19 Licence to hunt or kill game
  • (1) Except as provided in subsection (3), every person who hunts or kills game of any species during an open season in any area, unless that person is the holder of a licence under this Act to hunt or kill game of that species available in that area during that season, commits an offence against this Act and is liable on conviction to the penalty set out in section 67E(3).

    (2) [Repealed]

    (3) Notwithstanding anything in the foregoing provisions of this section, the occupier of any land, and the wife, husband, civil union partner, or de facto partner and any one son or daughter of the occupier, may, during an open season, hunt or kill on that land without a licence (but subject to all other restrictions imposed by or under this Act) any game that may lawfully be hunted or killed under a licence in the district within the boundaries of which that land is situated.

    (4) In subsection (3) the term occupier, in relation to any land, means—

    • (a) the person whose permanent and principal or only place of residence is on the land, if he resides on the land by virtue of the fact that he is—

      • (i) the owner of the fee simple of the land; or

      • (ii) the owner of a lease or licence of the land and the owner of the fee simple does not himself personally reside on the land; or

      • (iii) the manager of a farming business carried on on the land by such an owner who does not himself personally reside on the land; or

      • (iv) the sharemilker under a sharemilking agreement entered into with such an owner who does not himself personally reside on the land:

    • (b) where there are several such persons, such one of them as is, by notice in writing signed by all of them and delivered to the Fish and Game Council for the area concerned, appointed to be the occupier for the purposes of that subsection. Every such appointment shall continue in force during the whole of the open season in respect of which it is made and shall lapse at the end of that season.

    (4A) In subsection (3) the term occupier, in relation to any land, does not include a person appointed under the Conservation Act 1987 to be the manager of a marginal strip.

    (5) On production to the Fish and Game Council of the appointment referred to in paragraph (b) of subsection (4), the Fish and Game Council shall endorse on the appointment a certificate that it has been so produced and shall return it to the person appointed, who shall, in any circumstances where a licence under this Act to hunt or kill game is required, produce that appointment so endorsed to any authorised person (as defined in subsection (3) of section 61) demanding its production, and if he fails to do so he commits an offence against this Act and is liable on conviction to the penalty set out in section 67E(1).

    (6) Where a person resides on land that is farmed in conjunction with any other land, he shall be deemed for the purposes of subsection (4) to reside on that other land also.

    Compare: 1921–22 No 57 s 14

    Section 19(1): replaced, on 15 October 2000, by section 8 of the Wildlife (Penalties and Related Matters) Amendment Act 2000 (2000 No 43).

    Section 19(2): repealed, on 15 October 2000, by section 8 of the Wildlife (Penalties and Related Matters) Amendment Act 2000 (2000 No 43).

    Section 19(3): amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).

    Section 19(4)(b): amended, on 10 April 1990, by section 71(1)(c) of the Conservation Law Reform Act 1990 (1990 No 31).

    Section 19(4A): inserted, on 10 April 1990, by section 71(2) of the Conservation Law Reform Act 1990 (1990 No 31).

    Section 19(5): amended, on 15 October 2000, by section 8 of the Wildlife (Penalties and Related Matters) Amendment Act 2000 (2000 No 43).

    Section 19(5): amended, on 10 April 1990, by section 71(1)(d) of the Conservation Law Reform Act 1990 (1990 No 31).