Part 6Miscellaneous
39Other offences in respect of conservation areas
Every person commits an offence against this Act who knowingly, and without the authority of the Minister or the Director-General,—
- enters or remains in any conservation area declared closed by the Minister pursuant to section 13; or
- enters any conservation area with a vehicle, ship, or aircraft, in breach of any prohibition or restriction imposed pursuant to
this Act; or - contravenes or fails to comply with section 17O(2), which relates to activities carried out in conservation areas without a concession; or
- contravenes or fails to comply with section 17ZF, which relates to operating aircraft in conservation areas without a concession or in an emergency or to repair a navigation aid; or
- liberates any animal on any conservation area; or
- causes or allows any cattle, sheep, horse, or other animal of any kind whatever to enter on any conservation area; or
- plants any plant, or sows or scatters the seed of any plant, or, knowing that it is likely to be injurious to plants or animals, introduces any substance, in or on any conservation area; or
- interferes with or damages in any way historic or natural features of or on any conservation area; or
- erects any building, sign, hoarding, or structure, on any conservation area; or
- constructs any apparatus on any conservation area; or
- conducts in any conservation area, any activity for which a concession is required under this Act; or
- takes or removes any gravel, sand, stone, clay, limestone, or other such natural resource, otherwise than in accordance with a concession or some enactment other than this Act.
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Repealed Every person commits an offence against this Act who, knowingly and without reasonable excuse, disposes of any contaminant into or onto any conservation area or in a position where it is likely to spill, drift, or blow onto or percolate or wash onto or into any conservation area.
Every person commits an offence who disturbs, injures, poisons, kills, or detrimentally affects any freshwater fishery, fish spawning ground, or food of freshwater fish in any river, stream, lake, or any other water, by allowing any contaminant to enter into any such water or refuses to remove as much as may be practicable of the contaminant in respect of which the breach arose immediately upon having been ordered to do so by a warranted officer.
For the purposes of this section, a person shall be deemed to allow a contaminant or water containing a contaminant to enter into water if that person places or discharges or causes or permits to be placed or discharged any contaminant or water containing any contaminant, in a position where that contaminant or any other contaminant emanating as a result of a natural process from that contaminant is liable to flow, fall, or descend into, or to be washed or percolate into, or to be carried by wind, tide, or current into, any water.
Where any person is convicted of an offence under subsection (4) that person shall be liable to imprisonment for a term not exceeding 2 years or a fine not exceeding $100,000, or both, and to a further fine of $10,000 per day if the offence is a continuing one; but it is a defence to the charge if the defendant can show that the contaminant was discharged in terms of the conditions of a current discharge permit granted under the Resource Management Act 1991 or was a permitted activity in the relevant regional plan under that Act, and for this purpose it is a sufficient defence to produce a certificate to that effect from the regional council in the area for which the permit was purported to be granted or activity otherwise permitted.
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Repealed Subsection (4) shall apply in respect of any marine and coastal area administered or managed by the Department, and all freshwater in New Zealand.
Notes
- Section 39(1): amended, on , by section 34(1) of the Conservation Amendment Act 1996 (1996 No 1).
- Section 39(1)(b): amended, on , by section 34(2)(a) of the Conservation Amendment Act 1996 (1996 No 1).
- Section 39(1)(ba): replaced, on , by section 5(1) of the Conservation (Natural Heritage Protection) Act 2013 (2013 No 89).
- Section 39(1)(bb): inserted, on , by section 5(1) of the Conservation (Natural Heritage Protection) Act 2013 (2013 No 89).
- Section 39(1)(ca): inserted, on , by section 34(4) of the Conservation Amendment Act 1996 (1996 No 1).
- Section 39(1)(ga): substituted on 13 March 1996, by section 34(5) of the Conservation Amendment Act 1996 (1996 No 1).
- Section 39(1)(h): amended, on , by section 34(2)(b) of the Conservation Amendment Act 1996 (1996 No 1).
- Section 39(2): repealed, on , by section 5(2) of the Conservation (Natural Heritage Protection) Act 2013 (2013 No 89).
- Section 39(3): amended, on , by section 34(6) of the Conservation Amendment Act 1996 (1996 No 1).
- Section 39(4): added, on , by section 22 of the Conservation Law Reform Act 1990 (1990 No 31).
- Section 39(4): amended, on , by section 34(7) of the Conservation Amendment Act 1996 (1996 No 1).
- Section 39(5): substituted, on , by section 34(8) of the Conservation Amendment Act 1996 (1996 No 1).
- Section 39(6): added, on , by section 22 of the Conservation Law Reform Act 1990 (1990 No 31).
- Section 39(6): amended, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
- Section 39(6): amended, on , by section 5(3) of the Conservation (Natural Heritage Protection) Act 2013 (2013 No 89).
- Section 39(6A): repealed, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
- Section 39(7): added, on , by section 22 of the Conservation Law Reform Act 1990 (1990 No 31).
- Section 39(7): amended, on , by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).