Marine Mammals Protection Act 1978

Version as at 28 October 2021

Coat of Arms of New Zealand

Marine Mammals Protection Act 1978

Public Act
 
1978 No 80
Date of assent
 
20 October 1978
Commencement
 
20 October 1978
Note

The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

This Act is administered by the Department of Conservation.

Contents

Title
1Short Title and application
2Interpretation
3Act to bind the Crown
3ADepartment of Conservation to administer marine mammals and sanctuaries
3BGeneral policy
3CConservation management strategies
3DConservation management plans
3EPopulation management plans
3FDetermining maximum allowable level of fishing-related mortality
3GDetermining area-based maximum levels of fishing-related mortality
3HProcedure for preparation and approval of population management plans
4Restrictions on holding or taking marine mammals
5Application for permit
6Grant of permit
7Conditions of permit
8Register of marine mammal permits
9Offence to take marine mammal without permit
10Director-General to be notified of actions taken in respect of marine mammals
11Marine Mammals Officers
12Officers to be provided with subsistence and accommodation
13Powers of search
14Officer may obtain warrant
15Officers, etc, protected from proceedings
16Reporting of accidental death or injury
17Purse seining
18Treatment or disposal of sick or dead marine mammals
19Destruction of diseased captive marine mammals
20No derogation from certain enactments
21Advisory, research, and technical committees
22Marine mammal sanctuaries
23Offences and penalties
23APenalties for offences committed for commercial gain or reward
24Onus of proof in respect of certain offences
25Proceedings in respect of offences
26Defences in respect of certain offences
26ASentence of community work
27Liability for causing officer to incur expense
27AInfringement offences
27BRelationship between infringement offences and other offences
27CProceedings for infringement offences
27DWho may issue infringement notices
27EInfringement notices
27FReminder notices
27GForfeiture for infringement offence
27HPayment of infringement fees
27IPenalties for infringement offences
28Regulations
29Costs of administering Act, receipts
30Amendments, repeals, and revocations
Schedule
Enactments amended
Notes

An Act to make provision for the protection, conservation, and management of marine mammals within New Zealand and within New Zealand fisheries waters