OIAD 4542 Authorisation 69352 CAP Redacted.pdf

&J  Department of Conservation
Te Papa Atawhat
Wildlife Act Authority for wildlife on non-public
conservation land
Authorisation Number: 6  2-CAP
THIS AUTHORTIY  is made this 7"1 day of August 2018
PARTIES:
Act
The  Director-General  of  Conservation  and  where  required  the  Minister  of
Conservation (the Grantor)
AND
Dunedin City Council (the Authority Holder)
BACKGROUND:
A.
The Director-General of Conservation is empowered to issue authorisations  under
the Wildlife Act 1953.
B.
The Authority Holder wishes to exercise the authorisation issued under the Wildlife
Act 1953 subject to the terms and conditions of this Authority.
Information
OPERATIVE PARTS
In exercise of the Grantor's powers the Grantor AUTHORISES the Authority Holder under
Section  53  of the Wildlife  Act  1953, subject to the terms  and  conditions  contained  in  this
Authori  and its Schedules.
Official
the
under
Witness Name:
Witness Address:
A copy of the Instrument of Delegation may be inspected at the Director-General's office at
Released
18- 2 Manners Street  Wellin  on.
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Authorisation Number: 69352.�
SCHEDULEt
a. Activity - to  obtain  alive, hold in possession and
Authorised activity
transfer  the  absolutely  protected
(including the
wildlife listed under Schedule 4 of this
species, any approved
Authority  for  the  purposes  of  display
quantities and
and advocacy and species management
collection methods).
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b. Quantity  - as  listed  under  Schedule 4  of  this
(Schedule 2, clause 2)
Authority
c.  Method - to obtain alive b  wa  of transfer
Dunedin Botanic Gardens
The Land
12 Opoho Road
2.
(Schedule 2, clause 2)
North Dunedin
Dunedin 9016
Personnel authorised
a.
to undertake the
Information
3.
Authorised Activity
b.
(Schedule 2, clause 3)
c.
Term
4.
Commencing on and including 7 August 2018 and ending
(Schedule 2, clause 4)
on and including 6 August 2028
The Authority Holders address in New Zealand is:
Authority Holder's
Official
50 The Octagon
5.
address for notices
(Schedule 2, clause 8)
Dunedin Central
Dunedin 9058
the
The Grantor's address for all correspondence is:
6.
Grantor's address
Level4
for notices
73 Rostrevor Street
Hamilton 3240
rmissionshamilton@doc.  ovt.nz
under
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Authorisation Number: 69352-cAP
SCHEDULE2
STANDARDTERMSANDCONDmONSOFTHEAUTHORI1Y
1.
Interpretation
1.1
The Authority Holder  is  responsible  for  the  acts  and  omissions  of its  employees,
contractors  or,  agents. The Authority  Holder  is  liable  under  this Authority  for any
breach of the terms of the Authority by its employees, contractors or agents as if the
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breach had been committed by the Authority Holder.
1.2
Where obligations bind more than one person, those obligations bind those persons
jointly and separately.
2.
What is being authorised?
2.1
The Authority Holder is only allowed to carry out the Authorised Activity in the Land
described in Schedule 1, Item 2.
2.2
The Authority Holder must keep this Authority on the Land and make it available for
inspection at the Grantor's reasonable request. For this purpose, the Grantor includes
any officer or employee of the Department of Conservation.Information
2.3
The Authority Holder may publish authorised research results.
2.4
The Authority Holder must immediately notify the Grantor of any taxa found which
are new to science.  In addition, the Authority Holder must lodge holotype specimens
and a voucher specimen of any new taxa with a recognised national collection.
3.
Who is authorised?
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3.1
Only  the Authority  Holder  and  the Authorised  Personnel described  in  Schedule  1,
Item 3 are authorised to carry out the Authorised Activity, unless otherwise agreed in
writing by the Grantor. the
4.
How long is the Authority for - the Term?
4.1
This Authority commences and ends on the dates set out in Schedule 1, Item 4.
5.
What are the liabilities?
5.1
The Authority Holder agrees to exercise the Authority at the Authority Holder's own
under
risk and  releases to the full extent permitted by  law the Grantor and the Grantor's
employees and agents from all claims and demands of any kind and from all liability
which may arise in respect of any accident, damage or injury occurring to any person
or property arising from the Authority Holder's exercise of the Authorised Activity.
5.2
The Authority Holder must indemnify the Grantor against all claims, actions, losses
and  expenses of any  nature which the Grantor may suffer or incur or for  which the
Grantor  may  become  liable  arising  from  the  Authority  Holder's  exercise  of  the
Authorised Activity.
5.3
This indemnity  is  to  continue  after  the  expiry or  termination  of this Authority  in
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respect of any acts or omissions occurring or arising before its expiry or termination.
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Authorisation Number: 69352-cAP
6.
What about compliance with legislation and Grantor's notices and
directions?
6.1
The Authority Holder must comply with all statutes, bylaws and regulations, and all
notices,  directions  and  requisitions  of  the  Grantor  and  any  competent  Authority
relating to the conduct of the Authorised Activity.  Without limitation, this includes
the Conservation Act 1987 and the Acts listed in the First Schedule of that Act and all
applicable health and safety legislation and regulation.
Act
7.
When can the Authority be terminated?
7.1
The Grantor may terminate this Authority at any time in respect of the whole or any
part of Authorised Activity if:
(a) the Authority Holder breaches any of the conditions of this Authority; or
(b) in the Grantor's opinion, the carrying out of the Authorised Activity causes or
is ljkely to cause any unforeseen or unacceptable effects.
7.2
If the  Grantor intends to  terminate this Authority in whole or in part, the  Grantor
must  give  the  Authority  Holder  such  prior  notice  as,  in  the  sole  opinion  of  the
Grantor, appears reasonable and necessary in the circumstances.
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8.
How are notices sent and when are they received?
8.1
Any notice  to  be  given under this Authority by  the Grantor is  to  be  in writing  and
made by personal delivery, by pre paid post or email to the Authority Holder at the
address, fax number or email address specified in Schedule 1, Item 5. Any such notice
is to be deemed to have been received:Official
(a) in the case of personal delivery, on the date of delivery;
(b) in the case of post, on the 3fd working day after posting;
(c) in the case of email, on the date receipt of the email is acknowledged by the
addressee by return email or otherwise in writing.
the
8.2
If  the Authority  Holder's  details  specified  in  Schedule  1,  Item  5  change  then  the
Authority Holder must notify the Grantor within 5 working days of such change.
9.
What about the payment of costs?
under
9.1
The Authority Holder must pay the standard Department of Conservation charge-out
rates  for  any  staff  time  and  mileage  required  to  monitor  compliance  with  this
Authority and to investigate any alleged breaches of the terms and conditions of it.
10.
Are there any Special Conditions?
10.1
Special  conditions  are  specified  in  Schedule  3.  If there  is  a  conflict  between  this
Schedule  2  and  the  Special  Conditions  in  Schedule  3,  the  Special  Conditions will
prevail.
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Authorisation Number: 69352-CAP
11.
Can the Authority be varied?
11.1
The Authority Holder may apply to the Grantor for variations to this Authority.
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Information
Official
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Authorisation Number: 69352-cAP
SCHEDULE3
SPECIAL CONDmONS
1.
This Authorisation gives the Authority Holder the  right to hold absolutely protected
wildlife in  accordance with the terms and conditions  of the Authorisation,  but  the
wildlife  remains  the  property  of the  Crown.  This  includes  any  dead  wildlife,  live
wildlife, any parts thereof, any eggs or progeny of the wildlife, genetic material and
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any replicated genetic material.
2.
Unle$ expressly authorised by the Grantor in writing, the Authority Holder must not
donate,  sell or otherwise transfer to any third party any wildlife, material, including
any  genetic  material,  or  any  material  propagated  or  cloned  from  such  material,
collected under this Authority.
3.
If any Threatened, At Risk or Data  Deficient species (see  NZ Threat  Classification
System
and
Llsts:
http://www.doc.govt.nz/about-us/science
publications/conservation-publications/nz-threat-classification-system/
)
should die, the Authority Holder must:
a. inform the  Grantor's  Dunedin Office  ([email address])  within 24
hours;
Information
b. chill  the  body  if  it  can be  delivered  within  24  hours,  or  freeze  the  body  if
delivery will take longer than 24 hours;
c. send, at  the Authority Holder's costs,  the body to  Massey University Wildlife
Post Mortem Service for necropsy, along with details of the animal's history;
d. pay for any costs incurred in investigation of the death of any Threatened, At
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Risk or Data Deficient species; and
e. If  required  by  the  Grantor,  cease  the  Authorised  Activity  for  a  period
determined by the Grantor.
the
4.
The  Authority  Holder  must  not  euthanise  any  of  the  wildlife  held  under  this
Authority.
5.
The  protected  species  and  their  progeny  may not be  released to  the  wild,  unless
directly instructed by the Grantor, and in accordance with an approved translocation
proposal.
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6.
The  Authority  Holder  may,  only  transfer  or  receive  the  protected  species,  their
progeny, or their eggs to or from another Authority Holder if:
a.  the other person holds an Authority to keep the protected species in captivity;
and
b. the  transfer  is  directed  by  the  DOC  approved  Captive  Co-ordinator,  where
appointed, for the protected species; or
Released c.the transfer is to or from a DOC facility.
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Authorisation Number: 69352-CAP
7.
No manipulation or handling of the protected species other than for  husbandry or
welfare  purposes  is  permitted  without  prior  consultation  with  the  DOC  approved
Captive Co-ordinator and written permission of the Grantor.
8.
The  Authority  Holder  must  adhere  to  the  current  Grantor-approved  captive
management programme, programme outline, husbandry manual and advocacy plan
for  the  protected  species  and  undertake  the  breeding,  transfer  and/ or  release
according to the recommendations of the DOC approved Captive Co-ordinator of the
protected species.
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9.
The  protected species must  not  be  housed with  any  other  species, except  with  the
written permission  of  the  Grantor.  For  the  avoidance of  doubt, all wildlife species
held under this Authorisation must be housed separate from each other.
10.
The  number  of  Kaka  and  Kea  Authorised  to  be  held  as  per  Schedule  4  of  this
Authority, is subject to the requirements of their respective Captive Programmes and
the quantity listed under Schedule 4 of this Authority are the maximum numbers that
must be held at any one time.
11.
The Authority Holder must maintain and keep annual records for all of the wildlife
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held under this Authority, detailing:
a. the  number of individuals  of  the  protected  species  in  the  possession  of the
holder;
b. any breeding attempts, births, health issues, deaths, transfers in and out; and
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c. any other information which the Grantor from time to time may require.
12.
The Authority Holder must  retain the records  referred to under  Schedule  3.11 for 5
the
years.
13.
The Authority Holder must forward to the Captive Co-ordinator and the Grantor (if
there is  no  Captive  Co-ordinator) by  30 June  in each  year  a  copy  of  these  annual
records in the annual report format, such report format being contained in the copy
of  the  Grantor's  Wildlife  Health  Management  Standard  Operating  Procedure,
provided  to  the  Authority  Holder,  by  the  Grantor,  on  the  approval  of  this
Authorisation.
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14.
The  Authority  Holder  must  notify  the  Captive  Co-ordinator  of  the  transfer  of  the
protected species within 7 days of the date of its transfer and provide the Captive Co
ordinator with the name and address of the transferee.
15.
The  Authority  Holder  must  notify  the  Grantor  prior  to  relocating  the  protected
species to a new location and apply for an Authority to keep the protected species at
that new location.
16.
The Authority Holder must immediately inform the Grantor if the Authority Holder
no longer wishes to hold the wildlife.
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Authorisation Number: 69352-CAP
17.
The Authority Holder is responsible for transferring any unwanted wildlife to another
person. Transfer is only permitted where:
a. the other person holds an Authority to keep the wildlife in captivity; or
b. the transfer is to a DOC facility.
18.
The Authority Holder  must comply with the standards set out in the Wildlife Health
Act
Management Standard Operating Procedure, provided to the Authority Holder by the
Grantor on the approval of this Authority.
19.
The  Authority  Holder  must provide  copies of all  disease  testing  results,  within  one
month  of  the  testing,  to  the  Grantor for inclusion in  the  National Wildlife  Health
Database.
20.
The Authority Holder must take  all reasonable precautions to prevent the spread of
disease  between  locations,  including  the  careful  physical  examination  prior  to
transfer  using  the  attached  'Full  physical  examination  form',  provided  to  the
Authority Holder by the Grantor on the approval of this Authority.
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21.
The  Authority  Holder  must  not  transfer  wildlife  exhibiting  any  sign  of  illness  or
abnormality.
22.
Blood, feather and/or reptilian tissue collection must be undertaken according to the
methodologies  set  out  in  the  Department  of  Conservation  Avian  Blood/Feather
Sampling and Reptilian Tissue Collection Standard Operating Procedure, provided to
the Authority Holder by the Grantor on the approval of this Authority.
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23.
The Authority Holder consents to any officer of the Grantor inspecting the protected
species held  under  this Authority  and  the  facilities  in  which it is contained at  any
reasonable time, including any time after the expiry or termination of this Authority.
the
The  Authority  Holder  must  comply  with  any  directions  of  the  officer  and  provide
reasonable  assistance  to  the  officer to undertake  the  inspection.  The  Grantor  may
recover costs of inspections from the Authority Holder.
24.
The Authority Holder must make all wildlife and their progeny and eggs available to
the Grantor for breed and release should the Grantor require this.
under
25.
The Authority Holder must not allow or make available, any wildlife,  their eggs or
progeny, held under this Authorisation, available for research of any type.
26.
The Authority  Holder  may  take blood,  feather and  cloaca}  swab  samples from  the
wildlife for the purpose of disease screening and disease management only.
27. Blood samples must be taken with a syringe and must be no greater than 1 millilitre
in volume
28. Feather samples must be taken by hand pulling and a maximum of three (3) feather
must be taken from any individual bird.
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Authorisation Number: 69352-CAP
29.
All blood, feather and cloacal swab samples must be sent for analysis, at the
Authority Holder's costs, to:
a. Equine Parentage and Animal Genetic services centre
Massey University
Diysdale Drive
PN811
Palmerston North 4472; or,
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b. Gribbles
Invermay Research Centre (Block A)
Puddle Alley
Mosgiel
Dunedin 9053; or,
c. Gribbles
37-41 Carbine Road
Mount Wellington
Auckland 1o60
30.
A new clause 7.1 (c) is added to Schedule 2, to read as follows:
"Or for any other reason that the Grantor may decide".
Information
Official
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Authorisation Number: 69352-CAP
SCHEDULE4
S ecies
Scientific Name
Nestor meridionalis
x 10
Nestor notabilis
x 10
hus unicolor
x 10
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