9Material harm to endangered, vulnerable or protected animals

#### 9 Material harm to endangered, vulnerable or protected animals 9 Material harm to endangered, vulnerable or protected animals > > (1) A person is guilty of an offence if the person wilfully or negligently uses a pesticide in a manner that materially harms— > > > > > (a) an animal that is a threatened species within the meaning of the [Biodiversity Conservation Act 2016](/view/html/inforce/current/act-2016-063), or > > > > > (b) any protected animal within the meaning of the [Biodiversity Conservation Act 2016](/view/html/inforce/current/act-2016-063). > > > > Maximum penalty— > > > > > (a) $2,000,000 in the case of a corporation, or > > > > > (b) $500,000 in the case of an individual. > > > > Note. > > > > An offence against subsection (1) committed by a corporation is an executive liability offence attracting executive liability for a director or other person involved in the management of the corporation—see section 112. > > > (2) For the purposes of subsection (1), the following matters are taken to be relevant in determining whether the harm to any such animal is material— > > > > > (a) the number of animals harmed, > > > > > (b) the type of animals harmed, > > > > > (c) the local population of the type of animal harmed. > > > (3) Nothing in subsection (2) limits the matters that may be considered in determining whether harm to an animal that is a threatened species or to a protected animal is material. > > **s 9:** Am 2012 No 97, Sch 1.31 \[3\]; 2018 No 25, Sch 3.12 \[1\]–\[4\]; 2024 No 20, Sch 4\[7\] \[8\].