Without limiting section 53, the Director-General may grant an authority under that section that authorises killing of wildlife that is incidental to carrying out an otherwise lawful activity.

(2)

Killing of wildlife is incidental if it is not directly intended but is unavoidable and foreseeable as a consequence of carrying out the lawful activity.

(3)

In this section, wildlife means wildlife or game referred to in section 53(1).

53B Authority under section 53 to kill wildlife incidentally: consistency with protection of wildlife

(1)

To avoid doubt, the Director-General may grant an authority referred to in section 53A only if it is consistent with the protection of wildlife.

(2)

The authority is to be treated as consistent with the protection of wildlife if, in granting it, the Director-General is satisfied that its overall effect would be consistent with the protection of—

(a)

populations of wildlife; and

(b)

individual wildlife.

(3)

In determining whether the overall effect of the authority would be consistent with the protection of populations of wildlife, the Director-General must have regard to—

(a)

any potential adverse effects of the lawful activity on—

(i)

populations of wildlife that the Director-General is satisfied may be affected by the lawful activity; and

(ii)

the viability of the species to which that wildlife belongs; and

(b)

the extent to which the authority (including any conditions that the Director-General proposes to impose on the authority) addresses those potential adverse effects; and

(c)

any other matter that the Director-General considers is relevant.

(4)

The Director-General may be satisfied that the overall effect of the authority would be consistent with the protection of individual wildlife only if satisfied that the holder of the authority will take reasonable steps (including by complying with any relevant conditions imposed on the authority) to avoid, minimise, and mitigate any adverse effects of the lawful activity on individual wildlife.

(5)

In granting the authority, the Director-General is not required to be satisfied—

(a)

that the lawful activity is itself consistent with the protection of wildlife; or

(b)

that each individual act of killing, viewed in isolation, would be consistent with the protection of wildlife.

53C Conditions that may be imposed on authority under section 53 to kill wildlife incidentally

(1)

The Director-General may impose, on an authority referred to in section 53A, any conditions providing for measures that the Director-General is satisfied are needed—

(a)

to address potential adverse effects of the lawful activity on populations of wildlife or the viability of the species to which that wildlife belongs (including, for example, measures to offset adverse effects caused by killing individual wildlife belonging to that species); or

(b)

to avoid, minimise, or mitigate any adverse effects of the lawful activity on individual wildlife.

(2)

This section does not limit the application of section 53(5) to the authority.

Part 2 Amendments about transitional, savings, and related provisions

5 New section 2AA inserted (Transitional, savings, and related provisions)

After section 2A, insert:

2AA Transitional, savings, and related provisions

The transitional, savings, and related provisions set out in Schedule 1AA have effect according to their terms.

6 New Schedule 1AA inserted

Insert the Schedule 1AA set out in the Schedule of this Act as the first schedule to appear after the last section of the principal Act.

Schedule New Schedule 1AA inserted

s 6

Schedule 1AA Transitional, savings, and related provisions

s 2AA

Part 1 Provisions relating to Wildlife (Authorisations) Amendment Act 2025

1 Validation of certain authorities

(1)

This clause applies to any authority to kill wildlife that was granted or purportedly granted under section 53 before the commencement of the Wildlife (Authorisations) Amendment Act 2025 (whether or not the authority is in force, or has already expired, immediately before that commencement).

(2)

An authority to which this clause applies is validated on and from when the authority was granted and to the extent that it would have been invalid for any reason.

2 Lawfulness of certain section 53 authorities when section 71 applicable

(1)

This clause applies to an authority that was granted or purportedly granted under section 53 before 5 March 2025 (whether or not it is in force, or has already expired, immediately before the commencement of this clause).

(2)

An authority to which this clause applies is not unlawful merely because the person to whom the authority was granted, or purportedly granted, required consent under section 71 (rather than an authority under section 53) to carry out an activity authorised or purportedly authorised under section 53.

(3)

A person is not to be treated as having committed an offence against section 63, 63A, or 65(1)(f) or (j) merely because the person has done anything without consent under section 71, so long as when the thing was done it was authorised or purportedly authorised by an authority to which this clause applies.

(4)

In this clause, doing anything includes causing anything to be done.

3 Savings relating to commenced proceedings

Clauses 1 and 2 do not affect any proceedings commenced or in progress before 28 March 2025, or any rights of appeal.

4 Effect of clauses 1 and 2 relating to High Court judgment

(1)

Clauses 1 and 2 do not—

(a)

apply to the authority—

(i)

that the Director-General granted or purportedly granted to the New Zealand Transport Agency under section 53 on 22 December 2021; and

(ii)

that was the subject of Environmental Law Initiative v The Director-General of the Department of Conservation and others [2025] NZHC 391; or

(b)

affect any party’s rights of appeal in respect of that judgment.

(2)

However, clauses 1 and 2 are to be treated as applying to that authority for the purposes of any proceedings for an offence against section 53(7), 63, 63A, or 65(1)(f) or (j) that are commenced on or after 28 March 2025.

Legislative history

6 May 2025		Introduction (Bill 146–1), first reading, second reading, committee of the whole House, third reading
13 May 2025		Royal assent

This Act is administered by the Department of Conservation.

Wildlife (Authorisations) Amendment Act 2025