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Wildlife Act 1953

Administration - Rangers

39F: Power of arrest

You could also call this:

"Rangers can arrest people who break wildlife laws without a warrant and must follow certain rules when doing so."

If you are a ranger, you have the power to arrest someone without a warrant. You can do this if you believe they have broken a law related to protected wildlife, such as those listed in section 67A(2), or if they have broken laws about liberating wildlife, like in section 56(4) or section 63A. You can also arrest someone if you think they are stopping you from investigating these types of crimes.

When you arrest someone, you must tell them who you are and show them proof that you are allowed to make arrests, as stated in section 39E. You must also explain why you are arresting them and tell them that you are using the power given to you by this Act.

If you are not a police officer, you must hand the arrested person over to a police officer as soon as possible, unless you decide to release them first.

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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=DLM7188908.

Topics:
Environment and resources > ConservationCrime and justice > Police and safety
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39E: Certain people to have power of arrest, or

"Some special workers can arrest people to help protect wildlife"

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39G: Application of Search and Surveillance Act 2012, or

"Rangers must follow search and surveillance rules when using certain powers."

Part 3Administration
Rangers

39FPower of arrest

  1. A person authorised under section 39E (an arresting officer) may arrest a person without warrant if—

  2. the arresting officer believes on reasonable grounds that the person has committed or is committing an offence against a provision listed in section 67A(2) (which contains offences in respect of absolutely protected wildlife); or
    1. the arresting officer believes on reasonable grounds that the person has committed or is committing an offence in relation to absolutely protected wildlife against section 56(4) (which relates to liberating wildlife) or section 63A (which relates to hunting, killing, buying, or selling marine wildlife, or robbing or disturbing the nest of marine wildlife); or
      1. the arresting officer believes on reasonable grounds that the person is obstructing the investigation of an offence referred to in paragraph (a) or (b).

        1. At the time of arrest, the arresting officer must, unless it is impracticable to do so,—

        2. identify himself or herself; and
          1. produce evidence that he or she is authorised under section 39E; and
            1. tell the person that the power is being exercised under this Act; and
              1. tell the person the reason for the arrest.

                1. If the arresting officer is not a constable, the arresting officer must deliver the arrested person into the custody of a constable as soon as is reasonably practicable (unless the person is sooner released).

                Notes
                • Section 39F: inserted, on , by section 5 of the Wildlife (Powers) Amendment Act 2017 (2017 No 2).