23 Sale of game and sale of shooting rights prohibited
  • (1) Except with the prior consent of the Director-General, no person shall—

    • (a) buy or sell any game or the eggs of any game:

    • (b) for sale or for hire, gain, or reward, or hope thereof, hunt or kill any game or have any game or the eggs of any game in his possession:

    • (c) induce any other person to hunt or kill game for the purposes of sale or have any game or the eggs of any game in his possession for the purposes of sale:

    provided that it shall be lawful for any person, pursuant to the prior written authority of the Director-General, and subject to such conditions as may be prescribed therein, to propagate game or to buy or sell game held for the purpose of propagating game or reared pursuant to any such authority, or to take and sell or to buy the eggs of any game to which any such authority relates.

    (2) No person shall sell or let for fee or reward any right to hunt or kill game on any land or on any water on or adjoining any land.

    (2A) Every person who contravenes subsections (1) or (2) commits an offence against this Act and is liable on conviction to the penalty set out in section 67E(1).

    (3) Where any person for rent or other valuable consideration grants a lease or licence of any duration of land on which or on water adjoining which game is usually prevalent, he shall be deemed for the purposes of subsection (2) to have let the right to hunt or kill game on that land or on that water, as the case may be, if the court, having regard to all the circumstances of the case, is satisfied that the sole or principal purpose of the lease or licence was to confer on the lessee or licensee the right to hunt or kill game on that land or water.

    (4) Nothing in this section—

    • (a) prohibits the provision of game hunting guide services by a game hunting guide in accordance with this Act or the charging of fees in respect of such services; or

    • (b) prevents the Minister granting to a game hunting guide any concession.

    Compare: 1921–22 No 57 s 16

    Section 23(1): amended, on 1 April 1987, by section 65(1) of the Conservation Act 1987 (1987 No 65).

    Section 23(1) proviso: amended, on 1 April 1987, by section 65(1) of the Conservation Act 1987 (1987 No 65).

    Section 23(2A): inserted, on 15 October 2000, by section 8 of the Wildlife (Penalties and Related Matters) Amendment Act 2000 (2000 No 43).

    Section 23(4): inserted, on 13 March 1996, by section 7 of the Wildlife Amendment Act 1996 (1996 No 2).