National Parks Act 1980 No 66 (as at 01 May 2011), Public Act

Act by section

2 Interpretation
  • In this Act, unless the context otherwise requires,—

    activity includes a trade, business, or occupation

    aircraft has the same meaning as in the Civil Aviation Act 1990

    animal means any mammal, bird, reptile, amphibian, fish (including shellfish) or related organism, insect, crustacean, or organism of every kind; but does not include a human being

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

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

    boat means every description of vessel (including barges, rafts, lighters, and like vessels) however propelled; and includes a hovercraft

    certified aerodrome means an aerodrome licensed under the Civil Aviation Regulations 1953 or certificated under rules made under the Civil Aviation Act 1990

    Chief Surveyor, means the Chief Surveyor for each land district in which the park or any part of the park is situated

    companion dog means a dog certified by the Top Dog Companion Trust as being a companion dog or a dog under training as a companion dog

    concession or concession document

    • (a) means—

      • (i) a lease; or

      • (ii) a licence; or

      • (iii) a permit; or

      • (iv) an easement—

      granted under section 49; and

    • (b) includes any activity authorised by the concession document

    concessionaire means a person who is—

    • (a) a lessee; or

    • (b) a licensee; or

    • (c) a permit holder; or

    • (d) the grantee of an easement—

    under section 49

    conservation area has the same meaning as in the Conservation Act 1987

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

    day means a period of 24 hours beginning at midnight and ending with the following midnight

    Department means the Department of Conservation

    Director-General means the Director-General of Conservation

    firearm means any gun, rifle, or airgun; and includes any kind of weapon or device from which any shot, bullet, arrow, spear, stone, other missile, or noxious or poisonous substance can be discharged in the air or water; and also includes any part of a firearm and any firearm that is dismantled or otherwise inoperative

    foreshore means any land covered and uncovered by the flow and ebb of the tide at mean spring tides

    guide dog means a dog certified by the Royal New Zealand Foundation of the Blind as being a guide dog or a dog under training as a guide dog

    indigenous animal means a native animal

    land district means a land district constituted under section 22 of the Land Act 1948

    lease

    • (a) means—

      • (i) a grant of an interest in land that—

        • (A) gives exclusive possession of the land; and

        • (B) makes provision for any activity on the land that the lessee is permitted to carry out:

      • (ii) any document purporting to be a lease (whether or not the document gives the lessee exclusive possession of the land concerned) and issued under any enactment passed before the commencement of section 2 of the National Parks Amendment Act 1996:

      • (iii) any document purporting to be a lease (whether or not the document gives the lessee exclusive possession of the land concerned) and issued under this Act before the commencement of the said section 2; but

    • (b) does not include a licence referred to in paragraph (b)(ii) of the definition of the term licence;—

    and lessee has a corresponding meaning

    licence

    • (a) means—

      • (i) a profit à prendre or any other grant that gives a non-exclusive interest in land; or

      • (ii) a grant that makes provision for any activity on the land that the licensee is permitted to carry out; and

    • (b) includes—

      • (i) any document purporting to be a licence (whether or not the licence gives an interest, or makes any provision, referred to in paragraph (a)) and issued under any enactment relating to national parks that was passed before the commencement of section 2 of the National Parks Amendment Act 1996; and

      • (ii) any document purporting to be a licence and purporting to grant an exclusive interest in land, and issued under this Act before the date of commencement of the said section 2 or issued under any other enactment relating to national parks that was passed before that date; and

      • (iii) any document purporting to be a licence (whether or not the licence gives an interest, or makes any provision, referred to in paragraph (a)) and issued under this Act before the commencement of the said section 2;—

    and licensee has a corresponding meaning

    local authority means a local authority within the meaning of the Local Government Act 2002

    management plan, in relation to any park, means a management plan prepared and approved for that park in accordance with sections 45 to 48

    Minister means the Minister of Conservation

    motor vehicle has the same meaning as in the Land Transport Act 1998; and includes any motor vehicle from which the wheels have been removed

    national park or park means a national park constituted under this Act

    native plants and animals means flora and fauna that are indigenous to New Zealand

    owner, in relation to any dog, means every person who—

    • (a) owns the dog; or

    • (b) has the dog in his or her possession, whether the dog is at large or in confinement, otherwise than for the purpose of preventing the dog causing injury, damage, or distress, or for the sole purpose of restoring a lost dog to its owner; or

    • (c) the parent or guardian of a person under the age of 16 years who—

      • (i) is the owner or the dog pursuant to paragraph (a) or paragraph (b); and

      • (ii) is a member of the parent or guardian's household living with and dependent on the parent or guardian;—

    but does not include any person who has seized or taken custody of the dog under this Act or the Conservation Act 1987 or the Animal Welfare Act 1999 or the Dog Control Act 1996 or any order made under the Dog Control Act 1996 or the Animal Welfare Act 1999

    permit

    • (a) means a grant of rights to carry out an activity for a purpose referred to in section 49 that does not require an interest in land; and

    • (b) includes any authorisation or licence granted before the commencement of this definition that granted similar rights;—

    and permit holder has a corresponding meaning

    plant means any angiosperm, gymnosperm, fern or fern ally; and includes any moss, liverwort, alga, fungus, or related organism

    private land means any land that is for the time being held in fee simple by any person other than Her Majesty; and includes any Maori land within the meaning of the Maori Affairs Act 1953

    protected wildlife means—

    • (a) any animal for the time being absolutely protected pursuant to section 3 of the Wildlife Act 1953:

    • (b) any animal for the time being partially protected pursuant to section 5 of the Wildlife Act 1953, other than an animal in such circumstances that it may be hunted or killed under the authority of subsection (2) of that section:

    protected wildlife vulnerable to dogs means—

    • (a) any flightless protected wildlife:

    • (b) any limited-flight protected wildlife:

    • (c) any protected wildlife that nests (including moulting or breeding) or roosts, upon or in close proximity to the ground:

    • (d) any protected wildlife that feeds upon or in close proximity to the ground:

    ranger means any ranger referred to in section 40; and, for the purposes of Part 5A, includes a person—

    • (a) who—

      • (i) is a warranted officer appointed under section 59 of the Conservation Act 1987; or

    • (b) is acting on or in respect of any matter or thing arising, situated, or formerly situated, in the district, area, or areas for which the person is appointed or is deemed to be a warranted officer

    reserve has the same meaning as in the Reserves Act 1977

    specially protected area means any part of a national park set apart as a specially protected area under section 12

    vehicle has the same meaning as in the Land Transport Act 1998; and includes any vehicle from which the wheels have been removed

    wilderness area means any part of a national park set apart as a wilderness area under section 14.

    Compare: 1952 No 54 s 2; 1974 No 69 s 2

    Section 2 activity: inserted, on 1 July 1996, by section 2 of the National Parks Amendment Act 1996 (1996 No 4).

    Section 2 aircraft: amended, on 1 September 1990, pursuant to section 101(1) of the Civil Aviation Act 1990 (1990 No 98).

    Section 2 Authority: inserted, on 10 April 1990, by section 109(2) of the Conservation Law Reform Act 1990 (1990 No 31).

    Section 2 Board: inserted, on 10 April 1990, by section 109(2) of the Conservation Law Reform Act 1990 (1990 No 31).

    Section 2 certified aerodrome: inserted, on 1 July 1996, by section 2 of the National Parks Amendment Act 1996 (1996 No 4).

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

    Section 2 companion dog: inserted, on 2 May 1996, by section 2(1) of the National Parks Amendment Act (No 2) 1996 (1996 No 15).

    Section 2 concession or concession document: inserted, on 1 July 1996, by section 2 of the National Parks Amendment Act 1996 (1996 No 4).

    Section 2 concessionaire: inserted, on 1 July 1996, by section 2 of the National Parks Amendment Act 1996 (1996 No 4).

    Section 2 conservation area: inserted, on 1 April 1987, by section 65(1) of the Conservation Act 1987 (1987 No 65).

    Section 2 conservation management strategy: inserted, on 1 April 1990, by section 109(2) of the Conservation Law Reform Act 1990 (1990 No 31).

    Section 2 day: inserted, on 2 May 1996, by section 2(1) of the National Parks Amendment Act (No 2) 1996 (1996 No 15).

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

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

    Section 2 foreshore: replaced, on 7 July 2010, by section 4 of the National Parks Amendment Act 2010 (2010 No 73).

    Section 2 guide dog: inserted, on 2 May 1996, by section 2(1) of the National Parks Amendment Act (No 2) 1996 (1996 No 15).

    Section 2 guide dog: amended, on 30 April 2003, by section 28(1) of the Royal New Zealand Foundation of the Blind Act 2002 (2002 No 3 (P)).

    Section 2 indigenous animal: inserted, on 25 November 1994, by section 2(1) of the National Parks Amendment Act 1994 (1994 No 112).

    Section 2 lease: inserted, on 1 July 1996, by section 2 of the National Parks Amendment Act 1996 (1996 No 4).

    Section 2 licence: inserted, on 1 July 1996, by section 2 of the National Parks Amendment Act 1996 (1996 No 4).

    Section 2 local authority: replaced, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

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

    Section 2 motor vehicle: amended, on 1 March 1999, by section 215(1) of the Land Transport Act 1998 (1998 No 110).

    Section 2 National Parks and Reserves Authority or Authority: repealed, on 10 April 1990, by section 109(1)(a) of the Conservation Law Reform Act 1990 (1990 No 31).

    Section 2 National parks and reserves board or board: repealed, on 10 April 1990, by section 109(1)(b) of the Conservation Law Reform Act 1990 (1990 No 31).

    Section 2 native plants and animals: inserted, on 25 November 1994, by section 2(2) of the National Parks Amendment Act 1994 (1994 No 112).

    Section 2 owner: inserted, on 2 May 1996, by section 2(1) of the National Parks Amendment Act (No 2) 1996 (1996 No 15).

    Section 2 owner: amended, on 1 January 2000, by section 194 of the Animal Welfare Act 1999 (1999 No 142).

    Section 2 permit: inserted, on 1 July 1996, by section 2 of the National Parks Amendment Act 1996 (1996 No 4).

    Section 2 protected wildlife: replaced, on 2 May 1996, by section 2(1) of the National Parks Amendment Act (No 2) 1996 (1996 No 15).

    Section 2 protected wildlife vulnerable to dogs: inserted, on 2 May 1996, by section 2(1) of the National Parks Amendment Act (No 2) 1996 (1996 No 15).

    Section 2 ranger: replaced, on 2 May 1996, by section 2(2) of the National Parks Amendment Act (No 2) 1996 (1996 No 15).

    Section 2 vehicle: amended, on 1 March 1999, by section 215(1) of the Land Transport Act 1998 (1998 No 110).