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Wildlife Act 1953

Protection of wildlife - Wildlife management reserves

14A: Wildlife management reserves

You could also call this:

"Special areas to protect wildlife, created and controlled by the government"

The Governor-General can declare an area to be a wildlife management reserve by Proclamation. You need to know that this can happen if the area is available for the purpose and the occupier agrees, unless it is unoccupied Crown land. The Governor-General can also revoke or amend any such Proclamation.

The Governor-General can impose conditions on a wildlife management reserve. This can be done by Proclamation and the conditions can be about things like what you can and can't do in the reserve. The Proclamation can also allow the Minister or Director-General to grant exemptions from these conditions.

If a Proclamation prohibits or restricts something, you must not do it. If you do, you can commit an offence against the Act and be liable for a penalty, as set out in section 67F(5). The Minister or Director-General can grant exemptions from these prohibitions or restrictions.

A Proclamation under this section is secondary legislation, which means it has to be published in a certain way, as explained in Part 3 of the Legislation Act 2019. If a Proclamation allows exemptions to be granted, the instrument granting the exemption is also secondary legislation, unless it only applies to one or more named persons. The Proclamation must say if exemptions can be granted.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM277256.

Topics:
Environment and resources > ConservationGovernment and voting > Government departments
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"Protected areas for animals and plants"

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14AA: Granting of concessions in wildlife sanctuaries, wildlife refuges, and wildlife management reserves, or

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Part 1Protection of wildlife
Wildlife management reserves

14AWildlife management reserves

  1. Notwithstanding anything to the contrary in the Conservation Act 1987, the Government Railways Act 1949, or any other Act affecting lands of the Crown the Governor-General may from time to time, by Proclamation, declare any area described in the Proclamation and available for the purpose, subject in the case of any land other than unoccupied land of the Crown to the consent of the occupier, to be a wildlife management reserve for the purposes of this Act subject to such conditions as may be specified in the Proclamation; and may in like manner revoke or amend any such Proclamation: provided that—

  2. no Proclamation issued under this subsection shall affect any land of the Crown unless it is issued on the joint recommendation of the Minister of Conservation and the Minister charged with the administration of the department of State having the control of the land:
    1. no Proclamation issued under this subsection shall affect any waters of the sea or of any harbour within the meaning of the Harbours Act 1950 unless it is issued on the joint recommendation of the Minister of Conservation and the Minister of Transport:
      1. no Proclamation issued under this subsection shall affect any land owned or leased by a Fish and Game Council without the consent of that Council:
        1. land held for a public work other than a wildlife management reserve that is required for a wildlife management reserve may be declared to be a wildlife management reserve only pursuant to section 191 of the Public Works Act 1981:
          1. a conservation area within the meaning of the Conservation Act 1987, and any foreshore adjacent to any such area, required for a wildlife management reserve shall be reserved as such pursuant to section 18 of that Act, and thereupon shall be subject to the provisions of this Act relating to wildlife management reserves, but otherwise shall be subject to that Act:
            1. any Proclamation issued under this subsection may be revoked without the consent of the occupier.

              1. Without limiting the general power to prescribe conditions conferred by subsection (1), the Governor-General may from time to time, by Proclamation, impose conditions with respect to any wildlife management reserve in relation to all or any of the matters specified in section 9(2) as if the reference to a wildlife sanctuary in that section were a reference to a wildlife management reserve.

              2. Any prohibition or restriction imposed by a Proclamation under this section may be absolute or conditional, and the Proclamation may authorise the Minister or the Director-General to grant exemptions from any such prohibition or restriction.

              3. Every person commits an offence against this Act and is liable on conviction to the penalty set out in section 67F(5) who does any act that is prohibited by a Proclamation issued under this section, or fails to comply in any respect with any condition imposed in any such Proclamation.

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

              5. If a Proclamation authorises under subsection (3) the granting of exemptions,—

              6. the instrument granting an exemption is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements), unless it applies only to 1 or more named persons; and
                1. the Proclamation must contain a statement to that effect.

                  Notes
                  • Section 14A: inserted, on , by section 6(1) of the Wildlife Amendment Act 1980 (1980 No 17).
                  • Section 14A(1): amended, on , by section 65(1) of the Conservation Act 1987 (1987 No 65).
                  • Section 14A(1) proviso paragraph (a): amended, on , by section 65(1) of the Conservation Act 1987 (1987 No 65).
                  • Section 14A(1) proviso paragraph (b): amended, on , by section 65(1) of the Conservation Act 1987 (1987 No 65).
                  • Section 14A(1) proviso paragraph (b): amended, on , by section 3(1) of the Wildlife Amendment Act 1983 (1983 No 48).
                  • Section 14A(1) proviso paragraph (c): replaced, on , by section 67 of the Conservation Law Reform Act 1990 (1990 No 31).
                  • Section 14A(1) proviso paragraph (d): amended, on , pursuant to section 248(1) of the Public Works Act 1981 (1981 No 35).
                  • Section 14A(1) proviso paragraph (e): replaced, on , by section 65(1) of the Conservation Act 1987 (1987 No 65).
                  • Section 14A(3): amended, on , by section 65(1) of the Conservation Act 1987 (1987 No 65).
                  • Section 14A(4): amended, on , by section 21 of the Conservation (Natural Heritage Protection) Act 2013 (2013 No 89).
                  • Section 14A(4): amended, on , by section 8 of the Wildlife (Penalties and Related Matters) Amendment Act 2000 (2000 No 43).
                  • Section 14A(5): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                  • Section 14A(6): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).