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Wildlife Act 1953

Miscellaneous

Schedule 1AA: Transitional, savings, and related provisions

You could also call this:

"Rules to help when the new wildlife law started in 2025"

You need to know about some rules that apply when the Wildlife (Authorisations) Amendment Act 2025 started. These rules are about authorities to kill wildlife that were granted before the Act started. They are validated from when they were granted.

If you were given an authority to kill wildlife under section 53 before 5 March 2025, it is not unlawful just because you needed consent under section 71 instead. You will not be treated as having committed an offence against section 63, 63A, or 65(1)(f) or (j) if you did something without consent under section 71, as long as you were authorised to do it under section 53.

Some of these rules do not apply to court cases that started before 28 March 2025, or to certain authorities granted under section 53. However, the rules do apply to any new court cases about offences under section 53(7), 63, 63A, or 65(1)(f) or (j) that started on or after 28 March 2025.

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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.

Topics:
Environment and resources > Conservation
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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 declared as game in New Zealand, like certain birds you can hunt"

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).