New Zealand Legislation: Acts
Acts are laws made by Parliament
(1) If in the opinion of the Minister—
(a) wild animals are causing or are likely to cause injury or damage to any land, or to the native flora or fauna on the land or any adjacent land, or to any person, or to any animals or crops, or to any chattel; or
(b) wild animals are causing or are likely to cause injury or damage to any trees, shrubs, plants, or grasses that may tend to—
(i) protect the habitat of any absolutely protected wildlife or game as defined for the time being in the Wildlife Act 1953; or
(ii) mitigate soil erosion, or promote soil and water conservation or the control of floods; or
(c) entry onto the land is necessary for the purpose of achieving concerted action against any wild animals,—
the Director-General may request the owner or occupier or person in control of the land to allow entry onto the land for the purposes of this Act.
(2) Where the owner or occupier or person in control of the land has refused a written request from the Director-General for entry onto the land, the Minister may authorise in writing the Director-General or any other officer or employee or agent or contractor of the Department to enter at any time and from time to time on any land vested in or administered by the Crown, or on any other 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 wild animals and to make studies or other investigations of any such wild animals:
(b) to catch alive or to hunt or kill or (subject to the Pesticides (Vertebrate Pest Control) Regulations 1983 and any other enactment relating to the use of poisons) poison any such wild animals:
(c) to erect and maintain tents on the land, and to provide all necessary services, conveniences, and amenities and, with the agreement of the occupier, owner, or authority in control of the land, erect such huts and other structures and develop such tracks and other works as are necessary for the success of the wild animal control operation:
provided that, where there is any loss of pasture, farm production, or income other than that derived from the hunting or sale of wild animals as a consequence of any such structures or works on the land, the Minister may, on the production of evidence to his satisfaction of such loss, pay such compensation as he considers fair and reasonable:
(d) to erect notices or publish or broadcast information advising or warning of any action being taken under this Act:
(e) to have access for any of the purposes specified in this subsection to any other land (whether adjoining or not) on which any such wild animals are present:
(f) to do any other act or thing necessary for any of the purposes specified in this subsection.
(3) Before entry on any land pursuant to this section, the Director-General or other officer or employee or agent or contractor of the Department authorised by the Minister shall give at least 28 days' written notice to the owner, occupier, or controlling authority of the land of the intention to have officers, employees, agents, or contractors of the Department, as the case may be, enter thereon or commence wild animal control operations at such time and place as may be specified in the notice, which notice shall advise that an appeal to the Minister for a review of the matter may be lodged with the Minister within 21 days of the giving of the notice, and that the Minister's decision regarding any appeal shall be final.
(4) Where any Crown-owned land or any national park land or maritime park land or any defence area is concerned, the Director-General shall ensure that there is prior consultation with the land controlling authority, and shall include in the authority to enter onto the land issued to any officer, employee, agent, or contractor of the Department such conditions of entry and use of the land as may be laid down by the controlling authority and agreed to by the Director-General.
(5) Where any hut, track, aerodrome, or other structure is intended to be erected or developed on any national park land or maritime park land or any defence area, and the Director-General and the appropriate board or Minister cannot agree regarding the structure or work, the matter shall be referred to the Minister for decision in consultation with the appropriate Minister.
(6) Subject to prior consultation with the occupier or the land controlling authority, and having satisfied himself that the authorisation that he intends to grant does not conflict with any Act or bylaw relating to the Crown-owned land to which the said authorisation is to apply, and in the case of any other land that the authorisation that he intends to grant has been discussed with the occupier and will not unduly affect farm management or cause the occupier undue hardship, the Director-General may authorise any person entering on any land pursuant to subsection (1) to bring with him any vehicle, vessel, aircraft, machine, horse, or dog, and any equipment necessary for any of the purposes specified in that subsection, and to convey any necessary supplies or equipment onto or over that land.
(7) Every person commits an offence against this Act, who, not being duly authorised, takes away or is found in possession of, or occupies or fails to vacate, or removes, destroys, or displaces, or moves the position of, any tent or other structure, or any services or conveniences, or any vehicle, vessel, or aircraft, or any amenity or notice erected or provided on any land pursuant to this section, or wilfully removes or injures or damages in any way any vessel, aircraft, vehicle, animal, equipment, or supplies brought onto or used on or present on any land pursuant to this section.
Compare: 1956 No 6 s 10
Section 16(2): amended, on 1 April 1987, by section 65(1) of the Conservation Act 1987 (1987 No 65).
Section 16(2)(b): amended, on 1 March 1983, pursuant to regulation 29(a) of the Pesticides (Vertebrate Pest Control) Regulations 1983 (SR 1983/16).
Section 16(3): amended, on 1 April 1987, by section 65(1) of the Conservation Act 1987 (1987 No 65).
Section 16(4): amended, on 1 April 1987, by section 65(1) of the Conservation Act 1987 (1987 No 65).
Section 16(5): amended, on 1 April 1987, by section 65(1) of the Conservation Act 1987 (1987 No 65).
