Wildlife Act 1953

68AB Mens rea and strict liability offences

  • (1) In any prosecution for an offence under any of the provisions listed in subsection (5), the prosecution must prove that the defendant intended to commit the offence.

    (2) In any prosecution for an offence under a provision that is not listed in subsection (5), it is not necessary for the prosecution to prove that the defendant intended to commit an offence.

    (3) It is a defence in any prosecution for an offence not listed in subsection (5) if the defendant proves—

    • (a) that the defendant did not intend to commit the offence; and

    • (b) that,—

      • (i) in any case where it is alleged that anything required to be done was not done, the defendant took all reasonable steps to ensure that it was done:

      • (ii) in any case where it is alleged that anything prohibited was done, that the defendant took all reasonable steps to ensure that it was not done.

    (4) The defence provided in subsection (3) is in addition to any other defence or excuse provided by this Act.

    (5) The provisions are—

    • (a) section 17(6)(c) (which relates to hunting or killing waterfowl where a person knows that food has been placed or artificial waters formed):

    • (c) section 58(1)(a) (which relates to shooting at, killing, disabling, or injuring a homing pigeon):

    • (d) section 59(5A) (which relates to interfering with vehicles, animals, equipment, or supplies brought onto land):

    • (e) section 59(6) (which relates to obstructing the Director-General or an authorised officer in the exercise of powers):

    • (g) section 66(2) (which relates to failing to give a name and address, or giving a false name and address).

    (6) Sections 63A and 63B continue to apply as if this section had not been enacted.

    Section 68AB: inserted, on 15 October 2000, by section 7 of the Wildlife (Penalties and Related Matters) Amendment Act 2000 (2000 No 43).