Noxious Animals in Captivity Regulations 1969

  • revoked
  • Noxious Animals in Captivity Regulations 1969: revoked, on 6 November 2008, by clause 3 of the Regulations Revocation Order 2008 (SR 2008/367).

Reprint
as at 6 November 2008

Noxious Animals in Captivity Regulations 1969

(SR 1969/73)

  • Noxious Animals in Captivity Regulations 1969: revoked, on 6 November 2008, by clause 3 of the Regulations Revocation Order 2008 (SR 2008/367).


Note

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

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

These regulations are administered in the New Zealand Forest Service.


PURSUANT to the Noxious Animals Act 1956, His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, hereby makes the following regulations.

1 Title and commencement
  • (1) These regulations may be cited as the Noxious Animals in Captivity Regulations 1969.

    (2) These regulations shall come into force on the day after the date of their notification in the Gazette.

2 Interpretation
  • (1) Subject to the provisions of subclause (2) of this regulation and unless the context otherwise requires, in these regulations words and expressions defined in the Noxious Animals Act 1956 shall have the meaning so defined.

    (2) In these regulations, unless the context otherwise requires,—

    Cage and crate include any type of constraining device built to contain permanently, or to transport, any specified noxious animal while it is kept in captivity; and corresponding words have corresponding meanings

    Commercial trapper means the holder of a permit to capture issued in Form A in Schedule 1 to these regulations and endorsed Commercial

    Conservator means,—

    • (a) In relation to every specified noxious animal captured or kept in captivity, the Conservator of Forests for the conservancy in which the animal was captured or in which it is kept in captivity:

    • (b) In relation to any specified noxious animal which is to be exported, the Conservator of Forests for the conservancy in which is situated the port or other place from which the noxious animal is to be exported:

    Director-General means the Director-General of Forests

    Enclosure includes any fenced area of land and any premises or cage used to contain any specified noxious animal that is kept in captivity

    Exporter, in relation to any specified noxious animal which it is intended to export, includes the owner, or consignor, or the agent for the owner or consignor, of the animal

    Forest Officer means a Forest Officer within the meaning of the Forests Act 1949

    Gun includes any bow, firearm, or device which propels any syringe, dart, arrow, bullet, or like projectile; and also includes all devices which are used to stun, immobilise, or tranquillise animals

    Licensed land means the total area and premises specified in a permit as being available to any specified noxious animal kept in captivity pursuant to a permit under these regulations or used to facilitate management of the animal while it is so kept in captivity

    Owner, in relation to any specified noxious animal, means the person who under permit captures, keeps, buys, or receives from another owner in exchange or as gift or gratuity, the animal, whether or not the animal is kept by him in captivity, exported, liberated, or allowed to go at large or should escape and go at large

    Sale includes barter and exchange for consideration; and also includes offering or attempting to sell, or receiving for sale, or having in possession for sale, or exposing for sale, or sending or delivering for sale, or causing or allowing to be sold, offered, or exposed for sale; and sell has a corresponding meaning

    Specified noxious animal means any deer, wapiti, thar, chamois, opossum, or wallaby

    Vehicle includes any means of transport by air, sea, or land

    Welfare in respect to any specified noxious animal kept in captivity, includes freedom from disease, ill health, poor physical condition, distress, and untreated wounds, and the provision of shelter, food, water, and adequate freedom to exercise

    Zoological garden class A and zoological garden class B have the meanings defined in the Animals Act 1967.

3 Capture of specified noxious animals
  • (1) No person shall capture or attempt to capture any specified noxious animal unless he holds and is named in a permit to capture in Form A set out in Schedule 1 hereto.

    (2) A permit to capture (other than a permit endorsed Commercial) shall be issued only to and shall be valid only in favour of the person intended actually and physically to make the proposed capture of a specified noxious animal.

    (3) No person shall use any steel trap, wire snare, deadfall, or other capture device which may wound any specified noxious animal captured to be kept alive, or which in any respect may not comply with the Animals Protection Act 1960.

    (4) Any person who captures, or finds and keeps, any motherless young specified noxious animal or any injured specified noxious animal may keep it in captivity, subject to his notifying the Conservator at the first opportunity that he is in possession of the animal, and thereupon either surrendering it to the Conservator or making application for and obtaining, a permit to keep it in captivity.

    (5) Every person who wishes to obtain a permit as a commercial trapper authorising him, or him and his named employees, agents, and representatives, to capture specified noxious animals for sale or reward shall pay an additional fee in accordance with regulation 13 of these regulations, whereupon (if approved) the permit to capture shall be endorsed Commercial.

    (6) Every commercial trapper shall submit monthly statements of captures, sales, and deaths of specified noxious animals to the Director-General in Form 1 set out in Schedule 2 hereto.

    (7) No person shall capture and sell, deliver, or otherwise dispose of a living specified noxious animal to any person or allow any living specified noxious animal to be taken from his possession, unless he is a commercial trapper, and unless the recipient holds a valid permit under these regulations to keep in captivity, or to convey, the specified noxious animal, as the case may require.

    (8) No permit to capture specified noxious animals shall be issued or allowed to continue in respect of any area where any local authority acting under Part 2 of the Noxious Animals Act 1956 or any Pest Destruction Board under the Agricultural Pests Act 1967 is conducting or has planned to conduct operations without the prior written authority of such local authority or Board.

    (9) No commercial trapper shall, without a permit to convey and a permit to capture, convey any living captured specified noxious animal to any area outside the feral range of the species.

    (10) Every employee, agent, or representative of a commercial trapper shall, while acting as such, observe the conditions laid down in the permit issued to the trapper.

    (11) No person shall use any immobilising substance or a gun to immobilise and capture any specified noxious animal, unless the permit to capture contains a condition authorising him so to do.

    (12) No person shall, while actually hunting, use any aircraft to pursue and capture any specified noxious animal unless the permit to capture contains a condition authorising him so to do.

4 Conveyance of specified noxious animals
  • (1) No person shall convey a living specified noxious animal from the place of capture, or from an enclosure or cage to another enclosure or cage, or for export, unless he is the owner or purchaser or exporter of the specified noxious animal or his authorised representative, agent, or employee and holds and is named in a permit to convey in the Form B set out in Schedule 1 hereto:

    Provided that nothing in this subclause shall restrict the provisions of the Transport Act 1962.

    (2) Every permit to convey shall specify the type and mode of transport to be used and the route to be followed, and shall lay down such constructional details of cages as may be required in addition to those under subclause (3) of this regulation and all other conditions of the issue of the permit.

    (3) No living specified noxious animal shall be conveyed from one enclosure to another or exported, unless securely caged or crated in a structure made to the following specifications and convened under the following conditions:

    • (a) No materials liable to weaken structurally under conditions of normal handling, and storage or packing during transit or by reason of wetting shall be used as part of the structure:

    • (b) The structure shall be locked, nailed, or screwed shut, and shall not be opened during transit within New Zealand from one enclosure to another except under veterinary supervision or upon demand by a Forest Officer or officer of the Department of Agriculture:

    • (c) The structure shall provide sufficient space for the animal to move freely without allowing such freedom of movement as may allow the animal to injure itself in any attempts to escape:

    • (d) Where the animal is conveyed alive by any vehicle within New Zealand or exported by air there shall be provided within the structure sufficient food to sustain the animal in a healthy state during transit, and the structure shall be free of interior obstruction upon which the animal could injure itself or become caught or entangled:

    • (e) The structure shall be so constructed that there is no possibility of its ventilation being seriously impaired by such placing of other freight on or around the structure as would leave only one end, top, or side of the structure open to normal air circulation:

    • (f) Where the animal is conveyed alive within New Zealand the structure shall be secured to the vehicle or completely enclosed within a compartment of the vehicle:

    • (g) The structure shall have a notice fastened or painted or otherwise legibly marked on the uppermost surface, or (if this is not appropriate) on the most appropriate surface, stating its contents, the name and address of the consignor and consignee, and the destination, and that the structure is to be kept upright and is not to be opened by unauthorised persons.

    (4) Nothing in subclause (3) of this regulation shall restrict the authority of a Forest Officer to inspect by opening if necessary any structure wherein he knows or suspects that a specified noxious animal is being conveyed from one place to another.

5 General conditions regarding holding of specified noxious animals
  • (1) No person, not being the holder of a permit to capture or convey, shall keep in captivity any specified noxious animal, except:

    • (a) Pursuant to a permit in his name in Form C or Form D set out in Schedule 1 hereto; or

    • (b) Pursuant to subclause (4) of regulation 3 of these regulations.

    (2) Every person who at any time keeps without an appropriate permit, or who intends to keep, one or more specified noxious animals in captivity shall forthwith advise the Director-General in writing of the number, species, and sex of the animals kept or to be kept and an adequate description of the land on which they are to be kept or are already kept.

    (3) Every enclosure erected or maintained by a commercial trapper for the keeping of living captured specified noxious animals shall be sited on licensed land within the feral range of the species captured.

    (4) No permit to hold a noxious animal in captivity shall be issued except to the person having immediate control over the enclosure in which the animal is to be kept.

    (5) In any case where the last mentioned person is the employee, or agent, or representative of the owner of the enclosure, the owner shall at all times be required to ensure compliance with the conditions of the permit as though the permit had been issued in the name of the owner.

    (6) No permit to keep a living specified noxious animal of any species in an area outside its feral range shall be issued, unless:

    • (a) The animal is certified by a registered veterinary surgeon as being incapable of breeding; or

    • (b) The animal was kept in captivity under permit before the 24th day of November 1967, in which case, pursuant to a permit to hold under and subject to these regulations, the animal may be kept in captivity by its owner at that date or the husband or wife or a child of its owner at that date, for the term of its natural life; or

    • (c) The animal is held by permit under regulation 7 or regulation 10 of these regulations, in a zoological garden class A or a zoological garden class B or in some other place for public entertainment or exhibition, or in a research establishment approved by the Director-General; or

    • (d) The animal is held pending export by permit under regulation 8 of these regulations.

    (7) No noxious animal shall be removed from the licensed land or sold or otherwise transferred to any other authorised owner of noxious animals or other person unless the recipient holds the appropriate permit under these regulations or other prior written authority of the Director-General.

    (8) Specifications for enclosures for the keeping of specified noxious animals shall be laid down by the Conservator, and any permit issued shall be subject to the owners carrying out any repairs, alterations, additions, or modifications to the enclosure that the Conservator may from time to time decide as being necessary.

    (9) Every holder of a permit under this regulation shall ensure that every enclosure used pursuant to the permit is maintained in a good state of repair, and that the animal or animals permitted to be held do not escape from the enclosure.

    (10) Every person who, pursuant to a permit under this regulation, keeps a specified noxious animal which he knows or suspects to be diseased or injured shall arrange an immediate inspection of the animal by a registered veterinary surgeon and shall follow his advice.

    (11) Where any specified noxious animal that is being kept in captivity is sold or escapes or dies or is stolen or is lost by any other means, the owner of the animal shall notify that fact, or cause that fact to be notified, to the Conservator as soon as practicable after it becomes known to the owner or to any person who is his employee or agent or representative.

    (12) No permit to keep a specified noxious animal in captivity shall be issued where in the opinion of the Director-General the proposed enclosure in which the animal is to be kept, or the animal itself, would obstruct an access route to which the public is entitled as of right to recreational lands or in any manner create a local or public annoyance or nuisance.

    (13) Where specified noxious animals are kept in captivity under any of the provisions of regulations 7, 8, 9, and 10 of these regulations, the holder of the permit shall maintain a written register of all such animals received, or that die, or are disposed of, which register shall be kept up to date and open to inspection by a Forest Officer at any time.

    (14) Where any specified noxious animal dies or is killed while held in captivity, the holder of the permit in respect of the animal shall, unless he has the prior written authority of a Forest Officer to do otherwise, ensure that the entire hide or a strip of skin from across the scalp to which are attached both ears shall be retained in a dried and vermin free condition for not less than three months for surrender to a Forest Officer as proof of the death of the animal or animals.

    (15) This regulation shall apply to all permits issued under any of the provisions of regulations 6, 7, 8, 9, and 10 hereof.

6 Keeping of specified noxious animals as pets
  • (1) In any case where a specified noxious animal is kept in captivity as a household pet, the owner shall take all practicable steps to ensure that it is not permitted to breed.

    (2) All permits to hold specified noxious animals as household pets shall be issued in Form C set out in Schedule 1 hereto.

7 Keeping of specified noxious animals for research
  • (1) Appropriate permits to keep specified noxious animals in captivity for purposes of study may be issued to research organisations which are recognised as such by the Director-General and employ full time professional staff.

    (2) The Director-General may at his discretion issue permits to keep specified noxious animals in captivity for purposes of study in other cases where the specified noxious animals are kept within the known feral range of the species.

8 Keeping of specified noxious animals for export
  • (1) Except as provided for in subclause (6) of regulation 11 hereof, no person shall keep any specified noxious animal prior to its export whether in an approved enclosure or in overnight accommodation in a cage, except under a permit to hold and to export specified noxious animals in the Form D set out in Schedule 1 hereto.

    (2) Every exporter of specified noxious animals shall submit a monthly statement of animals received, died, exported, and in hand, in the Form No. 2 as set out in Schedule 2 hereto.

    (3) No exporter shall increase the number of specified noxious animals kept in any enclosure above that specified in his permit as the maximum number that may be kept in the enclosure.

    (4) No exporter shall keep any species of specified noxious animals other than a species specified on his permit to keep and export.

    (5) No exporter shall obtain any specified noxious animal otherwise than from or as the holder of a permit to capture, hold, or breed specified noxious animals issued under these regulations.

    (6) No exporter shall hold any diseased or injured specified noxious animal except with the approval of an Inspector under the Animals Act 1967 who is a registered veterinary surgeon.

9 Holding of specified noxious animals for breeding in captivity
  • (1) The Director-General may, on being satisfied that the animals will at all times be under adequate supervision, issue permits in Form C as set out in Schedule 1 hereto for the following purposes:

    • (a) To breed specified noxious animals in captivity for research studies:

    • (b) To breed specified noxious animals to supply to any person or organisation permitted to hold specified noxious animals in captivity:

    • (c) To breed specified noxious animals to supply carcasses, skins, or other by-products of any species of specified noxious animal for processing and export or for sale or home consumption within New Zealand:

    • (d) To breed specified noxious animals in a zoological garden class A or a zoological garden class B or in any place where specified noxious animals are kept in captivity for public entertainment or exhibition under a permit issued under regulation 10 hereof.

    (2) Holders of permits issued under this regulation shall provide the Director-General with an annual return of animals showing the information listed in Form 3 of Schedule 2 hereto.

    (3) Holders of permits issued under this regulation may under further prior written authority from the Director-General allow surplus noxious animals to be hunted and killed for fee or gratuity.

10 Keeping of specified noxious animals for public display
  • (1) Where specified noxious animals are to be kept in captivity for public entertainment or exhibition, the application for a permit shall be forwarded to the Director-General of Agriculture, who may,—

    • (a) If the Director-General of Forests concurs, require the land or premises where the animals are to be kept to be registered as a zoological garden class B; or

    • (b) Waive all requirements for the registration of the land and premises as a zoological garden, subject to the applicant being issued with an appropriate permit by the Director-General of Forests to keep the animals in captivity for public entertainment or exhibition.

    (2) All permits to hold specified noxious animals for public entertainment or exhibition shall be issued in Form C set out in Schedule 1 hereto.

    (3) Where in the opinion of the Director-General of Forests specified noxious animals are to be kept in captivity for public exhibition of entertainment under a permit to be issued by him and the animals are not at all times under adequate supervision, he shall make it a condition of the permit that the person to whom the permit is granted shall take all practicable steps to ensure that the animals are not permitted to breed.

11 Inspection of land or enclosure before issue of permit
  • (1) Inspection of the land or enclosure to be used to hold specified noxious animals shall be made by a Forest Officer before any permit is issued.

    (2) Any Forest Officer may inspect any land or enclosure for the purpose of reporting on its suitability as a holding place for specified noxious animals.

    (3) Except where subclause (4) or subclause (5) of this regulation applies, where the land or enclosure proposed to be used does not provide sufficient space, shelter, natural foods, or water, or is otherwise thought unsuitable to hold specified noxious animals, the Director-General shall refuse to issue or to concur in the issue of a permit.

    (4) Where such necessities as will keep the specified noxious animals in a good state of health can be artificially provided on the land or enclosure proposed to be used, the Director-General shall not be precluded from issuing or concurring in the issue of a permit.

    (5) Where artificial feeding of the animals, including the artificial supply of water, is intended, no permit shall be issued or concurred in unless the applicant satisfies the Director-General that the applicant can and will comply with all requirements of this regulation.

    (6) Where temporary enclosures for keeping specified noxious animals are erected or where cages containing specified noxious animals are to be temporarily kept on any land pending transport overseas, the enclosure or land shall not be used for keeping any such animal or cage until it is approved by the Director-General, who may approve any such use.

12 Enclosure and fencing specifications
  • (1) No specified noxious animal shall be kept in captivity, except at the place of capture or during conveyance, unless the fencing specifications and general conditions set out in this regulation are complied with.

    (2) In the case of specified noxious animals kept in captivity in a private enclosure, or as pets, or where several specified noxious animals are held for research, or for a zoological garden class B (not being a travelling circus or show), or for public exhibition or entertainment, or for breeding or farming, all fences shall be soundly constructed in a workmanlike manner to the general specifications listed in Schedule 3 hereto.

    (3) An enclosure situated outside the feral range of the species to be kept therein and used for the keeping of specified noxious animals prior to export or regular conveyance to other locations shall have internal driveway fenced to the same specifications as the outside fence. This driveway shall be entered by a gate which when closed behind the vehicle delivering or accepting specified noxious animals shall constitute an interior enclosure to which animals in the main enclosure have no access except through an internal gateway opening into the main enclosure.

    (4) All gates of any enclosure used for keeping specified noxious animals, being gates located on the outer fence of the enclosure, shall be covered in wire mesh or a solid material which provides no less structural strength or maximum openings when closed than is approved for the outer fence of the enclosure.

    (5) All internal gates of enclosures used for the purpose of keeping specified noxious animals prior to export shall be fitted with spring attachments which force the gate closed and automatic locking devices which engage on contact and can be operated from either side of the gateway.

    (6) Every access gate in the outer fence of any enclosure used for keeping specified noxious animals shall be fitted with a strong locking device which can be operated from either side, and which can be locked to prevent unauthorised persons gaining access or opening any gateway in the outer fence.

    (7) Where the entry of wild specified noxious animals into an enclosure is facilitated by the use of any lure, bait, trap, ramp, yard, manually triggered or automatic gate, fence, barrier, or other closing device, the enclosure into which the wild specified noxious animals are intended to enter shall be so fenced that escape of the animals after they are enclosed is at all times effectively blocked.

    (8) Where specified noxious animals have been bred in captivity or where they are in the opinion of the inspecting officer either unlikely or unable to attempt escape, the Director-General may in writing approve fencing specifications of a less rigid standard.

13 Permit and inspection fees
  • (1) The Director-General may from time to time charge fees for the amendment or issue of permits and for inspection under these regulations within the limits specified in Schedule 4 hereto:

    Provided that the Director-General may in special circumstances waive the fee or charge a fee less than the specified minimum fee.

    (2) Except for inspection fees as specified in Schedule 4 hereto, one charge shall be made at the time of issue or transfer or amendment of any permit, and further charges shall not be made during the currency of the permit.

    (3) The applicant shall in all cases forward the prescribed minimum fee with his application; and, unless the Director-General remits or cancels the permit fee (which he is hereby authorised to do), no permit shall be issued unless the full fee being charged by him has been received.

    (4) Where two or more permits are issued concurrently to one person or group of persons the Director-General may charge only one of the prescribed fees and waive all other such fees.

    (5) Nothing in this regulation shall restrict the right of the Director-General of Agriculture to charge such fees as are prescribed under the Animals Act 1967 and any regulations thereunder for the licensing of deer farms, zoological gardens class A, and zoological gardens class B.

14 Terms of permits, etc.
  • (1) The Director-General may issue any permit under these regulations for such term as he thinks fit, or indefinitely, and may at any time amend or revoke any permit.

    (2) No permit under these regulations shall be transferable, but any permit may be cancelled and a new permit on the same or amended conditions, issued where a transfer of ownership of noxious animals is involved.

    (3) Where the amendment of any permit is applied for by the holder of the permit or is necessary as a result of any act of the holder, the permit may be amended or a new permit may be issued on amended conditions.

    (4) No permit issued under these regulations shall be held to be invalid by reason only of a defect, omission, or want of conformity in terms of the prescribed form in any case where the defect, omission, or want of conformity is not a matter of substance.

    (5) Every application for a permit under these regulations shall be deemed to import a consent by the applicant, and it shall accordingly be an implied condition of every such permit, that any Forest Officer may, in the event of any breach of any condition contained in or upon the revocation of the permit enter at any time upon the land or enclosure where the relevant specified noxious animals are situated and seize, destroy, or otherwise dispose of any or every such animal.

    (6) Where the applicant for a permit to hold any specified noxious animal in any land or premises is not the owner of the land or premises, the written consent of the owner shall be obtained by the applicant before the permit is issued, and the consent shall contain authority for the exercise by a Forest Officer of the powers set out in subclause (5) of this regulation.

15 Offences
  • (1) Every person commits an offence against these regulations who,—

    • (a) Without lawful authority, alters, amends, or otherwise interferes with a permit or other authority issued pursuant to the regulations:

    • (b) Fails to comply with or acts in contravention of any provision of these regulations or of any permit sued under these regulations:

    • (c) Without lawful authority, opens, interferes with, or damages, or impairs the efficiency of any enclosure, constraining device, or other equipment used or intended for use in restraining any noxious animal in captivity:

    • (d) Obstructs, prevents, or interferes with any Forest Officer in checking or otherwise inspecting any premises, equipment, returns, records, or other material or data in the course of his duties under these regulations, or supplies false or misleading returns or information to any Forest Officer.

    (2) Every person who commits an offence against these regulations is liable on summary conviction to a fine not exceeding one hundred dollars.


Schedule 1
Permit forms

Form A
Permit to capture noxious animals

Reg 3(1)

.

THIS permit is issued under the Noxious Animals in Captivity Regulations 1969 and authorises of until or prior revocation hereof to capture (number and species to be captured) for the purpose of Special conditions N.B.—Commercial returns to be submitted on Form No. 1 set out in the Second Schedule to the said regulations. This permit is not transferable and extends to the following employees, agents, and representatives: Signed: Director-General of Forests. Date: ................

Form B
permit to convey noxious animals

Reg 4

.

THIS permit is issued under the Noxious Animals in Captivity Regulations 1969 and authorises ......... of ........... as (agent for the) owner to convey the following noxious animals to the following persons at the addresses listed: Number Noxious Animals (Species) Recipient Mode of conveyance Special conditions This permit is not transferable and unless earlier revoked is valid for the undermentioned period and extends to the following employees, agents, and representatives: to only Signed: Director-General of Forests. Date:

Form C
Permit to hold noxious animals in captivity

Regs 5, 6, 9, 10

.

THIS permit is issued under the noxious Animals in Captivity Regulations 1969 and authorises of until or prior revocation hereof to keep in captivity at the following number, sex, and species of noxious animals: for the purpose of Special conditions N.B.-Returns from licensed breeders of noxious animals are to be submitted on Form No. 3 set out in the Second Schedule to the said regulations. This permit is not transferable and extends to the following employees, agents, and representatives: Signed: Director-General of Forests. Date:

Form D
Permit to hold and export noxious animals

Regs 5 and 8

.

THIS permit is issued under the Noxious Animals in Captivity Regulations 1969 and authorises of until or prior revocation hereof to carry on the business of a buyer and exporter of noxious animals, and hold the animals at Special conditions: Species Maximum Number NB-Returns are to be submitted on Form No 2 set out in the Second Schedule to the said regulations. This permit is not transferable and extends to the following employees, agents, and representatives: Signed: Director-General of Forests. Date:

Schedule 2
Returns from commercial trappers, exporters, and breeders

Form No. 1
Monthly return of noxious animals captured

Reg 3(6)

.

(As required under permit issued under the Noxious Animals Act 1956) The Director-General of Forests, New Zealand Forest Service, Private Bag, Wellington. Full Name and Address of Trapper: ........ Return for the period: / /19 to / /19 . No. Species Captured Captured Killed Sold on Hand 1. 2.3. 4. 5. 6. 7. 8. 9. Name of Exporter/Buyer Species Supplied No. of Animals 1. 2. 3. 4. 5. 6. 7. 8. 9. Locations trapped: I hereby certify that this return is a true and factual record of all specified noxious animals captured and sold or otherwise disposed of by me during the period stated. Signed: Dated:

.

Form No. 2
Monthly return of noxious animals received and exported

Reg 8(2)

.

(As required under permit issued under the Noxious Animals Act 1956) The Director-General of Forests, New Zealand Forest Service, Private Bag, Wellington. 1. Full Name and Address of Exporter: ............ 2. Return for the Period: / /19 to / /19 3. Commercial Trapper's Name Species Received No Received M. F. 4 Name and Address Species Exported No. Exported of Buyer M. F. 5 Number Died in Species on Hand No. on Hand Captivity M. F. I hereby certify that this return is a true and complete record of all specified noxious animals received and exported during the period stated. Signed: Date:

Form No 3
Annual return of noxious animals from a licensed breeder

Reg 9(2)

.

(As required under the Noxious Animals Act 1956) The Director-General of Forests, New Zealand Forest Service, Private Bag, Wellington. Period: 1/4/19 to 31/3/19 1. Name and Address of Owner: 2. Location of Breeding Farm or Premises: 3. Animals Held as at the Commencement of the Period: (a) (b) (c) (d) Species Total No Males (Except Juveniles) Females (Except Juveniles) Juveniles 4. Animals Received During the Year(including Births): (a) (b) (c) (d) Species Total No Males (Except Juveniles) Females (Except Juveniles) Juveniles 5. Animals Sold During the Year: (a) (b) (c) (d) (e) Species Total No Males (Except Juveniles) Females (Except Juveniles) Juveniles Name and Address of Buyer 6. Animals Killed or Died During the Year: (Escapes to be Listed Separately) (a) (b) (c) (d) Species Total No Males (Except Juveniles) Females (Except Juveniles) Juveniles 7.Total Animals on Hand as at the End of the Period: (a) (b) (c) (d) Species Total No Males (Except Juveniles) Females (Except Juveniles) Juveniles Certified correct (Owner's signature) Date:

.

Schedule 3
Fencing specifications for noxious animals held in captivity

Reg 12(2)

Section I-Perimeter Posts, etc
Species to be HeldFence PostsStrainer PostsStays1BattensInclined Arms Chamois and Thar Only
 Type of Post, etc.Average Top (in.)Min. Length (ft)Min. Spacing (ft)Min. Height (ft)Min. Length (ft)Average Top (in.)Length (ft)Average Top (in.)Length (ft)Diameter (in.)Min. Length (ft)Min. Diameter (in.)
     (Above ground)      2 (wood)2 × 2
            2 (steel)1/4 × 11/2
Any deerSplit or sawn12 sq.91661/21024 sq.71/2-99 sq.61/22 × 2(Arms to be inclined inwards 45° and extending 18° with 3 wires spaced 6″ apart.
WapitiRoundwood31/2 diam.91661/2107 diam.71/2-931/3 diam. or 
Chamois1/2 roundwood31/2 radius91661/2104 radius71/2-931/3 radius 2 × 11/2 
TharConcrete/steelAs approved. .. .61/2. .. .. .. .. .. . 
WallabiesAs approvedEnclosure design and materials subject to prior approval. .. . 
OpossumsAs approved    
As approvedStandard fence with 4' x 3″ x 4″ treated timber extensions may be approved in special circumstances. .. . 
1 Stays are not to be erected on the inside of the fence.

NOTE—On all posts, strainers, or battens the topmost staple shall be placed 2-3 inches below the top of the support and in treated pine wood barbed shank staples shall be used.

Section II-Perimeter Fence Wire, etc
Species to be HeldWires—Netting and Mesh—Alternatives and Combinations4Wire Droppers, etc.—Alternatives
 Type of FenceMinimum Height (ft)Minimum Number Line Wires3Maximum Space Between Line WiresMaximum Space Between Verticals2TypeGauge
Any Red or Sambar Deer or Wapiti5

No. 8–121/2 g. galv. high tensile

High tensile mesh 121/2 g. galv.

61/2

61/2

9

13

To 41/2 ft: 9 in.

41/2-6 ft: 10 in.

Below 41/2 ft: 3-9 in.

Above 41/2 ft: 9-11 in.

24 in.

12 in.

Spiral or crimped wire droppers

Lacing wire

4-12

12-14

Any other Deer or Chamois or Thar5

No. 8-121/2 g. galv. high tensile

High tensile 121/2 g. galv. mesh

61/2

61/2

13

13

6 in.

6 in.

12 in.

6 in.

  
WallabiesNetting-mesh 12 g. galv. high tensile36Greatest disistance along one side of mesh 2 in. 
Opossums

Netting-mesh 6-12 g. galv.3

Netting 17 g. or lighter

6

6

Greatest distance along one side of mesh 2 in.

Greatest distance along one side of mesh 1 in.

NOTE—Opossum enclosures, unless fenced with sheet iron or other material which cannot be climbed shall be entirely enclosed.
2 Maximum gap between wire and post or batten or wire and dropper as measured on a tight fence.
3 Other alternatives may be approved.
4 All wires to be fastened on inside of posts.
5 The bottom wire of all fences must be placed as close to the ground as possible, all ground irregularities smoothed, and all depressions filled with solid fill to allow no greater space between ground and bottom wire than (3) inches.
Section III—Perimeter Fence Gates and Foundations, etc.
 Perimeter Fence Running Concrete FootingPerimeter Fence GatesGate Hinges and Locks
Species to be HeldTop (in.)Height (in.)Depth in Ground (in.)TypeHeight (ft) x width (ft)ConstructionCoveringGate HingesGate Locks
Deer, wapiti, thar or chamoisNot applicable, except that hard fill or concrete may be required under gates or fences or over culverts, etc.

Vehicle access

Riding or foot

Floodgate

61/2 × 9

61/2 × 4

As approved

  One hinge to be reversed or otherwise constructed so that gates cannot be lifted offGate locks must engage on contact and have provision for locking with a key
Wallabies336Vehicle access6 × 9Timber or pipeWire mesh as approved for perimeter fence  
 (Footing to be continuous)Foot access6 × 4    
OpossumsMay be required in certain circumstancesFoot or vehicle accessAs approved    

Schedule 4
Permit and inspection fees

Reg 13(1)

Each application is to be accompanied by the minimum appropriate fee or fees as listed hereunder (reg 13(1), (3)).
 Minimum FeeMaximum Fee
(1)Permits to Capture Noxious Animals (reg 3(1))  
 Permit endorsed Commercial$10$25
 All other permits$ 5$10
(2)Inspections of Premises or Properties (reg 13(1))  
 (a)First inspection for permit to keep:  
  (i)Household pets (reg 6(2))$ 4$10
  (ii)Prior to export (reg 8(1))$10$30
  (iii)Breeding stock (reg 9(1), (a), (b), (c), (d))$10$30
  (iv)Deer farm stock (reg 9(1), (c))$10$30
  (v)Display or public exhibition animals (reg 10(2))$10$30
  (vi)Noxious animals for research (reg 7(1))No charge 
  (vii)For other studies (reg 7(2))$10$30
 (b)Subsequent Inspections (reg 13(2))$ 2$30
(3)Permits to Hold Noxious Animals in Captivity (reg 5(1))  
 For the purpose of:  
 (a)Household pets (reg 6(2))$ 2$10
 (b)Research (reg 7(1))No charge 
 (c)Other studies (reg 7(2))$ 5$50
 (d)Export (reg 8(1))$ 5$50
 (e)Breeding in captivity (reg 9(1)(a), (b), (c), (d))$ 5$50
 (f)Public display (reg 10(2))1$ 5$50
 (g)Deer farming (reg 9(1)(c))1No charge by Forest Service
(4)Permits to Convey or Transport Noxious Animals (reg 4(1))  
 Each permit issued$ 2$10
(5)Amendment, Cancellation, or Re-issue of Any Permit (reg 13(3))$ 2$10

P J BROOKS,

Clerk of the Executive Council


Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations are made under the Noxious Animals Act 1956, and govern the capture, conveyance, and keeping in captivity of deer, wapiti, thar, chamois, opossums, and wallabies.


Issued under the authority of the Regulations Act 1936.

Date of notification in Gazette: 23 April 1969.


Contents

  • 1General

  • 2About this eprint

  • 3List of amendments incorporated in this eprint (most recent first)


Notes
1 General
  • This is an eprint of the Noxious Animals in Captivity Regulations 1969. It incorporates all the amendments to the regulations as at 6 November 2008. The list of amendments at the end of these notes specifies all the amendments incorporated into this eprint since 3 September 2007. Relevant provisions of any amending enactments that contain transitional, savings, or application provisions are also included, after the Principal enactment, in chronological order.

2 About this eprint
  • This eprint has not been officialised. For more information about officialisation, please see Making online legislation official under Status of legislation on this site in the About section of this website.

3 List of amendments incorporated in this eprint (most recent first)
  • Regulations Revocation Order 2008 (SR 2008/367): clause 3


  • 1 The Director-General of Agriculture under regulations made under the Animals Act 1967 may charge such fees as are prescribed (reg 13(5)).