Plain language law

New Zealand law explained for everyone

Wildlife Act 1953

Game

22: Shooting of game not in flight prohibited

You could also call this:

"Don't shoot game birds that are on the ground or water, only shoot them when they are flying."

If you shoot at a game bird that is not flying, you commit an offence against the Wildlife Act 1953 and can get a penalty as stated in section 67E(3). You do not commit this offence if you shoot a game bird that has already been wounded by shooting. You also do not commit this offence if you have permission under sections 53 or 54, or if you are following a notification from the Minister.

A game bird is considered not in flight when it is landing or taking off from water or land, and is touching the water or land. A game bird is considered in flight when it is in the air, even if it is not moving its wings. This rule helps you understand when you can or cannot shoot at game birds.

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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=DLM277355.

Topics:
Environment and resources > Conservation
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"Get permission before hunting on someone else's land, even with a game licence"

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Part 2Game

22Shooting of game not in flight prohibited

  1. Except as provided in subsection (1A), every person who shoots at or attempts to shoot at any game bird not in flight commits an offence against this Act and is liable to the penalty set out in section 67E(3).

  2. No person commits an offence under subsection (1)—

  3. who shoots at or attempts to shoot at any game bird already wounded by shooting:
    1. where that person was acting in accordance with any authorisation under sections 53 or 54:
      1. where that person was acting in accordance with any notification given by the Minister.

        1. For the purposes of this section—

        2. a bird shall be deemed to be not in flight at any time when it is alighting on or rising from any water or land or any vegetation or structure in or on any water or on any land and any part of the bird is in contact with the water or land or vegetation or structure:
          1. subject to paragraph (a), a bird shall be deemed to be in flight at all times when it is airborne, including times when it is soaring or banking or swooping, and whether its wings are in motion or not.

            Notes
            • Section 22(1): replaced, on , by section 8 of the Wildlife (Penalties and Related Matters) Amendment Act 2000 (2000 No 43).
            • Section 22(1A): inserted, on , by section 8 of the Wildlife (Penalties and Related Matters) Amendment Act 2000 (2000 No 43).