39 Powers of rangers
  • (1) Every ranger may, in the exercise of his duty within the district or area for which he is appointed,—

    • (a) seize any animal or any part of any animal or any egg or nest thereof illegally taken or had in possession, or which he reasonably believes to be illegally taken or had in possession:

    • (b) seize all nets, traps, firearms, ammunition, boats, vehicles, engines, instruments, appliances, or devices that are being used or are intended to be used or have been used in breach of this Act, or that he reasonably believes are so being used or are intended to be so used or have been so used:

    • (c) seize any bag, container, or other article (including any coat or other similar article of clothing) that is being used for the purpose of carrying any animal or any part of any animal or any egg or nest thereof illegally taken or had in possession or that he reasonably believes is being so used:

    • (d) stop any vehicle, or any riding or pack animal, or any boat, launch, or other vessel, or any aircraft while on the ground or on the water, or any other device for carriage or transportation, or stop in transit any parcel, package, case, bag, luggage, or other container that is or that he reasonably believes to be in the possession of the owner or of any other person (including any carrier or forwarding agent, whether by land, sea, or air), if he has reason to believe or suspect that any breach of this Act or of any regulations under this Act has been committed by the owner or by the person in possession thereof or by any other person, and, in the presence of the owner or other person as aforesaid or of any servant of any of them, search any such vehicle, riding or pack animal, boat, launch, or other vessel, or aircraft, or other device for carriage or transportation, and in such presence as aforesaid open and search any such parcel, package, case, bag, luggage, or other container:

    • (e) while in lawful execution of his duty, call upon any male person, not being under the age of 18 years, to aid or assist him when reasonable necessity exists for calling that assistance, and every person aiding or assisting any ranger pursuant to any such call shall while doing so be deemed to be and shall have all the powers of a ranger duly appointed under this Act:

    • (f) at all times, without let or hindrance—

      • (i) by any means whatever, enter upon, pass through, or remain on any land (other than a dwellinghouse or the enclosed garden or curtilage of any dwellinghouse) or any hut, tent, caravan, bach, or other erection (not being a permanent residence), or any shop, warehouse, factory, bond store, office, or any other premises of any description, or into or upon any lake, river, pond, lagoon, or other water (whether natural or artificially constructed):

      • (ii) enter any vehicle, boat, launch, other vessel, or aircraft that is being used or is intended to be used or has been used in breach of this Act or that he reasonably believes is being or is intended to be or has been so used:

      • (iii) search any land or any hut, tent, caravan, bach, or other erection (not being a permanent residence), or any shop, warehouse, factory, bond store, office, or other premises of any description, or any vehicle, boat, launch, other vessel, or aircraft referred to in subparagraph (ii), or any riding or pack animal, or other device for transportation or carriage found on the said land or on any such premises or on any such lake, river, pond, lagoon, or other water:

    provided that any issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) who is satisfied on reasonable grounds that any breach of this Act or of any regulations under this Act has been or is being committed, or that preparation has been made to commit such a breach, within any of the hereinbefore excepted premises, may, by warrant under his hand, empower a ranger to enter those premises for the purpose of detecting that offence.

    (2) The production by a ranger of his warrant of appointment shall be sufficient evidence of that appointment.

    (3) The provisions of Part 4 of the Search and Surveillance Act 2012 (except sections 118 and 119) apply.

    Compare: 1921–22 No 57 s 36(1), (2)

    Section 39(1)(f) proviso: amended, on 1 October 2012, by section 309(2)(a) of the Search and Surveillance Act 2012 (2012 No 24).

    Section 39(1)(f) proviso: amended, on 1 October 2012, by section 309(2)(b) of the Search and Surveillance Act 2012 (2012 No 24).

    Section 39(3): inserted, on 1 October 2012, by section 309(3) of the Search and Surveillance Act 2012 (2012 No 24).