The 1953 Wildlife Act is therefore clearly ineffectual. The Acts entanglement with shark cage diving shows it to be out of date and unsuitable for modern wildlife management. In fact, the extension, retraction, and variation via the courts of section 63A of the Wildlife Act, being the definition of hunt or kill, puts in jeopardy the legality of issuing permits for even scientific activities, such as some methods of bird counting and other studies. The Wildlife Act 1953 is an Act that requires modernisation and, with respect to the specialised activity of shark cage diving, separate legislation. Therefore, despite its best intentions and expending time and resources, the Department of Conservation was rendered impotent and does not have the tools to properly resolve the issue. 