Trade in Endangered Species Act 1989

The Trade in Endangered Species Act 1989 regulates the international trade of endangered, threatened and exploited species. It helps New Zealand meet its obligations under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).

The Act covers the import, export, re-export and introduction from the sea of protected species. It defines 'specimen' broadly to include whole animals or plants, as well as parts and derivatives such as carved bone, ivory, feathers, timber, shells, coral and leather products.

The Act applies to any person or business involved in cross-border trade or movement of specimens covered by the Act. This includes not only specialist wildlife traders but also retailers, manufacturers, collectors, auctioneers and online sellers.

Items are covered regardless of age, condition, or whether they are living or non-living. For example, antiques or decorative items made from protected species are still regulated if they contain listed specimens or derivatives.

Section 9 of the Act sets the main rule: you must not import, export, re-export or introduce from the sea any specimen of a protected species unless you hold the appropriate permit or certificate issued under the Act, except where a specific exemption applies.

Applications for permits or certificates must be made in writing to the Director-General of Conservation before trading. If other laws regulate the same trade, authorisation under those laws must be obtained first.

Permits and certificates are issued for specific applications and specimens. The Director-General may grant or decline applications in whole or in part.

Permits are valid for up to six months unless revoked or surrendered earlier. They are personal to the holder and cannot be transferred or reused for different consignments.

Part 2 of the Act sets out specific exemptions where permits or certificates are not required. These include certificates of acquisition for specimens legally obtained before the Act applied, and personal or household effects in limited circumstances.

Exemptions are not broad and do not automatically apply to non-commercial, educational or display items. Businesses should carefully check if an exemption applies before assuming they are not covered.

At the border, permits or certificates must be presented before export, re-export, import or introduction from the sea to an Endangered Species Officer, usually a Customs officer. Failure to produce the correct documentation can lead to seizure of specimens.

Officers have powers to inspect, examine and seize specimens suspected of breaching the Act. Surrendered items become Crown property but may be returned to the owner upon departure from New Zealand after payment of costs.