Wildlife Act 1953

General provisions - Miscellaneous

72: Regulations

You could also call this:

"Rules to protect wildlife and follow the law"

The Governor-General can make rules to protect wildlife and help the Wildlife Act 1953 work properly. You need to follow these rules when you are dealing with wildlife. The rules can be about things like getting a licence to hunt game, or how to take care of wildlife in special protected areas, which you can find out more about in the Schedule 8 and the Legislation Act 2019.

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Part 5General provisions
Miscellaneous

72Regulations

  1. The Governor-General may from time to time, by Order in Council, make such regulations as he considers necessary or expedient for the protection or control of wildlife or for the due administration of this Act.

  2. Without limiting the general power to make regulations conferred by subsection (1), it is hereby declared that regulations may be made under that subsection for all or any of the following purposes:

  3. prescribing the forms and classes of game licences, and licences to operate as game hunting guides, to be issued under this Act and the fees to be paid therefor, and providing for the issue of those licences and for the disposal of fees for those licences and of fines recovered under this Act:
    1. prescribing the scope and effect of game licences, and licences to operate as game hunting guides, issued under this Act or of any specified class of licences, and providing for licences issued in respect of any district to be available in any other district or districts or in all districts:
      1. providing for the revocation of game licences, and licences to operate as game hunting guides, and for the refusal of the issue of licences in certain cases:
        1. providing for the control of wildlife refuges and closed game areas under this Act, for the protection and wellbeing of any wildlife in wildlife refuges and closed game areas, and, in particular, for the control of access to wildlife refuges and closed game areas and for the prohibition or restriction of the use in wildlife refuges and closed game areas of vehicles or vessels or boats of any description, whether propelled by mechanical power or not, or of aircraft:
          1. providing for the issue and regulating the use of marks of identification to be affixed to any preserved specimens of wildlife or any part thereof taken pursuant to a licence or other authority under this Act and retained for any purpose:
            1. regulating, restricting, or imposing conditions on the freezing or canning or otherwise preserving of any game and the keeping in any freezing chamber or cool store or the possession thereof when frozen, canned, or otherwise preserved; and providing for the inspection of any freezing chamber, refrigerating works, canneries, or public or privately owned canning plants, and any premises (not being a dwellinghouse) where any game is frozen, canned or otherwise preserved, treated, dressed, or stored:
              1. regulating or prohibiting the sale of wildlife (other than game) or the eggs of any such wildlife, and prescribing the purposes for which moneys arising from any such sale may be used:
                1. providing for the licensing of taxidermists which thereby authorises them to possess absolutely protected wildlife, and prescribing books, registers, or forms to be kept, the particulars to be entered therein, and returns to be furnished by licensed taxidermists:
                  1. providing for the inspection of shops and other premises of bird dealers, and the inspection of any aviaries, pens, runs, cages, or other premises where animals are held or are being transported within New Zealand:
                    1. appointing any specified ports, aerodromes, or other places in New Zealand to be the only ports, aerodromes, or places of export of animals or of the skins, feathers, eggs, flesh, or any other part of animals:
                      1. regulating or prohibiting the sale, possession, or use of any toxic, poisonous, or narcotic substance or gas or of birdlime or other similar substance to hunt or kill or to catch alive any wildlife:
                        1. regulating or prohibiting the purchase and sale of the bones and other parts and the eggs of moa or other species that are generally believed to be extinct:
                                        1. providing for the registration of homing pigeons; and prescribing fees in respect thereof:
                                          1. regulating or prohibiting without the consent of the Director-General the ringing or banding or other marking of any living wildlife, including provisions authorising the Director-General to grant his consent subject to such conditions as he thinks fit and provisions prohibiting the liberation of wildlife unless it has been ringed or banded or marked, and requiring any person taking or killing any such wildlife to return any rings or bands or other marking device to any specified authority:
                                              1. regulating or controlling or prohibiting the lighting of fires on any land under the control of the Minister or vested in the Crown for the purposes of this Act:
                                                1. providing for the conduct of meetings of the Board:
                                                  1. providing for the allowances and expenses to which a Board member is entitled in respect of his or her service as a member of the Board:
                                                    1. prescribing the procedure in respect of applications to the Board for grants and prescribing the criteria to be applied by the Board in considering such applications; and authorising the Board to make any grant subject to conditions imposed by the Board:
                                                      1. providing for the collection and disposal of revenue from game bird habitat stamps and associated products:
                                                        1. prescribing a fee or a scale of fees payable in respect of game bird habitat stamps and the basis on which such fees are payable; and prescribing the persons or bodies to whom such fees are payable:
                                                          1. prescribing fines not exceeding $5,000 for a breach of any such regulation:
                                                            1. prescribing infringement offences for the contravention of regulations made under this Act:
                                                              1. prescribing penalties for infringement offences, which,—
                                                                1. in the case of infringement fees, must not be more than $1,000; and
                                                                  1. in the case of maximum fines, must not be more than twice the amount of the infringement fee for the offence; and
                                                                    1. may be prescribed at different levels for the same offence based on whether the offence relates to absolutely protected, partially protected, or unprotected wildlife:
                                                                    2. prescribing information to be included in infringement notices and reminder notices.
                                                                      1. Without limiting the power to make regulations under subsections (1) and (2), the Governor-General may from time to time, by Order in Council, make regulations for the following purposes:

                                                                      2. for preventing the pollution of any waters by casting or throwing into, or discharging or causing to be put or discharged into, or placing on the bank or margin of, or placing in a position where it is likely to fall or descend or be washed or percolate into, any such waters, any sawdust or sawmill refuse, lime (other than agricultural or slaked lime), sheep dip, flaxmill refuse, oil, chlorinated hydrocarbon pesticide, or any other substance poisonous or injurious to wildlife, the habitat of wildlife, or the food of wildlife:
                                                                        1. prescribing offences for breaches of any such regulations, and prescribing—
                                                                          1. a fine not exceeding $10,000 in respect of any such offence; and
                                                                            1. in the case of a continuing offence, a further fine not exceeding $1,000 for every day on which the offence has continued.
                                                                            2. Without limiting the power to make regulations under subsections (1), (2), and (2A), the Governor-General may from time to time, by Order in Council, make regulations prescribing the scope and effect of licences to farm, breed, or sell, or capture or dispose of or convey or keep in captivity for the purposes of farming, breeding, or selling, any wildlife specified in Schedule 8, and any fees to be paid therefor, and providing for the issue of those licences and for the disposal of any fees for those licences.

                                                                            3. Regulations made under this section may apply generally throughout New Zealand or within any specified district or in any specified part or parts thereof.

                                                                            4. Notwithstanding anything in section 72(1) or (2), the Minister may by notice,—

                                                                            5. fix the forms (including electronic forms) and classes of game licences:
                                                                              1. fix the scope and effect of game licences or of any specified class of game licences:
                                                                                1. provide for the game licences issued in respect of any district to be available in any other district or districts or in all districts:
                                                                                  1. fix the fees payable for any game licence:
                                                                                    1. fix the fees payable in respect of game bird habitat stamps, the basis on which such fees are payable, and the persons or bodies to whom such fees are payable.
                                                                                      1. Repealed
                                                                                      2. The following are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements):

                                                                                      3. regulations under this section:
                                                                                        1. a notice under subsection (3A).
                                                                                          1. If regulations under subsection (2)(u) authorise the Director-General to grant consents,—

                                                                                          2. a consent under the regulations 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 regulations must contain a statement to that effect.
                                                                                              1. Repealed
                                                                                              2. Repealed
                                                                                              Compare
                                                                                              • 1908 No 87 s 13
                                                                                              • 1921–22 No 57 s 43
                                                                                              • 1936 No 58 s 6
                                                                                              • 1946 No 40 s 4
                                                                                              Notes
                                                                                              • Section 72(2)(a): amended, on , by section 95(1) of the Electronic Interactions Reform Act 2017 (2017 No 50).
                                                                                              • Section 72(2)(a): amended, on , by section 9 of the Wildlife Amendment Act 1996 (1996 No 2).
                                                                                              • Section 72(2)(b): amended, on , by section 95(1) of the Electronic Interactions Reform Act 2017 (2017 No 50).
                                                                                              • Section 72(2)(b): amended, on , by section 9 of the Wildlife Amendment Act 1996 (1996 No 2).
                                                                                              • Section 72(2)(c): amended, on , by section 95(1) of the Electronic Interactions Reform Act 2017 (2017 No 50).
                                                                                              • Section 72(2)(c): amended, on , by section 9 of the Wildlife Amendment Act 1996 (1996 No 2).
                                                                                              • Section 72(2)(h): amended, on , by section 14(1) of the Wildlife Amendment Act 1983 (1983 No 48).
                                                                                              • Section 72(2)(m): repealed, on , by section 21(1) of the Animals Protection Act 1960 (1960 No 30).
                                                                                              • Section 72(2)(n): repealed, on , by section 21(1) of the Animals Protection Act 1960 (1960 No 30).
                                                                                              • Section 72(2)(o): repealed, on , by section 91(3) of the Biosecurity Law Reform Act 2012 (2012 No 73).
                                                                                              • Section 72(2)(p): repealed, on , by section 86(a) of the Conservation Law Reform Act 1990 (1990 No 31).
                                                                                              • Section 72(2)(q): repealed, on , by section 86(a) of the Conservation Law Reform Act 1990 (1990 No 31).
                                                                                              • Section 72(2)(r): repealed, on , by section 86(a) of the Conservation Law Reform Act 1990 (1990 No 31).
                                                                                              • Section 72(2)(s): repealed, on , by section 86(a) of the Conservation Law Reform Act 1990 (1990 No 31).
                                                                                              • Section 72(2)(u): amended, on , by section 65(1) of the Conservation Act 1987 (1987 No 65).
                                                                                              • Section 72(2)(v): repealed (with effect on 1 April 1956), on , by section 2(5) of the Wildlife Amendment Act 1956 (1956 No 5).
                                                                                              • Section 72(2)(wa): inserted, on , by section 5 of the Wildlife Amendment Act 1993 (1993 No 39).
                                                                                              • Section 72(2)(wb): inserted, on , by section 5 of the Wildlife Amendment Act 1993 (1993 No 39).
                                                                                              • Section 72(2)(wc): inserted, on , by section 5 of the Wildlife Amendment Act 1993 (1993 No 39).
                                                                                              • Section 72(2)(wd): inserted, on , by section 5 of the Wildlife Amendment Act 1993 (1993 No 39).
                                                                                              • Section 72(2)(we): inserted, on , by section 5 of the Wildlife Amendment Act 1993 (1993 No 39).
                                                                                              • Section 72(2)(x): amended, on , by section 34(1) of the Conservation (Natural Heritage Protection) Act 2013 (2013 No 89).
                                                                                              • Section 72(2)(y): inserted, on , by section 70 of the Conservation (Infringement System) Act 2018 (2018 No 61).
                                                                                              • Section 72(2)(z): inserted, on , by section 70 of the Conservation (Infringement System) Act 2018 (2018 No 61).
                                                                                              • Section 72(2)(za): inserted, on , by section 70 of the Conservation (Infringement System) Act 2018 (2018 No 61).
                                                                                              • Section 72(2A): inserted, on , by section 3(1) of the Wildlife Amendment Act 1972 (1972 No 116).
                                                                                              • Section 72(2A)(b)(i): amended, on , by section 34(2) of the Conservation (Natural Heritage Protection) Act 2013 (2013 No 89).
                                                                                              • Section 72(2A)(b)(ii): amended, on , by section 34(3) of the Conservation (Natural Heritage Protection) Act 2013 (2013 No 89).
                                                                                              • Section 72(2B): inserted, on , by section 14(2) of the Wildlife Amendment Act 1983 (1983 No 48).
                                                                                              • Section 72(3A): inserted, on , by section 2 of the Wildlife Amendment Act (No 2) 1996 (1996 No 151).
                                                                                              • Section 72(3A): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                                                                                              • Section 72(3A)(a): amended, on , by section 95(1) of the Electronic Interactions Reform Act 2017 (2017 No 50).
                                                                                              • Section 72(3A)(a): amended, on , by section 95(2) of the Electronic Interactions Reform Act 2017 (2017 No 50).
                                                                                              • Section 72(3A)(b): amended, on , by section 95(1) of the Electronic Interactions Reform Act 2017 (2017 No 50).
                                                                                              • Section 72(3A)(b): amended, on , by section 95(3) of the Electronic Interactions Reform Act 2017 (2017 No 50).
                                                                                              • Section 72(3A)(c): amended, on , by section 95(4)(a) of the Electronic Interactions Reform Act 2017 (2017 No 50).
                                                                                              • Section 72(3A)(c): amended, on , by section 95(4)(b) of the Electronic Interactions Reform Act 2017 (2017 No 50).
                                                                                              • Section 72(3A)(d): amended, on , by section 95(5) of the Electronic Interactions Reform Act 2017 (2017 No 50).
                                                                                              • Section 72(3B): repealed, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                                                                                              • Section 72(4): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                                                                                              • Section 72(5): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                                                                                              • Section 72(4): repealed, on , by section 86(b) of the Conservation Law Reform Act 1990 (1990 No 31).
                                                                                              • Section 72(5): repealed, on , by section 11 of the Regulations (Disallowance) Act 1989 (1989 No 143).