59 Entry on land for purposes of Act
  • (1) If in the opinion of the Minister any wildlife is causing or is likely to cause injury or damage to any land, or to any person, or to any stock or crops, or to any chattel, or to any other wildlife, or to any trees, shrubs, plants, or grasses, the existence of which may tend to protect the habitat of any absolutely protected wildlife or of any game, or which may tend to mitigate soil erosion or to promote soil conservation or the control of floods, he may authorise in writing the Director-General, or any other officer or servant of the Department, to enter at any time and from time to time on any land under the control of any local authority or public body or any Maori land or private land, with such assistants as he thinks fit, for all or any of the following purposes:

    • (a) to investigate the incidence on the land of any such wildlife and to make studies or other investigations of any such wildlife:

    • (b) to catch alive or to hunt or kill any such wildlife:

    • (c) to remove any such wildlife to any other area:

    • (d) to erect and maintain tents or other structures on the land, and to provide all necessary services, conveniences, and amenities:

    • (e) to erect notices advising or warning of any action being taken under this Act:

    • (f) to have access for any of the purposes specified in this subsection to any other land (whether adjoining or not) on which any such wildlife is or may be:

    • (g) to do any other act or thing necessary for any of the purposes specified in this subsection.

    (2) Any person entering on any land pursuant to subsection (1) may bring with him any vehicle, horse, or dog, and any equipment necessary for any of the purposes specified in that subsection, and may convey any necessary supplies onto or over that land.

    (3) Where on any land that is not a wildlife sanctuary or a wildlife refuge or a closed game area any notice or sign is erected or placed which is intended to cause or may reasonably cause any person to believe that the land is part of a wildlife sanctuary or wildlife refuge or closed game area, as the case may be, any officer or servant of the Department or any ranger may enter at any time on the land and remove or destroy the notice or sign. The removal or destruction of any notice or sign pursuant to this subsection shall not confer any right to compensation on any person.

    (4) Before entry on any land pursuant to subsection (1), the Director-General, or the officer or servant of the Department authorised by the Minister, shall, when practicable, give reasonable notice to the occupier or controlling authority of the land of the intention to enter thereon, and where any person enters on any land pursuant to subsection (3), he shall, if required by the occupier or controlling authority, produce and show the authority under which he claims to enter, or has entered, on the land.

    (5) Every person who, not being duly authorised, takes away or is found in possession of, or removes, destroys, displaces, or moves the position of, any tent or other structure or any services, conveniences, or amenities erected or provided on any land pursuant to subsection (1) commits an offence against this Act and is liable on conviction to the penalty set out in section 67F(1).

    (5A) Every person who, not being duly authorised, wilfully removes, injures, or damages in any way any vehicle, animal, equipment, or supplies brought onto any land pursuant to subsection (1) commits an offence against this Act and is liable on conviction to the penalty set out in section 67F(1).

    (6) Every person commits an offence against this Act and is liable on conviction to the penalty set out in section 67F(7) who wilfully obstructs or hinders or resists the Director-General or any authorised officer or servant of the Department in the exercise of any of the powers conferred by this section.

    Compare: 1945 No 40 s 81

    Section 59(1): amended, on 1 April 1987, by section 65(1) of the Conservation Act 1987 (1987 No 65).

    Section 59(4): amended, on 1 April 1987, by section 65(1) of the Conservation Act 1987 (1987 No 65).

    Section 59(5): replaced, on 15 October 2000, by section 8 of the Wildlife (Penalties and Related Matters) Amendment Act 2000 (2000 No 43).

    Section 59(5A): inserted, on 15 October 2000, by section 8 of the Wildlife (Penalties and Related Matters) Amendment Act 2000 (2000 No 43).

    Section 59(6): amended, on 25 October 2013, by section 23 of the Conservation (Natural Heritage Protection) Act 2013 (2013 No 89).

    Section 59(6): amended, on 15 October 2000, by section 8 of the Wildlife (Penalties and Related Matters) Amendment Act 2000 (2000 No 43).

    Section 59(6): amended, on 1 April 1987, by section 65(1) of the Conservation Act 1987 (1987 No 65).