New Zealand Legislation: Acts
Acts are laws made by Parliament
(1) Notwithstanding anything in any other enactment, but subject to this Act, no person shall—
(a) hold a marine mammal in captivity; or
(b) take any marine mammal, whether alive or dead, in or from its natural habitat or in or from any other place—
without first obtaining a permit to do so from the Minister or from any person or persons authorised in that behalf by the Minister.
(1A) The Minister may from time to time, by notice in the Gazette, prescribe criteria and standards in respect of any kind of permit referred to in subsection (1); and the prescribed criteria and standards shall be deemed to form part of permits of that kind and shall be complied with accordingly.
(2) Subject to section 5(3) and to any regulations made under section 28, no person shall import into New Zealand or export from New Zealand any marine mammal or marine mammal product except pursuant to a permit issued under this Act.
(3) Nothing in subsection (2) shall apply with respect to any whale product the subject of an order made under section 54 or section 56 of the Customs and Excise Act 1996.
(4) [Repealed]
(5) A permit shall not be required—
(a) by any person who finds or collects bones, teeth, ivory, or ambergris that have already separated naturally from a marine mammal if that person, as soon as practicable, notifies the Director-General or an officer of the find, and gives details of the time, place, and circumstances under which the find was made:
(b) by any person who finds any dead marine mammal or part of one and, if authorised to do so by an officer and acting pursuant to his directions, sends the mammal or part to the Department of Conservation or to any approved research establishment, laboratory, or public museum:
(c) by any person taking from or bringing into New Zealand any marine mammal product, being an ornament or an item for personal use or adornment made wholly or principally from any part or parts of a marine mammal, if the marine mammal product accompanies that person from or into New Zealand or comprises part of that person's belongings and was in existence in a similar form as at the commencement of this Act.
Section 4 heading: substituted, on 25 November 1994, by section 3 of the Marine Mammals Protection Act Amendment 1994 (1994 No 111).
Section 4(1): substituted, on 25 May 1995, by section 3(1) of the Marine Mammals Protection Amendment Act 1994 (1994 No 111).
Section 4(1A): inserted, on 25 November 1994, by section 3(1) of the Marine Mammals Protection Act Amendment 1994 (1994 No 111).
Section 4(3): amended, on 1 October 1996, by section 289(1) of the Customs and Excise Act 1996 (1996 No 27).
Section 4(4): repealed, on 1 April 1987, by section 65(1) of the Conservation Act 1987 (1987 No 65).
Section 4(5)(a): amended, on 1 April 1987, pursuant to section 65(1) of the Conservation Act 1987 (1987 No 65).
Section 4(5)(b): amended, on 1 April 1987, pursuant to section 65(1) of the Conservation Act 1987 (1987 No 65).
