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THE NEW ZEALAND GAZETTE

METHOD OF TAKING RESTRICTED
Wildlife Act 1953, Section 18
(1) Save as otherwise expressly provided in this Act, no
person shall—
(a) Trap game in any manner whatever or take any game
by means of traps or by any means others than by
shooting with a shotgun:
Provided that a dog may be used in conjunction with
a shotgun for the purpose of finding, flushing, or re-
trieving any game:
(b) Erect or set any trap, net, snare, or other device for
the purpose of taking any game:
(c) Hunt or kill any game with—
(i) Any swivel gun or punt gun; or
(ii) Any rifle; or
(iii) Any automatic, auto-loading, or repeating
shotgun, unless the magazine has been so adjusted
in accordance with regulations under this Act that
the gun is incapable of holding more than two
shells; or
(iv) Any shotgun other than a shoulder gun; or
(v) Any shotgun the gauge of which is greater
than that known as twelve gauge:
(d) Use with any shotgun used for the purpose of hunting
or killing game—
(i) Any apparatus used for the purpose of silenc-
ing the report of a shotgun; or
(ii) Any cartridge of a length exceeding two and
three quarters inches:
(e) In hunting or killing any game from any stand, hide,
shelter, maimai, mudhole, boat, louvre, or other
contrivance, use more than one shotgun:
Provided that any person so engaged may have
one, and not more than one, further shotgun in a
condition not immediately suitable for use and held
for use only in the event of the first shotgun be-
coming damaged or otherwise unfit for use:
(f) For the purpose of hunting or killing any game use—
(i) Any live decoy; or
(ii) More than ten decoys; or
(iii) Any cylinder or mudhole or similar device
in any lake, lagoon, pond, river, estuary, or other
open water, whether natural or artificially con-
structed, unless the sides of the cylinder or mudhole
or device project not less than two feet above the
surface of water; or
(iv) Any aircraft, motor vehicle, or other vehicle
propelled by mechanical power.
Provided that nothing in this subparagraph shall
be deemed to prevent any person from using any
aircraft or vehicle for the purpose of travelling
generally or to any place where he intends to hunt
or kill game or of returning from any such place;
or
(v) On any lake, lagoon, pond, river, estuary, or
other water (whether natural or artificially con-
structed), any vessel (other than a rowboat) in driv-
ing, chasing, unduly disturbing, putting to flight, or
stalking any game, whether by himself or by any
other person;
Provided that nothing in this subparagraph shall
be deemed to prevent any person from using any
vessel for camping purposes or for the purpose of
travelling generally or to any place where he intends
to kill or hunt game or of returning from any such
place, or, subject to the foregoing provisions of this
paragraph and to the provisions of subparagraph (vi)
of this paragraph, to prohibit shooting from a moored
vessel or to prohibit the use, of any vessel for the
purpose of retrieving game that has been killed or
wounded:
(vi) Any unmoored floating stand, hide, shelter,
maimai, or louvre, or any unmoored boat artifici-
ally dressed or covered in any way:
(g) By any means spread oil on any water for the purpose
of hunting or killing any game or for the purpose
of preventing game from alighting on that water or
any part thereof:
(h) Use any light for the purpose of hunting or killing any
game.
(2) For the purposes of paragraph (f) of subsection one
of this section—
“Decoy” includes any dead game that is so placed or
arranged as to simulate the appearance of live game:
“Row boat” means any vessel that for the time being is
wholly propelled by oars or paddles or poles:
“Vessel” includes any launch, boat, canoe, punt, or other
similar craft, whether propelled by mechanical power
or not.

LICENCES

Wildlife Act 1953, Section 19
(1) No person shall hunt or kill game of any species dur-
ing an open season in any district unless he is the holder
of a licence under this Act to hunt or kill game of that
species available in that district during that season.
(2) Except as provided in subsection three of this section,
every person commits an offence against this Act who, not
being the holder of such a licence, hunts or kills any game
during any open season.

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(3) Notwithstanding anything in the foregoing provisions
of this section, the occupier of any land, and the wife or
husband and any one son or daughter of the occupier, may,
during an open season, hunt or kill on that land without a
licence (but subject to all other restrictions imposed by or
under this Act) any game that may lawfully be hunted or
killed under a licence in the district within the boundaries of
which that land is situated.

Wildlife Act 1953, Section 20
Nothing in any licence to hunt or kill game shall authorise
the holder to hunt or kill game on any land actually and ex-
clusively used by any society for the purposes of this Act
or on any wildlife sanctuary, wildlife refuge, or closed game
area or on any public domain or recreation reserve within
the meaning of the Reserves and Domains Act 1953 or on
any reserve within the meaning of Part IV of the Reserves
and Domains Act 1953.

Wildlife Act 1953, Section 21
Except as otherwise expressly provided in this Act, nothing
in any licence or other authority under this Act shall entitle
the holder to enter upon any land without the consent of the
occupier of the land.

SHOOTING OF GAME NOT IN FLIGHT PROHIBITED
Wildlife Act 1953, Section 22
(1) Subject to the provisions of sections fifty-three and
fifty-four of this Act, no person shall shoot at or attempt
to shoot at any game bird not in flight:
Provided that nothing in this section shall prohibit the
killing by shooting when not in flight of any game bird al-
ready wounded by shooting.
(2) For the purposes of this section—
(a) A bird shall be deemed to be not in flight at any time
when it is alighting on or rising from any water or
land or any vegetation or structure in or on any
water or on any land and any part of the bird is in
contact with the water or land or vegetation or
structure:
(b) Subject to paragraph (a) of this subsection, a bird
shall be deemed to be in flight at all times when it
is airborne including times when it is soaring or
banking or swooping, and whether its wings are in
motion or not.
(Sections 53 and 54 of the Act referred to in (1) above
empowers the Secretary to, among other things, authorise the
taking or killing of game for certain purposes during the
period when it is not otherwise permitted).

SALE OF GAME OR EGGS OF GAME PROHIBITED
Wildlife Act 1953, Section 23
(1) Except with the prior consent of the Secretary, no
person shall—
(a) Buy or sell any game or the eggs of any game:
(b) For sale or for hire, gain, or reward, or hope thereof,
hunt or kill any game or have any game or the eggs
of any game in his possession:
(c) Induce any other person to hunt or kill game for the
purposes of sale or have any game or the eggs of
any game in his possession for the purposes of sale.
Provided that it shall be lawful for any person, pursuant
to the prior written authority of the Secretary, and subject
to such conditions as may be prescribed therein, to propo-
gate game or to buy or sell game held for the purpose of
propogating game or reared pursuant to any such authority,
or to take and sell or to buy the eggs of any game to which
any such authority relates.

SALE OF SHOOTING RIGHTS PROHIBITED
Wildlife Act 1953, Section 23
(2) No person shall sell or let for fee or reward any right
to hunt or kill game on any land or on any water on or ad-
joining any land.
(3) Where any person for rent or other valuable considera-
tion grants a lease or licence of any duration of land on which
or on water adjoining which game is usually prevalent, he
shall be deemed for the purposes of subsection two of this
section to have let the right to hunt or kill game on that
land or on that water, as the case may be, if the Court,
having regard to all the circumstances of the case, is satisfied
that the sole or principal purpose of the lease or licence was
to confer on the lessee or licensee the right to hunt or kill
game on that land or water.

DISTURBING STOCK
Statutes Amendment Act 1947, Section 66 (1)
(1) Every person commits an offence and is liable to a fine
of fifty pounds who, without the authority of the occupier,
goes upon any private land with dog or firearm and disturbs
any stock depastured thereon.