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Trade in Endangered Species Act 1989

Offences and infringement offences - Offences

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

You could also call this:

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

Illustration for Trade in Endangered Species Act 1989

If you have an animal or plant that is endangered, threatened, or exploited, and you know it was brought into New Zealand illegally, you are committing an offence. You are also committing an offence if you have an animal or plant that is going to be exported from New Zealand illegally. If you do this with an endangered species, you could go to prison for up to 5 years or get a fine of up to $100,000, or both.

If you commit this offence with a threatened species, you could go to prison for up to 3 years or get a fine of up to $50,000, or both. For a company, the fine would be up to $100,000. If you commit this offence with an exploited species, you could get a fine of up to $37,500 as an individual, or up to $75,000 as a company.

You can check the Trade in Endangered Species Amendment Act 1998 and the Criminal Procedure Act 2011 for more information about these laws.

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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=DLM147027.

Topics:
Environment and resources > ConservationCrime and justice > Criminal law
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44: Trading in endangered, threatened, or exploited species without permit or certificate, or

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

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46: Failure to comply with conditions of permit or certificate, or

"Breaking the rules of a permit or certificate for trading endangered species"

Part 4Offences and infringement offences
Offences

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

  1. Every person commits an offence who has in his or her possession, or has under his or her control though under the custody of another, any specimen of an endangered, threatened, or exploited species that he or she knows or has reasonable grounds for suspecting—

  2. has been imported or introduced from the sea into New Zealand otherwise than in accordance with this Act; or
    1. is intended to be exported or re-exported from New Zealand otherwise than in accordance with this Act.

      1. Every person who commits an offence against subsection (1) in respect of a specimen of an endangered species 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) in respect of a specimen of a threatened species 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) in respect of a specimen of an exploited species 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 45: substituted, on , by section 9 of the Trade in Endangered Species Amendment Act 1991 (1991 No 100).
                  • Section 45(1): amended, on , by section 12 of the Trade in Endangered Species Amendment Act 1998 (1998 No 17).
                  • Section 45(2): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
                  • Section 45(3): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
                  • Section 45(4): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).