Statutory responsibilities of DOC
The Department of Conservation has the legal responsibility to manage certain aspects of deer farming in New Zealand. The legislative framework the Department operates under is provided by the Wild Animal Control Act 1977, the Deer Farming Notice No. 4. 1986, and the Noxious Animals in Captivity Regulations 1969.
Under the Wild Animal Control Act deer are classed as wild animals, even when held in captivity for the purposes of farming. Section 12A of the Wild Animal Control Act empowers the Minister of Conservation to specify, by Gazette Notice, where the farming of the different species of deer is allowed or prohibited, and to set perimeter fence standards for deer farms. Sections 12A and 12B contain provisions for the management of deer in a safari park or game estate.
The Deer Farming Notice No. 4 1986 is deemed a valid notice made under Section 12A(2) of the Wild Animal Control Act . It sets out the areas where deer farming can occur for the different species. As the Notice has not been updated for nineteen years both the Regulations Review Committee of Parliament, and the Department, believe it is overdue for revision.
The perimeter fence standards for deer in captivity are specified in imperial measurement in the Third Schedule of the Noxious Animals in Captivity Regulations 1969. As these standards have not been updated for thirty six years, and therefore do not reflect current best-practice for deer fence construction, they are also due for revision.
Currently, to farm deer in New Zealand the landowner must:
- ensure deer are farmed only in locations specified in the Deer Farming Notice No. 4 1986;
- ensure the enclosures on their land are suitable to contain deer and prevent their escape;
- comply with any specifications prescribed by the Minister of Conservation e.g. perimeter fence standards;
- notify the Director-General of Conservation of their intention to begin farming deer, and commence deer farming only when written acknowledgement is received from the Director-General of Conservation (this acknowledgement is deemed to be a permit issued under Section 12(3)(a) of the Wild Animal Control Act 1977).
Section 12A(3) of the Wild Animal Control Act 1977 empowers the Minister of Conservation, by Notice in the Gazette, to regulate deer farming by specifying areas and species able to be farmed. However, before doing so the Minister is required to publicly notify his/her intention to give the Notice.