] 35 36 Failure of society to act [Repealed] Dissolution of societies [Repealed] 47 47 Wildlife districts <ul style="display: flex;"><li style="flex:1">Wildlife districts </li><li style="flex:1">37 </li><li style="flex:1">47 </li></ul>Rangers 38 38A 39 39A 39B 39C <ul style="display: flex;"><li style="flex:1">Rangers </li><li style="flex:1">48 </li></ul>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 <ul style="display: flex;"><li style="flex:1">57 </li><li style="flex:1">Delegation of Minister’s powers </li></ul>Powers of Director-General Delegation of powers by Director-General New Zealand Game Bird Habitat Trust Board <ul style="display: flex;"><li style="flex:1">44A </li><li style="flex:1">57 </li></ul>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 Reprinted as at 7 August 2020 Wildlife Act 1953 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 <ul style="display: flex;"><li style="flex:1">63 </li><li style="flex:1">Members not personally liable </li></ul>Part 4 Injurious birds [Repealed] 45 46 Interpretation [Repealed] Local authority may apply or raise funds for destruction of injurious birds [Repealed] 63 63 <ul style="display: flex;"><li style="flex:1">47 </li><li style="flex:1">Local authorities to submit plans for destruction for approval of </li></ul>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 <ul style="display: flex;"><li style="flex:1">76 </li><li style="flex:1">65 </li></ul>4Reprinted as at 7 August 2020 Wildlife Act 1953 65A 66 66A 67 67A 67B 67C 67D 67E 67F 67G 67H 67I <ul style="display: flex;"><li style="flex:1">Liability of directors and managers </li><li style="flex:1">78 </li></ul>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 <ul style="display: flex;"><li style="flex:1">Forfeitures </li><li style="flex:1">70 </li></ul>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 <ul style="display: flex;"><li style="flex:1">70J </li><li style="flex:1">Liberating wildlife or exporting animals or animal products </li></ul>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 <ul style="display: flex;"><li style="flex:1">70V </li><li style="flex:1">Who may issue infringement notices </li></ul>5 Reprinted as at 7 August 2020 Wildlife Act 1953 70W 70X 70Y 70Z Infringement notices Reminder notices Payment of infringement fees 100 101 101 <ul style="display: flex;"><li style="flex:1">101 </li><li style="flex:1">Penalties for infringement offences </li></ul>Miscellaneous 71 71A 72 Saving of other Acts Control of dogs Regulations 101 102 102 <ul style="display: flex;"><li style="flex:1">108 </li><li style="flex:1">73 </li><li style="flex:1">Repeals, savings, and consequential amendments </li></ul>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 6Reprinted 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 <ul style="display: flex;"><li style="flex:1">1</li><li style="flex:1">Short Title and commencement </li></ul>(1) This Act may be cited as the Wildlife Act 1953. (2) This Act shall come into force on 1 April 1954. <ul style="display: flex;"><li style="flex:1">2</li><li style="flex:1">Interpretation </li></ul>(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— <ul style="display: flex;"><li style="flex:1">(i) </li><li style="flex:1">a lease; or </li></ul>(ii) a licence; or 7 Reprinted as at <ul style="display: flex;"><li style="flex:1">7 August 2020 </li><li style="flex:1">s 2 </li></ul>Wildlife Act 1953 (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 strategy approved under the <a href="/goto?url=http://legislation.govt.nz/pdflink.aspx?id=DLM103609" target="_blank">Conservation Act 1987 </a>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 8Reprinted as at 7 August 2020 Wildlife Act 1953 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 <a href="/goto?url=http://legislation.govt.nz/pdflink.aspx?id=DLM105723" target="_blank">section 26P of the Conservation Act 1987 </a>fish and game ranger means a fish and game ranger appointed pursuant to <a href="/goto?url=http://legislation.govt.nz/pdflink.aspx?id=DLM104989" target="_blank">section 26FA </a>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— <ul style="display: flex;"><li style="flex:1">(i) </li><li style="flex:1">any activity that may reasonably be expected to result in the </li></ul>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 9 Reprinted as at <ul style="display: flex;"><li style="flex:1">7 August 2020 </li><li style="flex:1">s 2 </li></ul>Wildlife Act 1953 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— <ul style="display: flex;"><li style="flex:1">(i) </li><li style="flex:1">a grant of an interest in land that— </li></ul>(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 <a href="/goto?url=http://legislation.govt.nz/pdflink.aspx?id=DLM373345" target="_blank">of section 2 of the W</a>ildlife 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 <a href="/goto?url=http://legislation.govt.nz/pdflink.aspx?id=DLM373345" target="_blank">section 2; but </a>(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— <ul style="display: flex;"><li style="flex:1">(i) </li><li style="flex:1">a profit à prendre or any other grant that gives a non-exclusive </li></ul>interest in land; or

Wildlife Act 1953

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