the Short Title of this Act shall be “The Protection of Certain Animals Act 1865.”

No deer of any kind hare swan wild goose or wild duck of any imported species whatever partridge English plover rook starling thrush or blackbird shall be hunted shot taken or killed at any time whatever before the first day of May which shall be in the year one thousand eight hundred and seventy and after that day only during the months of May June July and August in any year Provided always that it shall be lawful for the Governor by Order in Council published in the New Zealand Gazette to declare as to any part or parts of the Colony that the whole or any of the animals or birds specified in this section or any other animals or birds which may be hereafter proclaimed as under the protection of this Act may be hunted shot taken or killed during the months of May June July and August in each year before the first day of May one thousand eight hundred and seventy.

No pheasant or quail shall be hunted shot taken or killed except during the months of May June July and August in any year.

No wild duck or pigeon indigenous in the Colony shall be hunted shot taken or killed except during the months of May June July and August in any year Provided always that this section shall have no force or effect except in such portions of the Colony as shall from time to time be declared by the Governor by Order in Council to come within the operation of such section.

It shall be lawful for the Governor by Order in Council published in the New Zealand Gazette to 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 Order in Council and from time to time to revoke alter or amend such Order in Council.

No person shall hunt shoot take or kill any pheasant or other animal or bird specified in this Act or declared by the Governor as coming under its provisions on any Sunday which shall fall within the months of May June July and August in any year.

If any person whatever shall at any time commit any trespass by entering or being upon any land in the search or pursuit of any of the animals which are the subject of this Act such person shall on conviction thereof before a Justice of the Peace forfeit and pay such sum of money not exceeding twenty pounds nor less than two pounds as to such Justice shall seem meet Provided always that any person charged with any such trespass shall be at liberty to prove by way of defence any matter which would have been a defence to an action at law for such trespass.

None of the animals or birds which are the subject of this Act 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 which are the subject of this Act 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 to authorize 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 Provided that nothing herein contained shall be deemed to authorize any person or persons to commit a trespass and provided further that no person or persons shall be deemed to be so authorized to catch or take or shall catch or take any animals or birds or the eggs of such birds unless he or they can show a license so to do under the hand of the Governor of New Zealand for the time being and no such license shall in any case have any force or effect for a longer period than twelve calendar months from the date of such license.

Every offence against any provision of this Act shall be punished on conviction before a Resident Magistrate or Justice of the Peace by a fine not exceeding twenty pounds nor less than two pounds 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 Justice shall specify.

Nothing in this Act shall extend to prevent the owner or the agent of the 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.

It shall not be lawful for any person to introduce any fox venomous reptile hawk vulture or other bird of prey into the Colony or to liberate or allow to go at large any fox venomous reptile hawk vulture or other bird of prey which may have already been introduced or to have any fox venomous reptile hawk vulture or other bird of prey in his possession after the first day of January one thousand eight hundred and sixty-six And every person offending against the provisions of this section shall be liable on conviction thereof before any two Justices of the Peace to a penalty of one hundred pounds and to be imprisoned for a period of not more than six months.

It shall be lawful notwithstanding anything herein contained to the contrary for any person or persons to keep in confinement any animal hereby prohibited to be kept Provided that he have the permission in writing of the Governor.

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.”

The Governor may by Order in Council published in the New Zealand Gazette 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.

“The Protection of Certain Animals Act 1861” “The Birds Protection Act 1862” and “The Wild Birds Protection Act 1864” are hereby repealed Provided always that all Proclamations Orders in Council or other proceedings under the authority of any of the above recited Acts shall be and remain in as full force and effect as if this Act had not been passed until the Governor in Council shall annul the same which he is hereby empowered to do.