The Short Title of this Act is “The Animals Protection Act, 1908.”

This Act is a consolidation of the enactments mentioned in the First Schedule hereto, and with respect to those enactments the following provisions shall apply:—

Savings.

In this Act, if not inconsistent with the context,—

The season for taking or killing native and imported game (except deer and godwits) throughout New Zealand shall begin at six o’clock in the morning of the first day of May and close at seven o’clock in the evening of the thirty-first day of July in each year; but if the first day of May falls on a Sunday in any year, then such season shall not begin till the day following:

Provided that, on the written application of any duly registered acclimatisation society, the Governor may by notification further restrict such season in any particular district or portion thereof, but within the respective dates or periods aforesaid, or close such season absolutely within such district or portion thereof. Such notification may apply to all imported or native game or to any particular species, sex, or kind of such game specified therein:

Provided also that, whenever the season is so restricted, the dates fixed for the opening and closing of the season shall be notified in the Gazette not less than four months prior to the first day of May of that year; or when the season is to be wholly closed in any year, then notice to that effect shall be given not later than the tenth day of April in such year.

The season for shooting deer in each district shall be such as is from time to time prescribed by the Governor by notification.

The provisions of this Act imposing fines for taking, buying, selling, exposing for sale, or having in possession any imported game, native game, or protected native birds, except during the times fixed under this Act, shall apply in respect of the said times as the same may be varied or limited hereunder.

The Governor may by notification declare—

No imported game or native game shall be trapped or taken by means of traps, or by any other means than by hunting or shooting; nor shall any trap, net, or snare be erected or set for the purpose of such trapping or taking at any time whatever, except by persons duly authorised under section thirty-two hereof.

No person shall use any cylinder which has a greater depth than two feet six inches and is not open at both ends, for the purpose of taking or killing ducks or other native game in any lake or river.

It shall be unlawful to use, for the purpose of taking or killing any deer, moose, elk, or other animal declared to be imported game, any metal-patched or metal-cased bullet:

Provided that this provision shall not apply to the use of the bullet known as the expansive or mushroom bullet.

Every person who commits a breach of this section is liable to a fine not exceeding ten pounds.

No person shall take or kill, or use any dog or gun for the purpose of taking or killing, any imported game until such person has taken out a license to kill such game under this Act, and paid the fee hereby made payable therefor.

Every person who commits a breach of this section is liable to a fine not exceeding twenty pounds.

The Governor shall appoint, by notification or otherwise, a fit person or fit persons in each district to issue licenses to take or kill imported game (other than deer).

Every such license shall be in the form of the Fourth Schedule hereto, or in such other form as may from time to time be prescribed by regulations, and shall be issued and signed by the person appointed to issue such license, and be dated on the day when the same was actually issued, and be in force during the period specified in the license.

Such license shall be issued upon payment of the fee of one pound.

No person shall sell imported game, or dispose thereof for gain or reward, until he has taken out a license for that purpose and paid the fee therefor.

Every such license shall be issued at the discretion of the Minister, and shall be in the form of the Fifth Schedule hereto, and shall be in force for a period ending on the seventh day after the close of any game season fixed under the powers therein contained.

The forms of licenses set forth in the Fourth and Fifth Schedules hereto shall be used until the same are altered or revoked by regulations made under this Act.

Licenses to sell imported game shall be signed and issued by the same persons as under this Act are authorised to sign and issue licenses to take or kill game.

The fee payable on the issue of a license to sell imported game shall be two pounds.

Every person who sells any imported game without having duly taken out and having in force such license as aforesaid is liable for every such act to a fine not exceeding twenty pounds.

No license to sell imported game shall be issued under this Act to any person appearing to be under the age of sixteen years.

It shall not be necessary in any proceedings under this Act to prove the fact of importation of any imported game into any particular district.

Every person who kills a hen pheasant, or sells, offers for sale, or exposes for sale, or has in his possession, or in any manner disposes of, any dead hen pheasant, or any bird protected under this Act, is liable to a fine for every such act not exceeding ten pounds.

If such person holds a license to take or kill imported game, or to sell imported game, such license shall on conviction become ipso facto void.

Where the chairman of any duly registered acclimatisation society certifies in writing that any lands are actually and exclusively used by such society for acclimatisation purposes, or where any lands are set apart as reserves for native or imported game, then the Governor may by notification direct that such lands shall be excepted from the operation of any licenses issued within the district where such lands are situated respectively:

Provided that all national parks shall be exempted from the operation of all or any licenses issued within the district where such lands are situated respectively.

Every person who takes or kills any native or imported game upon any lands so excepted shall be deemed to be an unlicensed person within the provisions of this Act.

Every person who unlawfully takes and destroys, or wilfully destroys, the eggs of any birds mentioned in the Second, Third, or Sixth Schedule hereto is liable to a fine not exceeding ten pounds.

The Governor may by notification declare that imported birds, not being game of any kind under this Act, may be taken or killed in such part or parts of a district as is described in such notification.

No such imported birds shall be taken or killed in any district except as hereinbefore mentioned.

Every person who commits a breach of this section is liable to a fine not exceeding ten pounds.

No person shall sell any native game, or take or kill any native game for the purpose of sale, without previously taking out a license to sell such game, under a fine not exceeding ten pounds.

Such license may be issued by the like persons, on like conditions, and on payment of the like fee as in the case of a license to sell imported game:

Provided that no person holding a license to sell imported game then in force shall be liable, on taking out a license to sell native game, to pay any further fee during the currency of such first-mentioned license.

Every such license shall be in such form as the Governor may prescribe by notification.

The Governor may from time to time by notification prohibit absolutely, or for such time as he thinks fit, the taking or killing of any bird indigenous to New Zealand, whether the same is native game or not; and every person who fails to observe all or any of the provisions of such notification is liable to a fine not exceeding twenty pounds and not less than five pounds.

Every holder of a license to sell imported game or native game shall keep a book wherein shall be entered the correct name and postal address, and occupation, and number of license (if any) of every person from whom such license-holder purchases any imported game or native game, specifying the number and description of imported game or native game purchased from each such person, and the locality in which such game or native game was killed or taken; and such book shall be open for inspection at all reasonable hours by any constable or Ranger.

No such dealer shall purchase any imported game or native game from any person who does not hold a license to sell game.

No sale of imported game or native game shall take place prior to the first day of June or subsequently to the first day of August in any year.

If the person keeping such book as aforesaid fails to enter the particulars required by the last preceding section, or to otherwise observe the provisions thereof, he shall be liable to a fine not exceeding five pounds.

Any person in bona fide occupation of land, or any son or daughter of such person, or any one person appointed in writing by such first-mentioned person, may take or kill imported game upon any lands so occupied by such first-mentioned person within the periods allowed under this Act without being liable to any penalty for so doing.

Where it appears to the Governor that any imported game or native game is not sufficiently numerous to warrant the sale thereof in any district or part of a district, he may from time to time, on the recommendation of the Minister, by notification prohibit the sale of any such game or native game within such district or part thereof for such period as may be specified in such notification.

The Governor may from time to time by notification declare that any animal or bird mentioned in the Sixth Schedule hereto, or any other animal or bird in addition to those so mentioned, shall be protected absolutely or for a specified time, or that the provisions of this Act or any of them shall apply to such animals or birds, and may limit such notification to any particular district or part of a district specified in such notification.

Every person who fails to observe all or any of the provisions of such notification is liable to a fine not exceeding twenty pounds and not less than five pounds.

The year one thousand nine hundred and ten and every third year thereafter shall be a close season for imported game (other than deer) and native game:

Provided that the Governor may, on the recommendation of the Minister, by notification exclude the Urewera country and other Native districts in New Zealand from the operation of this section so far as the same relates to native game:

Provided also that, on petition by any acclimatisation society, the district under the control of such society may also be exempted from the operation of this section wholly or in part, and either as relates to native game or imported game, or both, as the case may be:

Provided further that where a district or part of a district is exempted as aforesaid the Governor may by notification declare any other year to be a close season within such district or part of a district.

Until otherwise provided by regulations made under this Act, it shall be lawful to kill or take the godwit — known by the native name “kuaka” or “hakakao”—during the months of February, March, and April; but no person shall kill or take any such bird at any other time.

The Governor may by notification declare that any animal or bird, in addition to those mentioned in the Second or Third Schedule hereto, shall come within the provisions thereof relating to imported game or native game, as the case may be.

The Governor may by notification declare that any of the animals or birds mentioned in the Second or Third Schedule hereto, or which have been declared to come within the provisions of “The Animals Protection Act, 1907,” or any Act thereby repealed, or which may be declared to come within the operation of this Act, shall cease to be within its operation in any district or part of any district, or within the whole of New Zealand.

He may in like manner declare that any of the animals or birds declared by this Act to be imported game or native game, or which have been or are hereafter declared to be imported game as aforesaid, shall cease to be deemed imported game or native game within the provisions of this Act.

Nothing in this Act shall prevent the owner of any animal or bird which has been lawfully taken or obtained from keeping the same in confinement or in a domesticated state, or from offering for sale or selling, or from taking or killing, any such animal or bird so kept; and it shall be lawful for any person to buy or offer to buy any such animal or bird.

No person shall sell or offer for sale, or buy or offer to buy, any imported game or native game except during the periods within which it shall be lawful to sell such game or native game, as the case may be; nor shall any imported game or native game, whether such game or native game is frozen, chilled, or otherwise, be held in possession for a greater period than seven days after the close of the season for taking or killing game as fixed under this Act.

Every person who offends against the provisions of this section is liable to a fine not exceeding five pounds.

The provisions of this section apply to game of any species (alive or dead) imported into any district and similar to that existing in such district:

Provided that the Minister may, subject to the provisions of any regulations made under this Act, exempt from the operation of this section any importation of frozen or chilled game for private use and not for sale.

No imported game or native game shall be exported from New Zealand, unless with the written consent of the Minister; and every person who exports or attempts to export any such game or native game without such consent is liable to a fine not exceeding twenty pounds.

The Minister may in writing authorise any acclimatisation society, or the officers or servants of any such society, or any other persons, to catch or take any acclimatised animals or birds, or the eggs of any such birds, for the purpose of distributing, changing, or turning out the same in some other country or in some other part of New Zealand.

Nothing herein shall be deemed to authorise any person to commit a trespass.

No person shall be deemed to be so authorised to catch or to take, or shall catch or take, any animals or birds, or the eggs of such birds, unless he has obtained authority from the Minister as before provided.

No such authority shall in any case have any force or effect for a longer period than three months from the date thereof.

The Minister may in writing authorise any person, or the servants of any such person, at any time to kill or destroy any animals or birds, whether imported game or native game, found on his property and committing any damage or injury:

Provided that the Minister is satisfied that such injury is likely to arise through the presence of such animals or birds.

Except as provided in this Act, no person shall have in his possession any imported game or native game, or the eggs of any birds mentioned in the Schedules hereto, without lawful excuse, the proof whereof shall be on the party charged.

Any such imported game or native game found in the possession of any person shall be presumed to have been taken or killed by such person contrary to the provisions of this Act, until proof to the contrary is given.

No person shall kill or destroy any imported game or native game, or shoot at or attempt to shoot at any imported game or native game, with any swivel gun or punt gun, or use any gun other than a shoulder gun.

No gun shall be used for the purposes aforesaid the bore of which is larger than the size known as number ten at the muzzle, nor shall any gun be used which exceeds ten pounds in weight.

Every person who offends against this provision is liable to a fine not exceeding twenty pounds and not less than five pounds, besides any other penalty he may have incurred.

If any person at any time commits any trespass by entering or being on private land in the search or pursuit of imported game or native game, he is liable to a fine not exceeding five pounds:

Provided that any person charged with any such trespass shall be at liberty to prove by way of defence any matter which would have been a defence to an action at law for such trespass.

Any person found trespassing on private land with gun, or dog and gun, shall prima facie be deemed to be in pursuit of imported game or native game, as the case may be, and subject to the provisions of this Act.

No society, authority, or person shall introduce or import into New Zealand, or turn at large, for the purposes of sport or acclimatisation, or as game, any animal or bird whatever without the consent in writing of the Minister; nor shall any noxious animal, bird, insect, or reptile be introduced or imported into New Zealand without such consent as aforesaid.

It shall be the duty of the master, owner, charterer, and agent of any vessel arriving at any port or place in New Zealand to effectually prevent any snake, scorpion, or other noxious reptile from being landed in New Zealand from such vessel, whether in the cargo or otherwise.

Every person who offends against or fails to comply with any of the provisions of the two last preceding sections is liable to a fine not exceeding fifty pounds and not less than five pounds.

No person shall introduce into New Zealand, or liberate or allow to go at large, or have in his possession, any fox, venomous reptile, or any hawk, vulture, or any beast or bird of prey.

Every person who offends against the provisions of this section is liable to a fine not exceeding two hundred pounds, and in default of payment to be imprisoned for a period of not more than six months.

Every person in pursuit of imported game shall produce his license to any authorised person demanding such production; and any person in pursuit of such game who, on or after such demand, fails so to produce such license, or to give his name or place of residence or address, or who gives a false name or place of residence or address, is liable to a fine not exceeding twenty pounds.

For the purposes of this section “authorised person” includes all Justices and constables, and all Rangers appointed under this Act, the chairman and members of the council or committee of any registered acclimatisation society, the proprietor or occupier of the land on which any person may be found in pursuit of imported game, and all holders of licenses to kill any such game issued under this Act.

In any district under the control of the Department of Tourist and Health Resorts “authorised person” includes any officer of the said Department acting under the written authority of the General Manager of such Department.

The Governor may appoint one or more fit and proper persons to be Rangers in each district, whose duty it shall be to take care that the provisions of this Act are complied with in the district for which he or they may be appointed.

Any Ranger appointed by the Governor under this Act shall have and may exercise within the district for which he is appointed all the powers of a constable, and, in the exercise of his duties as such Ranger, may seize all imported game or native game illegally taken or had in possession, or which he reasonably believes to be so taken or had in possession, and may also seize all nets, guns, engines, instruments, and devices which are being used or are intended to be used contrary to the provisions of this Act.

Any such Ranger may stop in transitu any parcel, package, case, bag, or luggage in possession of the owner, or of any carrier or forwarding agent, whether by land or sea respectively, if he has reason to believe or suspect that any breach of this Act has been committed by such owner.

Such Ranger may, in the presence of such owner or of any forwarding agent, or servant of such carrier or owner, open and search any such parcel, package, case, bag, or luggage; and also may do all such other acts and things as may be necessary in order to see that the provisions of this Act are complied with.

The production by such Ranger of his appointment under the hand of the Governor shall be a sufficient warrant for his so acting in any of the cases aforesaid.

Every person who assaults, resists, or obstructs any Ranger or any person acting by his order or in his aid in the execution of any of the powers conferred on such Ranger by this Act is liable to a fine not exceeding ten pounds.

All fees paid for licenses, and all fines recovered under this Act, shall be paid into the Public Account, and be applied,—

Application thereof.

Provided that in any district under the control of the Department of Tourist and Health Resorts, all such fees and fines derived from that district shall be paid and credited to the vote of the said Department in the same manner as if that Department were a registered acclimatisation society.

All fines imposed by this Act shall be recoverable in a summary way, and any part not exceeding one-half of any fine recovered under this Act may be paid to any person instrumental in procuring any such conviction, in such proportion as the convicting Magistrate or Justices specify.

If any person fails to observe all or any of the provisions of this Act, or does or commits anything contrary to the true intent and meaning thereof, he shall be liable for every such offence, if no other penalty is provided, to a fine not exceeding twenty pounds; and in such cases the minimum fine for breach of any of the provisions of this Act shall be the sum of one pound.

The Governor may from time to time by notification make regulations for the purposes of this Act, not inconsistent therewith,—

Any such regulations may be so framed as to apply to all districts, or to any particular district or part thereof respectively.

Any acclimatisation society may, subject to any regulations made under this Act, register its rules by depositing in the office of the Minister a copy of such rules, signed by the chairman of the society and countersigned by three of the members thereof, and stating the district over which the society desires to have control:

Provided that the rules of a new society shall not be registered in respect of any area within a district already assigned to an existing acclimatisation society, except on petition to the Governor and notice given to such existing society in manner provided by regulations made under this Act.

As soon as conveniently may be after such deposit, a notification thereof shall be gazetted, and the date of such Gazette shall be deemed to be the date of registration.

No amendment of such rules shall have any force or effect until the same has been registered in like manner.

The rules so to be registered shall not be repugnant to this Act, or to any of the laws relating to the importation or protection of animals or birds for the time being in force, and shall be subject to the approval of the Governor in Council.

Every acclimatisation society whose rules are registered under this Act shall thereupon become a body corporate by the name or title named in such rules, and shall have perpetual succession and a common seal, and in its corporate name may hold and dispose of real and personal property, and may sue and be sued, and may recover any moneys due to the corporation, whether by a member thereof or not.

Every acclimatisation society shall, before the twenty-first day of April in each year, forward to the Minister of Finance a full statement of accounts, showing in detail the several receipts and items of expenditure of the society as up to the thirty-first day of March preceding, and such statement shall be accompanied by a balance-sheet duly audited, and shall be published once in some newspaper circulating within the district.

If any acclimatisation society makes default for the space of three months in forwarding such statement and balance-sheet in manner aforesaid, or fails to publish the same as in this Act directed, such society shall not be entitled to receive, nor shall the Minister of Finance pay to such society during such default, any moneys received in respect of fees or fines under this Act; and the Minister of Finance shall be at liberty to pay to any other acclimatisation society or societies in the provincial district all moneys which otherwise would be payable to the society so making default.

For the purposes of this Act the property in all animals and birds in the possession or under the control of any registered acclimatisation society shall be deemed to be absolutely vested in such society:

Provided that in any district administered by the Department of Tourist and Health Resorts the property in all animals and birds in the possession of or under the control of the said Department in that district shall be deemed to be vested in the Minister for the time being in charge of such Department.

Where any registered acclimatisation society turns at large any animals or birds, not indigenous, for the purpose of increase, it shall be the duty of the society forthwith to notify the same in writing to the Minister.

The Governor may by notification declare that the property in every such animal or bird so turned at large and its offspring, and every bird and animal of a like species at large in such district, shall, for the purposes of this Act, be deemed to be vested in the said society absolutely or for any period to be stated in such notification.

Every person who intentionally or negligently shoots, kills, disables, ensnares, or otherwise injures any homing-pigeon is liable on conviction to a fine not exceeding ten pounds.

Every person who intentionally or negligently kills, maims, or in any way injures any homing-pigeon whilst in course of transit by railway, coach, or otherwise from its home to the point from which it is intended to be despatched as a bearer of a message, or whilst being trained, is liable on conviction to a fine not exceeding twenty pounds.

No person shall be liable to a fine under this section unless the owner of the pigeon has been registered as owner thereof with the Chief Postmaster of the postal district in which he resides.

Every person who does any of the acts or things mentioned in subsections one or two hereof is liable to pay to the owner of the pigeon or pigeons shot, killed, disabled, or injured the value of such pigeon or pigeons or the amount of such injury, and the Magistrate before whom any prosecution takes place under this section may, in addition to the fine imposed, direct payment by the defendant to such owner of such damage or the amount of such injury.

The effect of registration under this section shall be to place the pigeons owned by the person so registering at the disposal of the Government and of every officer thereof in carrying messages when the exigencies of the public service require the same.

The fee for registration shall be one shilling, payable annually; and the form of register and of receipt for fees may be fixed by regulations by Order in Council.

All proceedings under this section may be had and taken before a Magistrate under “The Justices of the Peace Act, 1908.”