Part 7Offences
60Offences in parks
Every person commits an offence against this Act who, without being authorised by the Minister (the proof of which shall be on the person charged) or by any bylaw made under this Act,—
- causes or allows any animal owned by him or under his control to trespass on any park; or
- takes any animal into or liberates any animal in any park; or
- plants any plant, or sows or scatters the seed of any plant, or introduces any substance that he knows or ought to have known is injurious to plant or animal life, in any park; or
- removes or wilfully damages any, or any part of, any plant, stone, mineral, gravel, kauri gum, protected New Zealand object, or relic in any park; or
- wilfully digs, cuts, excavates, or damages the turf in any park; or
- occupies or uses any land in a park for cultivation or any other purpose; or
- wilfully damages or defaces any fence, building, or apparatus in any park; or
- takes or destroys or wilfully injures or in any manner disturbs or interferes with any native animal or the nest or eggs of any native animal in any park; or
- erects any building, sign, hoarding, or apparatus in any park; or
- conducts in any park any activity for which a concession is required under this Act; or
- in any way interferes with or damages the natural or historic features of any park; or
- contravenes or fails to comply with section 51A.
Every person commits an offence against this Act who—
- when required by notice from the Minister or the Director-General to remove from a park any animal owned by him or under his control, fails to do so within the period specified in the notice; or
- being the driver of any vehicle or the pilot of any aircraft or the person in charge of any boat that is illegally in a park or part of a park, fails or refuses to remove it from the park or part of a park when required to do so by any ranger; or
- without a concession or other right or authority, does or causes to be done any act, matter, or thing for which a concession or other right or authority is required by this Act; or
- unlawfully alters, obliterates, defaces, pulls up, removes, interferes with, or destroys any boundary marks, or any stamp, mark, sign, poster, intentions book, concession, or other right or authority issued by the Minister or the Department.
Every person commits an offence against this Act who uses, receives, sells, or otherwise disposes of any item specified in paragraph (d) or paragraph (h) of subsection (1) knowing it to have been removed unlawfully from any park.
Every person commits an offence against this Act who, without being authorised by the Minister (the proof of which shall be on the person charged),—
- is in possession of any chainsaw or any firearm, trap, net, or other like object in a park; or
- discharges any firearm in a park; or
- from outside a park, shoots at any animal or any other object or thing inside the park with any firearm.
Where any person is found discharging a firearm in contravention of subsection (4), section 61(6) shall apply in respect of that firearm in all respects as if it were illegally in the possession of that person in the park.
Any person convicted of an offence under this section shall, in addition to any penalty for which he may be liable for the offence, be liable to pay the cost of repairing or restoring any damage done to the park, or to any plant or property growing or being in the park in the course of committing such an offence.
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For the purpose of subsection (6), the cost or value shall be assessed by a District Court Judge, and shall be recoverable
in like manner as a fine.
Notes
- Section 60(1)(d): amended, on , by section 35 of the Protected Objects Amendment Act 2006 (2006 No 37).
- Section 60(1)(j): replaced, on , by section 10(1) of the National Parks Amendment Act 1996 (1996 No 4).
- Section 60(1)(l): inserted, on , by section 10(2) of the National Parks Amendment Act 1996 (1996 No 4).
- Section 60(2)(a): amended, on , by section 65(1) of the Conservation Act 1987 (1987 No 65).
- Section 60(2)(c): amended, on , by section 10(3)(a) of the National Parks Amendment Act 1996 (1996 No 4).
- Section 60(2)(d): amended, on , by section 10(3)(b) of the National Parks Amendment Act 1996 (1996 No 4).
- Section 60(7): repealed, on , by section 11(1) of the Conservation (Natural Heritage Protection) Act 2013 (2013 No 89).
- Section 60(8): amended, on , by section 11(2) of the Conservation (Natural Heritage Protection) Act 2013 (2013 No 89).
- Section 60(8): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).