Nelson City Forestry Empowering Act 1978

Reprint
as at 21 October 1978

Coat of Arms of New Zealand

Nelson City Forestry Empowering Act 1978

Local Act1978 No 9
Date of assent20 October 1978
Commencement20 October 1978
Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

An Act to empower the Nelson City Council to engage in forestry and related industries

1 Short Title

  • This Act may be cited as the Nelson City Forestry Empowering Act 1978.

2 Interpretation

  • In this Act, unless the context otherwise requires, Council means the Mayor, Councillors, and Citizens of the City of Nelson.

3 Power to acquire land and to carry on business of forestry

  • Subject to the provisions of this Act, the Council is hereby empowered and shall be deemed always to have been empowered, to do all or any of the following:

    • (a) purchase, lease, take pursuant to the provisions of the Public Works Act 1928, or otherwise acquire, any area or areas of land, whether within or without the City of Nelson, or any interest therein, which the Council may deem it desirable to hold for afforestation purposes or other purposes incidental thereto:

    • (b) subject to paragraph (k), carry on the business of forestry, afforestation and the nursery production of forest trees, whether indigenous or exotic, on any land vested in or available to the Council, whether within or without the City of Nelson, not being land held for any particular purpose other than forestry, water works, water collection, water supply or water conservation:

    • (c) cut down, remove, recover, and sell by private sale, tender, or auction any trees, timber, or firewood on or from any existing plantation the property of the Council on or from any area or areas hereafter acquired or available pursuant to this Act:

    • (d) provide recreation areas on any such land:

    • (e) recover from such trees, timber, or wood or any other like thing, by any process whatsoever, any products capable of being put to commercial use or profit, or to any scientific or other useful purpose, and to sell such products by private sale, tender, or auction:

    • (f) purchase any tree seeds or nursery stock necessary for the said business:

    • (g) take all steps which, in the opinion of the Council, may be necessary or desirable for the prevention or control of fire, including for that purpose the purchase of sheep, cattle and other livestock and the proper care and maintenance of the same:

    • (h) enter into any contract or agreement for the carrying out of the purposes of this Act:

    • (i) enter into any partnership or into any arrangement for sharing of profits, union of interest, co-operation, joint venture, reciprocal concession, or otherwise with any government department, corporation, company, or person carrying on or engaged in or about to carry on or engage in any purpose which the Council is authorised to carry on or engage in under this section:

    • (j) use and develop any land for the carrying on of farming operations incidental to the management and operation of its forest land and for amenity purposes including scientific purposes or such recreational purposes as are consistent with the proper use, management and utilisation of its forest land:

    • (k) exercise all or any of the powers contained in this Act on part of the land known as “Waahi Taakaro”, being the land described in Schedule 1, but not on the land described in Schedule 2, notwithstanding any restriction or reservation, express or implied, to the contrary.

4 Power to carry on related industries

  • The Council may establish and carry on any operations or industries related to the extraction, removal, conversion, or distribution of timber and other forest produce and may construct, purchase, or hire buildings, plant, and machinery for those purposes.

5 Management plans

  • (1) The Council may from time to time prepare management plans for forestry purposes in respect of the whole or any part of its land, and every such management plan shall regulate the management of the land affected by the plan for such periods, not exceeding 10 years, as may be stated in the plan in that behalf.

    (2) Every management plan shall specify with respect to the period thereof—

    • (a) the silvicultural operations to be carried out; and

    • (b) the maximum area from which forest produce may be disposed of or the maximum quantity of forest produce that may be disposed of or both, as the Council thinks fit; and

    • (c) the protection and development operations to be carried out; and

    • (d) such other matters as the Council thinks fit.

6 Council may grant licences and permits

  • Subject to the provisions of this Act, the Council may from time to time grant licences and permits to take forest produce from any land to which this Act applies, or to occupy any such land for any purpose which in the opinion of the Council is not prejudicial to forestry operations, upon and subject to such terms and conditions, whether as to royalties, charges, or otherwise, as the Council thinks fit.

7 Bylaws

  • (1) The Council may from time to time make such bylaws as it thinks fit for the purpose of regulating the subject matter of this Act, and in particular for protecting from damage, injury, or misappropriation, any property, whether real or personal, belonging to the Council or controlled by the Council for the purposes of this Act, whether within or beyond the City of Nelson.

    (2) Sections 391, 392, and 395 to 397 of the Municipal Corporations Act 1954 shall apply in respect of bylaws made under this section.

8 Revenue and expenditure

  • The operations of the Council under this Act are hereby declared to be a trading undertaking for the purposes of Part 12 of the Local Government Act 1974.

9 Other Acts not affected

  • Nothing in this Act shall be so construed as to in any way limit or affect the application of the provisions of—

    • (a) the Forest and Rural Fires Act 1955:

    • (b) the Water and Soil Conservation Act 1967:

    • (d) the Town and Country Planning Act 1977.

Schedule 1
Nelson Land District

s 3(k)

City of Nelson and County of Waimea

All that parcel of land containing approximately 638.3108 hectares, being part Lot 1 on Deposited Plan 7910, situated in Block I, Maungatapu Survey District, and Block IX, Wakapuaka Survey District, and being part of the land in certificate of title 3C, folio 611, Nelson Land Registry, as marked B on Survey Office Plan 12413.

Schedule 2
Nelson Land District

County of Waimea

All that parcel of land containing approximately 62.2000 hectares, being part Lot 1 on Deposited Plan 7910, situated in Block I, Maungatapu Survey District, and Block IX, Wakapuaka Survey District, and being part of the land in certificate of title 3C, folio 611, Nelson Land Registry, as marked A on Survey Office Plan 12413.

Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)

Notes
1 General

  • This is a reprint of the Nelson City Forestry Empowering Act 1978. The reprint incorporates all the amendments to the Act as at 21 October 1978, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .

2 Status of reprints

  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared

  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • •omission of unnecessary referential words (such as “of this section” and “of this Act”)

    • •typeface and type size (Times Roman, generally in 11.5 point)

    • •layout of provisions, including:

      • •indentation

      • •position of section headings (eg, the number and heading now appear above the section)

    • •format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • •format of dates (eg, a date formerly expressed as “the 1st day of January 1999” is now expressed as “1 January 1999”)

    • •position of the date of assent (it now appears on the front page of each Act)

    • •punctuation (eg, colons are not used after definitions)

    • •Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • •case and appearance of letters and words, including:

      • •format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • •small capital letters in section and subsection references are now capital letters

    • •schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • •running heads (the information that appears at the top of each page)

    • •format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)