Wildlife refuges

Open-season notifications

Feeding of game areas

Restrictions on taking of game

Wildlife districts

Restrictions on the liberation or export of animals, birds, etc.

Homing pigeons

Evidence of boundaries

Forfeitures

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Wildlife Amendment Act 1959

Public Act		1959 No 49
Date of assent		21 October 1959

An Act to amend the Wildlife Act 1953

BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:

1 Short Title

This Act may be cited as the Wildlife Amendment Act 1959, and shall be read together with and deemed part of the Wildlife Act 1953 (hereinafter referred to as the principal Act).

2 Meaning of possession

Section two of the principal Act is hereby amended by adding the following subsection as subsection two thereof:

“(2)

For the purposes of this Act, any animal or thing shall be deemed to be in the possession of any person when that person has, alone or jointly with any other person, possession of or control over the animal or thing, or possession of or control over any vessel, vehicle, container, package, or place in or on which the animal or thing is:

“Provided that, in any proceedings for an offence against this Act or any regulations under this Act, being an offence relating to the possession of any animal or thing found in or on any vessel, vehicle, container, package, or place in the possession or under the control of the defendant, alone or jointly with any other person, it shall be a good defence if the defendant satisfies the Court that he had no knowledge that the animal or thing was in or on that vessel, vehicle, container, package, or place, or, in the case of any animal or thing found in or on any vessel or vehicle or place, that the animal or thing was in the possession or under the control of some other person in or on that vessel or vehicle or place.”

3 Wildlife sanctuaries

(1)

Section nine of the principal Act is hereby amended by omitting from subsection one the words “of land”.

(2)

Section nine of the principal Act is hereby further amended by inserting in the proviso to subsection one, after paragraph (a), the following paragraph:

“(aa)

No Proclamation issued under this subsection shall affect any waters of the sea or of any harbour within the meaning of the Harbours Act 1950 unless it is issued on the joint recommendation of the Minister of Internal Affairs and the Minister of Marine:”.

4 Wildlife refuges

(1)

Section fourteen of the principal Act is hereby amended by inserting in the proviso to subsection one, after paragraph (a), the following paragraph:

“(aa)

(2)

Section fourteen of the principal Act is hereby further amended by repealing paragraph (d) of subsection two, and substituting the following paragraph:

“(d)

To destroy any animal specified in the Fifth Schedule or Sixth Schedule hereto or any rabbit or hare on the land:”.

(3)

Section fourteen of the principal Act is hereby further amended by inserting, after subsection two, the following subsection:

“(2a)

Any officer of the Department of Internal Affairs appointed as a ranger under subsection one of section thirty-eight of this Act or any ranger appointed under paragraph (c) of subsection two of that section or any other person authorised in writing in that behalf by the Secretary, either generally or in any particular case, may bring firearms or explosives on to any wildlife refuge for the purpose of destroying any animal specified in the Fifth Schedule or Sixth Schedule hereto or any rabbit or hare, where that animal or rabbit or hare is a nuisance or is causing damage to that wildlife refuge or to any wildlife in that wildlife refuge.”

(4)

Section fourteen of the principal Act is hereby further amended by inserting in subsection three, after the words “subsection two” where they first occur, the words “or subsection two a”.

5 Open-season notifications

(1)

Section sixteen of the principal Act is hereby amended by inserting in subsection one, after paragraph (c), the following paragraph:

“(cc)

The number of game which may be had in possession by any one person on any one day; but different numbers may, in the Minister’s discretion, be so specified in respect of different days in the open season:”.

(2)

Section sixteen of the principal Act is hereby further amended by repealing subsection two, and substituting the following subsection:

“(2)

No person shall hunt or kill game, or during any open season have in his possession any game, otherwise than in terms of such a notification:

“Provided that it shall be lawful for any person to have in his possession a number of game in excess of the number specified in such a notification, if the excess game were taken by some other person or persons and all the game in the possession of the first-mentioned person have affixed or tied thereto a label on which the following particulars are legibly written:

“(a)

The names and addresses of the persons by whom the game were taken; and

“(b)

The numbers of the licences to hunt or kill game held by those persons; and

“(c)

The name of the society by which those licences were issued; and

“(d)

The date or dates on which the game were taken:

“Provided also that nothing in this subsection relating to the possession of game shall apply with respect to game placed in any freezing chamber or cool store in accordance with regulations made under this Act.”

6 Feeding of game areas

The principal Act is hereby amended by repealing section seventeen, and substituting the following section:

“17

“(1)

No person shall, with the intention of attracting any game for the purpose of hunting or killing that game,—

“(a)

Cast, throw, or place, or cause or permit to be cast, thrown, or placed, or assist in casting, throwing, or placing, in or near the margin of any water (including any river, stream, lake, lagoon, pond, estuary, swamp, or other water, whether natural or artificially constructed) any corn, wheat, barley, maize, or other grain, or any products of grain, or any peas or any other food; or

“(b)

Plant or place in or on any land any corn, wheat, barley, maize, or other grain, or any products of grain, or any peas or any other food, and thereafter flood that land to form an artificial lake, lagoon, or pond.

“(2)

Where any society has reason to believe that food of any of the kinds referred to in subsection one of this section has been cast, thrown, placed, or planted in any place referred to in that subsection within the period of one month immediately preceding an open season for game in that place, the society, with the consent of the occupier, may erect or affix a notice in, or in the near vicinity of, that place to the effect that food has been so cast, thrown, placed, or planted, and on any such notice there shall be displayed the date of the erection or affixing of that notice. If the occupier does not consent to the erection or affixing of any such notice, the society may serve written notice upon him requiring him to inform all persons entering upon his land for the purpose of hunting or killing game that food has been cast, thrown, placed, or planted in that place.

“(3)

Every person commits an offence against this Act who during any open season hunts or kills game in any place—

“(a)

In which, or in the near vicinity of which, there is a notice under subsection two of this section erected or affixed during that open season or within the period of one month immediately preceding that open season; or

“(b)

In which the occupier of the land has informed him that any such food has been cast, thrown, planted, or placed during that open season or within the period of one month immediately preceding that open season; or

“(c)

In which he otherwise knows any such food has been cast, thrown, placed, or planted during that open season or within the period of one month immediately preceding that open season.

“(4)

Every person commits an offence against this Act who destroys, defaces, or in any way tampers with any notice affixed or erected under the provisions of subsection two of this section.

“(5)

Every person commits an offence against this Act who, being an occupier of land and having been served with a written notice under subsection two of this section requiring him to inform other persons that food has been cast, thrown, placed, or planted in any place on that land, fails to comply with the terms of that notice.”

7 Restrictions on taking of game

Section eighteen of the principal Act is hereby amended as follows:

(a)

By omitting from subparagraph (v) of paragraph (f) of subsection one the word “frightening”, and substituting the words “unduly disturbing, putting to flight”:

(b)

By inserting in subparagraph (v) of paragraph (f) of subsection one, after the words “has been killed”, the words “or wounded”:

(c)

By adding to paragraph (g) of subsection one the words “or for the purpose of preventing game from alighting on that water or on any part thereof”:

(d)

By adding to the definition of the term “row boat” in subsection two the words “or poles”.

8 Wildlife districts

Section thirty-seven of the principal Act is hereby amended by omitting from paragraph (a) of subsection two the word “district”, and substituting the words “wildlife district”.

9 Restrictions on the liberation or export of animals, birds, etc.

Section fifty-six of the principal Act, as amended by subsection two of section seven of the Wildlife Amendment Act 1956, is hereby further amended by omitting from subsection one the words “and to”, and substituting the words “granted subject to”.

10 Homing pigeons

(1)

Section fifty-eight of the principal Act is hereby amended by repealing subsection one, and substituting the following subsection:

“(1)

Every person commits an offence against this Act who—

“(a)

Intentionally shoots at, kills, disables, or otherwise injures, or ensnares, or detains any homing pigeon belonging to any other person; or

“(b)

Without lawful authority disturbs, opens, or in any way tampers with any cage or other receptacle while that cage or receptacle is being used for the carriage of homing pigeons.”

(2)

Section fifty-eight of the principal Act is hereby further amended by omitting from subsection three the words “the Chief Postmaster of the postal district in which he resides”, and substituting the words “the secretary of the New Zealand Homing Pigeon Federation”.

11 Evidence of boundaries

Section sixty-nine of the principal Act is hereby amended by inserting in subsection one after the words “closed game area”, the words “or acclimatisation district or wildlife district”.

12 Forfeitures

Section seventy of the principal Act is hereby amended by omitting from subsection two and also from subsection three the words “twelve months”, and substituting in each case the words “six months”.

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Wildlife Amendment Act 1959