Trade in Endangered Species Act 1989

3: Interpretation

You could also call this:

"What words mean in the Trade in Endangered Species Act 1989"

Illustration for Trade in Endangered Species Act 1989

When you read the Trade in Endangered Species Act 1989, you need to know what some words mean. The Act explains what words like 'aerodrome', 'aircraft', and 'animal' mean. An 'animal' is any living thing, except a human being.

The Act also explains what 'endangered species' and 'threatened species' mean. You can find a list of endangered species in Schedule 1 and a list of threatened species in Schedule 2. The Act says that if a species is endangered, but is bred in captivity or artificially propagated, it is treated as a threatened species.

The Act talks about 'trade' which means exporting, importing, re-exporting, or introducing something from the sea. It also explains what 'export' and 'import' mean, and what a 'vehicle' is - it can be a car, ship, or plane. The Director-General decides which management or scientific authority is responsible for a species.

The Act mentions the Convention which is an international agreement to protect endangered species. It says that if a country is part of the Convention, the management authority of that country is in charge. If a country is not part of the Convention, the competent authorities of that country are in charge.

You should know that the Act applies to all specimens of endangered species, even if they are deemed to be threatened species. This is stated in sections 17 to 20 of the Act.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM145972.


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3Interpretation

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

    aerodrome means any defined area of land or water intended or designed to be used either wholly or partly for the landing, departure, movement, and servicing of aircraft, and includes any buildings, installations, and equipment on or adjacent to any such area used in connection with the aerodrome or its administration

      aircraft means any machine that can derive support in the atmosphere from the reaction of the air

        animal means any member of the animal kingdom, including without limitation any mammal, fish, bird, amphibian, reptile, mollusc, arthropod, or other invertebrate, but does not include human beings

          border infringement offence means an infringement offence specified as a border infringement offence by regulations made under this Act

            Convention means the Convention on International Trade in Endangered Species of Wild Fauna and Flora signed at Washington, DC, on 3 March 1973

              cruel treatment, in relation to any animal, means the infliction upon the animal of pain or suffering that in its kind or degree, or in its object, or in the circumstances in which it is inflicted, is unreasonable or unnecessary

                Department means the Department of Conservation

                  Director-General means the Director-General of Conservation

                    dwellinghouse means any building or part of a building that is suitable for residential accommodation of any kind; and includes every garage, shed, and other building used in connection therewith, but does not include the land appurtenant to a dwellinghouse

                      endangered species means any species endangered by trade, being the species specified in Schedule 1

                        exploited species means any species exploited by trade, being the species specified in Schedule 3

                          export means the shipment of any specimen in any vehicle to a country outside New Zealand; but does not include the re-export of any specimen or the shipment in transit of any specimen outside New Zealand

                            import means the shipment of any specimen in any vehicle into the territorial limits of New Zealand; but does not include the introduction from the sea of any specimen or the shipment in transit of any specimen into the territorial limits of 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 section 50A; or
                                  1. an offence against regulations made under this Act that is declared by regulations to be an infringement offence

                                    introduce from the sea means introduce into New Zealand a specimen from any marine environment not under the jurisdiction of any country

                                      management authority means,—

                                      1. in relation to New Zealand, the Director-General; and
                                        1. in relation to any other country, the management authority appointed by that country for the purposes of the Convention

                                          Minister means the Minister of Conservation

                                            officer means an Endangered Species Officer declared or appointed as such under section 35

                                              personal or household effect means any article of household or personal use or ornament

                                                plant means any angiosperm, gymnosperm, fern, or fern ally; and includes any moss, liverwort, alga, including cyanophyte, lichen, fungus, or related organism

                                                  port means any defined area of land and water intended or designed to be used either wholly or partly for the berthing, departure, movement, and servicing of ships; and includes any buildings, installations, and equipment on or adjacent to any such area used in connection with the port or its administration

                                                    re-export means the export of any specimen that has previously been imported, whether or not in the same form as at the time of its importation

                                                      scientific authority means a scientific authority specified in section 7

                                                        ship means any kind of vessel used in navigation, not propelled by oars only

                                                          species means any species, subspecies, variety, form, or geographically separate population thereof

                                                            specimen means—

                                                            1. any animal or plant, whether alive or dead; or
                                                              1. any recognisable part or derivative thereof

                                                                threatened species means any species threatened by trade, being the species specified in Schedule 2

                                                                  trade means export, import, re-export, or introduce from the sea

                                                                    vehicle means any means of transport, whether or not self-propelled, that may travel by land, sea, or air; and includes any aircraft or ship.

                                                                    1. Every specimen of an endangered species,—

                                                                    2. in the case of an animal, bred in captivity; or
                                                                      1. in the case of a plant, artificially propagated—
                                                                        1. shall, for the purposes of this Act, be deemed a specimen of a threatened species.

                                                                        2. Any reference to the appropriate management or scientific authority shall mean the management or scientific authority determined by the Director-General to have statutory responsibility for or the scientific competence to comment on the species under consideration.

                                                                        3. Any reference to the relevant authority of a country shall be read as a reference,—

                                                                        4. where the country is a party to the Convention, to the appropriate management authority of that country; or
                                                                          1. where the country is not a party to the Convention, to the competent authorities of that country within the meaning of Article X of the Convention.
                                                                            1. For the avoidance of doubt, it is declared that sections 17 to 20 apply to specimens of endangered species that are deemed, by virtue of subsection (2), to be specimens of threatened species.

                                                                            Notes
                                                                            • Section 3(1) border infringement offence: inserted, on , by section 44 of the Conservation (Infringement System) Act 2018 (2018 No 61).
                                                                            • Section 3(1) infringement fee: inserted, on , by section 44 of the Conservation (Infringement System) Act 2018 (2018 No 61).
                                                                            • Section 3(1) infringement offence: inserted, on , by section 44 of the Conservation (Infringement System) Act 2018 (2018 No 61).
                                                                            • Section 3(5): added, on , by section 2 of the Trade in Endangered Species Amendment Act 1998 (1998 No 17).