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Wildlife Act 1953

Protection of wildlife

8: Alteration of schedules

You could also call this:

"The Governor-General can change the lists of protected wildlife in New Zealand."

The Governor-General can change the lists of wildlife in the Wildlife Act by making an Order in Council. You can think of an Order in Council like a special kind of rule that the Governor-General makes. The Governor-General can add wildlife to a list, move wildlife from one list to another, or remove wildlife from all lists. If wildlife is removed from all lists, it will be fully protected under the Act. The Governor-General can also decide that a type of animal is no longer considered wildlife.

When the Governor-General makes an Order in Council, it can apply to the whole of New Zealand or just to certain parts, and it can be for a specific period of time. The Order in Council will have the effect that it says it will have. For example, it might say that the Department is in charge of certain wildlife in areas that do not have a Fish and Game Council, or that people need a game licence to hunt or kill that wildlife. The Order in Council might also say that people have to pay a fee for the game licence, and that the fee goes into a Crown Bank Account.

An Order in Council is a type of secondary legislation, which means it is a rule made under an Act of Parliament. To learn more about secondary legislation, you can look at Part 3 of the Legislation Act 2019.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM277207.

Topics:
Environment and resources > Conservation
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"Raising certain animals that are not protected by law requires special permission"

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"Special protected areas for animals and plants called wildlife sanctuaries"

Part 1Protection of wildlife

8Alteration of schedules

  1. The Governor-General may from time to time, by Order in Council, declare—

  2. any wildlife not for the time being specified in any schedule of this Act to be included in such of the schedules of this Act as may be specified in the Order in Council:
    1. any wildlife for the time being specified in any schedule of this Act to cease to be included in that schedule and to be included in any other schedule of this Act:
      1. any wildlife for the time being specified in any schedule of this Act to cease to be included in any schedule of this Act, in which case the wildlife shall be deemed to be absolutely protected under this Act:
        1. any species of animal to cease to be wildlife for the purposes of this Act.

          1. Any Order in Council made under the authority of subsection (1) may be expressed to operate throughout New Zealand or in such part or parts of New Zealand and for such period or periods as may be specified in the Order in Council.

          2. Every Order in Council made under the authority of subsection (1) shall have effect according to its tenor, and in particular may provide in the case of any wildlife declared to be game under that subsection for vesting in the Department the control of that game in any area that does not form part of an area under the jurisdiction of a Fish and Game Council, for the issue of game licences to hunt or kill any such wildlife, and for payment to a Crown Bank Account of any fees in respect of those game licences.

          3. An order under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

          Compare
          • 1921–22 No 57 ss 3(2), (5), 5, 8(3)–(6)
          Notes
          • Section 8(3): amended, on , by section 87 of the Electronic Interactions Reform Act 2017 (2017 No 50).
          • Section 8(3): amended, on , pursuant to section 83(7) of the Public Finance Act 1989 (1989 No 44).
          • Section 8(3): amended, on , by section 66 of the Conservation Law Reform Act 1990 (1990 No 31).
          • Section 8(4): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).