New Zealand Legislation: Acts

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

  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)

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

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

  conservation management plan means a conservation management plan approved under section 3D

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

  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

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

  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

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

  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

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

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

  officer means a Marine Mammals Officer declared or appointed as such under section 11

  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

  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)

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

  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.

  (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.

  Section 2(1) aircraft: substituted, on 1 February 1995, by section 203 of the Maritime Transport Act 1994 (1994 No 104).

  Section 2(1) aquatic life: inserted, on 1 October 1996, by section 316(1) of the Fisheries Act 1996 (1996 No 88).

  Section 2(1) Board: inserted, on 10 April 1990, by section 106 of the Conservation Law Reform Act 1990 (1990 No 31).

  Section 2(1) Conservation Authority: inserted, on 10 April 1990, by section 106 of the Conservation Law Reform Act 1990 (1990 No 31).

  Section 2(1) conservation management plan: inserted, on 10 April 1990, by section 106 of the Conservation Law Reform Act 1990 (1990 No 31).

  Section 2(1) conservation management strategy: inserted, on 10 April 1990, by section 106 of the Conservation Law Reform Act 1990 (1990 No 31).

  Section 2(1) Director-General: substituted, on 1 April 1987, by section 65(1) of the Conservation Act 1987 (1987 No 65).

  Section 2(1) fishing: inserted, on 1 October 1996, by section 316(1) of the Fisheries Act 1996 (1996 No 88).

  Section 2(1) fishing-related mortality: inserted, on 1 October 1996, by section 316(1) of the Fisheries Act 1996 (1996 No 88).

  Section 2(1) hovercraft: substituted, on 1 February 1995, by section 203 of the Maritime Transport Act 1994 (1994 No 104).

  Section 2(1) human-induced mortality: inserted, on 1 October 1996, by section 316(1) of the Fisheries Act 1996 (1996 No 88).

  Section 2(1) Inspector of Sea Fishing: repealed, on 1 April 1987, by section 65(1) of the Conservation Act 1987 (1987 No 65).

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

  Section 2(1) New Zealand fisheries waters: amended, on 1 October 1996, by section 316(1) of the Fisheries Act 1996 (1996 No 88).

  Section 2(1) New Zealand ship: substituted, on 1 February 1995, by section 203 of the Maritime Transport Act 1994 (1994 No 104).

  Section 2(1) population management plan: inserted, on 1 October 1996, by section 316(1) of the Fisheries Act 1996 (1996 No 88).

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

  Section 2(1) threatened species: inserted, on 1 October 1996, by section 316(1) of the Fisheries Act 1996 (1996 No 88).

  Section 2(1) warranted officer: added, on 1 April 1987, by section 65(1) of the Conservation Act 1987 (1987 No 65).

  Section 2(3): added, on 1 October 1996, by section 316(1) of the Fisheries Act 1996 (1996 No 88).