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Trade in Endangered Species Act 1989

Offences and infringement offences - Offences

44: Trading in endangered, threatened, or exploited species without permit or certificate

You could also call this:

"It's illegal to trade endangered animals without a permit, and you can get fined or go to prison if you do."

Illustration for Trade in Endangered Species Act 1989

If you trade in endangered species without a permit or certificate, you commit an offence. This includes species that are endangered, threatened, or exploited. You need to get a permit or certificate under the right sections, such as sections 13 to 16, sections 17 to 20, or sections 21 to 24.

If you break the law, you can get in trouble. For endangered species, you could go to prison for up to 5 years or get a fine of up to $100,000. For threatened species, you could go to prison for up to 3 years or get a fine of up to $50,000. For exploited species, you could get a fine of up to $37,500.

Companies can also get in trouble if they break the law. They could get a fine of up to $200,000 for endangered species, up to $100,000 for threatened species, or up to $75,000 for exploited species.

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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=DLM147025.

Topics:
Environment and resources > ConservationCrime and justice > Criminal lawCrime and justice > Police and safety
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43A: Taking and analysis of samples of specimens, or

"Checking if an animal was bred in captivity by taking and testing samples"

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45: Possession of specimens of endangered, threatened, or exploited species, or

"Having endangered animals or plants illegally is against the law"

Part 4Offences and infringement offences
Offences

44Trading in endangered, threatened, or exploited species without permit or certificate

  1. Every person commits an offence who—

  2. trades in any specimen of an endangered species without the appropriate permit or certificate granted under any of sections 13 to 16; or
    1. trades in any specimen of a threatened species without the appropriate permit or certificate granted under any of sections 17 to 20; or
      1. trades in any specimen of an exploited species without the appropriate permit or certificate granted under any of sections 21 to 24.

        1. Every person who commits an offence against subsection (1)(a) is liable on conviction,—

        2. in the case of a natural person, to imprisonment for a term not exceeding 5 years or to a fine not exceeding $100,000, or to both:
          1. in the case of a body corporate, to a fine not exceeding $200,000.

            1. Every person who commits an offence against subsection (1)(b) is liable on conviction,—

            2. in the case of a natural person, to imprisonment for a term not exceeding 3 years or to a fine not exceeding $50,000, or to both:
              1. in the case of a body corporate, to a fine not exceeding $100,000.

                1. Every person who commits an offence against subsection (1)(c) is liable on conviction,—

                2. in the case of a natural person, to a fine not exceeding $37,500:
                  1. in the case of a body corporate, to a fine not exceeding $75,000.

                    Notes
                    • Section 44: substituted, on , by section 9 of the Trade in Endangered Species Amendment Act 1991 (1991 No 100).
                    • Section 44(2): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
                    • Section 44(3): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
                    • Section 44(4): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).