Wildlife consent under section 71 of the Wildlife Act 1953

Interacting with wildlife under the Wildlife Act 1953

The Wildlife Act 1953 (‘the Wildlife Act’) sets out when you need an authority to interact with absolutely or partially protected wildlife (‘wildlife’)[¹]. The Wildlife Act applies to wildlife regardless of whether the wildlife is located on or off public conservation land.

Applications are processed by the Permissions Team. If your application is successful, a wildlife authority will be granted to you.

Applications to catch alive and/or kill wildlife

DOC currently receives and processes applications seeking approval to catch and/or kill wildlife. Typically, this approval is sought for construction projects that would disturb wildlife and their habitat. Examples include earthworks for building roads, bridges, rail, subdivisions, and mining works.

Historically, DOC has processed applications to catch and/or kill wildlife under section 53 of the Wildlife Act.  

DOC is currently reviewing how it grants authorities to catch and/or kill wildlife and has identified that certain activities involving the catching and/or killing wildlife should now be processed under section 71 of the Wildlife Act.  

Section 71 of the Wildlife Act 1953

Under section 71 any activity that relates to legislation under Schedule 9 of the Wildlife Act 1953 (ie transport, for the Government Roading Powers Act 1989) and which includes interacting with protected wildlife requires the prior consent of both the Minister of Conservation and the Minister charged with the administration of the Act under Schedule 9.

How to tell if an activity would be applied for under section 71 

An activity would fall under this section (rather than section 53) if: 

• it requires you to interact with wildlife and/or requires you to operate within a wildlife sanctuary[²]; and
• the activity is covered under any Act (or its successors) listed in Schedule 9.

If you are not granted a wildlife consent under section 71, then you are not legally allowed to undertake your activity.

Section 71 and section 53 are mutually exclusive. Therefore, you cannot apply to catch alive and/or kill wildlife under section 53 if your application should be made under section 71.

How to apply 

Authorisation form 9i (PDF, 628K) or (Word, 964K) 

Activities covered under Schedule 9

You should review Schedule 9 of the Wildlife Act to establish if your activity is covered under any of the Acts listed (also see table below).

In instances where legislation referenced under Schedule 9 of the Wildlife Act has been repealed and replaced or you are unsure if your activity is covered, email permissionsupdates@doc.govt.nz for advice to whether section 71 applies.  

How to make a section 71 application

You will need to complete a section 71 application (10h) form. 

Your application should:

• provide a detailed description of the activity you are applying for, including where the activity will take place that includes maps, and for how long. The activity description must explain the relationship with the Acts listed in Schedule 9, including which area of the relevant Act you are empowered to undertake the activity under. For example, under the Government Roading Powers Act 1989, Section 61(4) gives the NZTA the power to do a number of things necessary to construct and maintain in good repair any state highway.
• state the significance of the project and its benefits under the empowering (Schedule 9) Act.
• state what protected wildlife will be impacted and what steps you will take to protect and/or mitigate effects on protected wildlife through an ecological management plan.

Any application must be submitted to DOC at permissions@doc.govt.nz.

Any wildlife activity authorised under section 71 is referred to as a ‘consent’.

Application process

The process is similar to that for processing applications under section 53 except for the following steps:

• a copy of the application is forwarded to the other ministry (ie the Ministry of Transport).
• the DOC Permissions Advisor works with the other ministry to prepare a draft joint Ministerial memo (or joint memo to Ministers’ delegated representatives) and may seek further comment or detail from you as required. Engagement with Treaty Partners is undertaken at this stage.
• the memo and consent are finalised.
• based on the advice contained within the memo, both ministers (or delegated representatives) jointly sign off consent (potentially with conditions which will be discussed with you).

Given that another ministry is involved, the application process will take longer than that under section 53.

Any questions?

If you have any questions about the section 71 process, contact the Permissions Team at permissionsupdates@doc.govt.nz

[1] Under the Wildlife Act, ‘wildlife’ applies to living wildlife, as well as dead wildlife and/or their parts (such as bones and feathers).

[2] Section 2 of the Wildlife Act defines ‘Wildlife Sanctuary’.