New Zealand Legislation: Acts
Acts are laws made by Parliament
(1) Every person who desires to obtain a permit to hold or take any marine mammal or to import or export any marine mammal or marine mammal product shall make application in writing to the Director-General accompanied by the prescribed fee (if any).
(2) Every application shall specify—
(a) the full name and address of the applicant, whether or not the applicant is a New Zealand citizen, and details of such qualifications and experience as the applicant considers will assist the Minister in his consideration of the application:
(b) in the case of an intended research project, a full description of the project or programme in which the marine mammal to be taken will be used, a complete list of the sponsors or co-operating institutions concerned with the project, and the names and qualifications of any scientists involved:
(c) where the marine mammal is for display or zoological purposes, details relating to the facilities where the mammal taken will be held or displayed or, if a certificate has been issued in respect of any zoological garden pursuant to regulations made under section 25 of the Animals Act 1967, details of the certificate:
(d) where a marine mammal is to be captured, the number of persons to be involved, the population or area from which it is proposed to take the mammal, and details of the proposed methods of capture and transportation.
(3) No person shall make an application under this section to import any marine mammal or marine mammal product unless a permit issued under the Animals Act 1967 in respect of such import has first been obtained.
(4) The Director-General may investigate any application, and may request the applicant to provide such further information as the Director-General thinks will assist the Minister. On completing any such investigation the Director-General shall forward the application and all supporting documents to the Minister, together with a report on the nature and extent of the investigation and any conclusions that the Director-General may have drawn as a result.
(5) The Minister shall, before he grants a permit under section 6, publish, by notice in the Gazette, details of the application for that permit and shall, in the same notice, call for submissions in respect of that application to be made to him in writing by any person within 28 days after the date of publication of the notice:
provided that nothing in this subsection applies to an application for a permit to take whalebone from dead whales.
(6) Notwithstanding subsection (5), the Minister shall not, except in the case of an application for a permit to hunt and kill any marine mammal or capture any marine mammal for display purposes, be required to publish the notice referred to in that subsection if he is satisfied that it is expedient for the notice not to be published in any case where the application relates to an emergency situation or to the taking of any marine mammal solely for the purposes of research.
(7) In considering any application for a permit, the Minister shall have regard to—
(a) the need to conserve, protect, or manage any marine mammal:
(b) any international agreement to which New Zealand is a party:
(c) any submissions received pursuant to subsection (5).
Section 5(1): amended, on 25 November 1994, by section 4(1) of the Marine Mammals Protection Amendment Act 1994 (1994 No 111).
Section 5(5) proviso: added, on 25 November 1994, by section 4(2) of the Marine Mammals Protection Amendment Act 1994 (1994 No 111).
