Wild Animal Control Act 1977

12A Deer farms

• (1) Any person may, without a permit or licence issued under section 12, but subject to this section, capture, convey, or keep deer in captivity for the purposes of farming anywhere in New Zealand except—

  • (a) on any land where such farming is controlled by or under this Act or any other Act; or

  • (b) where prohibited pursuant to subsection (2) or any other Act.

  (2) Subject to subsection (3), the Minister may from time to time, by notice in the Gazette,—

  • (a) specify those areas or places in which deer farming generally is prohibited:

  • (b) specify those areas or places in which the farming of any particular species of deer is prohibited:

  • (c) specify those areas or places in which deer farming generally is permitted:

  • (d) specify those areas or places in which the farming of any particular species of deer is permitted:

  • (e) specify the fencing requirements for deer farming generally or for deer farming in any specified areas or places:

  • (f) regulate deer farming permitted under paragraph (c) or paragraph (d), subject to any provisions prescribed by regulations made under section 40(1)(e).

  (2A) The requirements of this section that apply in respect of deer kept in a safari park on land on which the farming of deer is regulated also apply in respect of deer kept in a safari park on land on which the farming of deer is not regulated.

  (3) Before giving a notice under subsection (2), the Minister shall,—

  • (a) in any case where the notice does anything specified in any of paragraphs (a) to (d) of that subsection, publicly notify the intention to give the notice; and, in that case, section 49 of the Conservation Act 1987 shall apply with any necessary modifications:

  • (b) in every case, have regard to—

    • (i) whether feral deer of the same species are already established in the area concerned; and

    • (ii) whether deer-induced modification of the environment is likely to differ from the modification of the environment caused by introduced animal species that are already present; and

    • (iii) whether the presence of that species of deer is likely to cause additional control costs.

  (4) Where the farming of any deer on any land is regulated under subsection (2), the occupier of the land shall ensure that the enclosures on the land—

  • (a) are suitable to contain the deer and prevent their escape; and

  • (b) comply with any specifications prescribed by the Minister under that subsection.

  (5) After complying with subsection (4) (in the case of a deer farm in a regulated area), the occupier of the relevant land shall then notify the Director-General of the occupier's intention to begin keeping deer in captivity on that land, and upon acknowledgment in writing from the Director-General, may begin to do so.

  (6) The notice given to the Director-General under subsection (5) shall be in writing, and shall include the following particulars:

  • (a) the location, the legal description, and the nature and tenure of the land:

  • (b) the species of deer proposed to be kept on the land:

  • (c) such other particulars as the Director-General may specify in writing.

  (7) For the purposes of section 9(2) and of subsections (9) to (11) of section 12, an acknowledgment in writing given by the Director-General under subsection (5) shall be deemed to be a permit issued under section 12(3)(a).

  (8) Any deer that—

  • (a) escapes from its enclosure; or

  • (b) strays while being lawfully captured, conveyed, or held in captivity, for the purposes of farming,—

  shall remain the property of the owner if that deer is identified in accordance with an identification system approved under the National Animal Identification and Tracing Act 2012 or in accordance with an identification system approved under section 50 of the Biosecurity Act 1993 and approved by the Director-General for the purposes of this Act.

  (9) Notwithstanding subsection (8), the following provisions apply in relation to any deer on Crown-owned land:

  • (a) any person acting in the course of his or her duties as an employee of the Department, and any other person acting pursuant to a special or general authority conferred for the purpose by the Director-General, may hunt and kill the deer and dispose of the deer:

  • (b) no person is required to notify the owner of the deer that it has been killed or disposed of:

  • (c) no person is required to return the deer to the owner:

  • (d) the owner shall not be entitled to receive any compensation by reason only of the hunting, killing, or disposal of the deer under the authority of this subsection.

  (10) Every person commits an offence against this Act who, while keeping any deer in captivity on a regulated deer farm for the purposes of farming, fails to maintain the enclosures on the land so as to prevent the escape of the deer or so that the enclosures no longer comply with any prescribed specifications.

  (11) In this section, the term farming, in relation to deer, includes the keeping of deer in a safari park, whether or not other wild animals are also kept in the safari park.

  Section 12A: substituted, on 25 November 1994, by section 5(1) of the Wild Animal Control Amendment Act 1994 (1994 No 114).

  Section 12A(2A): inserted, on 1 October 1997, by section 7(1) of the Wild Animal Control Amendment Act 1997 (1997 No 80).

  Section 12A(8): amended, on 21 February 2012, by section 75 of the National Animal Identification and Tracing Act 2012 (2012 No 2).

  Section 12A(8): amended, on 7 May 1999, by section 4 of the Wild Animal Control Amendment Act 1999 (1999 No 52).

  Section 12A(11): added, on 1 October 1997, by section 7(2) of the Wild Animal Control Amendment Act 1997 (1997 No 80).