Marine Mammals Protection Act 1978 No 80 (as at 03 September 2007), Public Act

Act by section

2 Interpretation
  • (1) In this Act, unless the context otherwise requires,—

    Aircraft has the same meaning as in section 2 of the Civil Aviation Act 1990

    Aircraft: this definition was substituted, as from 1 February 1995, by section 203 Maritime Transport Act 1994 (1994 No 104). See regulation 2 Maritime Transport Act Commencement Order 1994 (SR 1994/272).

    Approved means approved by the Minister

    Aquatic life means any species of plant or animal life which, at any time in the life history of the species, must inhabit water; and includes seabirds (whether or not in an aquatic environment)

    Aquatic life: this definition was inserted, as from 1 October 1996, by section 316(1) Fisheries Act 1996 (1996 No 88). See clause 2 Fisheries Act Commencement Order (No 2) 1996 (SR 1996/255).

    Board means a Conservation Board established under section 6L of the Conservation Act 1987

    Board: this definition was inserted, as from 10 April 1990, by section 106 Conservation Law Reform Act 1990 (1990 No 31).

    Conservation Authority means the New Zealand Conservation Authority established under section 6A of the Conservation Act 1987

    Conservation Authority: this definition was inserted, as from 10 April 1990, by section 106 Conservation Law Reform Act 1990 (1990 No 31).

    Conservation management plan means a conservation management plan approved under section 3D of this Act

    Conservation management plan: this definition was inserted, as from 10 April 1990, by section 106 Conservation Law Reform Act 1990 (1990 No 31).

    Conservation management strategy means a conservation management strategy approved under section 17F of the Conservation Act 1987

    Conservation management strategy: this definition was inserted, as from 10 April 1990, by section 106 Conservation Law Reform Act 1990 (1990 No 31).

    Crown-owned land means unoccupied land vested in Her Majesty and administered by a Minister of the Crown for the time being charged with the administration of the Department of State that has control of the land

    Director-General means the Director-General of Conservation

    Director-General: this definition was substituted, as from 1 April 1987, by section 65(1) Conservation Act 1987 (1987 No 65).

    Fishing

    • (a) Means the catching, taking, or harvesting of fish, aquatic life, or seaweed; and

    • (b) Includes—

      • (i) Any activity that may reasonably be expected to result in the catching, taking, or harvesting of fish, aquatic life, or seaweed; and

      • (ii) Any operation in support of or in preparation for any activities described in this definition:

    Fishing: this definition was inserted, as from 1 October 1996, by section 316(1) Fisheries Act 1996 (1996 No 88). See clause 2 Fisheries Act Commencement Order (No 2) 1996 (SR 1996/255).

    Fishing-related mortality means the accidental death or incidental death of any marine mammal in the course of fishing

    Fishing-related mortality: this definition was inserted, as from 1 October 1996, by section 316(1) Fisheries Act 1996 (1996 No 88). See clause 2 Fisheries Act Commencement Order (No 2) 1996 (SR 1996/255).

    Hovercraft means a machine designed to be supported in the atmosphere, wholly or partly by air expelled from the machine to form a cushion extending beneath the machine to the surface of any ground, water, or other portion of the earth's surface

    Hovercraft: this definition was substituted, as from 1 February 1995, by section 203 Maritime Transport Act 1994 (1994 No 104). See regulation 2 Maritime Transport Act Commencement Order 1994 (SR 1994/272).

    Human-induced mortality means the death of any marine mammal that can be attributed directly or indirectly to any human activity

    Human-induced mortality: this definition was inserted, as from 1 October 1996, by section 316(1) Fisheries Act 1996 (1996 No 88). See clause 2 Fisheries Act Commencement Order (No 2) 1996 (SR 1996/255).

    Inspector of Sea Fishing

    [Repealed]

    Inspector of Sea Fishing: this definition was repealed, as from 1 April 1987, by section 65(1) Conservation Act 1987 (1987 No 65).

    International agreement means any bilateral or multilateral treaty, convention, or agreement, to which New Zealand is a party, and any understanding concluded by the Government of New Zealand and the government of any other country

    Marine mammal includes—

    • (a) Any mammal which is morphologically adapted to, or which primarily inhabits, any marine environment; and

    • (b) All species of seal (Pinnipedia), whale, dolphin, and porpoise (Cetacea), and dugong and manatee (Sirenia); and

    • (c) The progeny of any marine mammal; and

    • (d) Any part of any marine mammal:

    Minister means the Minister of Conservation

    Minister: this definition was amended, as from 1 April 1987, by section 65(1) Conservation Act 1987 (1987 No 65) by substituting the word Conservation for the word Fisheries.

    New Zealand fisheries waters has the same meaning as in section 2(1) of the Fisheries Act 1996

    New Zealand fisheries waters: this definition was amended, as from 1 April 1987, by section 65(1) Conservation Act 1987 (1987 No 65) by substituting the words Fisheries Act 1996 for the words Fisheries Act 1908.

    New Zealand ship has the same meaning as in section 2(1) of the Maritime Transport Act 1994

    New Zealand ship: this definition was substituted, as from 1 February 1995, by section 203 Maritime Transport Act 1994 (1994 No 104). See regulation 2 Maritime Transport Act Commencement Order 1994 (SR 1994/272).

    Officer means a Marine Mammals Officer declared or appointed as such under section 11 of this Act

    Permit means a permit issued under this Act

    Place includes any building (not being a dwellinghouse), any land, and any waters

    Population management plan means a plan approved under section 3E of this Act

    Population management plan: this definition was inserted, as from 1 October 1996, by section 316(1) Fisheries Act 1996 (1996 No 88). See clause 2 Fisheries Act Commencement Order (No 2) 1996 (SR 1996/255).

    Registrar

    [Repealed]

    Registrar: this definition was repealed, as from 1 April 1987, by section 65(1) Conservation Act 1987 (1987 No 65).

    Take includes—

    • (a) To take, catch, kill, injure, attract, poison, tranquillise, herd, harass, disturb, or possess:

    • (b) To brand, tag, mark, or do any similar thing:

    • (c) To flense, render down, or separate any part from a carcass:

    • (d) To attempt to do any act specified in paragraph (a) or paragraph (b) or paragraph (c) of this definition:

    Threatened species means any marine mammal that is for the time being declared by notice under subsection (3) of this section to be a threatened species

    Threatened species: this definition was inserted, as from 1 October 1996, by section 316(1) Fisheries Act 1996 (1996 No 88). See clause 2 Fisheries Act Commencement Order (No 2) 1996 (SR 1996/255).

    Vessel means any ship, boat, steamer, lighter, launch, raft, barge, punt, or ferry boat; and includes every description of vessel, whether used in navigation or in any way kept or used as a hulk or storeship or for any other purpose.

    Warranted officer has the same meaning as in the Conservation Act 1987.

    Warranted Officer: this definition was inserted, as from 1 April 1987, by section 65(1) Conservation Act 1987 (1987 No 65).

    (2) For the purposes of this Act, a marine mammal shall be in the possession of any person when that person has, alone or jointly with any other person, possession of or control over the marine mammal, or possession of or control over any vessel, vehicle, aircraft, hovercraft, container, package, receptacle, or place in or on which the marine mammal is kept.

    (3) The Minister, after having regard to any relevant international standards and any relevant standards within New Zealand, may from time to time, by notice in the Gazette, declare any species of marine mammal to be a threatened species for the purposes of this Act.

    Subsection (3) was inserted, as from 1 October 1996, by section 316(1) Fisheries Act 1996 (1996 No 88). See clause 2 Fisheries Act Commencement Order (No 2) 1996 (SR 1996/255).