16 Notification as to conditions on which open season declared
  • (1) Every notification of an open season for game, shall specify—

    • (a) the particular species or sex of game that may be hunted or killed during that open season:

    • (b) the areas (if any) declared to be closed game areas:

    • (bb) the number of decoys that may be used by any person for the purpose of hunting or killing any game:

    • (c) the number of game that may be taken or killed by any one person on any one day:

    • (cc) the number of game which may be had in possession by any one person on any one day; but different numbers may be so specified in respect of different days in the open season:

    • (d) such other conditions (if any) as he thinks fit to impose respecting the hunting or killing during that open season of game or any particular species or sex thereof.

    (2) Every person who hunts or kills game, or during any open season has in his or her possession any game, otherwise than in terms of a notification, commits an offence against this Act and is liable on conviction to the penalty set out in section 67E(3).

    (3) In any prosecution for an offence that the defendant has in his or her possession a number of game in excess of the number specified in a notification, it is a defence if the defendant proves that the excess game were taken by some other person or persons and all the game in the possession of the defendant have affixed or tied to the game a label on which the following particulars are legibly written:

    • (a) the names and addresses of the persons by whom the game were taken; and

    • (b) the numbers of the licences to hunt or kill game held by those persons; and

    • (c) the name of the Fish and Game Council by which those licences were issued; and

    • (d) the date or dates on which the game were taken.

    Compare: 1921–22 No 57 s 10

    Section 16(1): amended, on 13 March 1996, by section 5(1)(a) of the Wildlife Amendment Act 1996 (1996 No 2).

    Section 16(1)(bb): inserted, on 17 November 1964, by section 4(1) of the Wildlife Amendment Act 1964 (1964 No 63).

    Section 16(1)(cc): inserted, on 21 October 1959, by section 5(1) of the Wildlife Amendment Act 1959 (1959 No 49).

    Section 16(1)(cc): amended, on 13 March 1996, by section 5(1)(b) of the Wildlife Amendment Act 1996 (1996 No 2).

    Section 16(2): replaced, on 15 October 2000, by section 8 of the Wildlife (Penalties and Related Matters) Amendment Act 2000 (2000 No 43).

    Section 16(3): replaced, on 15 October 2000, by section 8 of the Wildlife (Penalties and Related Matters) Amendment Act 2000 (2000 No 43).