2Interpretation

1. In this Act, unless the context otherwise requires,—

   activity includes a trade, business, or occupation

   aircraft has the same meaning as in the Civil Aviation Act 2023

   amend, in relation to any conservation management strategy, conservation management plan, freshwater fisheries management plan, or sports fish and game management plan, means any change that does not affect the objectives of the strategy or plan

   Anglers Notice means a notice made under section 26R

   animal means any member of the animal kingdom other than a human being

   animal product means any part of any animal, or any dead animal or part of any dead animal; and includes the nest, excrement, secretion, semen, egg, or foetus, of any animal or dead animal

   aquatic life means any species of plant or animal life (except birds) that must, at any time of the life history of the species, inhabit freshwater; and includes any part of any such plant or animal

   bed means—

   1. in relation to any river, the space of land which the waters of the river cover at its fullest flow without overtopping the banks; and
   2. in relation to a lake, the space of land which the waters of the lake cover at its highest level without exceeding its physical margin

   certified aerodrome means an aerodrome certificated under rules made under the Civil Aviation Act 2023

   common marine and coastal area has the meaning given in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011

   companion dog means a dog certified by the Top Dog Companion Trust as being a companion dog or a dog under training as a companion dog

   concession or concession document—

   1. means—granted under Part 3B; and
      1. a lease; or
      2. a licence; or
      3. a permit; or
      4. an easement—
   2. includes any activity authorised by the concession document

   concessionaire means a person who is—under Part 3B

   1. a lessee; or
   2. a licensee; or
   3. a permit holder; or
   4. the grantee of an easement—

   conservation means the preservation and protection of natural and historic resources for the purpose of maintaining their intrinsic values, providing for their appreciation and recreational enjoyment by the public, and safeguarding the options of future generations

   conservation area means any land or foreshore that is—

   1. land or foreshore for the time being held under this Act for conservation purposes; or
   2. land in respect of which an interest is held under this Act for conservation purposes

   Conservation Board or Board means a Conservation Board established under section 6L

   conservation management plan means a conservation management plan approved under section 14E of the Wildlife Act 1953, section 8 of the Marine Reserves Act 1971, section 40B of the Reserves Act 1977, section 3D of the Marine Mammals Protection Act 1978, or section 17G of this Act

   conservation management strategy means a conservation management strategy approved under section 17F

   contaminant has the same meaning as it has in the Resource Management Act 1991

   controlled dog area means any area declared, by notice published under section 26ZS, to be a controlled dog area

   Crown land has the same meaning as in the Land Act 1948

   customary marine title area has the meaning given in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011

   day means a period of 24 hours beginning at midnight and ending with the following midnight

   declared spawning area means an area declared under section 26ZJA

   Department means the Department of Conservation

   Deputy Director-General means a Deputy Director-General of Conservation

   Director means the manager of the New Zealand Fish and Game Council

   Director-General means the Director-General of Conservation

   effect has the same meaning as it has in section 3 of the Resource Management Act 1991

   Fish and Game Council means a Fish and Game Council established under section 26P

   fish and game ranger means a fish and game ranger appointed pursuant to section 26FA or deemed to be appointed under that section

   fishery means 1 or more stocks or parts of stocks or 1 or more species of freshwater fish or aquatic life that can be treated as a unit for the purposes of conservation or management

   fishery officer means any officer specified as such in section 76 of the Fisheries Act 1983

   fishing—

   1. means the catching, taking, or harvesting of freshwater fish; and
   2. includes—
      1. any other activity that may reasonably be expected to result in the catching, taking, or harvesting of freshwater fish:
      2. any attempt to catch, take, or harvest freshwater fish:
      3. any operation in support of, or in preparation for, any activity described in this definition

   foreshore means such parts of the bed, shore, or banks of a tidal water as are covered and uncovered by the flow and ebb of the tide at mean spring tides

   former Act means the Land Act 1948 or the Forests Act 1949; and includes any enactment repealed by a former Act

   freshwater means—

   1. all waters of rivers, streams, lakes, ponds, lagoons, wetlands, impoundments, canals, channels, watercourses, or other bodies of water whether naturally occurring or artificially made:
   2. all waters of estuaries or coastal lagoons:
   3. all other fresh or estuarine waters where freshwater fish indigenous to or introduced into New Zealand are found:
   4. all waters in the mouth of every river or stream, and the mouth of every river and stream shall be deemed to include every outlet thereof and the seashore between those outlets and the waters of the sea or lying within a distance of 500 metres from any place where at low tide the waters of a river or stream meet the waters of the sea

   freshwater fish means—

   1. all species of Anguillidae Anguilla, Cyprinidae, Eleotridae Gobiomorphus, Galaxiidae, Ictaluridae, Percidae, Poeciliidae, Retropinnidae, and Salmonidae:
   2. all species of Echyridella:
   3. all species of Paranephrops:
   4. Cheimarrichthyidae Cheimarrichthys fosteri:
   5. Geotridae Geotria australis:
   6. Gobiidae Acentrogobius pflaumii:
   7. Microdesmidae Parioglossus marginalis

   freshwater fisheries management plan means a freshwater fisheries management plan approved under section 17K

   game has the same meaning as in the Wildlife Act 1953

   game bird habitat stamp means a stamp in a form approved under section 19A of the Wildlife Act 1953

   game hunting guide has the same meaning as in the Wildlife Act 1953

   guide dog means a dog certified by the Royal New Zealand Foundation of the Blind as being a guide dog or a dog under training as a guide dog

   historic resource means a historic place within the meaning of the Heritage New Zealand Pouhere Taonga Act 2014; and includes any interest in a historic resource

   hunting weapon means a weapon within the meaning of the Trespass Act 1980

   indigenous freshwater fish means any freshwater fish that is indigenous to New Zealand

   infringement fee, in relation to an infringement offence, means the infringement fee for the offence prescribed in regulations made under this Act

   infringement offence means—

   1. an offence in subpart 1 of Part 6A; or
   2. an offence against regulations made under this Act that is declared by regulations to be an infringement offence

   interest, in relation to any land, includes an estate in, and a right over or in respect of, the land; but does not include any right under or in respect of any covenant registered against land

   lake means a body of fresh water whose bed has an area of 8 hectares or more and which is entirely or nearly surrounded by land

   lease—and lessee has a corresponding meaning

   1. means—
      1. a grant of an interest in land that—
         1. gives exclusive possession of the land; and
         2. makes provision for any activity on the land that the lessee is permitted to carry out:
      2. any document purporting to be a lease (whether or not the document gives the lessee exclusive possession of the land concerned) and issued under any former Act:
      3. any document purporting to be a lease (whether or not the document gives the lessee exclusive possession of the land concerned) and purporting to be issued under this Act before the commencement of section 2(2) of the Conservation Amendment Act 1996; but
   2. does not include a licence referred to in paragraph (b)(ii) of the definition of the term licence;—

   licence—and licensee has a corresponding meaning

   1. means—
      1. a profit à prendre or any other grant that gives a non-exclusive interest in land; or
      2. a grant that makes provision for any activity on the land that the licensee is permitted to carry out; and
   2. includes—
      1. any document purporting to be a licence (whether or not the licence gives an interest, or makes any provision, referred to in paragraph (a)) and issued under any former Act; and
      2. any document purporting to be a licence and purporting to grant an exclusive interest in land, and issued under any former Act or issued under this Act before the commencement of section 2(2) of the Conservation Amendment Act 1996; and
      3. any document purporting to be a licence (whether or not the licence gives an interest, or makes any provision, referred to in paragraph (a)) and issued under this Act before the commencement of the said section 2(2);—

   livestock means any ass, cattle, or other browsing animal (not being a deer or goat or a marine mammal, fish, or shellfish), horse, mule, sheep, or swine, of whatever age or sex and whether or not neutered; and includes any animal, of whatever age or sex and whether or not neutered, of a class declared to be livestock for the purposes of this Act by the Governor-General by Order in Council (see subsection (4))

   manawhenua means customary authority exercised by an iwi or hapu or individual in an identified area

   Maori has the same meaning as in Te Ture Whenua Maori Act 1993

   Maori land has the same meaning as in Te Ture Whenua Maori Act 1993

   marginal strip means any strip of land reserved or deemed to be reserved by section 24 or section 24E(3) or section 24G for the purposes specified in section 24C; and includes any part of any such strip

   Minister means the Minister of Conservation

   national park means a national park constituted under the National Parks Act 1980

   natural resources means—and includes any interest in a natural resource

   1. plants and animals of all kinds; and
   2. the air, water, and soil in or on which any plant or animal lives or may live; and
   3. landscape and landform; and
   4. geological features; and
   5. systems of interacting living organisms, and their environment;—

   nature conservation means the preservation and protection of the natural resources of New Zealand, having regard to their intrinsic values and having special regard to indigenous flora and fauna, natural ecosystems, and landscape

   New Zealand Conservation Authority or Conservation Authority or Authority means the New Zealand Conservation Authority established under section 6A

   New Zealand Fish and Game Council means the New Zealand Fish and Game Council established under section 26B

   Nga Whenua Rahui kawenata means an agreement entered into under section 27A

   open dog area means any area declared, by notice published under section 26ZS, to be an open dog area

   operational work plan means an annual operational work plan having effect under section 26Q(3)

   owner, in relation to any dog, means every person who—but does not include any person who has seized or taken custody of the dog under this Act or the Animal Welfare Act 1999 or the National Parks Act 1980 or the Dog Control Act 1996 or any order made under the Dog Control Act 1996 or the Animal Welfare Act 1999

   1. owns the dog; or
   2. has the dog in his or her possession, whether the dog is at large or in confinement, otherwise than for a period not exceeding 72 hours for the purpose of preventing the dog causing injury, damage, or distress, or for the sole purpose of restoring a lost dog to its owner; or
   3. the parent or guardian of a person under the age of 16 years who—
      1. is the owner of the dog pursuant to paragraph (a) or paragraph (b); and
      2. is a member of the parent's or guardian's household living with and dependent on the parent or guardian;—

   permit in relation to Part 3B,—permit holder has a corresponding meaning

   1. means a grant of rights to undertake an activity that does not require an interest in land; and
   2. includes any authorisation or licence granted before the date of commencement of this definition that granted similar rights; and—

   planning document has the meaning given in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011

   plant means any member of the plant kingdom; and includes any alga, bacterium, or fungus, and any part of or seed or spore from any plant

   preservation, in relation to a resource, means the maintenance, so far as is practicable, of its intrinsic values

   private land means any land that—

   1. is Maori land within the meaning of Te Ture Whenua Maori Act 1993; or
   2. has been alienated from the Crown

   protected wildlife means—

   1. any animal for the time being absolutely protected pursuant to section 3 of the Wildlife Act 1953:
   2. any animal for the time being partially protected pursuant to section 5 of the Wildlife Act 1953, other than such an animal in circumstances in which that animal may be hunted or killed under the authority of subsection (2) of that section:
   3. any animal that is a marine mammal within the meaning of the Marine Mammals Protection Act 1978

   protected wildlife vulnerable to dogs means—

   1. any flightless protected wildlife:
   2. any limited-flight protected wildlife:
   3. any protected wildlife that nests (including moulting or breeding), or roosts, upon or in close proximity to the ground:
   4. any protected wildlife that feeds upon or in close proximity to the ground:
   5. any animal that is a marine mammal within the meaning of the Marine Mammals Protection Act 1978

   protection, in relation to a resource, means its maintenance, so far as is practicable, in its current state; but includes—

   1. its restoration to some former state; and
   2. its augmentation, enhancement, or expansion

   Ramsar Administrative Authority means the administering agency that is the Ramsar Administrative Authority for New Zealand, as from time to time advised by the Government of New Zealand to the Ramsar Secretariat

   Ramsar Secretariat means the body responsible for co-ordination of the Convention on Wetlands of International Importance especially as Waterfowl Habitat, done at Ramsar on 2 February 1971

   review, in relation to any conservation management strategy or management plan, means to consider all objectives and policies of those provisions under review and to approve a new strategy or plan, having regard to increased knowledge or changed circumstances; and, for the purposes of this definition, an objective is a statement of intent from which a policy is derived

   sale includes every method of disposition for valuable consideration, including barter; and includes the disposition to an agent for sale on consignment; and also includes offering or attempting to sell, or receiving or having in possession for sale, or exposing for sale, or sending or delivering for sale, or causing or permitting to be sold, offered, or exposed for sale; and also includes disposal by way of gambling; and sell and sold have corresponding meanings

   ship means a ship, boat, hovercraft, raft, or vessel of any other description used, or designed to be used, in navigation

   sports fish means every species of freshwater fish that the Governor-General may declare, by Order in Council, to be sports fish for the purposes of this Act; and any such Order in Council may be expressed to apply to freshwater fish in any specified freshwater or other waters (see subsections (3) and (4))

   sports fish and game management plan means a sports fish and game management plan approved under section 17M

   sports fishing guide means a person whose services are actively promoted or advertised for hire or reward with the express purpose of organising and assisting persons to fish for sports fish

   State forest land means land that—

   1. was, immediately before the commencement of this Act, State forest land within the meaning of the Forests Act 1949; and
   2. has not been vested in a State enterprise under the State-Owned Enterprises Act 1986; and
   3. is not a conservation area

   stewardship area means a conservation area that is not—

   1. a marginal strip; or
   2. a watercourse area; or
   3. land held under this Act for 1 or more of the purposes described in section 18(1); or
   4. land in respect of which an interest is held under this Act for 1 or more of the purposes described in section 18(1)

   taking—

   1. in relation to any plant, includes the breaking, cutting, destroying, digging up, gathering, plucking, pulling up, and removing, of the plant; and to take has a corresponding meaning:
   2. in relation to any fish, means fishing; and takes and to take have a corresponding meaning

   Taupo Fishery means the fishery to which section 14 of the Maori Land Amendment and Maori Land Claims Adjustment Act 1926 relates

   Treaty settlement legislation means an Act that settles the historical claims of iwi or other Māori groups under the Treaty of Waitangi and includes any secondary legislation made under that Act

   vehicle has the same meaning as in the Land Transport Act 1998; but includes any vehicle from which any wheels have been removed

   warranted officer means a person—

   1. who—
      1. is a warranted officer appointed under section 59; or
      2. is a person deemed by section 59(2) or section 59(9) to be a warranted officer for the purposes of this Act; and
   2. is acting on or in respect of any matter or thing arising, situated, or formerly situated in the district, area, or areas for which the person is appointed or is deemed to be a warranted officer

   watercourse area means land for the time being declared to be such an area under section 23

   wild animal has the same meaning as in section 2 of the Wild Animal Control Act 1977; but does not include any animal product derived from a wild animal

   wildlife has the same meaning as it has in the Wildlife Act 1953

   working day means a day of the week other than—

   1. a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, Te Rā Aro ki a Matariki/Matariki Observance Day, and Labour Day; and
   2. if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and
   3. a day in the period commencing on 20 December in any year and ending with 10 January in the following year.

2. In this Act, unless the context otherwise requires, conservation park, ecological area, sanctuary area, or wilderness area, mean an area held for ecological, park, sanctuary, or wilderness purposes under section 18AA(1) or 18(1).

3. For the purposes of this Act, the Governor-General may from time to time, by Order in Council, declare any species to be included in or excluded from the definitions of the terms aquatic life, freshwater fish, or sports fish in subsection (1); and any such declaration may be expressed to apply to any species in any specified areas or waters, or generally throughout New Zealand.

4. The following are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements):

5. an order under the definition of livestock in subsection (1); and
6. an order under subsection (3).