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Wildlife Act 1953

Miscellaneous

Schedule 1AA: Transitional, savings, and related provisions

You could also call this:

"Rules to Help with Changes to the Wildlife Act 1953"

Illustration for Wildlife Act 1953

You need to know about some rules in the Wildlife Act 1953. These rules are about things that happened before new laws came into effect. They help sort out what is valid and what is not. You might have had permission to kill wildlife under section 53 before the new laws started. If so, that permission is now valid from when it was given. This means you won't get in trouble for things you did with that permission. There are also rules about what happens if you were already in court for something before the new laws started. These rules say that the new laws won't affect what's already happening in court. But if you do something new that's against the law, the new rules will apply. Some of these rules don't apply to a specific court case from 2025. But they will apply if someone gets in trouble for breaking the law after a certain date. This is to make sure everyone knows what the rules are and what they can and can't do.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1439736.

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73: Repeals, savings, and consequential amendments, or

"What happens to old laws and things that were done under them when new laws start"

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Schedule 1: Wildlife declared to be game, or

"Animals and birds that are allowed to be hunted"

1AATransitional, savings, and related provisions Empowered by s 2AA

1Provisions relating to Wildlife (Authorisations) Amendment Act 2025

1Validation of certain authorities

  1. This clause applies to any authority to kill wildlife that was granted or purportedly granted under section 53 before the commencement of the Wildlife (Authorisations) Amendment Act 2025 (whether or not the authority is in force, or has already expired, immediately before that commencement).

  2. An authority to which this clause applies is validated on and from when the authority was granted and to the extent that it would have been invalid for any reason.

Notes
  • Schedule 1AA clause 1: inserted, on , by section 6 of the Wildlife (Authorisations) Amendment Act 2025 (2025 No 22).

2Lawfulness of certain section 53 authorities when section 71 applicable

  1. This clause applies to an authority that was granted or purportedly granted under section 53 before 5 March 2025 (whether or not it is in force, or has already expired, immediately before the commencement of this clause).

  2. An authority to which this clause applies is not unlawful merely because the person to whom the authority was granted, or purportedly granted, required consent under section 71 (rather than an authority under section 53) to carry out an activity authorised or purportedly authorised under section 53.

  3. A person is not to be treated as having committed an offence against section 63, 63A, or 65(1)(f) or (j) merely because the person has done anything without consent under section 71, so long as when the thing was done it was authorised or purportedly authorised by an authority to which this clause applies.

  4. In this clause, doing anything includes causing anything to be done.

Notes
  • Schedule 1AA clause 2: inserted, on , by section 6 of the Wildlife (Authorisations) Amendment Act 2025 (2025 No 22).

3Savings relating to commenced proceedings

  1. Clauses 1 and 2 do not affect any proceedings commenced or in progress before 28 March 2025, or any rights of appeal.

Notes
  • Schedule 1AA clause 3: inserted, on , by section 6 of the Wildlife (Authorisations) Amendment Act 2025 (2025 No 22).

4Effect of clauses 1 and 2 relating to High Court judgment

  1. Clauses 1 and 2 do not—

  2. apply to the authority—
    1. that the Director-General granted or purportedly granted to the New Zealand Transport Agency under section 53 on 22 December 2021; and
      1. that was the subject of Environmental Law Initiative v The Director-General of the Department of Conservation and others [2025] NZHC 391; or
      2. affect any party’s rights of appeal in respect of that judgment.

        1. However, clauses 1 and 2 are to be treated as applying to that authority for the purposes of any proceedings for an offence against section 53(7), 63, 63A, or 65(1)(f) or (j) that are commenced on or after 28 March 2025.

        Notes
        • Schedule 1AA clause 4: inserted, on , by section 6 of the Wildlife (Authorisations) Amendment Act 2025 (2025 No 22).