142Offence—take native plant—protected native species

142 Offence—take native plant—protected native species (b) the plant is a protected native species. (2) This section does not apply to a person if the person— (a) is a public servant exercising a function as a public servant; or (b) is an occupier of land outside a built-up urban area and the (i) takes the plant in the course of cultivating the plant on the land; or

(ii) takes seeds from a plant growing on the land to cultivate the plant on the land; or (c) is an occupier of land and the plant— (i) is growing on the land; and (ii) was planted by the person; or (d) is an occupier of land in a built-up urban area and the plant is growing on the land; or (e) is an occupier of land outside a built-up urban area and the person takes the plant in the course of using the land for primary production in accordance with the purpose authorised by the lease; or (f) is authorised to take the plant under a development approval under the Planning Act 2023, chapter 7. Note 1 Built-up urban area—see s 139.