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Trade in Endangered Species Act 1989

Endangered Species Officers

36: Authority to act as officer

You could also call this:

"Being an Endangered Species Officer: what you need to know to use your special powers"

Illustration for Trade in Endangered Species Act 1989

When you are appointed as an Endangered Species Officer under section 35(2), the Director-General gives you a warrant. This warrant says you can use the powers given to officers in this part of the law. The warrant has your full name on it and says what powers you have, which are listed in sections 37 to 39. If you show your warrant, it proves you are an officer and can do things allowed by this law.

If you are also an inspector under the Animals Act 1967, the Ministry of Agriculture and Fisheries Act 1953, or the Plants Act 1970, you can show proof of that instead. You can also show proof that you are a Customs officer appointed under the Customs and Excise Act 2018. When you stop being an officer, you must give your warrant back to the Director-General.

If you do not give your warrant back, you commit an offence against this law.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM146584.

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35: Endangered Species Officers, or

"People who help protect endangered species, like inspectors and Customs officers."

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36A: Power of arrest, or

"Police or special officers can arrest people who break endangered species laws without warning"

Part 3Endangered Species Officers

36Authority to act as officer

  1. The Director-General shall issue to any officer appointed under section 35(2) a warrant authorising the officer to exercise the powers conferred on officers under this Part.

  2. Every such warrant shall contain—

  3. a reference to this section; and
    1. the full name of the officer; and
      1. a reference to the powers set out in sections 37 to 39.

        1. The production by an officer of—

        2. a warrant issued under this section; or
          1. due evidence of the appointment of the officer as an inspector under the Animals Act 1967, or the Ministry of Agriculture and Fisheries Act 1953, or the Plants Act 1970; or
            1. any evidence that the officer is a Customs officer appointed under the Customs and Excise Act 2018—
                1. shall, until the contrary is proved, be sufficient authority for any such officer to do anything authorised by this Part.

              1. Every person appointed under section 35(2) who ceases to hold office as an officer shall surrender to the Director-General the warrant issued to the person under subsection (1).

              2. Every person commits an offence against this Act who fails to comply with subsection (4).

              Notes
              • Section 36(1): amended, on , by section 6 of the Trade in Endangered Species Amendment Act 1991 (1991 No 100).
              • Section 36(3)(c): amended, on , by section 443(3) of the Customs and Excise Act 2018 (2018 No 4).
              • Section 36(3)(c): amended, on , pursuant to section 294(2) of the Customs and Excise Act 1996 (1996 No 27).