Forests Act 1949

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2 Interpretation
  • (1) In this Act, unless the context otherwise requires,—

    Aircraft has the same meaning as in section 2 of the Civil Aviation Act 1990

    Aircraft: this definition was inserted by section 2(1) Forests Amendment Act 1976.

    Aircraft: this definition was amended, as from 1 September 1990, by section 101 (1) Civil Aviation Act 1990 (1990 No 98) by substituting Civil Aviation Act 1990 for a reference to the repealed Civil Aviation Act 1964.

    Amenity values means those natural or physical qualities and characteristics of an area that contribute to people's appreciation of its pleasantness, aesthetic coherence, and cultural and recreational attributes

    Amenity values: this definition was inserted by section 2(1) Forests Amendment Act 1993 (1993 No 7) after the definition of Aircraft.

    Animal means any living stage of any member of the animal kingdom except human beings; and includes the eggs and the whole or any part of the carcass of any such member

    animal: this definition was inserted by section 2(1) Forests Amendment Act 1976.

    Approved, in relation to a sustainable management plan, means approved by the Secretary under section 67F of this Act

    Approved: this definition was inserted by section 2(1) Forests Amendment Act 1993 (1993 No 7).

    Cattle

    [Repealed]

    Cattle: this definition was omitted by section 32(1) State-Owned Enterprises Act 1986.

    Conservancy

    [Repealed]

    conservancy: this definition was omitted by section 32(1) State-Owned Enterprises Act 1986.

    Conservator

    [Repealed]

    Conservator: this definition was omitted by section 32(1) State-Owned Enterprises Act 1986.

    Coupe means an area of forest that has been or is to be harvested

    Coupe: this definition was inserted by section 2(1) Forests Amendment Act 1993 (1993 No 7).

    Director General

    [Repealed]

    Director General: this definition was omitted by section 32(1) State-Owned Enterprises Act 1986.

    Exotic, in relation to a species of flora, means a species that is not an indigenous species

    Exotic: this definition was inserted by section 2(1) Forests Amendment Act 1993 (1993 No 7).

    Finished or manufactured indigenous timber product

    • (a) Means any indigenous wood product that has been manufactured into its final shape and form and is ready to be installed or used for its intended purpose without the need for any further machining or other modification; and

    • (b) Includes a complete item or a component of an item (whether assembled or in kitset form) such as joinery, furniture, toys, tools, and household utensils, household fixtures such as rails and toilet seats, ornaments such as picture frames and carvings, and similar items; but

    • (c) Does not include dressed or rough sawn timber, mouldings, panelling, furniture blanks, joinery blanks, building blanks, or similar items:

    Finished or manufactured indigenous timber product: this definition was inserted by section 2(1) Forests Amendment Act 1993 (1993 No 7).

    Firearm

    [Repealed]

    firearm: this definition was omitted by section 32(1) State-Owned Enterprises Act 1986.

    Forest land means land on which forest is growing, land used for agroforestry, and land intended to be forested or used for agroforestry by the owner or occupier of the land

    Forest land was inserted by section 3(2) Forests Amendment Act 1987.

    Forest officer

    [Repealed]

    forest officer: this definition was omitted by section 32(1) State-Owned Enterprises Act 1986.

    Forest produce or forest product includes trees and other plants and the produce of trees and other plants, and also includes earth, rock, sand, shingle, and minerals when found in or removed from any forest land or any other land for the time being administered by the Minister

    Forest produce: this definition was amended by section 2 Forests Amendment Act 1967 by inserting the words or forest product.

    Forest produce or forest product: this definition was amended by section 3(3) Forests Amendment Act 1987 by omitting the word state .

    Forestry Officer means—

    • (a) The chief executive of the Ministry:

    • (b) Any person appointed as a Forestry Officer under section 11:

    Forestry officer: this definition was inserted by section 32(1) State-Owned Enterprises Act 1986.

    Forestry officer: this definition was substituted, as from 30 March 1995, by section 2(1) Forests Amendment Act 1995 (1995 No 10).

    Forestry officer: this definition was substituted, as from 11 November 1998, by section 9(1) Ministry of Agriculture and Forestry (Restructuring) Act 1998 (1998 No 106).

    Forestry sector means all matters and activities concerned with or affecting the production and use of goods from or on all forest land that is devoted primarily to commercial production; and shall include protection from disease and fire of all forests, the protective effects of forests, the harvesting and processing of trees and other forest plants, and other matters associated with commercial forestry production

    Forestry sector: this definition was inserted by section 3(2) Forests Amendment Act 1987.

    Groundline, in relation to any living or dead tree, means the point at the base of the tree where the tree, when standing, commenced or commences to be naturally in contact with the ground

    Groundline: this definition was inserted, as from 30 March 1995, by section 2(1) Forests Amendment Act 1995 (1995 No 10).

    Hunt or kill

    [Repealed]

    Hunt or kill: this definition was omitted by section 32(1) State-Owned Enterprises Act 1986.

    Indigenous, in relation to a species of flora or fauna, means a species that occurs naturally in New Zealand or arrived in New Zealand without human assistance

    Indigenous: this definition was inserted by section 2(1) Forests Amendment Act 1993 (1993 No 7).

    Indigenous forest land means land wholly or predominantly under the cover of indigenous flora

    Indigenous forest land: this definition was inserted by section 2(1) Forests Amendment Act 1993 (1993 No 7).

    Indigenous State forest land

    [Repealed]

    Indigenous State forest land: this definition was omitted by section 32(1) State-Owned Enterprises Act 1986.

    landholding,—

    • (a) in the case of land subject to a forest sink covenant as defined in section 67X, means a registered—

      • (i) freehold estate in that land; or

      • (ii) leasehold estate in that land; or

      • (iii) interest in that land that entitles a person to receive units or the value of units based on carbon sequestration by that forest sink; but does not include a registered interest by way of charge or security:

    • (b) in any other case, means an estate, right, title, or interest of any kind in or over an area of land by or under which indigenous timber may be harvested; but does not include an interest by way of charge or security

    Landholding: this definition was inserted by section 2(1) Forests Amendment Act 1993 (1993 No 7).

    Landholding: this definition was substituted, as from 20 May 2004, by section 3(1) Forests Amendment Act 2004 (2004 No 49).

    landholding: this definition was substituted, as from 14 November 2006, by section 31(1) Climate Change Response Amendment Act 2006 (2006 No 59).

    Management plan

    [Repealed]

    management plan: this definition was omitted by section 32(1) State-Owned Enterprises Act 1986.

    Mineral has the same meaning as in section 2(1) of the Crown Minerals Act 1991

    Mineral: this definition was inserted, as from 30 March 1995, by section 2(2) Forests Amendment Act 1995 (1995 No 10).

    Mining operation means any operation in connection with mining, exploring, or prospecting for any mineral

    Mining operation: this definition was inserted, as from 30 March 1995, by section 2(2) Forests Amendment Act 1995 (1995 No 10).

    Minister means the Minister of Forestry

    Minister: the original definition was omitted by section 32(1) State-Owned Enterprises Act 1986.

    Minister: this definition was inserted by section 32(1) State-Owned Enterprises Act 1986.

    Ministry means the Ministry of Agriculture and Forestry or such other Ministry as has, with the authority of the Prime Minister, for the time being assumed responsibility for the relevant function or matter

    Ministry: this definition was inserted, as from 1 April 1987, by section 3(2) Forests Amendment Act 1987 (1987 No 118).

    Ministry: this definition was substituted, as from 1 March 1998, by section 4 Ministry of Agriculture and Forestry (Restructuring) Act 1997 (1997 No 100).

    Organism means a living animal or plant; and includes any micro-organism not classifiable as either but having the properties of living matter

    Organism: this definition was inserted by section 2(1) Forests Amendment Act 1983.

    Owner

    • (a) Means any person who owns any landholding; and

    • (b) Includes—

      • (i) The owners of any landholding where it is owned by 2 or more persons; and

      • (ii) A group of owners of landholdings who are operating under the same sustainable management plan:

    Owner: this definition was inserted, as from 1 July 1993, by section 2(1) Forests Amendment Act 1993 (1993 No 7).

    Planted indigenous forest means any indigenous timber trees or tree ferns that have been planted on land that was not indigenous forest land immediately before such planting and was not indigenous forest land immediately before the land was prepared for such planting

    Planted indigenous forest: this definition was inserted, as from 1 July 1993, by section 2(1) Forests Amendment Act 1993 (1993 No 7).

    Planted indigenous forest: this definition was amended, as from 20 May 2004, by section 3(2) Forests Amendment Act 2004 (2004 No 49) by inserting the word timber after the words means any indigenous.

    Registered means,—

    • (a) In relation to a sustainable forest management plan or sustainable forest management permit, recorded in accordance with section 67K of this Act:

    • (b) In relation to a sawmill, registered in accordance with section 67D of this Act:

    Registered: this definition was inserted, as from 1 July 1993, by section 2(1) Forests Amendment Act 1993 (1993 No 7).

    Registered: this definition was amended, as from 30 March 1995, by section 2(5) Forests Amendment Act 1995 (1995 No 10) by inserting the word forest.

    Salvaged timber means—

    • (a) Timber from trees that have fallen naturally:

    • (b) Timber from trees that were felled to waste before the 3rd day of July 1989:

    • (c) Stumps remaining from any timber felled before that date:

    • (d) Roots remaining from any timber felled before that date;—

    and salvaged stump and salvaged root have corresponding meanings

    Salvaged timber: this definition was inserted, as from 1 July 1993, by section 2(1) Forests Amendment Act 1993 (1993 No 7).

    Salvaged timber: this definition substituted, as from 30 March 1995, by section 2(3) Forests Amendment Act 1995 (1995 No 10).

    Sawmill means any factory or industrial plant (whether permanently fixed or portable) that is directly dependent on supplies of logs and produces sawn timber or wood chips from the timber, whether for sale, use, or further treatment or processing; and includes any chipmill that produces woodchips and any industrial plant (whether permanently fixed or portable) used to process tree ferns; and includes any industrial plant (whether combined with or separate from any plant used to produce sawn timber or woodchips) that is used to produce veneer

    Sawmill: this definition was inserted by section 2(1) Forests Amendment Act 1993 (1993 No 7).

    Sawmill: this definition was amended, as from 1 July 1994, by section 2 Forests Amendment Act 1994 (1994 No 33) by inserting the words ; and includes any any industrial plant (whether combined with or separate from any plant used to produce sawn timber or woodchips) that is used to produce veneer.

    Secretary means the chief executive of the Ministry

    Secretary: this definition was inserted, as from 1 April 1987, by section 32(1) State-Owned Enterprises Act 1986 (1986 No 124).

    Secretary: this definition was substituted, as from 1 March 1998, by section 4 Ministry of Agriculture and Forestry (Restructuring) Act 1997 (1997 No 100).

    specified Maori land means land having the status of Maori land or General land owned by Maori, as defined in section 4 of Te Ture Whenua Maori Act 1993, and originally reserved or granted under—

    • (a) the South Island Landless Maori Act 1906; or

    • (b) section 12 of the Maori Land Amendment Act 1914; or

    specified Maori land: this definition was inserted, as from 20 May 2004, by section 3(3) Forests Amendment Act 2004 (2004 No 49).

    Service or Forest Service

    [Repealed]

    Service or Forest Service: this definition was omitted by section 32(1) State-Owned Enterprises Act 1986.

    State forest land

    [Repealed]

    State forest land: this definition was omitted by section 32(1) State-Owned Enterprises Act 1986.

    Stump means the basal part of a living or dead tree (whether rooted or uprooted), being the roots and that part of the trunk that extends from the groundline to a point (up the trunk) equal to the maximum diameter of the trunk; and, for the purposes of this definition, any remnant of a tree shall be regarded as part of a complete tree

    Stump: this definition was inserted, as from 30 March 1995, by section 2(4) Forests Amendment Act 1995 (1995 No 10).

    Sustainable forest management means the management of an area of indigenous forest land in a way that maintains the ability of the forest growing on that land to continue to provide a full range of products and amenities in perpetuity while retaining the forest's natural values

    Sustainable forest management: this definition was inserted by section 2(1) and (2) Forests Amendment Act 1993 (1993 No 7).

    Sustainable forest management permit means a sustainable forest management permit executed under section 67M of this Act

    Sustainable forest management permit: this definition was inserted by section 2(1) and (2) Forests Amendment Act 1993 (1993 No 7).

    Sustainable forest management plan or plan means a sustainable forest management plan approved under section 67F of this Act

    Sustainable forest management plan or plan: this definition was inserted by section 2(1) and (2) Forests Amendment Act 1993 (1993 No 7).

    timber

    • (a) means—

      • (i) trees (excluding cuttings, suckers, and shoots); and

      • (ii) woody plants able to be milled; and

    • (b) includes branches, roots, and stumps of trees and other woody plants able to be milled, logs, woodchips, wood products, veneer, tree ferns, and tree fern fibre

    Timber: this definition was amended by section 2(1) and (2) Forests Amendment Act 1993 (1993 No 7) by inserting the words ; and includes tree ferns, woodchips, timber products, and the roots and stumps of trees.

    Timber: this definition was substituted, as from 20 May 2004, by section 3(4) Forests Amendment Act 2004 (2004 No 49).

    Tree fern means all species of the families Cyatheaceae and Dicksoniaceae

    Tree fern: this definition was inserted by section 2(1) and (2) Forests Amendment Act 1993 (1993 No 7).

    Trees includes not only timber trees, but also all other kinds of trees, shrubs, and bushes, seedlings, saplings, cuttings, suckers, and shoots of every description

    Vehicle means any wheeled or tracked device or hovercraft capable of carrying a person or persons, whether or not it is powered by an internal combustion engine

    Vehicle: this definition was inserted by section 2(1) Forests Amendment Act 1976.

    Vessel has the same meaning as in section 2 of the Harbours Act 1950.

    vessel: this definition was inserted by section 2(1) Forests Amendment Act 1976.

    West Coast indigenous production forest

    [Repealed]

    Coast indigenous production forest: this definition was inserted by section 2(1) Forests Amendment Act 1993 (1993 No 7).

    West Coast indigenous production forest: this definition was repealed, as from 20 May 2004, by section 3(5) Forests Amendment Act 2004 (2004 No 49).

    Wildlife

    [Repealed]

    Wildlife: this definition was omitted by section 3(1) Forests Amendment Act 1987.

    Working day means any day except—

    • (a) A Saturday, a Sunday, Good Friday, Easter Monday, Anzac Day, Labour Day, the Sovereign's birthday, and Waitangi Day; and

    • (b) A day in the period commencing with the 20th day of December in any year and ending with the 15th day of January in the following year.

    Working day: this definition was inserted by section 2(1) Forests Amendment Act 1993 (1993 No 7).

    Working plan

    [Repealed]

    Working plan: this definition was repealed by section 2(2) Forests Amendment Act 1976.

    (2) Unless in any case the context otherwise requires, every reference in this Act or any other Act or in any regulation, rule, order, agreement, deed, instrument, application, notice, licence, or other document whatsoever in force at the date on which this subsection comes into force—

    • (a) To the Minister of Forests, shall hereafter be read as a reference to the Minister of Forestry:

    • (b) To the New Zealand Forest Service, shall hereafter be read as a reference to the Ministry of Forestry:

    • (c) To the Director-General of Forests or to a Conservator, shall hereafter be read as a reference to the Secretary of Forestry:

    • (d) To a Forest Officer, shall hereafter be read as a reference to a Forestry Officer.

    Compare: 1921-22 No 43 s 2; 1939 No 39 s 25

    Subsection (2) was inserted, as from 1 April 1987, by section 32(1) State-Owned Enterprises Act 1986 (1986 No 124).