Trade in Endangered Species Regulations 1991

Reprint
as at 1 July 2013

Coat of Arms of New Zealand

Trade in Endangered Species Regulations 1991

(SR 1991/274)

Catherine A Tizard, Governor-General

Order in Council

At Wellington this 9th day of December 1991

Present:
Her Excellency the Governor-General in Council


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.

These regulations are administered by the Department of Conservation.


Pursuant to section 54 of the Trade in Endangered Species Act 1989, Her Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, hereby makes the following regulations.

Regulations

1 Title and commencement
  • (1) These regulations may be cited as the Trade in Endangered Species Regulations 1991.

    (2) These regulations shall come into force on the 28th day after the date of their notification in the Gazette.

2 Interpretation
3 Recognised scientists and scientific institutions
  • (1) Scientists and scientific institutions in New Zealand involved in the non-commercial loan, donation, and exchange with scientists and scientific institutions in other States recognised by the relevant authorities of those States of—

    • (a) herbarium and other preserved, dried, or embedded plants:

    • (b) live plants:

    • (c) preserved animals, and skins of animals:

    • (d) live animals,—

    that are specimens of an endangered, threatened, or exploited species may apply to be recognised by the Director-General for the purposes of section 32 of the Act.

    (2) Applications shall be made in writing to the Director-General, and shall include details of—

    • (a) the name and address of the scientist or scientific institution:

    • (b) the type of material to be involved:

    • (c) the study purpose, including details of previous work:

    • (d) the scientists and institutions involved overseas, if known:

    • (e) the Convention Secretariat registration details of overseas scientists or institutions, if known:

    • (f) any previous registration by the Convention Secretariat for this purpose.

    (3) If the Director-General recognises the applicant under section 32 of the Act, the applicant shall be advised in writing and issued with a registration code and a set of labels for use with the class of materials and purposes approved by the Director-General and subject to any conditions set by the Director-General.

    (4) Every recognised scientist and scientific institution shall affix an approved label to every package of such material exported or re-exported and complete the following details on the label:

    • (a) the registration code:

    • (b) the name and address of the consignee and consignor:

    • (c) the scientific and common name of the specimens enclosed:

    • (d) the number (or weight) and description of the specimens enclosed:

    • (e) the Appendix of the Convention in which the specimen is included:

    • (f) the signature of the person packaging the consignment.

    (5) Each recognised scientist and scientific institution shall make a return to the Director-General at the end of each calendar year providing the details of each such import, export, and re-export, and the number of labels used.

4 Breeding or holding of parrots in captivity
  • (1) Every person breeding or holding parrots other than the species budgerigar Melopsittacus undulatus, cockatiel Nymphicus hollandicus, or ring necked parakeet Psittacula krameri in captivity shall, when required to do so by any Endangered Species Officer, furnish to the officer, as soon as is practicable, the particulars of all such parrots held by that person.

    (2) Without limiting subclause (1), the particulars that may be required to be furnished by a person under that subclause include—

    • (a) the origin of all such parrots held by that person:

    • (b) the name and address of the supplier of any such parrots held by that person:

    • (c) proof of acquisition and the date of acquisition of any such parrots held by that person:

    • (d) the numbers on any bands fitted to such parrots held by that person.

    (3) No person shall be required to furnish specified particulars to an officer if the specified particulars would or could tend to incriminate that person.

5 Export and re-export of live birds
  • Every person or institution, other than publicly-owned zoological gardens, wishing to export or re-export live specimens of endangered, threatened, or exploited bird species shall, in addition to furnishing details as required in Part 6 of the Wildlife Regulations 1955 and section 10 of the Trade in Endangered Species Act 1989, furnish departure details (being the flight number, name of vessel, port or other place of departure, time, and date) to the Director-General at least 7 days before shipment.

6 Fees
  • (1) Except as provided in subclauses (2) to (4), the fee payable for the grant or renewal of any permit or certificate under the Act shall be $80.

    (2) The fee payable for the grant of a permit authorising the export of live parrots bred in captivity in New Zealand shall be,—

    • (a) in the case of the initial grant of the permit, $600:

    • (b) in the case of a second or subsequent permit granted in respect of the same permit holder, where the birds have been supplied by the breeder (or other person) who supplied the birds for which the original permit was granted and are of the same species as those for which that permit was granted, $260.

    (3) The fee payable for the grant of a certificate authorising the re-export of live parrots shall be $260.

    (4) The fee payable for the grant (but not the renewal) of a certificate authorising the multiple export of artificially propagated plants shall be $420.

    (5) The fees prescribed by this regulation are inclusive of any goods and services tax payable under the Goods and Services Tax Act 1985.

    Regulation 6(1): amended, on 16 October 2008, by regulation 4(1) of the Trade in Endangered Species Amendment Regulations 2008 (SR 2008/317).

    Regulation 6(2)(a): amended, on 16 October 2008, by regulation 4(2) of the Trade in Endangered Species Amendment Regulations 2008 (SR 2008/317).

    Regulation 6(2)(b): amended, on 16 October 2008, by regulation 4(3) of the Trade in Endangered Species Amendment Regulations 2008 (SR 2008/317).

    Regulation 6(3): amended, on 16 October 2008, by regulation 4(4) of the Trade in Endangered Species Amendment Regulations 2008 (SR 2008/317).

    Regulation 6(4): amended, on 16 October 2008, by regulation 4(5) of the Trade in Endangered Species Amendment Regulations 2008 (SR 2008/317).

7 Offences
  • Every person commits an offence and is liable on conviction to a fine not exceeding $2,000 who—

    • (a) without reasonable excuse, fails to furnish to an Endangered Species Officer the particulars of parrots held in captivity, after being required to do so under regulation 4; or

    • (b) knowingly furnishes false particulars to an Endangered Species Officer or recklessly furnishes to such an officer particulars that are false in a material respect, after being required under regulation 4 to furnish particulars; or

    • (c) fails to furnish departure details to the Director-General in accordance with regulation 5.

    Regulation 7: amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Marie Shroff,
Clerk of the Executive Council.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 12 December 1991.


Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)


Notes
1 General
  • This is a reprint of the Trade in Endangered Species Regulations 1991. The reprint incorporates all the amendments to the regulations as at 1 July 2013, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .

2 Status of reprints
  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared
  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989
  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • omission of unnecessary referential words (such as of this section and of this Act)

    • typeface and type size (Times Roman, generally in 11.5 point)

    • layout of provisions, including:

      • indentation

      • position of section headings (eg, the number and heading now appear above the section)

    • format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • format of dates (eg, a date formerly expressed as the 1st day of January 1999 is now expressed as 1 January 1999)

    • position of the date of assent (it now appears on the front page of each Act)

    • punctuation (eg, colons are not used after definitions)

    • Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • case and appearance of letters and words, including:

      • format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • small capital letters in section and subsection references are now capital letters

    • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • running heads (the information that appears at the top of each page)

    • format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)