New Zealand Legislation: Acts

2 Interpretation

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

  Activity includes a trade, business, or occupation

  Activity: this definition was inserted, as from 1 July 1996, by section 2 National Parks Amendment Act 1996 (1996 No 4).

  Aircraft has the same meaning as in the Civil Aviation Act 1964

  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

  Authority: this definition was inserted, as from 10 April 1990, by section 109(2) Conservation Law Reform Act 1990 (1990 No 31).

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

  Board: this definition was inserted, as from 10 April 1990, by section 109(2) Conservation Law Reform Act 1990 (1990 No 31).

  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

  Certified aerodrome: this definition was inserted, as from 1 July 1996, by section 2 National Parks Amendment Act 1996 (1996 No 4).

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

  Commissioner

  [Repealed]

  Commissioner: this definition was repealed, as from 1 April 1987, by section 65(1) Conservation Act 1987 (1987 No 65).

  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

  Companion dog: this definition was inserted, as from 2 May 1996, by section 2(1) National Parks Amendment Act (No 2) 1996 (1996 No 15).

  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 of this Act; and

  • (b) Includes any activity authorised by the concession document:

  Concession or concession document: this definition was inserted, as from 1 July 1996, by section 2 National Parks Amendment Act 1996 (1996 No 4).

  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 of this Act

  Concessionaire: this definition was inserted, as from 1 July 1996, by section 2 National Parks Amendment Act 1996 (1996 No 4).

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

  Conservation area: this definition was inserted, as from 1 April 1987, by section 65(1) Conservation Act 1987 (1987 No 65).

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

  Conservation management strategy: this definition was inserted, as from 1 April 1987, by section 109(2) Conservation Law Reform Act 1990 (1990 No 31).

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

  Day: this definition was inserted, as from 2 May 1996, by section 2(1) National Parks Amendment Act (No 2) 1996 (1996 No 15).

  Department means the Department of Conservation:

  Department: this definition was amended, as from 1 April 1987, by section 65(1) Conservation Act 1987 (1987 No 65) by substituting the words “Conservation” for the words “Lands and Survey”.

  Director-General means the Director-General of Conservation:

  Director-General: this definition was amended, as from 1 April 1987, by section 65(1) Conservation Act 1987 (1987 No 65) by substituting the words “of Conservation” for the words “of Lands appointed under the Land Act 1948; and includes his deputy”.

  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 has the same meaning as in the Harbours Act 1950

  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

  Guide dog: this definition was inserted, as from 2 May 1996, by section 2(1) National Parks Amendment Act (No 2) 1996 (1996 No 15).

  Guide dog: this definition was amended, as from 30 April 2003, by section 28(1) Royal New Zealand Foundation of the Blind Act 2002 (2002 No 3(P)) by substituting the words “Royal New Zealand Foundation of the Blind” for the words “Royal New Zealand Foundation for the Blind”. See clause 2 Royal New Zealand Foundation of the Blind Act Commencement Order 2003 (SR 2003/56).

  Indigenous animal means a native animal

  Indigenous animal: this definition was inserted, as from 25 November 1994, by section 2(1) National Parks Amendment Act 1994 (1994 No 112).

  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

  Lease: this definition was inserted, as from 1 July 1996, by section 2 National Parks Amendment Act 1996 (1996 No 4).

  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) of this definition) 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) of this definition) and issued under this Act before the commencement of the said section 2;—

    and licensee has a corresponding meaning:

  Licence: this definition was inserted, as from 1 July 1996, by section 2 National Parks Amendment Act 1996 (1996 No 4).

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

  Local authority: this definition was substituted, as from 1 July 2003, by section 262 Local Government Act 2002 (2002 No 84). See sections 273 to 314 of that Act as to the savings and transitional provisions.

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

  Minister means the Minister of Conservation

  Minister: this definition was amended, as from 1 April 1987, by section 65(1) Conservation Act 1987 (1987 No 65) by substituting the word “Conservation” for the word “Lands”.

  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

  Motor vehicle: this definition was amended, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110) by substituting the words “the Land Transport Act 1998” for the words “the Transport Act 1962”.

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

  National Parks and Reserves Authority or Authority

  [Repealed]

  National Parks and Reserves Authority or Authority: this definition was repealed, as from 10 April 1990, by section 109(1) Conservation Law Reform Act 1990 (1990 No 31).

  National Parks and Reserves Board or Board

  [Repealed]

  National Parks and Reserves Board or Board: this definition was repealed, as from 10 April 1990, by section 109(1) Conservation Law Reform Act 1990 (1990 No 31).

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

  Native plants and animals: this definition was inserted, as from 25 November 1994, by section 2(2) National Parks Amendment Act 1994 (1994 No 112).

  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) of this definition; 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:

  Owner: this definition was inserted, as from 2 May 1996, by section 2(1) National Parks Amendment Act (No 2) 1996 (1996 No 15).

  Owner: this definition was amended, as from 1 January 2000, by section 194 Animal Welfare Act 1999 (1999 No 142) by substituting the words “Animal Welfare Act 1999” for the words “Animals Protection Act 1960”.

  Permit—

  • (a) Means a grant of rights to carry out an activity for a purpose referred to in section 49 of this Act 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

  Permit: this definition was inserted, as from 1 July 1996, by section 2 National Parks Amendment Act 1996 (1996 No 4).

  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:

  • (c) Any animal that is a marine mammal within the meaning of the Marine Mammals Protection Act 1978:

  Protected wildlife: this definition was inserted, as from 2 May 1996, by section 2(1) National Parks Amendment Act (No 2) 1996 (1996 No 15).

  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:

  • (e) Any animal that is a marine mammal within the meaning of the Marine Mammals Protection Act 1978:

  Protected wildlife vulnerable to dogs: this definition was inserted, as from 2 May 1996, by section 2(1) National Parks Amendment Act (No 2) 1996 (1996 No 15).

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

  • (a) Who—

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

    • (ii) Is a person deemed, by section 59(2) or section 59(9) of the Conservation Act 1987, to be a warranted officer for the purposes of that Act; and

  • (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:

  Ranger: this definition was substituted, as from 2 May 1996, by section 2(2) National Parks Amendment Act (No 2) 1996 (1996 No 15).

  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 of this Act

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

  Vehicle: this definition was amended, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110) by substituting the words “the Transport Act 1998” for the words “the Transport Act 1962”.

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

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