Thread: Poaching, let's get this straight

Originally Posted by Dundee

I can shoot a 4 inch Target from one side of the ranch to the other. You would want to be 3inches or less to attempt that Wirehunt

That dos'nt count mate your ranch is tiny

Poaching is theft

Originally Posted by gimp

Semantics aside I don't believe there is any legal offence defined as poaching in Mew Zealand so it's something of a moot point

What's the charge if they catch someone doing it then ? Illegal hunting ?

Originally Posted by Wirehunt

If I went and whipped half of Dundee's cows what would that be called?

I believe that would be called "rustling" and that may well still be a capital offence in our laws, these days people are not charged with it, but instead a lesser charge is brought.

Originally Posted by ebf

What's the charge if they catch someone doing it then ? Illegal hunting ?

Armed trespass? Spotlighting would open you to charges of loaded firearm in a vehicle etc. Shooting/stealing stock I'm unsure. I don't think there's any specific offence directly related to the shooting of a wild animal on private land without permission, rather just being there without permission is the offence.

In this case it would be 'Aggravated Burglary' and 'Using a Firearm to Commit an Offence'. There could be other more specific charges but these are just off the top of my head.

Originally Posted by gimp

Armed trespass? Spotlighting would open you to charges of loaded firearm in a vehicle etc. Shooting/stealing stock I'm unsure. I don't think there's any specific offence directly related to the shooting of a wild animal on private land without permission, rather just being there without permission is the offence.

You need to be issued with a trespass notice or verbally trespassed before you can be trespassing. It could easily be 'Unlawfully on Property'. Loaded firearm in a vehicle is a minor offence under one of the Land Transport Acts and only carries a $150 ticket if I remember correctly. Killing stock is Wilful damage at a minimum.

Just found this

Crimes Act 1961 Section 221
Theft of animals
Every one commits theft if he or she kills any animal that is the property of any other person with intent to steal the carcass, skin, or plumage, or any other part, of the animal.

Penalty

Section 223
Punishment of theft
Every one who commits theft is liable as follows:
(a)in the case of any offence against section 220, to imprisonment for a term not exceeding 7 years; or
(b)if the value of the property stolen exceeds $1,000, to imprisonment for a term not exceeding 7 years; or
(c)if the value of the property stolen exceeds $500 but does not exceed $1,000, to imprisonment for a term not exceeding 1 year; or
(d)if the value of the property stolen does not exceed $500, to imprisonment for a term not exceeding 3 months.

Learn something new even on holiday, even though the definition of theft covers animals anyway.

If a wild animal is on your land does that mean you own it? Is that why you don't need a duck shooting licence if its on your own land?

Originally Posted by Toby

If a wild animal is on your land does that mean you own it? Is that why you don't need a duck shooting licence if its on your own land?

Very good question Toby

The crown say they own wild animals, i say no one does

So to take a wild animal with a firearm on private land is tresspassing and?????? No theft involved

No you don't Toby, and in fact are required to do something about killing it if it's on the feral list (everything here is) The only hazy part to that is goats.

It's only trespassing when you've had notice served. And that can't be done the first time you are caught.

So you're saying hunting on other peoples farms is legal until you get caught and served a trespassing notice so long as you're hunting wild animals when on their land of course. If you were shooting domestic animals it's theft?