Trade in Endangered Species Act 1989

Reprint as at 1 October 2012

Trade in Endangered Species Act 1989

Public Act1989 No 18
Date of assent28 April 1989
Commencementsee section 1(2)
Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

This Act is administered by the Department of Conservation.

Contents

Title

1 Short Title and commencement

2 Object of Act

3 Interpretation

4 Act to bind the Crown

5 No derogation from other enactments

Administration

6 Administration of Act

7 Scientific authorities

8 Minister's general powers

Part 1
Trade in endangered, threatened, and exploited species

9 Trade in endangered, threatened, or exploited species

10 Application for permit or certificate

11 Grant of permits and certificates

12 Appeals to District Court on question of law

Authority to trade in endangered species

13 Permit to export endangered species

14 Permit to import endangered species

15 Certificate to re-export endangered species

16 Certificate to introduce from the sea endangered species

Authority to trade in threatened species

17 Permit to export threatened species

18 Permit to import threatened species

19 Certificate to re-export threatened species

20 Certificate to introduce from the sea threatened species

Authority to trade in exploited species

21 Permit to export exploited species

22 Permit to import exploited species

23 Certificate to re-export exploited species

24 Certificate to introduce from the sea exploited species

Permits and certificates

25 Effect of permits and certificates

26 Permit or certificate to be produced

27 Control of arrivals from overseas

28 Disposal and release of specimens seized from arrivals from overseas

Part 2
Exemptions

29 Certificate of acquisition

30 Endangered species as personal or household effects

31 Certificate for specimens bred in captivity or artificially propagated

32 Scientific transfer

33 Travelling circus or exhibition

34 Certificate of capture in accordance with other treaties

Part 3
Endangered Species Officers

35 Endangered Species Officers

36 Authority to act as officer

36A Power of arrest

37 Rights of entry

38 Powers of search

38A Application of Customs and Excise Act 1996

39 Seizure of endangered species traded in contravention of Act

39A Power to seize vehicles and containers

39B Director-General to retain seized vehicles and containers

39C Proceedings to be prosecuted promptly and diligently

39D Forfeiture of seized vehicles and containers

39E Power of court to order return of seized vehicle or container

39F Effect of order for release of seized vehicle or container

40 Custody of seized specimens

41 Release of seized specimens

42 Disposal of seized specimens

43 Duty of officers and employees of postal operators

Part 4
Miscellaneous provisions

43A Taking and analysis of samples of specimens

44 Trading in endangered, threatened, or exploited species without permit or certificate

45 Possession of specimens of endangered, threatened, or exploited species

46 Failure to comply with conditions of permit or certificate

47 Making false statements

48 Obstructing or hindering officer

49 General offence

50 Onus of proof in respect of certain offences

51 Forfeiture of property on conviction

52 Protection of officers and others

53 Schedules

54 Regulations

55 Consequential amendment

Schedule 1
Species endangered by trade

Schedule 2
Species threatened by trade

Schedule 3
Species exploited by trade

Search and Surveillance Act 2012

Reprint notes

An Act to further the protection and conservation of endangered species of wild fauna and flora by regulating the export and import of such species and any product derived from those species