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 products made 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

      • (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 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

    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 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

    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

    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

      • (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)) 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)) and issued under this Act before the commencement of the said section 2;—

    and licensee has a corresponding meaning

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

    marine species means any species inhabiting or found in or on the sea or foreshore

    marine wildlife means any marine species, or individual of a species, defined as wildlife under this Act

    Minister means the Minister of Conservation

    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 fisheries waters has the same meaning as in section 2(1) of the Fisheries Act 1996

    New Zealand Game Bird Habitat Trust Board or Board means the New Zealand Game Bird Habitat Trust Board established by section 44B

    notification means a notice published in the Gazette

    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

    open season means a period declared under section 15 to be an open season for game

    permit, in relation to section 14AA,—

    • (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

    population management plan means a plan approved under section 14F

    ranger means a ranger appointed or deemed to be appointed under this Act; 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

    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) to be a threatened species

    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 (being animals that are wild animals subject to the Wild Animals Control Act 1977)

    wildlife district means a wildlife district under this Act

    wildlife management reserve means a wildlife management reserve declared under section 14A; and includes any reserve under the Reserves Act 1977 classified as a Government purpose reserve for a wildlife management reserve

    wildlife refuge means a wildlife refuge declared under section 14; and includes any reserve under the Reserves Act 1977 classified as a Government purpose reserve for a wildlife refuge

    wildlife sanctuary or sanctuary means a wildlife sanctuary declared under section 9; and includes any reserve under the Reserves Act 1977 classified as a Government purpose reserve for a wildlife sanctuary.

    (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

    Section 2(1) activity: inserted, on 1 July 1996, by section 2(1) of the Wildlife Amendment Act 1996 (1996 No 2).

    Section 2(1) animal: amended, on 1 October 1996, by section 316(1) of the Fisheries Act 1996 (1996 No 88).

    Section 2(1) animal: amended, on 19 September 1980, by section 2(1) of the Wildlife Amendment Act 1980 (1980 No 17).

    Section 2(1) aquatic life: inserted, on 1 October 1996, by section 316(1) of the Fisheries Act 1996 (1996 No 88).

    Section 2(1) associated products: inserted, on 17 May 1993, by section 2(2) of the Wildlife Amendment Act 1993 (1993 No 39).

    Section 2(1) concession or concession document: inserted, on 1 July 1996, by section 2(1) of the Wildlife Amendment Act 1996 (1996 No 2).

    Section 2(1) concessionaire: inserted, on 1 July 1996, by section 2(1) of the Wildlife Amendment Act 1996 (1996 No 2).

    Section 2(1) conservation management plan: inserted, on 10 April 1990, by section 65 of the Conservation Law Reform Act 1990 (1990 No 31).

    Section 2(1) conservation management strategy: inserted, on 10 April 1990, by section 65 of the Conservation Law Reform Act 1990 (1990 No 31).

    Section 2(1) Department: amended, on 1 April 1987, by section 65(1) of the Conservation Act 1987 (1987 No 65).

    Section 2(1) Director: inserted, on 25 November 1994, by section 2(1) of the Wildlife Amendment Act 1994 (1994 No 109).

    Section 2(1) Director-General: inserted, on 1 April 1987, by section 65(1) of the Conservation Act 1987 (1987 No 65).

    Section 2(1) district: repealed, on 10 April 1990, by section 65 of the Conservation Law Reform Act 1990 (1990 No 31).

    Section 2(1) domestic bird: replaced, on 1 October 1993, by section 168(1) of the Biosecurity Act 1993 (1993 No 95).

    Section 2(1) Fish and Game Council: inserted, on 10 April 1990, by section 65 of the Conservation Law Reform Act 1990 (1990 No 31).

    Section 2(1) fish and game ranger: inserted, on 25 November 1994, by section 2(1) of the Wildlife Amendment Act 1994 (1994 No 109).

    Section 2(1) fishing: inserted, on 1 October 1996, by section 316(1) of the Fisheries Act 1996 (1996 No 88).

    Section 2(1) fishing-related mortality: inserted, on 1 October 1996, by section 316(1) of the Fisheries Act 1996 (1996 No 88).

    Section 2(1) game: amended, on 17 May 1993, by section 2(1) of the Wildlife Amendment Act 1993 (1993 No 39).

    Section 2(1) game bird habitat stamp: inserted, on 17 May 1993, by section 2(2) of the Wildlife Amendment Act 1993 (1993 No 39).

    Section 2(1) game hunting guide: inserted, on 13 March 1996, by section 2(3) of the Wildlife Amendment Act 1996 (1996 No 2).

    Section 2(1) human-induced mortality: inserted, on 1 October 1996, by section 316(1) of the Fisheries Act 1996 (1996 No 88).

    Section 2(1) lease: inserted, on 1 July 1996, by section 2(1) of the Wildlife Amendment Act 1996 (1996 No 2).

    Section 2(1) licence first definition: inserted, on 1 July 1996, by section 2(1) of the Wildlife Amendment Act 1996 (1996 No 2).

    Section 2(1) licence second definition: inserted, on 17 May 1993, by section 2(2) of the Wildlife Amendment Act 1993 (1993 No 39).

    Section 2(1) marine species: inserted, on 1 October 1996, by section 316(1) of the Fisheries Act 1996 (1996 No 88).

    Section 2(1) marine wildlife: inserted, on 1 October 1996, by section 316(1) of the Fisheries Act 1996 (1996 No 88).

    Section 2(1) Minister: amended, on 1 April 1987, by section 65(1) of the Conservation Act 1987 (1987 No 65).

    Section 2(1) New Zealand Fish and Game Council: inserted, on 17 May 1993, by section 2(2) of the Wildlife Amendment Act 1993 (1993 No 39).

    Section 2(1) New Zealand fisheries waters: inserted, on 1 October 1996, by section 316(1) of the Fisheries Act 1996 (1996 No 88).

    Section 2(1) New Zealand Game Bird Habitat Trust Board or Board: inserted, on 17 May 1993, by section 2(2) of the Wildlife Amendment Act 1993 (1993 No 39).

    Section 2(1) open season: replaced, on 13 March 1996, by section 2(2) of the Wildlife Amendment Act 1996 (1996 No 2).

    Section 2(1) permit: inserted, on 1 July 1996, by section 2(1) of the Wildlife Amendment Act 1996 (1996 No 2).

    Section 2(1) population management plan: inserted, on 1 October 1996, by section 316(1) of the Fisheries Act 1996 (1996 No 88).

    Section 2(1) ranger: amended, on 25 November 1994, by section 2(2) of the Wildlife Amendment Act 1994 (1994 No 109).

    Section 2(1) Secretary: repealed, on 1 April 1987, by section 65(1) of the Conservation Act 1987 (1987 No 65).

    Section 2(1) society: repealed, on 10 April 1990, by section 65 of the Conservation Law Reform Act 1990 (1990 No 31).

    Section 2(1) threatened species: inserted, on 1 October 1996, by section 316(1) of the Fisheries Act 1996 (1996 No 88).

    Section 2(1) wildlife: replaced, on 19 September 1980, by section 2(2) of the Wildlife Amendment Act 1980 (1980 No 17).

    Section 2(1) wildlife management reserve: inserted, on 19 September 1980, by section 2(3) of the Wildlife Amendment Act 1980 (1980 No 17).

    Section 2(1) wildlife refuge: replaced, on 19 September 1980, by section 2(4) of the Wildlife Amendment Act 1980 (1980 No 17).

    Section 2(1) wildlife sanctuary or sanctuary: replaced, on 19 September 1980, by section 2(4) of the Wildlife Amendment Act 1980 (1980 No 17).

    Section 2(1A): inserted, on 1 October 1996, by section 316(1) of the Fisheries Act 1996 (1996 No 88).

    Section 2(2): repealed, on 17 November 1964, by section 2(2)(a) of the Wildlife Amendment Act 1964 (1964 No 63).