New Zealand Legislation: Acts

13 Powers of warranted officers

• (1) Every warranted officer holding a warrant for the purposes of this Act may, on production of his warrant of appointment if so required, in the exercise of his duty,—

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

    • (i) where he has good reason to believe that an offence is about to be or is being or has been committed, enter upon, pass through, or remain on any land (including any yard and enclosure), shed, barn, hut, tent, and other erection, and any other premises of any description for the purpose of preventing or detecting offences against this Act:

    • (ii) enter any vehicle, vessel, or aircraft that is about to be used or is being used or has been used in contravention of this Act or that he has good reason to believe is about to be or is being or has been so used:

    • (iii) where he has good reason to believe that any offence has been committed against this Act, search any land, or any hut, tent, caravan, bach, or other erection, or any barn, storehouse, or other premises of any description, or any trailer, vehicle, vessel, or aircraft to which paragraph (e) applies, or any riding or pack animal, or any other device for transportation or carriage found on any premises or on any water:

    provided that nothing in this paragraph shall apply to any dwellinghouse or other permanent residence or to the enclosed garden or curtilage of any dwellinghouse or other permanent residence:

  • (b) seize any wild animal unlawfully taken or had in possession or that he has good reason to believe to be unlawfully taken or had in possession:

  • (c) seize all nets, traps, snares, tranquillising drugs, ammunition, firearms, poisons, vessels, horses, dogs, aircraft, vehicles, and devices that are about to be used or are being used or have been used in contravention of this Act, or that he has good reason to believe are about to be so used or are being so used or have been so used:

  • (d) seize any bag, container, refrigerator, portable chiller or safe or similar structure, crate, trailer, vehicle, or other thing, that is being used for the purpose of conveying or holding any wild animal or the carcass thereof unlawfully taken or had in possession or that he has good reason to believe is being so used:

  • (e) stop any vehicle, or any riding or pack animal, or any 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 case or crate or other container that is, or that he has good reason to believe to be, in the possession of the owner or of any other person (including any carrier or forwarding agent, whether by land or sea or air), if he has good reason to believe that any contravention 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, vessel, aircraft, or other device for carriage or transportation, and in such presence as aforesaid open and search any such case or crate or other container:

  • (f) hunt or kill any wild animal:

  • (g) remove or sell or otherwise dispose of any wild animal or its carcass or part thereof where the animal is taken or killed by employees or agents or officers of the Department on any occupied or unoccupied Crown-owned land, or any national park land, or any other land, and pay any money received from any such transaction into a Crown Bank Account:

  • (h) require, by notice in writing, the owner or manager of any domestic animals, or any wild animals held under permit issued under this Act or regulations made under this Act, to remove any such domestic or wild animals from the land where they are normally held or are present, as the case may be, for a specified period and from a specified date where:

    • (i) the domestic animals are trespassing on Crown-owned land over which wild animal control operations are planned or are under way; or

    • (ii) the wild animals are causing or are liable to cause damage to the land, soils, vegetation, natural water, or wildlife on the land, or are liable to encourage the spread of any animal disease:

    provided that, where any domestic animals may be affected by any requirement under this paragraph, notice in writing in respect thereof shall be given, at least 10 days before the requirement is to take effect, to the owner and manager of any animal to which the requirement relates and (if applicable) every owner or occupier of the land where the animals are normally held or are present, as the case may be.

  (2) Where any article or animal used in the commission of an offence is seized by a warranted officer it shall be retained by the Director-General pending the trial of the person from whom it was seized for the offence in respect of which it was seized. If proceedings are not taken within 12 months against the person from whom the article or animal was seized, it shall, at the expiry of that period, be returned to him. Where proceedings are so taken against the aforesaid person, the article or animal shall, when the proceedings are completed, be returned to that person unless the court, where it enters a conviction, directs that the article or animal or any other article, animal, or aircraft used in the commission of the offence but not seized by a warranted officer be forfeited to the Crown, in which case the article or animal shall be forfeited to the Crown accordingly, and shall be disposed of as the Minister directs.

  (3) Where a wild animal is seized or removed from any place, it may be held in any convenient place as the property of the Crown pending the prosecution of any person in respect of an offence against this Act; and any expenses incurred in holding the animal may be awarded by the court in fixing the penalty for the offence and may be recovered as a fine.

  (3A) Notwithstanding subsection (3) and section 39(4), where the carcass of any wild animal is seized or removed from any place, it may be sold. The net proceeds received from the sale shall be paid into the Department Deposit Account and shall be dealt with in accordance with subsection (2) as if those proceeds and not the carcass had been the article seized.

  (4) Where any wild animal or its carcass is sold or disposed of under paragraph (g) of subsection (1), all proceeds from the sale or disposition shall belong to the Crown.

  (5) Notwithstanding the foregoing provisions of this section, the Director-General may, if he thinks fit, at any time restore any animal or thing removed or seized by a warranted officer under this section to the person who owned or was in possession of the animal or thing at the time when it was removed or seized, either unconditionally or upon compliance with such conditions (including payment to the Crown) as the Director-General thinks fit.

  (6) Any warranted officer shall have power, on production of his warrant of appointment if so required, to enter at all reasonable times on the land or premises of the holder of any permit or licence or other authority to which any of the provisions of this Act apply, or any other land or premises where he has good reason to believe that an offence against this Act is about to be or is being or has been committed, and inspect any part of the land or premises for the purpose of ascertaining whether the conditions of the permit or licence or other authority are being complied with or, as the case may be, whether any offence against this Act has been committed; and where he has good reason to believe that any offence has been committed against this Act, search any land, or any hut, tent, caravan, bach, or other erection, or any barn, storehouse, or other premises of any description, or any trailer, vehicle, vessel, or aircraft to which paragraph (e) of subsection (1) applies, or any riding or pack animal, or any other device for transportation or carriage found on any premises or on any water:

  provided that a warranted officer shall not enter any dwellinghouse or the enclosed garden or curtilage of any dwellinghouse, unless he is authorised by a warrant under the hand of a District Court Judge or Justice of the Peace or Community Magistrate, who shall not grant such a warrant unless he is satisfied that the warranted officer has reasonable grounds for requiring entry into the dwellinghouse, garden, or curtilage.

  (7) Any District Court Judge or Justice of the Peace or Community Magistrate who is satisfied on oath that there is probable cause to suspect that any offence against this Act has been or is being committed within any dwellinghouse, garden, or curtilage may, by warrant under his hand, empower a warranted officer to enter therein for the purpose of detecting that offence at such time or times of the day as are mentioned in the warrant, but no such warrant shall continue in force for more than 14 days from the date thereof.

  (8) The Director-General shall supply to every person to be appointed as a warranted officer (except a constable) a written warrant signed by himself or on his behalf evidencing the warranted officer's appointment, and the production of that warrant shall be sufficient proof of the appointment.

  (9) The production by any person of evidence that that person is a constable shall, until the contrary is proved, be sufficient authority for that person to have and exercise all the powers of a warranted officer otherwise appointed under this Act.

  Section 13 heading: amended, on 1 April 1987, by section 65(1) of the Conservation Act 1987 (1987 No 65).

  Section 13(1): amended, on 1 April 1987, by section 65(1) of the Conservation Act 1987 (1987 No 65).

  Section 13(1)(c): amended, on 12 October 1982, by section 5(1)(a) of the Wild Animal Control Amendment Act 1982 (1982 No 26).

  Section 13(1)(g): amended, on 25 January 2005, pursuant to section 83(7) of the Public Finance Act 1989 (1989 No 44).

  Section 13(1)(g): amended, on 1 April 1987, by section 65(1) of the Conservation Act 1987 (1987 No 65).

  Section 13(2): amended, on 1 April 1987, by section 65(1) of the Conservation Act 1987 (1987 No 65).

  Section 13(2): amended, on 12 October 1982, by section 5(1)(b) of the Wild Animal Control Amendment Act 1982 (1982 No 26).

  Section 13(2): amended, on 14 December 1979, by section 7(1)(a) of the Wild Animal Control Amendment Act 1979 (1979 No 146).

  Section 13(3A): inserted, on 19 October 1978, by section 3(1) of the Wild Animal Control Amendment Act 1978 (1978 No 135).

  Section 13(3A): amended, on 1 April 1987, by section 65(1) of the Conservation Act 1987 (1987 No 65).

  Section 13(3A): amended, on 12 October 1982, by section 5(1)(c) of the Wild Animal Control Amendment Act 1982 (1982 No 26).

  Section 13(5): amended, on 1 April 1987, by section 65(1) of the Conservation Act 1987 (1987 No 65).

  Section 13(6): amended, on 30 June 1998, by section 7 of the District Courts Amendment Act 1998 (1998 No 76).

  Section 13(6): amended, on 1 April 1987, by section 65(1) of the Conservation Act 1987 (1987 No 65).

  Section 13(6) proviso: amended, on 30 June 1998, by section 7 of the District Courts Amendment Act 1998 (1998 No 76).

  Section 13(6) proviso: amended, on 1 April 1987, by section 65(1) of the Conservation Act 1987 (1987 No 65).

  Section 13(6) proviso: amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

  Section 13(6) proviso: amended, on 14 December 1979, by section 6 of the Wild Animal Control Amendment Act 1979 (1979 No 146).

  Section 13(7): amended, on 30 June 1998, by section 7 of the District Courts Amendment Act 1998 (1998 No 76).

  Section 13(7): amended, on 1 April 1987, by section 65(1) of the Conservation Act 1987 (1987 No 65).

  Section 13(7): amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

  Section 13(7): amended, on 14 December 1979, by section 6 of the Wild Animal Control Amendment Act 1979 (1979 No 146).

  Section 13(7): amended, on 19 October 1978, by section 3(2) of the Wild Animal Control Amendment Act 1978 (1978 No 135).

  Section 13(8): amended, on 1 April 1987, by section 65(1) of the Conservation Act 1987 (1987 No 65).

  Section 13(8): amended, on 12 October 1982, by section 5(1)(d) of the Wild Animal Control Amendment Act 1982 (1982 No 26).

  Section 13(8): amended, on 14 December 1979, by section 7(2) of the Wild Animal Control Amendment Act 1979 (1979 No 146).

  Section 13(9): added, on 14 December 1979, by section 7(3) of the Wild Animal Control Amendment Act 1979 (1979 No 146).

  Section 13(9): amended, on 1 April 1987, by section 65(1) of the Conservation Act 1987 (1987 No 65).