2Interpretation
In this Act, unless the context otherwise requires,—
activity includes a trade, business, or occupation
animal means any mammal (not being a domestic animal or a rabbit or a hare or a seal or other marine mammal), any bird (not being a domestic bird), any reptile, or any amphibian; and includes any terrestrial or freshwater invertebrate declared to be an animal under section 7B and any marine species declared to be an animal under section 7BA; and also includes the dead body or any part of the dead body of any animal
aquatic life means any species of plant or animal life which, at any time in the life history of the species, must inhabit water; and includes seabirds (whether or not in an aquatic environment)
associated products means goods or services produced or supplied in association with game bird habitat stamps as part of the game bird habitat stamp programme
bird means any bird, whether native, introduced, or imported, or that has migrated to New Zealand or has arrived in New Zealand and become established there; but does not include any domestic bird
buy includes barter, exchange for consideration, offer to buy, or attempt to buy
close season, with respect to any game, means any period during which the hunting or killing of that game is not expressly permitted, either generally or in any specified district or place
closed game area means a part of a district that is for the time being excluded from the operation of an open season in the district; but does not include a wildlife sanctuary or a wildlife refuge or any area in which the shooting or hunting or killing of animals is prohibited under or pursuant to paragraph (j) of subsection (2) of section 9 of this Act or any other Act
concession or concession document—
- means—granted under section 14AA; and
- a lease; or
- a licence; or
- a permit; or
- an easement—
- a lease; or
- includes any activity authorised by the concession document
concessionaire means a person who is—under section 14AA
- a lessee; or
- a licensee; or
- a permit holder; or
- the grantee of an easement—
conservation management plan means a conservation management plan approved under section 14E
conservation management strategy means a conservation management strategy approved under the Conservation Act 1987
council, in relation to any acclimatisation society, means the governing body of the society, by whatever name it is called
day means a period of 24 hours commencing from midnight
Department means the Department of Conservation
Director means the manager of the New Zealand Fish and Game Council
Director-General means the Director-General of Conservation
domestic animal means any cattle, sheep, horse, mule, ass, dog, cat, pig, or goat; but does not include any such animal that is living in a wild state, or any other animal not referred to in this definition notwithstanding that it may be living in a domestic state
domestic bird means any domestic fowl, duck, goose, or turkey, or any pheasant kept, held, raised, or bred on premises for which the predominant purpose is the sale of pheasant meat or live pheasants for human consumption; but does not include any such bird that is living in a wild state, or any other bird not referred to in this definition notwithstanding that it may be living in a domestic state; and for the avoidance of doubt—
- any pheasant that is fed on any land or premises but is not confined within an enclosure shall be deemed to be living in a wild state:
- any pheasant that is held pursuant to a permit under section 23, section 53, or section 56 for the purposes of liberating at large as game shall be deemed not to be a domestic bird:
- any pheasant which is made available for hunting shall be deemed to be living in a wild state
financial year means the period of 12 months commencing on 1 September and ending with the 31 August next following
firearm means any gun, rifle, or air gun; and includes any kind of weapon or device from which any shot, bullet, arrow, stone, or other missile can be discharged; and shoot has a corresponding meaning
Fish and Game Council means a Fish and Game Council established under section 26P of the Conservation Act 1987
fish and game ranger means a fish and game ranger appointed pursuant to section 26FA of the Conservation Act 1987 or deemed to be appointed under that section
fishing—
- means the catching, taking, or harvesting of fish, aquatic life, or seaweed; and
- includes—
- any activity that may reasonably be expected to result in the catching, taking, or harvesting of fish, aquatic life, or seaweed; and
- any operation in support of or in preparation for any activities described in this definition
- any activity that may reasonably be expected to result in the catching, taking, or harvesting of fish, aquatic life, or seaweed; and
fishing-related mortality means the accidental death or incidental death of any protected species that occurs in the course of fishing
game means all animals and game birds for the time being specified in Schedule 1
game bird habitat stamp means a stamp or mark in a form approved by the Minister under section 19A
game hunting guide means a person whose services are actively promoted or advertised for hire or reward with the express purpose of organising and assisting persons to undertake game hunting
game licence means a licence to hunt or kill game issued by the Department or a Fish and Game Council under regulations made under this Act
human-induced mortality means the death of any marine wildlife that can be attributed directly or indirectly to any human activity
hunt or kill, in relation to any wildlife, includes the hunting, killing, taking, trapping, or capturing of any wildlife by any means; and also includes pursuing, disturbing, or molesting any wildlife, taking or using a firearm, dog, or like method to hunt or kill wildlife, whether this results in killing or capturing or not; and also includes every attempt to hunt or kill wildlife and every act of assistance of any other person to hunt or kill wildlife
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—
- an offence in sections 70B to 70T; or
- an offence against regulations made under this Act that is declared by regulations to be an infringement offence
lease—and lessee has a corresponding meaning
- means—
- a grant of an interest in land that—
- gives exclusive possession of the land; and
- makes provision for any activity on the land that the lessee is permitted to carry out:
- gives exclusive possession of the land; and
- any document purporting to be a lease (whether or not the document gives the lessee exclusive possession of the land concerned) and issued under any enactment passed before the commencement of section 2 of the Wildlife Amendment Act 1996:
- any document purporting to be a lease (whether or not the document gives the lessee exclusive possession of the land concerned) and issued under this Act before the commencement of the said section 2; but
- a grant of an interest in land that—
- does not include a licence referred to in paragraph (b)(ii) of the definition of the term licence;—
licence—and licensee has a corresponding meaning
- means—
- a profit à prendre or any other grant that gives a non-exclusive interest in land; or
- a grant that makes provision for any activity on the land that the licensee is permitted to carry out; and
- a profit à prendre or any other grant that gives a non-exclusive interest in land; or
- includes—
- any document purporting to be a licence (whether or not the licence gives an interest, or makes any provision, referred to in paragraph (a)) and issued under any enactment relating to wildlife that was passed before the commencement of section 2 of the Wildlife Amendment Act 1996; and
- any document purporting to be a licence and purporting to grant an exclusive interest in land, and issued under this Act before the date of commencement of the said section 2 or issued under any other enactment relating to wildlife that was passed before that date; and
- any document purporting to be a licence (whether or not the licence gives an interest, or makes any provision, referred to in paragraph (a)) and issued under this Act before the commencement of the said section 2;—
- any document purporting to be a licence (whether or not the licence gives an interest, or makes any provision, referred to in paragraph (a)) and issued under any enactment relating to wildlife that was passed before the commencement of section 2 of the Wildlife Amendment Act 1996; and
marine species means any species inhabiting or found in or on the sea or foreshore
marine wildlife means any marine species, or individual of a species, defined as wildlife under this Act
Minister means the Minister of Conservation
New Zealand Fish and Game Council means the New Zealand Fish and Game Council established by section 26B of the Conservation Act 1987
New Zealand fisheries waters has the same meaning as in section 2(1) of the Fisheries Act 1996
New Zealand Game Bird Habitat Trust Board or Board means the New Zealand Game Bird Habitat Trust Board established by section 44B
notification means a notice under this Act that is secondary legislation
occupier means,—
- in relation to any land, other than unoccupied land of the Crown, the person by whom or on whose behalf the land is actually occupied, if that person is in occupation by virtue of the fact that he is the owner or one of the owners of the fee simple of the land or of a lease or licence of the land:
- in relation to unoccupied land of the Crown, the Minister for the time being charged with the administration of the department of State that has the control of the land
open season means a period declared under section 15 to be an open season for game
permit, in relation to section 14AA,—and permit holder has a corresponding meaning
- means a grant of rights to carry out an activity for a purpose referred to in that section that does not require an interest in land; and
- includes any authorisation or licence granted before the commencement of this definition that granted similar rights;—
population management plan means a plan approved under section 14F
ranger means a ranger appointed or deemed to be appointed under this Act; and includes a fish and game ranger
sale includes barter and exchange for consideration; and also includes offering or attempting to sell, or receiving for sale, or having in possession for sale, or exposing for sale, or sending or delivering for sale, or causing or allowing to be sold, offered, or exposed for sale; and sell has a corresponding meaning
take, and all references thereto, includes taking, catching, or pursuing by any means or device, and also includes the attempt to take
threatened species means any marine wildlife that is for the time being declared by a notice under subsection (1A) to be a threatened species
wildlife means any animal that is living in a wild state; and includes any such animal or egg or offspring of any such animal held or hatched or born in captivity, whether pursuant to an authority granted under this Act or otherwise; but does not include any animals of any species specified in Schedule 6 (being animals that are wild animals subject to the Wild Animals Control Act 1977)
wildlife district means a wildlife district under this Act
wildlife management reserve means a wildlife management reserve declared under section 14A; and includes any reserve under the Reserves Act 1977 classified as a Government purpose reserve for a wildlife management reserve
wildlife refuge means a wildlife refuge declared under section 14; and includes any reserve under the Reserves Act 1977 classified as a Government purpose reserve for a wildlife refuge
wildlife sanctuary or sanctuary means a wildlife sanctuary declared under section 9; and includes any reserve under the Reserves Act 1977 classified as a Government purpose reserve for a wildlife sanctuary.
- means—granted under section 14AA; and
The Minister, after having regard to any relevant international standards and any relevant standards applying within New Zealand, may from time to time, by notice
, declare any species of marine wildlife to be a threatened species for the purposes of this Act.A declaration under subsection (1A) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
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Compare
- 1921–22 No 57 s 2
Notes
- Section 2(1) activity: inserted, on , by section 2(1) of the Wildlife Amendment Act 1996 (1996 No 2).
- Section 2(1) animal: amended, on , by section 316(1) of the Fisheries Act 1996 (1996 No 88).
- Section 2(1) animal: amended, on , by section 2(1) of the Wildlife Amendment Act 1980 (1980 No 17).
- Section 2(1) aquatic life: inserted, on , by section 316(1) of the Fisheries Act 1996 (1996 No 88).
- Section 2(1) associated products: inserted, on , by section 2(2) of the Wildlife Amendment Act 1993 (1993 No 39).
- Section 2(1) associated products: amended, on , by section 86(1) of the Electronic Interactions Reform Act 2017 (2017 No 50).
- Section 2(1) concession or concession document: inserted, on , by section 2(1) of the Wildlife Amendment Act 1996 (1996 No 2).
- Section 2(1) concessionaire: inserted, on , by section 2(1) of the Wildlife Amendment Act 1996 (1996 No 2).
- Section 2(1) conservation management plan: inserted, on , by section 65 of the Conservation Law Reform Act 1990 (1990 No 31).
- Section 2(1) conservation management strategy: inserted, on , by section 65 of the Conservation Law Reform Act 1990 (1990 No 31).
- Section 2(1) Department: amended, on , by section 65(1) of the Conservation Act 1987 (1987 No 65).
- Section 2(1) Director: inserted, on , by section 2(1) of the Wildlife Amendment Act 1994 (1994 No 109).
- Section 2(1) Director-General: inserted, on , by section 65(1) of the Conservation Act 1987 (1987 No 65).
- Section 2(1) district: repealed, on , by section 65 of the Conservation Law Reform Act 1990 (1990 No 31).
- Section 2(1) domestic bird: replaced, on , by section 168(1) of the Biosecurity Act 1993 (1993 No 95).
- Section 2(1) Fish and Game Council: inserted, on , by section 65 of the Conservation Law Reform Act 1990 (1990 No 31).
- Section 2(1) fish and game ranger: inserted, on , by section 2(1) of the Wildlife Amendment Act 1994 (1994 No 109).
- Section 2(1) fishing: inserted, on , by section 316(1) of the Fisheries Act 1996 (1996 No 88).
- Section 2(1) fishing-related mortality: inserted, on , by section 316(1) of the Fisheries Act 1996 (1996 No 88).
- Section 2(1) game: amended, on , by section 2(1) of the Wildlife Amendment Act 1993 (1993 No 39).
- Section 2(1) game bird habitat stamp: inserted, on , by section 2(2) of the Wildlife Amendment Act 1993 (1993 No 39).
- Section 2(1) game bird habitat stamp: amended, on , by section 86(2) of the Electronic Interactions Reform Act 2017 (2017 No 50).
- Section 2(1) game hunting guide: inserted, on , by section 2(3) of the Wildlife Amendment Act 1996 (1996 No 2).
- Section 2(1) game licence: inserted, on , by section 86(3) of the Electronic Interactions Reform Act 2017 (2017 No 50).
- Section 2(1) human-induced mortality: inserted, on , by section 316(1) of the Fisheries Act 1996 (1996 No 88).
- Section 2(1) infringement fee: inserted, on , by section 65 of the Conservation (Infringement System) Act 2018 (2018 No 61).
- Section 2(1) infringement offence: inserted, on , by section 65 of the Conservation (Infringement System) Act 2018 (2018 No 61).
- Section 2(1) lease: inserted, on , by section 2(1) of the Wildlife Amendment Act 1996 (1996 No 2).
- Section 2(1) licence first definition: inserted, on , by section 2(1) of the Wildlife Amendment Act 1996 (1996 No 2).
- Section 2(1) licence second definition: repealed, on , by section 86(4) of the Electronic Interactions Reform Act 2017 (2017 No 50).
- Section 2(1) marine species: inserted, on , by section 316(1) of the Fisheries Act 1996 (1996 No 88).
- Section 2(1) marine wildlife: inserted, on , by section 316(1) of the Fisheries Act 1996 (1996 No 88).
- Section 2(1) Minister: amended, on , by section 65(1) of the Conservation Act 1987 (1987 No 65).
- Section 2(1) New Zealand Fish and Game Council: inserted, on , by section 2(2) of the Wildlife Amendment Act 1993 (1993 No 39).
- Section 2(1) New Zealand fisheries waters: inserted, on , by section 316(1) of the Fisheries Act 1996 (1996 No 88).
- Section 2(1) New Zealand Game Bird Habitat Trust Board or Board: inserted, on , by section 2(2) of the Wildlife Amendment Act 1993 (1993 No 39).
- Section 2(1) notification: replaced, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
- Section 2(1) open season: replaced, on , by section 2(2) of the Wildlife Amendment Act 1996 (1996 No 2).
- Section 2(1) permit: inserted, on , by section 2(1) of the Wildlife Amendment Act 1996 (1996 No 2).
- Section 2(1) population management plan: inserted, on , by section 316(1) of the Fisheries Act 1996 (1996 No 88).
- Section 2(1) ranger: amended, on , by section 2(2) of the Wildlife Amendment Act 1994 (1994 No 109).
- Section 2(1) Secretary: repealed, on , by section 65(1) of the Conservation Act 1987 (1987 No 65).
- Section 2(1) society: repealed, on , by section 65 of the Conservation Law Reform Act 1990 (1990 No 31).
- Section 2(1) threatened species: inserted, on , by section 316(1) of the Fisheries Act 1996 (1996 No 88).
- Section 2(1) threatened species: amended, on , by section 4 of the Wildlife Amendment Act 2015 (2015 No 39).
- Section 2(1) wildlife: replaced, on , by section 2(2) of the Wildlife Amendment Act 1980 (1980 No 17).
- Section 2(1) wildlife management reserve: inserted, on , by section 2(3) of the Wildlife Amendment Act 1980 (1980 No 17).
- Section 2(1) wildlife refuge: replaced, on , by section 2(4) of the Wildlife Amendment Act 1980 (1980 No 17).
- Section 2(1) wildlife sanctuary or sanctuary: replaced, on , by section 2(4) of the Wildlife Amendment Act 1980 (1980 No 17).
- Section 2(1A): inserted, on , by section 316(1) of the Fisheries Act 1996 (1996 No 88).
- Section 2(1A): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
- Section 2(2): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
- Section 2(2): repealed, on , by section 2(2)(a) of the Wildlife Amendment Act 1964 (1964 No 63).