17 Hunting or killing in game areas
  • (1) In this section—

    designated area means all that area contained within a distance of 100 metres from the margin of any waters together with the area covered by those waters

    food means corn, wheat, barley, maize, or other grain, or any product of any grain, or peas or beans or other food

    waterfowl means every species of the family Anatidae

    waters includes any river, stream, lake, lagoon, pond, estuary, swamp, or other waters, whether natural or wholly or partly of artificial formation.

    (2) Every person who, without the consent of the Minister, hunts or kills waterfowl in any designated area where, during an open season for game or within the period of 30 days immediately preceding the open season, any food has been cast, thrown, placed, or planted commits an offence against this Act and is liable on conviction to the penalty set out in section 67E(3).

    (3) Every person who hunts or kills waterfowl in a designated area within which the waters were artificially formed during an open season for game or within the period of 30 days immediately preceding that open season commits an offence against this Act and is liable on conviction to the penalty set out in section 67E(3).

    (4) Every consent of the Minister under subsection (2) shall be given by notice in the Gazette, and may be given on the annual application of a Fish and Game Council or, where the control of the area concerned is vested in the Department of Conservation, on the application of the Director-General. Every notice may contain such conditions as the Minister may impose, including the manner in which waterfowl may be hunted or killed, and may be restricted in effect to 1 or more designated areas. Every notice may at any time, by further notice in the Gazette, be amended or revoked by the Minister.

    (5) Where any Fish and Game Council has reason to believe that any food has been cast, thrown, placed, or planted, or any waters have been artificially formed, in any designated area within the period of 30 days immediately preceding an open season for game, the Fish and Game Council, with the consent of the occupier of the land on which that designated area is situated, may erect or affix a notice in, or in the near vicinity of, that designated area to the effect that food has been so cast, thrown, placed, or planted, or that the waters have been artificially formed, and there shall be displayed on the notice the date of its erection or affixing. If the occupier does not consent to the erection or affixing of a notice, the Fish and Game Council may serve written notice upon him requiring him to inform all persons entering on his land for the purpose of hunting or killing game that food has been cast, thrown, placed, or planted, or that the waters have been artificially formed, in the designated area on his land.

    (6) Every person commits an offence against this Act and is liable to the penalty set out in section 67E(3) who, during any open season, hunts or kills waterfowl in any designated area—

    • (a) in which, or in the near vicinity of which, there is a notice under subsection (5) erected or affixed during that open season or within the period of 30 days immediately preceding that open season; or

    • (b) in which the occupier of the land has informed him that food had been cast, thrown, placed, or planted, or that the waters have been artificially formed, during that open season or within the period of 30 days immediately preceding that open season; or

    • (c) in which he otherwise knows that food has been cast, thrown, placed, or planted, or that the waters have been artificially formed, during that open season or within the period of 30 days immediately preceding that open season.

    (7) Every person commits an offence against this Act and is liable to the penalty set out in section 67F(1) who destroys, defaces, or tampers with any notice erected or affixed under subsection (5).

    (8) Every occupier of land commits an offence against this Act and is liable to the penalty set out in section 67E(1) who, having been served with a written notice under subsection (5), fails to comply with the terms of that notice.

    Section 17: replaced, on 20 October 1972, by section 2(1) of the Wildlife Amendment Act 1972 (1972 No 116).

    Section 17(2): replaced, on 15 October 2000, by section 8 of the Wildlife (Penalties and Related Matters) Amendment Act 2000 (2000 No 43).

    Section 17(3): replaced, on 15 October 2000, by section 8 of the Wildlife (Penalties and Related Matters) Amendment Act 2000 (2000 No 43).

    Section 17(4): amended, on 10 April 1990, by section 70(a) of the Conservation Law Reform Act 1990 (1990 No 31).

    Section 17(4): amended, on 10 April 1990, by section 70(b) of the Conservation Law Reform Act 1990 (1990 No 31).

    Section 17(4): amended, on 1 April 1987, by section 65(1) of the Conservation Act 1987 (1987 No 65).

    Section 17(5): amended, on 10 April 1990, by section 70(c) of the Conservation Law Reform Act 1990 (1990 No 31).

    Section 17(6): amended, on 15 October 2000, by section 8 of the Wildlife (Penalties and Related Matters) Amendment Act 2000 (2000 No 43).

    Section 17(7): amended, on 15 October 2000, by section 8 of the Wildlife (Penalties and Related Matters) Amendment Act 2000 (2000 No 43).

    Section 17(8): amended, on 15 October 2000, by section 8 of the Wildlife (Penalties and Related Matters) Amendment Act 2000 (2000 No 43).