Conservation Act 1987

Miscellaneous

40: Powers of warranted officers

You could also call this:

"What powers do conservation officers have to enforce the law?"

If you are a warranted officer, you have certain powers. You can seize things like plants, animals, or fish that you think have been taken illegally. You can also stop vehicles or ships if you think they are being used to break the law. You can search these vehicles or ships, and any containers or bags they are carrying, if you have a good reason to think they are being used to break the law.

As a warranted officer, you can enter land or buildings to investigate something you think might be an offence against the Conservation Act. You can also enter vehicles, ships, or aircraft if you think they are being used to break the law. The provisions of Part 4 of the Search and Surveillance Act 2012 apply, except for subpart 3.

If you are a warranted officer, you can ask for help from anyone over 18 years old if you need it to do your job. You can also seize things like animals or plants if you think they have been involved in a crime against the Conservation Act, as stated in section 59.

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This page was last updated on 24 May 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM106658.

Topics:

Environment and resources > ConservationCrime and justice > Police and safety

39: Other offences in respect of conservation areas, or

"Breaking rules in protected areas, like closed conservation areas, is against the law"

40A: Power to require information, or

"Officers can ask for your details if they think you broke a conservation rule"

Part 6Miscellaneous

40Powers of warranted officers

Within the district or area for which a warranted officer is appointed, the officer may—
seize any plant, freshwater fish, freshwater fish product, animal, or animal product illegally taken or had in possession, or that the officer reasonably believes to be illegally taken or had in possession:
seize any net, trap, hunting weapon, ammunition, ship, vehicle, aircraft, poison, engine, instrument, appliance, device, fishing gear, or thing, that is being used or is intended to be used or have or has been used in breach of this Act, or that the officer reasonably believes are so being used or have so been used:
seize any bag, container, other article (including any coat or other similar article of clothing) that is being used for the purpose of carrying any plant, freshwater fish, freshwater fish product, animal, or animal product illegally taken or had in possession or that the officer reasonably believes is being so used:
stop any vehicle, riding or pack animal, ship, or other device for carriage or transportation, or any aircraft while on the ground or water, or stop in transit any parcel, package, case, bag, luggage, or other container that is or that the officer reasonably believes to be in the possession of the owner or of any other person (including any carrier or forwarding agent, whether by land, sea, or air), if the officer reasonably believes or suspects that any breach of this Act has been committed by its owner or the person in possession of it, or by any other person, and, in the presence of the owner or person in possession of it, or any servant of either of them, search any such vehicle, animal, ship, aircraft, device, parcel, package, case, bag, luggage, or container:
while in lawful execution of the officer's duty, call upon any person who has attained the age of 18 years to aid or assist the officer when reasonable necessity exists for that assistance; and every person aiding or assisting the officer pursuant to such a call shall while doing so be deemed to be and shall have all the powers of a warranted officer duly appointed under this Act:
at all times, without let or hindrance, in order to investigate something the officer believes on reasonable grounds to be an offence against this Act, or to investigate or apprehend any person the officer believes on reasonable grounds to have committed such an offence,—
1. by any means whatever, enter upon, pass through, or remain on any land (other than a dwellinghouse or the enclosed garden or curtilage of any dwellinghouse) or any hut, tent, caravan, holiday home, or other erection (not being a permanent residence), or any shop, warehouse, factory, bond, store, office, sawmill, or any other premises of any description, or into or upon any lake, river, pond, lagoon, or other water (whether natural or artificially constructed):
2. enter any vehicle, ship, or aircraft that is being used or is intended to be used or has been used in breach of this Act or that the officer reasonably believes is being or is intended to be or has been so used:
3. search any land or any hut, tent, caravan, holiday home, or other erection (not being a permanent residence), or any shop, warehouse, factory, bond store, office, sawmill, or other premises of any description, or any vehicle, ship, or aircraft referred to in subparagraph (ii), or any riding or pack animal, or other device for transportation or carriage found on any land as aforesaid or on any such premises or any lake, river, pond, lagoon, or other water.

The production by a warranted officer of a warrant of appointment shall be sufficient evidence of the officer's appointment.
Any warranted officer may summarily interfere to prevent any offence against this Act, and may require any person found offending to desist from the offence.
Any person who, when required to desist from an offence against this Act, continues the offence, commits a further offence against this Act.
Repealed
Repealed
Any constable or warranted officer who has reason to believe that an offence against this Act has been committed in respect of any animal, animal product, freshwater fish, freshwater fish product, natural or historic resource, or plant may seize it.
In the case of every warranted officer, the provisions of this section are subject to any restrictions or limitations specified in the warrant issued to that person under section 59.
The provisions of Part 4 of the Search and Surveillance Act 2012 (except for subpart 3) apply.

Notes

Section 40(1)(a): amended, on 10 April 1990, by section 23(1)(a) of the Conservation Law Reform Act 1990 (1990 No 31).
Section 40(1)(b): amended, on 10 April 1990, by section 23(1)(b) of the Conservation Law Reform Act 1990 (1990 No 31).
Section 40(1)(c): amended, on 10 April 1990, by section 23(1)(c) of the Conservation Law Reform Act 1990 (1990 No 31).
Section 40(4A): repealed, on 1 October 2012, by section 212(2) of the Search and Surveillance Act 2012 (2012 No 24).
Section 40(4B): repealed, on 1 October 2012, by section 212(2) of the Search and Surveillance Act 2012 (2012 No 24).
Section 40(5): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
Section 40(5): amended, on 10 April 1990, by section 23(3) of the Conservation Law Reform Act 1990 (1990 No 31).
Section 40(6): added, on 10 April 1990, by section 23(4) of the Conservation Law Reform Act 1990 (1990 No 31).
Section 40(7): inserted, on 1 October 2012, by section 212(3) of the Search and Surveillance Act 2012 (2012 No 24).