https://www.doc.govt.nz/get-involved/ap ... risations/
As we all know, under the Act:
- It is an offence to ‘hunt or kill’ without an authorisation (and this includes 'pursuing, disturbing, or molesting' any wildlife)
- DOC can authorise a person to ‘catch alive or kill’
Now it turns out that 'catch alive or kill' is not the same as 'hunt or kill'
So, 'disturbing' wildlife is one of the things that can't be done and not one of the things that can be authorised
Also, authoristaions must be for the purpose of protecting and/or controlling wildlife
And the court has determined that 'catch alive or kill' is a deliberate act
Meaning that accidental killing can not be authorised (yay, stop all fishing, stop all road projects!?)
So, you can deliberately kill wildlife (with authorisation), as long as it is for protecting and/or controlling wildlife (not human-centric funsies), and you don't disturb any wildlife in the process, and you don't do it accidentally.
It is never OK to disturb protected wildlife. It's an offence and you can't get authorisation to do it.
Am I being silly?
How about this as an example of silly:
..playing bird sounds to attract gannets, to encourage them to establish breeding colonies. The Court’s decision means this is now seen as ‘disturbing’ the wildlife under the Wildlife Act and is not something a permit can be granted for.
So, one of the key tools that has been used to recover seabirds is out, because it disturbs the birds!
Decoys to attract gannets/shags? Doubt it.
Chumming for seabirds is obviously out. Better hope you only attract unprotected fish if you do.
Pull down that bird feeder in your garden.
I can't wait to see this being enforced on dog-walkers at the beach and roading authorities wanting to chop down bat roosts to make way for SH1!
There is still an appeal with the Supreme Court, and one way or another the Act is obviously going to need to be updated, but at the moment this is how things are.