Is it illegal to kill bees in New Zealand?

In New Zealand there is no general law that makes it illegal for a householder to kill bees living in their own house or garden. Insects are not covered by the Animal Welfare Act 1999, whose definition of "animal" extends to some invertebrates, such as octopus, squid, crabs, lobsters and crayfish, but not to insects. Honey bees and bumble bees are introduced species, and none of the bees you are likely to meet in Auckland is a protected species. That said, several rules apply to how bees are killed, whose bees they are, and what is left behind, and in most cases there is a better option than killing them.

This note is general information, not legal advice.

Pesticides: the HSNO Act and the label

Insecticides are hazardous substances under the Hazardous Substances and New Organisms Act 1996, administered by the Environmental Protection Authority. The basic legal duty is to use a product only as its label directs. Labels say what pests a product is approved for, how it may be applied, and often carry specific warnings about bees, such as not applying to flowering plants while bees are foraging. Using a product in a way the label doesn't allow, for example pumping a garden spray into a wall cavity, can breach those conditions. Certain products used by pest controllers also require the user to hold a recognised qualification. The point for a householder: read the label, and if it doesn't cover what you are trying to do, don't.

Someone else's bees are someone else's property

Bees in a managed hive belong to the beekeeper. Deliberately killing or poisoning a neighbour's hive could amount to damaging their property, quite apart from the neighbourly fallout. A swarm that has left a hive and settled on your property is a grey area, but in practice the beekeeper may want it back, and collection is easier for everyone. If a neighbour's hives are causing a genuine problem, talk to them, then Auckland Council. See neighbours' bees and council rules.

Biosecurity duties: leaving dead colonies behind

The Biosecurity (National American Foulbrood Pest Management Plan) Order 1998 places duties on beekeepers, not householders. But its purpose, eliminating American foulbrood, is undermined when colonies are killed and their honey left for other bees to rob. Robbing is one of the ways AFB spreads. So while killing a colony in your wall isn't an offence in itself, leaving the comb and honey there is bad practice, and a technician who treats a colony should remove the comb. Read American foulbrood and abandoned comb.

Keeping bees you collected

Exotic pests: the one time you must report

The Biosecurity Act 1993 creates a duty to report notifiable organisms. If you think the insect you are dealing with is a yellow-legged hornet, or you see something unusual in a hive, report it to MPI on 0800 80 99 66 rather than killing it yourself. See the hornet note.

Why killing is rarely the best choice

Legal or not, killing bees is usually the worst option:

• Swarms in the open are often collected free and leave on their own within a day or two. See moving a swarm on without killing it.
• Bumble bee nests last only a season and the bees are gentle. Most can be left. See bumble bees.
• Native and solitary bees don't damage anything and rarely sting. See native and solitary bees.
• Colonies in walls still need the comb removed, so killing the bees first saves less than people think. See why not to spray a wall colony.

There are cases where destroying a nest is reasonable: a colony nobody can rehome, inside a ceiling over a bedroom, or a bumble bee nest at a doorway where someone in the house has a severe allergy. In those cases, have it done properly, with the comb removed where there is any.

This note sits under bee nest and colony removal in Auckland, where the front page sorts out which bee jobs need a visit and which don't.