New Zealand Legislation: Acts
Acts are laws made by Parliament
(1) Every warranted officer, and every Fisheries Officer appointed under section 76 of the Fisheries Act 1983, and every constable, shall be a Marine Mammals Officer for the purposes of this Act.
(2) For the purposes of this Act, the Director-General may from time to time appoint any person to be a Marine Mammals Officer on such terms and conditions as may be approved. If any person appointed as an Officer is a full-time officer or employee of the State services he shall not be entitled to any additional remuneration in respect of his appointment under this subsection.
(3) Every person appointed under subsection (2) of this section shall be appointed for such term, not exceeding 3 years, as the Director-General thinks fit, and may be reappointed.
(4) Any person appointed under subsection (2) of this section may at any time be removed from office by the Director-General for incapacity, neglect of duty, or misconduct, or may at any time resign his office by writing addressed to the Director-General.
(5) Any person appointed under subsection (2) of this section shall, on the expiration of the term of his appointment, or on the sooner expiry of his appointment by removal from office or resignation, surrender to the Director-General his warrant of appointment.
(6) No person appointed under subsection (2) of this section shall, by virtue of that appointment, be deemed to be employed in the service of Her Majesty for the purposes of the State Sector Act 1988 or the Government Superannuation Fund Act 1956.
(7) Every person declared to be an Officer under subsection (1) of this section shall have and may exercise, in respect of supervising, administering, and enforcing the provisions of this Act, all the powers that an warranted officer has in relation to supervising, administering, and enforcing the provisions of the Conservation Act 1987.
(8) Every Officer appointed under subsection (2) of this section shall have such duties and may exercise such powers in relation to marine mammals as the Director-General may direct, being powers of no greater extent than those exercised by a warranted officer.
(9) The Director-General shall issue to every Officer (except a constable) a warrant showing the Officer's authority to exercise any powers conferred on him pursuant to this section.
(10) The production by any Officer of any warrant issued under this section or section 59 of the Conservation Act 1987 or section 76 of the Fisheries Act 1983 or of any evidence that the Officer is a constable shall, until the contrary is proved, be sufficient authority for any such Officer to do anything authorised by subsection (7) or subsection (8) of this section.
Subsection (1) was amended, as from 1 April 1987, by section 65(1) Conservation Act 1987 (1987 No 65) by substituting the words “Every warranted officer, and every Fisheries Officer appointed under section 76 of the Fisheries Act 1983”
for the words “Every Inspector of Sea Fishing”
.
The reference to the State Services Act 1962 in subsection 6 was repealed, as from 1 April 1988, by section 88(1) State Sector Act 1988 (1988 No 20).
Subsection (7) was amended, as from 1 April 1987, by section 65(1) Conservation Act 1987 (1987 No 65) by substituting the words “warranted officer has in relation to supervising, administering, and enforcing the provisions of the Conservation Act 1987”
for the words “Inspector of Sea Fishing has in relation to supervising, administering, and enforcing the provisions of Part 1 and Part 3 of the Fisheries Act 1908”
.
Subsection (8) was amended, as from 1 April 1987, by section 65(1) Conservation Act 1987 (1987 No 65) by substituting the words “warranted officer”
for the words “fishery officer pursuant to the Fisheries Act 1908”
.
Subsection (10) was amended, as from 1 April 1987, by section 65(1) Conservation Act 1987 (1987 No 65) by substituting the words “or section 59 of the Conservation Act 1987 or section 76 of the Fisheries Act 1983”
for the words “or section 4 of the Fisheries Act 1908”
.