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New Zealand law explained for everyone

Trade in Endangered Species Act 1989

Exemptions

34: Certificate of capture in accordance with other treaties

You could also call this:

"Special permit for trading protected marine animals caught under international agreements"

Illustration for Trade in Endangered Species Act 1989

If you trade in marine specimens of threatened species, you might not need to follow some rules. This is if the specimen was taken by a New Zealand ship or a foreign fishing craft licensed under the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977. The specimen must also have been taken according to an international agreement that New Zealand was part of before this law started.

If you bring one of these specimens into New Zealand and want to export it, you need to ask the Director-General for a certificate. The Director-General can give you this certificate if they are satisfied the specimen was taken according to the rules.

The Director-General might talk to other management authorities before making a decision. They will look at whether the specimen was taken by a New Zealand ship or a licensed foreign fishing craft, and whether it was taken according to an international agreement that New Zealand was part of. Some other parts of this law, like sections 9, 10, and 25, also apply to this certificate.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM146579.

Topics:
Environment and resources > ConservationEnvironment and resources > Farming and fishingBusiness > Industry rules
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Part 2Exemptions

34Certificate of capture in accordance with other treaties

  1. Subject to subsection (2), Part 1 shall not apply to trade in any marine specimen of a threatened species that is taken—

  2. by any ship registered in New Zealand or by any foreign fishing craft licensed under the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977; and
    1. in accordance with any international agreement to which New Zealand was a party before the commencement of this Act.

      1. Every person who introduces any such marine specimen into New Zealand and wants to subsequently export that specimen shall apply in writing to the Director-General for a certificate of capture in accordance with other treaties.

      2. The Director-General may, after (if necessary) consultation with the appropriate other management authority, issue a certificate of capture in accordance with other treaties to an applicant if the other management authority is satisfied that the specimen, to which the application relates, was taken—

      3. by any ship registered in New Zealand or by any foreign fishing craft licensed under the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977; and
        1. in accordance with any international agreement to which New Zealand was a party before the commencement of this Act.

          1. For the purposes of this section, sections 9, 10, and 25 shall, with all necessary modifications, apply to a certificate of capture in accordance with other treaties.

          Notes
          • Section 34(1)(a): amended, on , pursuant to section 5(4) of the Territorial Sea and Exclusive Economic Zone Amendment Act 1996 (1996 No 74).
          • Section 34(3)(a): amended, on , pursuant to section 5(4) of the Territorial Sea, and Exclusive Economic Zone Amendment Act 1996 (1996 No 74).