The Short Title of this Act shall be the “Protection of Certain Animals Act 1861.”

No Deer of any kind Hare Swan Partridge English Plover Rook Starling Thrush or Blackbird shall be hunted taken or killed at any time whatever before the first day of March which shall be in the year one thousand eight hundred and seventy and after that day only during the months of March April May June and July in any year unless as hereinafter provided in the tenth section of this Act.

No Pheasant or Quail shall be hunted taken or killed except during the months of March April May June and July in any year.

No Wild Duck or Wild Goose of any imported species whatever shall be hunted taken or killed except during the months of March April May June July or August in any year.

None of the Animals or Birds hereinbefore mentioned shall be poisoned trapped or taken by means of traps nets springes or by other means than hunting or shooting at any time whatever nor shall any trap net or snare be made erected or set either wholly or in part for the purpose of such trapping or taking.

No person shall have in possession any of the Animals or Birds hereinbefore mentioned except during the months hereinbefore respectively specified without lawful excuse the proof whereof to be on the party charged and any such Animal or Bird found in possession of any person shall be presumed to have been taken or killed by such person contrary to the provisions of this Act until proof to the contrary be given by such person.

No person shall sell or offer for sale or buy or offer to buy any such Animal or Bird except during the months within which it shall be lawful to take or kill any of the said Animals or Birds respectively or shall take or wilfully destroy any egg of any such Bird.

It shall be lawful for the Governor of New Zealand to authorise any person or persons to catch or take any such Animals or Birds or the eggs of any such Birds for the purpose of distributing and turning out the same in some other part of the Colony or Province respectively Provided that nothing herein contained shall be deemed to authorise any person or persons to commit a trespass.

It shall be lawful for the Governor of New Zealand by Proclamation published in the New Zealand Gazette to proclaim and declare as to any parts of the Colony that any other Animals or Birds not hereinbefore mentioned or the Birds specified in the third section of this Act shall be protected and come under the operation of such of the provisions of this Act as may be specified in such Proclamation and from time to time to revoke alter or amend such Proclamation.

It shall be lawful for the Governor of New Zealand in Council by Proclamation published in the New Zealand Gazette as to any part or parts of the Colony to declare that the whole or any of the Animals or Birds specified in the second section of this Act or any other Animals or Birds which may be hereafter proclaimed as under the protection of this Act may be hunted taken or killed during the months of March April May June and July in each year before the first day of March one thousand eight hundred and seventy.

Every offence against any provision of this Act shall be punished on conviction before a Resident Magistrate or two or more Justices of the Peace by a Fine not exceeding Twenty Pounds nor less than One Pound in respect of any Male Animal or Bird and not exceeding Forty Pounds nor less than Two Pounds in respect of any Female Animal or Bird one-half of any such Fine to be paid to the person or persons who shall be instrumental in procuring any such conviction in such proportion as the convicting Resident Magistrate or Justices shall specify.

Nothing in this Act shall extend to prevent the owner or the agent of any owner of any Animal or Bird which shall be kept in confinement or on any enclosed ground from causing any such Animal or Bird so kept or confined to be taken or killed.

The Governor in Council may by warrant under his hand from time to time delegate to any Superintendent of any Province within the said Colony all or any of the powers vested in the Governor or the Governor in Council by this Act subject to such Regulations as he may think fit and may from time to time rescind such delegation.

Nothing in this Act shall prevent or interfere with the operation of an Act of the Provincial Council of Nelson Session VIII. No. 6 intituled “An Act to provide for the Protection of certain Animals Birds and Fishes imported into the Province of Nelson.”