18 Restrictions on the taking of game
  • (1) Save as otherwise expressly provided in this Act or except in such circumstances and at such times, areas, and places and subject to such conditions as may from time to time be authorised pursuant to a notification given by the Minister, no person shall—

    • (a) trap game in any manner whatever or take any game by means of traps or by any means other than by shooting with a shotgun:

      provided that a dog may be used in conjunction with a shotgun for the purpose of finding, flushing, or retrieving any game:

    • (b) erect or set any trap, net, snare, or other device for the purpose of taking any game:

    • (c) hunt or kill any game with—

      • (i) any swivel gun or punt gun; or

      • (ii) any rifle; or

      • (iii) any shotgun having a magazine of any type, unless the magazine is so adjusted in accordance with regulations made under this Act that the magazine is incapable of holding more than 1 shell; or

      • (iv) any shotgun other than a shoulder gun; or

      • (v) any shotgun the gauge of which is greater than that known as 12 gauge:

    • (d) use any apparatus for the purpose of silencing the report of a shotgun being used for the purpose of hunting or killing game:

    • (e) in hunting or killing any game from any stand, hide, shelter, maimai, mudhole, boat, louvre, or other contrivance, use more than 1 shotgun:

      provided that any person so engaged may have 1, and not more than 1, further shotgun in a condition not immediately suitable for use and held for use only in the event of the first shotgun becoming damaged or otherwise unfit for use:

    • (f) for the purpose of hunting or killing any game use—

      • (i) any live decoy; or

      • (ii) [Repealed]

      • (iii) any cylinder or mudhole or similar device in any lake, lagoon, pond, river, estuary, or other open water, whether natural or artificially constructed, unless the sides of the cylinder or mudhole or device project not less than 60 centimetres above the surface of the water; or

      • (iv) any aircraft, motor vehicle, or other vehicle propelled by mechanical power:

        provided that nothing in this subparagraph shall be deemed to prevent any person from using any aircraft or vehicle for the purpose of travelling generally or to any place where he intends to hunt or kill game or of returning from any such place; or

      • (v) on any lake, lagoon, pond, river, estuary, or other water (whether natural or artificially constructed), any vessel (other than a row boat) in driving, chasing, unduly disturbing, putting to flight, or stalking any game, whether by himself or by any other person:

        provided that nothing in this subparagraph shall be deemed to prevent any person from using any vessel for camping purposes or for the purpose of travelling generally or to any place where he intends to kill or hunt game or of returning from any such place, or, subject to the foregoing provisions of this subparagraph and to the provisions of subparagraph (vi), to prohibit shooting from a moored vessel or to prohibit the use of any vessel for the purpose of retrieving game that has been killed or wounded; or

      • (vi) any unmoored floating stand, hide, shelter, maimai, or louvre, or any unmoored boat artificially dressed or covered in any way:

    • (g) by any means spread oil on any water for the purpose of hunting or killing any game or for the purpose of preventing game from alighting on that water or on any part thereof:

    • (h) use any light for the purpose of hunting or killing any game.

    (1A) Every person who contravenes subsection (1) commits an offence against this Act and is liable on conviction to the penalty set out in section 67E(3).

    (2) For the purposes of paragraph (f) of subsection (1)—

    decoy includes any dead game that is so placed or arranged as to simulate the appearance of live game

    row boat means any vessel that for the time being is wholly propelled by oars or paddles or poles

    vessel includes any launch, boat, canoe, punt, or other similar craft, whether propelled by mechanical power or not.

    Compare: 1921–22 No 57 ss 11(1), 12, 13

    Section 18(1): amended, on 6 December 1983, by section 4(1) of the Wildlife Amendment Act 1983 (1983 No 48).

    Section 18(1)(c)(iii): replaced, on 17 November 1964, by section 5 of the Wildlife Amendment Act 1964 (1964 No 63).

    Section 18(1)(d): replaced, on 21 November 1973, by section 2(1) of the Wildlife Amendment Act 1973 (1973 No 99).

    Section 18(1)(f)(ii): repealed, on 17 November 1964, by section 4(2) of the Wildlife Amendment Act 1964 (1964 No 63).

    Section 18(1)(f)(iii): amended, on 21 November 1973, by section 2(2) of the Wildlife Amendment Act 1973 (1973 No 99).

    Section 18(1)(f)(v): amended, on 21 October 1959, by section 7(a) of the Wildlife Amendment Act 1959 (1959 No 49).

    Section 18(1)(f)(v) proviso: amended, on 21 October 1959, by section 7(b) of the Wildlife Amendment Act 1959 (1959 No 49).

    Section 18(1)(f)(vi): amended, on 6 December 1983, by section 4(2) of the Wildlife Amendment Act 1983 (1983 No 48).

    Section 18(1)(g): amended, on 21 October 1959, by section 7(c) of the Wildlife Amendment Act 1959 (1959 No 49).

    Section 18(1A): inserted, on 15 October 2000, by section 8 of the Wildlife (Penalties and Related Matters) Amendment Act 2000 (2000 No 43).

    Section 18(2) row boat: amended, on 21 October 1959, by section 7(d) of the Wildlife Amendment Act 1959 (1959 No 49).