26 MARCH
THE NEW ZEALAND GAZETTE
433

(b) Plant or place in or on any land any corn, wheat, barley,
maize, or other grain, or any products of grain, or any
peas or other food and thereafter flood that land to form
an artificial lake, lagoon, or pond.

(2) Where any society has reason to believe that food of any of
the kinds referred to in subsection one of this section has been cast,
thrown, placed, or planted in any place referred to in that sub-
section within the period of one month immediately preceding an
open season for game in that place, the society, with the consent of
the occupier, may erect or affix a notice in, or in the near vicinity
of, that place to the effect that food has been so cast, thrown,
placed, or planted, and on any such notice there shall be displayed
the date of the erection or affixing of that notice. If the occupier
does not consent to the erection or affixing of any such notice, the
society may serve written notice upon him requiring him to inform
all persons entering on his land for the purpose of hunting or
killing game that food has been cast, thrown, placed or planted in
that place.

(3) Every person commits an offence against this Act who
during any open season hunts or kills game in any place—
(a) In which, or in the near vicinity of which, there is a notice
under subsection two of this section erected or affixed
during that open season or within the period of one
month immediately preceding that open season; or
(b) In which the occupier of the land has informed him that
any such food has been cast, thrown, placed, or planted
during that open season or within the period of one month
immediately preceding that open season; or
(c) In which he otherwise knows any such food has been cast,
thrown, placed, or planted during that open season or
within the period of one month immediately preceding
that open season.

(4) Every person commits an offence against this Act who
destroys, defaces, or in any way tampers with any notice erected
or affixed under the provisions of subsection two of this section.

(5) Every person commits an offence against this Act who,
being an occupier of land and having been served with a notice
under subsection two of this section requiring him to inform other
persons that food has been cast, thrown, placed, or planted in any
place on that land, fails to comply with the terms of the notice.

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 other 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 silencing the
report of a shotgun; or
(ii) Any cartridge of a length exceeding two and three
quarter 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 becoming 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 constructed, 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 pro-
pelled 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 constructed), any
vessel (other than a rowboat) in driving, 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 artificially 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 prevent-
ing 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 during
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.

(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 already 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 propagate game or to
buy or sell game held for the purpose of propagating 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.