New Zealand Legislation: Acts

4 Restrictions on taking marine mammals

• (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) of this section; 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) of this Act and to any regulations made under section 28 of this Act, 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) of this section 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  (4) [Repealed]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.

  Subsection (1) was substituted, as from 25 May 1995, by section 3(1) Marine Mammals Protection Act 1994 (1994 No 111).

  Subsection (1A) was inserted, as from 25 November 1994, by section 3(1) Marine Mammals Protection Act 1994 (1994 No 111).

  Subsection (3) was amended, as from 1 October 1996, by section 289(1) Customs and Excise Act 1996 (1996 No 27) by substituting the words “section 54 or section 56 of the Customs and Excise Act 1996” for the words “section 48 or section 70 of the Customs Act 1966.”

  Subsection 4 was repealed, as from 1 April 1987, by section 65(1) Conservation Act 1987 (1987 No 65).

  Subsection (5)(a) was amended, as from 1 April 1987, by section 65(1) Conservation Act 1987 (1987 No 65) by substituting the words “the Director-General or an officer” for the words “a Register or Inspector of Sea Fishing”.

  Subsection 5(b) was amended, as from 1 April 1987, by section 65(1) Conservation Act 1987 (1987 No 65) by substituting the word “officer” and the words “Department of Conservation” for the words “Inspector of Sea Fishing” and the words “Ministry of Agriculture and Fisheries”, respectively.