The Short Title of this Act shall be “The Protection of Animals Act 1867.”

“The Protection of Certain Animals Act 1865” and “The Protection of Certain Animals Act Amendment Act 1866” are hereby repealed Provided always that all proclamations Orders in Council or other proceedings under the authority of either of the above recited Acts shall be and remain in as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 alter vary or annul the same which he is hereby empowered to do.

It shall be lawful for any Acclimatization Society to register its rules by depositing a copy of the same or of any alteration thereof signed by the chairman of such society and countersigned by three of the members thereof in the office of the Colonial Secretary of New Zealand and immediately after such deposit a notification thereof shall be published in the New Zealand Gazette and every society so registered shall for the purposes of this Act be deemed to be a duly registered Acclimatization Society.

The rules so to be registered shall not be repugnant to this Act or to any of the laws relating to the importation or protection of animals for the time being in force in New Zealand.

For the purposes of this Act the property in all animals for the time being in the possession or under the control of any registered Acclimatization Society shall be deemed to be absolutely vested in the chairman of such society.

In case any registered Acclimatization Society shall turn out at large any animals not indigenous for the purpose of increase it shall be the duty of such society forthwith to notify the same in one or more newspaper or newspapers circulating within the district in which such animals shall have been turned at large not less than twice in two successive weeks and it shall be lawful for the Governor in Council by proclamation published in the New Zealand Gazette to declare that the property in every such animal so turned at large shall for the purposes of this Act be deemed to be absolutely vested in the chairman of the said society for any period not exceeding two years.

The several words “animal” and “bird” when used in this Act shall be deemed respectively to comprise the animals and birds mentioned in the several Schedules to this Act and any other animals and birds which shall hereafter be proclaimed to come within the operation of this Act.

It shall be lawful for the Governor in Council by order published in the New Zealand Gazette from time to time to proclaim that any animal or bird in addition to those mentioned in the several Schedules to this Act shall come within the operation of this Act but no indigenous animals or birds shall at any time be deemed to be “game” within the provisions of this Act.

The word “game” for the purposes of this Act shall be deemed to include all imported animals and birds mentioned in Schedule IV. to this Act and such other imported animals and birds as shall from time to time be proclaimed to come within the provisions of this Act relating to game and the word “native game” shall be deemed to include all native animals and birds mentioned in Schedule V. to this Act and any other native animals and birds which shall from time to time be proclaimed to come within the provisions of this Act relating to native game.

It shall be lawful for the Governor in Council from time to time by order published in the New Zealand Gazette to proclaim that any of the animals or birds mentioned in the several Schedules to this Act or which may have been proclaimed to come within the provisions of this Act shall cease to come within the provisions of this Act and that any of the animals or birds declared by this Act to be game or native game or which shall hereafter be proclaimed to be game within the provisions of this Act shall cease to be deemed game or native game within the provisions of this Act.

No game shall be hunted shot taken or killed in any part of the Colony until the same shall have been proclaimed as open for that purpose by Order in Council in that behalf and no game shall be hunted shot taken or killed except during the months of May June or July in any year No native game shall be hunted shot taken or killed in any part of the Colony except during the months of April May June and July in each year.

It shall be lawful for the Governor from time to time by proclamation published in the New Zealand Gazette to declare that all or any of the provisions of this Act relating to native game shall not be in force in such parts of the Colony as he shall in and by such proclamation define and from time to time as he may think fit by proclamation in like manner to cancel any such proclamation.

It shall be lawful for the Governor from time to time by proclamation in the New Zealand Gazette to declare that in any district therein defined no native indigenous bird named therein not being native game shall be shot taken or killed and any person who shall shoot take or kill any such bird in any district so defined shall be liable to a fine not exceeding twenty shillings.

No imported bird not being game shall be shot taken or killed in any part of the Colony except as hereinafter mentioned that is to say—it shall be lawful for the Governor in Council by order published in the New Zealand Gazette from time to time to declare that such birds or any of them may be shot taken or killed in such part or parts of the Colony as in such proclamation shall be described and if any person shall offend against the provisions of this section he shall be liable to a penalty not exceeding ten pounds and in default of payment to be imprisoned for a period not exceeding one month.

It shall be lawful for the Governor in Council by order published in the New Zealand Gazette from time to time to declare in which part or parts of the Colony game shall not be hunted shot taken or killed and by such order further to declare the particular species of game which shall not be so hunted shot taken or killed and it shall be lawful for the Governor in Council by order published in the New Zealand Gazette from time to time to declare that any description of imported bird is established in any district and is to be considered as native game.

No person shall hunt shoot take or kill game or native game on Sunday.

No game shall be poisoned trapped or taken by means of traps nets springes or by any 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 except by persons duly authorized pursuant to section twenty-five of this Act.

No person shall take kill or pursue or aid or assist in any manner in the taking killing or pursuing by any means whatsoever or use any dog gun net or other engine for the purpose of taking killing or pursuing any game until such person shall have taken out a license to kill game under this Act and paid the duty hereby made payable thereon and if any person shall offend against the provisions of this section he shall be liable to a penalty not exceeding twenty pounds and in default of payment to be imprisoned for a period not exceeding four months.

Every license to take kill or pursue game shall be in the form in Schedule I. to this Act and shall be issued by the Superintendent of the Province in which the person requiring the same shall reside or desire to exercise such license upon payment of the sum of fifty shillings to the Treasurer of such Province and shall be signed by the Superintendent or Treasurer and dated on the day when the same was actually issued and shall be in force from the day of the date until the thirty-first day of July next following the date thereof and any such license may be issued at any date subsequent to the thirtieth day of June in any year upon payment of the sum of one pound.

No person shall sell game until he shall have taken out a license which shall be in the form of Schedule III. to this Act and be signed by the Superintendent or Treasurer of the Province and shall be in force for a period ending on the seventh day of August and the person requiring the same shall in respect of every such license or renewal of license pay to the Treasurer of the Province in which such license shall be issued the sum of five pounds and if any person shall sell any game without having duly taken out and having in force such license as aforesaid he shall for every such act forfeit and pay the sum of twenty pounds and it shall be lawful for the holder of every license in the form of Schedule I. to this Act to sell game to any person holding a license to sell game in the form of Schedule III. to this Act without taking out any additional license to sell game as required in this section.

It shall be lawful for the Superintendent of any Province in any license to kill game issued under the provisions of this Act to except from the district over which such license shall extend any lands certified in writing by the chairman of any duly registered Acclimatization Society to be then actually and lawfully used by such society for the purposes of the same and any person hunting or killing or taking any game upon any lands so excepted shall be deemed to be an unlicensed person within the provisions of this Act.

Any person who shall take or wilfully destroy the eggs of any game birds shall be liable to a penalty not exceeding five pounds.

Nothing in this Act shall prevent the owner of any animal or bird coming within the provisions of this Act except those enumerated in section twenty-nine of this Act from keeping the same in confinement or in a domesticated state or from offering for sale or selling or from killing or taking any such animal or bird so kept in confinement or in a domesticated state and it shall be lawful for any person to buy or offer to buy any such animal or bird.

No person shall sell or offer for sale or buy or offer to buy any game or native game except during the months within which it shall be lawful to take or kill game or native game and any person offending against the provisions of this section shall be liable to a penalty not exceeding twenty pounds and in default of payment to be imprisoned for a period not exceeding three months.

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 changing or turning out the same in some other country or other part of this 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 to 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.

No person shall have in his possession except as hereinafter provided any game or native game except during the months hereinbefore respectively specified without lawful excuse the proof whereof to be on the party charged and such game or native game found in the 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.

If any person whatever shall at any time commit any trespass by entering or being upon any land in the search or pursuit of game or native game such person shall on conviction thereof before two Justices of the Peace forfeit and pay such sum of money not exceeding twenty pounds as to such Justices 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.

Any person found trespassing with gun or dog and gun shall be deemed to be in pursuit of game and subject to the provisions of this Act.

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 not indigenous to the Colony in his possession 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 not exceeding one hundred pounds and in default of payment to be imprisoned for a period of not more than six months.

Every person who shall within three years from the passing of this Act sell offer for sale or expose for sale any dead hen pheasant shall on conviction forfeit and pay for every such act a sum not exceeding twenty pounds and if such person hold any license to kill or sell game under this Act such license shall become on the conviction ipso facto void.

It shall be the duty of every person in pursuit of game to produce his license to any authorized person demanding such production and the term “authorized person” shall include all magistrates and constables and all rangers appointed under this Act and the proprietors or occupier of the land on which any person may be found in pursuit of game.

It shall be lawful for the Governor from time to time to appoint one or more fit and proper persons to be and be styled rangers whose duty it shall be to observe and take care that the provisions of this Act be complied with in the Province or district for which they may be appointed and to lay informations against such persons as may offend against the same and any such ranger to discharge such duties as the Superintendent shall think fit.

All fees for licenses fines and penalties arising and which may be received and recovered by virtue of the provisions of this Act shall except as hereinafter provided be applied in the first instance in or towards defraying the salaries and expenses of the ranger or rangers to be appointed as aforesaid and any other expenses of carrying into effect the provisions of this Act and subject thereto the balance if any shall be handed to the Treasurer of some Acclimatization Society if any in the Province in which such fees or fines shall have been paid or recovered for the purposes of such society and if there shall be no such society shall be carried to the credit of the revenue of such Province.

All penalties created by this Act shall be recoverable in the manner directed by any Act for the time being in force for the regulation of summary proceedings before Justices of the Peace and any offence against any of the provisions of this Act for which no punishment is herein specially provided shall be punished on conviction before a Resident Magistrate or Justice of the Peace by a fine not exceeding twenty pounds and one-half of any fine recovered under this Act shall 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.

No person under the age of fifteen years who may be convicted under this Act shall be liable to imprisonment anything in this Act to the contrary notwithstanding but may in default of payment of any fine so inflicted be privately whipped if so ordered by the convicting Justice or Justices such whipping to take place in the presence of the convicting Magistrate.

From and after the passing of this Act it shall be lawful for the Governor from time to time to issue without fee to officers serving in vessels in Her Majesty’s Navy and stationed in New Zealand licenses to kill game in the form in Schedule II. to this Act and in every such license to limit the time during which and to fix the conditions not being repugnant to or inconsistent with the provisions of this Act whereon such license shall be held and also to define the district wherein such license shall operate.

Every such license shall during its currency and subject to such conditions as may be contained therein have the same force and effect within the districts therein defined as any other license to kill game issued under the provisions of this Act and the holder of such license shall be subject to the same liabilities and have the same privileges as the holder of any other such license issued under this Act.

The Governor may by Order in Council published in the New Zealand Gazette from time to time delegate to the Superintendent or Executive of any Province or to any other person or persons within the said Colony all or any of the powers by this Act vested in the Governor or the Governor in Council subject to such regulations as he may think fit and may from time to time rescind such delegation.