New Zealand Legislation: Acts
Acts are laws made by Parliament
(1) In any case where the Director-General considers that the occupier of any Crown-owned land held under permit, lease, licence, or other authority has not fulfilled his obligations to control wild animals under the terms of his permit, lease, licence, or other authority, or where no obligation in respect to the control of wild animals on the land is included in the permit, lease, licence, or other authority, the occupier of the land shall, when called upon to do so by the Director-General, carry out or arrange to be carried out, as is appropriate, such wild animal control measures as are in the opinion of the Director-General necessary to ensure protection of any watercourse, or of the soil, or any plants, or any wildlife, or to achieve concerted action, or for such other purpose as the Director-General shall specify.
(2) Where any occupier, or (where appropriate) the land controlling authority, requests that the Director-General arrange for a wild animal control operation, or where an occupier fails without good and sufficient cause to carry out any direction of the Director-General, the Director-General may, after giving prior notification to the occupier, and (where appropriate) the land controlling authority, of the land, enter onto the land, or arrange that any agent or employee or officer of the Department enter onto the land, and carry out under the supervision of a warranted officer such control measures as are considered by the Director-General to be necessary:
Provided that in all cases the Director-General shall give to the occupier, and where appropriate the authority administering the land, not less than 28 days' notice of his intentions.
(3) Where an occupier has failed, without good and sufficient cause, to carry out any direction of the Director-General, the Minister may, on the advice of the Director-General, notify the occupier that he is required to pay a reasonable part or all of the costs of the control operation, which shall be recoverable as a debt due to the Crown:
Provided that the Minister shall not exercise this power where the occupier can establish to the satisfaction of the Minister that:
(a) The cost of the control operation would have caused him undue hardship; or
(b) He could not obtain the manpower, or the assistance of commercial or recreational hunters, or technical or material needs, to enable him to comply with the direction; or
(c) There were other factors that the Minister accepts as sufficient cause for non-compliance with the direction.
The words “Department”
and “warranted officer”
were substituted, as from 1 April 1987, for the words “Forest Service”
and “Forest Officer”
respectively, pursuant to section 65(1) Conservation Act 1987 (1987 No 65). See also section 2(2) Forests Act 1949 (1949 No 19) as to an earlier amendment of these terms.