New Zealand Legislation: Acts
Acts are laws made by Parliament
(1) In this Act, unless the context otherwise requires,—
Activity includes a trade, business, or occupation
Activity: this definition was inserted, as from 1 July 1996, by section 2(1) Wildlife Amendment Act 1996 (1996 No 2).
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 of this Act and any marine species declared to be an animal under section 7BA of this Act; and also includes the dead body or any part of the dead body of any animal
Animal: this definition was amended as from 19 September 1980, by section 2(1) of the Wildlife Amendment Act 1980 (1980 No 17) by inserting the words “; and includes any terrestrial or freshwater invertebrate declared to be an animal under section 7B of this Act; and also includes the dead body or any part of the dead body of any animal”
.
Animal: this definition was amended, as from 1 October 1996, by section 316(1) Fisheries Act 1996 (1996 No 88) by inserting the words “and any marine species declared to be an animal under section 7BA of this Act”
. See clause 2 Fisheries Act Commencement Order (No 2) 1996 (SR 1996/255).
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)
Aquatic life: this definition was inserted, as from 1 October 1996, by section 316(1) Fisheries Act 1996 (1996 No 88). See clause 2 Fisheries Act Commencement Order (No 2) 1996 (SR 1996/255).
Associated products means products made in association with game bird habitat stamps as part of the game bird habitat stamp programme
Associated products: this definition was inserted by section 2(2) of 1993 No 39.
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
(iii) A permit; or
(iv) An easement—
granted under section 14AA of this Act; and
(b) Includes any activity authorised by the concession document:
Concession or concession document: these definitions were inserted, as from 1 July 1996, by section 2(1) Wildlife Amendment Act 1996 (1996 No 2).
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 of this Act
Concessionaire: this definition was inserted, as from 1 July 1996, by section 2(1) Wildlife Amendment Act 1996 (1996 No 2).
Conservation management plan means a conservation management plan approved under section 14E of this Act
Conservation management plan: this definition was inserted by section 65 Conservation Law Reform Act 1990 (1990 No 31).
Conservation management strategy means a conservation management strategy approved under the Conservation Act 1987
Conservation management strategy: this definition was inserted by section 65 Conservation Law Reform Act 1990 (1990 No 31).
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
Department: this definition was amended by section 65(1) Conservation Act 1987 by substituting the word “Conservation”
for the words “Internal Affairs”
.
Director means the manager of the New Zealand Fish and Game Council
Director: this definition was inserted, as from 25 November 1994, by section 2(1) Wildlife Amendment Act 1994 (1994 No 109).
Director-General means the Director-General of Conservation
Director-General: this definition was inserted by section 65(1) Conservation Act 1987 (1987 No 65).
District
[Repealed]
District: this definition was repealed by section 65 Conservation Law Reform Act 1990 (1990 No 31).
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 of this Act 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:
Domestic bird: this definition was substituted, as from 31 September 1993, by section 168(1) of Biosecurity Act 1993 (1993 No 95), for the original definition (as amended by section 3(a) of the Poultry Amendment Act 1975).
Financial year means the period of 12 months commencing on the 1st day of September and ending with the 31st day of 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 Council: this definition was inserted by section 65 Conservation Law Reform Act 1990 (1990 No 31).
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
Fish and game ranger: this definition was inserted, as from 25 November 1994, by section 2(1) Wildlife Amendment Act 1994 (1994 No 109).
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: this definition was inserted, as from 1 October 1996, by section 316(1) Fisheries Act 1996 (1996 No 88). See clause 2 Fisheries Act Commencement Order (No 2) 1996 (SR 1996/255).
Fishing-related mortality means the accidental death or incidental death of any protected species that occurs in the course of fishing
Fishing-related mortality: this definition was inserted, as from 1 October 1996, by section 316(1) Fisheries Act 1996 (1996 No 88). See clause 2 Fisheries Act Commencement Order (No 2) 1996 (SR 1996/255).
Game means all animals and game birds for the time being specified in Schedule 1 hereto
Game: this definition was repealed by section 2(1) of 1993 No 39.
Game bird habitat stamp means a stamp in a form approved by the Minister under section 19A of this Act
Game bird habitat stamp: this definition was inserted by section 2(2) of 1993 No 39.
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 hunting guide: this definition was inserted, as from 13 March 1996, by section 2(3) Wildlife Amendment Act 1996 (1996 No 2).
Human-induced mortality means the death of any marine wildlife that can be attributed directly or indirectly to any human activity
Human-induced mortality: this definition was inserted, as from 1 October 1996, by section 316(1) Fisheries Act 1996 (1996 No 88). See clause 2 Fisheries Act Commencement Order (No 2) 1996 (SR 1996/255).
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
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
Lease: this definition was inserted, as from 1 July 1996, by section 2(1) Wildlife Amendment Act 1996 (1996 No 2).
Licence—
(a) Means—
(i) A profit à prendre or any other grant that gives a non-exclusive interest in land; or
(ii) A grant that makes provision for any activity on the land that the licensee is permitted to carry out; and
(b) Includes—
(i) Any document purporting to be a licence (whether or not the licence gives an interest, or makes any provision, referred to in paragraph (a) of this definition) and issued under any enactment relating to wildlife that was passed before the commencement of section 2 of the Wildlife Amendment Act 1996; and
(ii) Any document purporting to be a licence and purporting to grant an exclusive interest in land, and issued under this Act before the date of commencement of the said section 2 or issued under any other enactment relating to wildlife that was passed before that date; and
(iii) Any document purporting to be a licence (whether or not the licence gives an interest, or makes any provision, referred to in paragraph (a) of this definition) and issued under this Act before the commencement of the said section 2;—
and licensee has a corresponding meaning:
Licence: this definition was inserted, as from 1 July 1996, by section 2(1) Wildlife Amendment Act 1996 (1996 No 2).
Licence means any licence to hunt or kill game issued by a Fish and Game Council under regulations made under this Act
Licence: this definition was inserted, as from 17 May 1993, by section 2(2) Wildlife Amendment Act 1993 (1993 No 39).
Marine species means any species inhabiting or found in or on the sea or foreshore
Marine species : this definition was inserted, as from 1 October 1996, by section 316(1) Fisheries Act 1996 (1996 No 88). See clause 2 Fisheries Act Commencement Order (No 2) 1996 (SR 1996/255).
Marine wildlife means any marine species, or individual of a species, defined as wildlife under this Act
Marine wildlife: this definition was inserted, as from 1 October 1996, by section 316(1) Fisheries Act 1996 (1996 No 88). See clause 2 Fisheries Act Commencement Order (No 2) 1996 (SR 1996/255).
Minister means the Minister of Conservation
Minister: the word “Conservation”
was substituted for the words “Internal Affairs”
pursuant to section 65(1) Conservation Act 1987.
New Zealand Fish and Game Council means the New Zealand Fish and Game Council established by section 26B of the Conservation Act 1987
New Zealand Fish and Game Council: this definition was inserted by section 2(2) of 1993 No 39.
New Zealand fisheries waters has the same meaning as in section 2(1) of the Fisheries Act 1996
New Zealand fisheries waters: this definition was inserted, as from 1 October 1996, by section 316(1) Fisheries Act 1996 (1996 No 88). See clause 2 Fisheries Act Commencement Order (No 2) 1996 (SR 1996/255).
New Zealand Game Bird Habitat Trust Board or Board means the New Zealand Game Bird Habitat Trust Board established by section 44B of this Act
New Zealand Game Bird Habitat Trust Board or Board: these definitions were inserted by section 2(2) of 1993 No 39.
Notification means a notice published in the Gazette
Open season means a period declared under section 15 of this Act to be an open season for game
Open season: this definition was substituted, as from 13 March 1996, by section 2(2) Wildlife Amendment Act 1996 (1996 No 2).
Occupier means,—
(a) In relation to any land, other than unoccupied land of the Crown, the person by whom or on whose behalf the land is actually occupied, if that person is in occupation by virtue of the fact that he is the owner or one of the owners of the fee simple of the land or of a lease or licence of the land:
(b) In relation to unoccupied land of the Crown, the Minister for the time being charged with the administration of the Department of State that has the control of the land:
Permit, in relation to section 14AA of this Act,—
(a) Means a grant of rights to carry out an activity for a purpose referred to in that section that does not require an interest in land; and
(b) Includes any authorisation or licence granted before the commencement of this definition that granted similar rights;—
and permit holder has a corresponding meaning
Permit: this definition was inserted, as from 1 July 1996, by section 2(1) Wildlife Amendment Act 1996 (1996 No 2).
Population management plan means a plan approved under section 14F of this Act
Population management plan: this definition was inserted, as from 1 October 1996, by section 316(1) Fisheries Act 1996 (1996 No 88). See clause 2 Fisheries Act Commencement Order (No 2) 1996 (SR 1996/255).
Ranger means a ranger appointed or deemed to be appointed under this Act; and includes a fish and game ranger
Ranger: this definition was amended, as from 25 November 1994, by section 2(2) Wildlife Amendment Act 1994 (1994 No 109) by inserting the words “; and includes a fish and game ranger”
.
Sale includes barter and exchange for consideration; and also includes offering or attempting to sell, or receiving for sale, or having in possession for sale, or exposing for sale, or sending or delivering for sale, or causing or allowing to be sold, offered, or exposed for sale; and sell has a corresponding meaning
Secretary
[Repealed]
Secretary: this definition was repealed, as from 1 April 1987, by section 65(1) Conservation Act 1987 (1987 No 65).
Society
[Repealed]
Society: this definition was repealed, as from 10 April 1990, by section 65 Conservation Law Reform Act 1990 (1990 No 31).
Take, and all references thereto, include taking, catching, or pursuing by any means or device, and also include the attempt to take
Threatened species means any marine wildlife that is for the time being declared by a notice under subsection (1)(a) of this section to be a threatened species
Threatened species: this definition was inserted, as from 1 October 1996, by section 316(1) Fisheries Act 1996 (1996 No 88). See clause 2 Fisheries Act Commencement Order (No 2) 1996 (SR 1996/255).
Wildlife means any animal that is living in a wild state; and includes any such animal or egg or offspring of any such animal held or hatched or born in captivity, whether pursuant to an authority granted under this Act or otherwise; but does not include any animals of any species specified in Schedule 6 to this Act (being animals that are wild animals subject to the Wild Animal Control Act 1977)
Wildlife: this definition was substituted by section 2(3) Wildlife Amendment Act 1956.
Wildlife: this definition was substituted by section 2(2) Wildlife Amendment Act 1980.
Wildlife district means a wildlife district under this Act
Wildlife management reserve means a wildlife management reserve declared under section 14A of this Act; and includes any reserve under the Reserves Act 1977 classified as a Government purpose reserve for a wildlife management reserve
Wildlife management reserve: this definition was inserted by section 2(3) of the Wildlife Amendment Act 1980.
Wildlife refuge means a wildlife refuge declared under section 14 of this Act; and includes any reserve under the Reserves Act 1977 classified as a Government purpose reserve for a wildlife refuge
Wildlife refuge: this definition was substituted by section 2(4) of the Wildlife Amendment Act 1980.
Wildlife sanctuary or sanctuary means a wildlife sanctuary declared under section 9 of this Act; and includes any reserve under the Reserves Act 1977 classified as a Government purpose reserve for a wildlife sanctuary.
Wildlife sanctuary or sanctuary: these definitions were substituted by section 2(4) of the Wildlife Amendment Act 1980.
(1A) The Minister, after having regard to any relevant international standards and any relevant standards applying within New Zealand, may from time to time, by notice in the Gazette, declare any species of marine wildlife to be a threatened species for the purposes of this Act.
(2) [Repealed]
Compare: 1921-22 No 57 s 2
Subsection (1A) was inserted, as from 1 October 1996, by section 316(1) Fisheries Act 1996 (1996 No 88). See clause 2 Fisheries Act Commencement Order (No 2) 1996 (SR 1996/255).
Subsection (2) was inserted by section 2 of the Wildlife Amendment Act 1959 and repealed by section 2(2)(a) of the Wildlife Amendment Act 1964.
