Thread: Poaching, let's get this straight

Originally Posted by gadgetman

I was surprised at how they just run through fences. Was hoping to go after some this weekend. Country is a bit hilly and wont be much good trying to get around it in this weather. That and Hurunui District is a bloody long way on a pushbike, especially coming back with a pig on the shoulders.

Anything is possible Gadgetman

Originally Posted by Dundee

Anything is possible Gadgetman

Attachment 23049

Where there is a will there is a way.

Originally Posted by Dundee

Anything is possible Gadgetman

Attachment 23049

I suspect he isn't travelling 200km like that and seems to be missing his rifle and the rest of his kit.

What about taking a short cut across a farm to a place u are aloud to hunt?


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Easter brings out the dickheads around here, although they have had an early start this year, we have had several incidents already in the last few weeks

Except your wrong dogg, laws have been changed since then.

Originally Posted by Wirehunt

Except your wrong dogg, laws have been changed since then.

The changes not included in my link to the consolidated act are not relevant to sdogg73' point. They are
Amendments not yet added

The most recent version of this Act excludes amendments that are not yet in force from:

• Telecommunications (Interception Capability and Security) Act 2013
• Financial Markets (Repeals and Amendments) Act 2013

Originally Posted by Wirehunt

Except your wrong dogg, laws have been changed since then.

From what I read it was amended 2013 but is still law. If I got lost in the jargon and am wrong I'll take it on the chin. I'll vehemently defend everything else I've stated.

Originally Posted by sdogg73

......................if I got lost in the jargon and am wrong I'll take it on the chin. I'll vehemently defend everything else I've stated.

I agree entirely with your sentiments and mention that IMHO, the Wild Animal Control Act also supports you. A link to an appropriate section……….

Wild Animal Control Act 1977 No 111 (as at 28 November 2013), Public Act 9 Ownership of wild animals – New Zealand Legislation

In particular section 3 a

(3)The taking or killing of any wild animal shall be deemed to be unlawful where any person takes or kills the animal—
· (a)while he is on any land without the express authority of the owner or occupier or authority in control of the land,
which of course presumes that you are the owner and have not issued “express authority.”and of course subsections 3 b and d

· (b) by any unlawful means while he is lawfully on any land; or…
· (d) by discharging a firearm into or over or across any land without the authority of the owner or occupier or authority in control of the land.

What about this Kiwi Sapper

And on conviction one could be deemed unfit to hold a FAL

49 Using, discharging, or carrying certain firearms except for some lawful, proper, or sufficient purpose


(1) Every person commits an offence and is liable on conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding $1,000 or to both who, except for some lawful, proper, and sufficient purpose, uses, discharges, or carries anywhere any firearm of the kind known as—

(a) a bolt gun or a stud gun:


(b) a humane killer:


(c) a tranquilliser gun:


(d) a stock marking pistol:


(e) an underwater spear gun:


(f) a flare pistol:


(g) a deer net gun:


(h) a pistol that is part of rocket or line throwing equipment:


(i) a miniature cannon.



(2) In any prosecution for an offence against subsection (1) in which it is proved that the defendant used, discharged, or carried a firearm of a kind described in that subsection, the burden of proving the existence of some lawful, proper, and sufficient purpose shall lie on the defendant.

Section 49(1): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Originally Posted by moonhunt

What about this Kiwi Sapper...................

Sorry moonhunt but I don't understand your perspective as it adds further legislative penalties and support for that which is the majority opinion (including mine ) here.

Am I missing a perspective?

I don't understand myself either

Basically if someone is on your land without permission be it shooting cans /stock or wild animals they are committing an offence or even just being on your land without permission with a firearm

Poaching is too broad it does not cover all aspects

No argument with that. The only point of possible confusion IMHO is when it comes to deciding which piece of legislation to nail the bastards with..............fortunately, we now have a quite a "cunt 'n paste" selection displayed in this thread to assist Constable Plod in making that decision. And there is more not yet pasted. See the 2 as yet non consolidated amendments to the Crimes Act.

No this one.... poaching is not a lawful reason

45 Carrying or possession of firearms, airguns, pistols, restricted weapons, or explosives, except for lawful, proper, and sufficient purpose


(1) Every person commits an offence and is liable on conviction to imprisonment for a term not exceeding 4 years or to a fine not exceeding $5,000 or to both who, except for some lawful, proper, and sufficient purpose,—

(a) carries; or


(b) is in possession of—


any firearm, airgun, pistol, restricted weapon, or explosive.


(2) In any prosecution for an offence against subsection (1) in which it is proved that the defendant was carrying or in possession of any firearm, airgun, pistol, restricted weapon, or explosive, as the case may require, the burden of proving the existence of some lawful, proper, and sufficient purpose shall lie on the defendant.

Compare: 1958 No 21 s 16(1), (3)

Section 45(1): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 45(1): amended, on 1 November 1992, by section 23(1) of the Arms Amendment Act 1992 (1992 No 95).

Section 45(2): amended, on 8 March 1985, by section 2 of the Arms Amendment Act 1985 (1985 No 5).

Look at you cut and pasters go