Wildlife Act 1953

General provisions - Offences and penalties

68B: Defences to offences in respect of marine wildlife

You could also call this:

"Excuses for hurting marine animals that are allowed by law"

If you are not a New Zealand citizen and you are charged with an offence under the Wildlife Act, you can defend yourself if you can prove the offence happened outside New Zealand fisheries waters. If you are a New Zealand citizen, you can also defend yourself if you can prove the offence happened outside New Zealand fisheries waters and did not break any international agreements that have been made into law under section 72 or other laws. You can defend yourself if you can prove the offence was necessary to save human life in an emergency.

If you are charged with killing or injuring marine wildlife, or having it in your possession, you can defend yourself if you can prove it was an accident and you followed the rules in section 63B. You can also defend yourself if you can prove the wildlife was killed or injured, or you had it in your possession, as part of a fishing operation and you followed the rules in section 63B. You can use these defences if the other rules do not apply to your situation.

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This page was last updated on 24 May 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM278504.

Topics:

Environment and resources > ConservationFarming and fishing > Fishing quotas

68AB: Mens rea and strict liability offences, or

"Breaking wildlife laws: when you mean to do wrong and when you don't"

69: Evidence of boundaries, etc, or

"Proving where wildlife areas start and end"

Part 5General provisions
Offences and penalties

68BDefences to offences in respect of marine wildlife

Where any person (not being a New Zealand citizen) is charged with any offence under this Act, it shall be a defence to the charge if the defendant proves that the act or omission constituting the offence took place beyond the outer limits of New Zealand fisheries waters.
Where any New Zealand citizen is charged with any offence under this Act, it shall be a defence to the charge if the defendant proves that the act or omission constituting the offence took place beyond the outer limits of New Zealand fisheries waters and did not contravene any international agreement to which effect had been given by regulations made under section 72 or by any other enactment.
Where any person is charged with an offence against section 63A, it is a defence to the charge if the defendant proves that the act or omission constituting the offence took place in circumstances of stress or emergency and was necessary for the preservation, protection, or maintenance of human life.
Where any person is charged with the killing or injuring or being in possession of any marine wildlife contrary to the provisions of this Act, or any regulations made under it, and the provisions of subsections (1), (2), and (3) do not apply in the circumstances of the case,—
it is a defence to the charge if the defendant proves that the death or injury to such wildlife was accidental or incidental, and that the requirements of section 63B were complied with:
it is a defence to the charge if the defendant proves that the death or injury to, or possession of, such wildlife took place as part of a fishing operation and the requirements of section 63B were complied with.

Notes

Section 68B: inserted, on 1 October 1996, by section 316(1) of the Fisheries Act 1996 (1996 No 88).
Section 68B heading: amended, on 15 October 2000, by section 8 of the Wildlife (Penalties and Related Matters) Amendment Act 2000 (2000 No 43).