3 Ministry of Agriculture and Forestry

• (1) The Governor-General may from time to time appoint a member of the Executive Council to hold office during his pleasure as Ministry of Agriculture and Forestry.

  (2) The member of the Executive Council holding office as the Commissioner of State Forests when this Act comes into force shall be deemed to have been appointed as Ministry of Agriculture and Forestry under this Act.

  (3) All references to the Commissioner of State Forests in any Act, regulation, rule, bylaw, order, or other enactment, or in any contract, agreement, deed, instrument, application, licence, notice, or other document whatsoever shall, unless inconsistent with the context, be read hereafter as references to the Ministry of Agriculture and Forestry.

  (4) Any contract, agreement, licence, lease, permit, or other right or authority which the Minister is authorised to enter into or grant under this or any other enactment shall be entered into or granted by him in the name and on behalf of Her Majesty the Queen. All such contracts, agreements, licences, leases, permits, and other authorities that have been entered into or granted by the Commissioner of State Forests before this Act comes into force shall be deemed to have been entered into or granted by him on behalf of Her Majesty, and all rights, powers, and liabilities vested in or imposed upon the Commissioner of State Forests or the Minister by any such contracts, agreements, licences, leases, permits, and other rights and authorities shall be deemed to vest in Her Majesty when this Act comes into force.

  (5) The Minister may from time to time exercise on behalf of Her Majesty all Her Majesty's rights and powers under any such contract, agreement, licence, lease, permit, right, or authority.

  Compare: 1921-22 No 43 s 4

  Section 3 was amended, as from 1 March 1998, by section 5(1)(d) Ministry of Agriculture and Forestry (Restructuring) Act 1997 (1997 No 100) by substituting the words “Ministry of Agriculture and Forestry” for the words “Ministry of Forestry”.

4 Delegation of Minister's powers

• [Repealed]

  Subsection (1) was amended by section 3 Forests Amendment Act 1976 and, as from 1 April 1987, by section 19(1)(a) Forests Amendment Act 1987.

  Subsection (1A) was inserted by section 2 Forests Amendment Act 1971.

  Subsection (1A) was repealed by section 32(1) State-Owned Enterprises Act 1986.

  Section 4 was repealed, as from 15 December 2005, by section 3 Forests Amendment Act 2005 (2005 No 103).

4A Delegation of powers by Secretary

• [Repealed]

  Section 4A was inserted, as from 1 April 1987, by section 4 Forests Amendment Act 1987.

  Section 4A was repealed, as from 15 December 2005, by section 4 Forests Amendment Act 2005 (2005 No 103).

5

• [Repealed]

  Sections 5 to 8 were repealed by section 32(1) State-Owned Enterprises Act 1986.

6

• [Repealed]

  Sections 5 to 8 were repealed by section 32(1) State-Owned Enterprises Act 1986.

7

• [Repealed]

  Sections 5 to 8 were repealed by section 32(1) State-Owned Enterprises Act 1986.

8

• [Repealed]

  Sections 5 to 8 were repealed by section 32(1) State-Owned Enterprises Act 1986.

9 Deputy of Secretary

• [Repealed]

  Subsection (1) was amended by section 2(3)(b) Forests Amendment Act 1960 by substituting a reference to the “Director-General of Forests or any Conservator of Forests” for a reference to the “Director of Forestry”.

  Subsection (1) was amended, as from 1 April 1987, pursuant to section 2(2)(c) Forests Act 1949 by substituting a reference to the “Secretary of Forestry” for a reference to the “Director-General of Forests or any Conservator of Forests”.

  Section 9 was repealed, as from 1 March 1998, by section 4 Ministry of Agriculture and Forestry (Restructuring) Act 1997 (1997 No 100).

10 Appointment of other officers

• (1) There may from time to time be appointed as officers or employees of the Public Service such other officers and employees as may be necessary for the administration of this Act.

  (2) [Repealed]

  Compare: 1921-22 No 43 s 5(1)(d)

  Subsection (2) was repealed by section 32(1) State-Owned Enterprises Act 1986.

11 Forestry Officers

• (1) There may from time to time be appointed under the State Sector Act 1988 such Forestry Officers as may be required for the purposes of this Act.

  (2) The Minister may from time to time appoint as a Forestry Officer for the purposes of this Act any person employed in a State enterprise within the meaning of the State-Owned Enterprises Act 1986 or in a Crown Research Institute within the meaning of the Crown Research Institutes Act 1992, and may prescribe the functions and powers of a person so appointed.

  (3) No person is to be treated as employed in the State services for the purposes of the State Sector Act 1988, or in the Government service for the purposes of the Government Superannuation Fund Act 1956, by reason only of the person's appointment under subsection (2).

  Section 11 was repealed by section 32(1) State-Owned Enterprises Act 1986.

  A new section 11 was inserted, as from 11 November 1998, by section 9(2) Ministry of Agriculture and Forestry (Restructuring) Act 1998 (1998 No 106).

12

• [Repealed]

  Section 12 was repealed by section 32(1) State-Owned Enterprises Act 1986.

13 Protection of Forestry Officers, etc

• Nothing done by any Forestry Officer, by an employee of the Ministry, or by any person appointed to a committee under section 15(2)(b) of this Act or to an Authority under section 71A of this Act shall, if done in good faith in the exercise of powers or in the performance of duties under this Act, subject that person to any personal liability in respect thereof.

  Section 13 was amended by section 32(1) State-Owned Enterprises Act 1986.

  Section 13 was substituted by section 5 Forests Amendment Act 1987.

14

• [Repealed]

  Section 14 was repealed by section 32(1) State-Owned Enterprises Act 1986.

15 Powers of Minister

• (1) The Minister shall have such powers as are reasonably necessary to enable the Ministry to perform its functions.

  (2) Without limiting the provisions of subsection (1) of this section the Minister may, from time to time,—

  • (a) Make financial grants or loans to persons and bodies engaged in the forestry sector:

  • (b) Appoint persons to such committees as the Minister thinks fit to advise or otherwise assist the Minister or the Secretary on any matters relating to forestry that the Minister may specify:

  • (c) By agreement acquire any interest in land for the purposes of research, training, regulatory functions, or demonstrating any matter relating to the forestry sector, and may likewise dispose of any such interest.

  Section 15 was substituted for the original section 15 (as variously amended) by section 6 Forests Amendment Act 1987.

15A

• [Repealed]

  Section 15A was inserted by section 3 Forests Amendment Act 1967, and repealed by section 32(1) State-Owned Enterprises Act 1986.

15B Collection and disclosure of statistical information

• (1) The Secretary may from time to time require returns to be made by growers, producers, distributors, processors, importers, exporters, or consumers of forest produce, and by other persons engaged in the forestry sector, and such returns shall give details as may be required relating to trees, timber, forest produce, or other goods grown, acquired, sawn, cut, manufactured, processed, converted, held, produced, sold, imported, exported, or disposed of.

  (2) Information furnished to the Secretary under this section shall be used for statistical purposes only.

  (3) All statistical information made available by the Secretary shall be arranged in such a manner as to prevent any particulars being identifiable by any person (other than the person by whom such particulars were supplied) as particulars relating to any particular person.

  (4) Notwithstanding subsection (3) of this section the Secretary may disclose the following information:

  • (a) Information supplied by a person in respect of which disclosure is consented to in writing by the person who supplied it:

  • (b) Information available to the public under any Act or public document:

  • (c) Information supplied by a local authority.

  (5) Except in respect of a prosecution under this Act, no return or copy of a return made pursuant to this Act shall be disclosed or used as evidence in any proceedings whatever, and no Forestry Officer shall be compelled to give oral testimony in any proceedings regarding any return.

  Section 15B was inserted by section 7 Forests Amendment Act 1987.

16 Receipts and expenditure

• (1) All money received by the Crown from the operation of this Act shall be paid into the Crown Bank Account and shall be credited to such funds or accounts as may be determined from time to time by the Minister of Finance.

  (2) All money payable under this Act shall be paid out of money from time to time appropriated by Parliament for the purpose.

  (3) [Repealed]

  (4) Notwithstanding subsection (2) of this section, any person or body, unless prohibited from doing so by any Act, regulation, or instrument of trust, may make to the Minister a grant or gift of money for specified or general purposes of this Act, and the Minister may accept any such grant or gift for such purposes.

  (5) All money received by the Minister under subsection (4) of this section shall be paid into the Crown Bank Account to the credit of an account known as the Forest Service Grants and Gifts Trust Account, and shall be applied, without further appropriation than this subsection, to the purposes for which the grant or gift was accepted by the Minister.

  Compare: 1948 No 56 s 3

  Subsection (3) was repealed by section 8 Forests Amendment Act 1987.

  Subsections (4) and (5) were added by section 3 Forests Amendment Act 1981.

  The terms Public Account and Trust Account referred to in subsections (1) and (5) were abolished by section 83(1) Public Finance Act 1989 (1989 No 44) and substituted by a reference to the “Crown Bank Account”.

  Subsection (5) was amended, as from 25 January 2005, by section 37(1) Public Finance Amendment Act 2004 (2004 No 113) by omitting the words “within the Crown Bank Account”.

17

• [Repealed]

  Section 17 was repealed by section 32(1) State-Owned Enterprises Act 1986.

18

• [Repealed]

  Sections 18 to 45 were repealed, as from 1 April 1987, by section 32(1) State-Owned Enterprises Act 1986 (1986 No 124).

19

• [Repealed]

  Sections 18 to 45 were repealed, as from 1 April 1987, by section 32(1) State-Owned Enterprises Act 1986 (1986 No 124).

20

• [Repealed]

  Sections 18 to 45 were repealed, as from 1 April 1987, by section 32(1) State-Owned Enterprises Act 1986 (1986 No 124).

21

• [Repealed]

  Sections 18 to 45 were repealed, as from 1 April 1987, by section 32(1) State-Owned Enterprises Act 1986 (1986 No 124).

22

• [Repealed]

  Sections 18 to 45 were repealed, as from 1 April 1987, by section 32(1) State-Owned Enterprises Act 1986 (1986 No 124).

23

• [Repealed]

  Sections 18 to 45 were repealed, as from 1 April 1987, by section 32(1) State-Owned Enterprises Act 1986 (1986 No 124).

24

• [Repealed]

  Sections 18 to 45 were repealed, as from 1 April 1987, by section 32(1) State-Owned Enterprises Act 1986 (1986 No 124).

25

• [Repealed]

  Sections 18 to 45 were repealed, as from 1 April 1987, by section 32(1) State-Owned Enterprises Act 1986 (1986 No 124).

26

• [Repealed]

  Sections 18 to 45 were repealed, as from 1 April 1987, by section 32(1) State-Owned Enterprises Act 1986 (1986 No 124).

27

• [Repealed]

  Sections 18 to 45 were repealed, as from 1 April 1987, by section 32(1) State-Owned Enterprises Act 1986 (1986 No 124).

28

• [Repealed]

  Sections 18 to 45 were repealed, as from 1 April 1987, by section 32(1) State-Owned Enterprises Act 1986 (1986 No 124).

29

• [Repealed]

  Sections 18 to 45 were repealed, as from 1 April 1987, by section 32(1) State-Owned Enterprises Act 1986 (1986 No 124).

30

• [Repealed]

  Sections 18 to 45 were repealed, as from 1 April 1987, by section 32(1) State-Owned Enterprises Act 1986 (1986 No 124).

31

• [Repealed]

  Sections 18 to 45 were repealed, as from 1 April 1987, by section 32(1) State-Owned Enterprises Act 1986 (1986 No 124).

32

• [Repealed]

  Sections 18 to 45 were repealed, as from 1 April 1987, by section 32(1) State-Owned Enterprises Act 1986 (1986 No 124).

33

• [Repealed]

  Sections 18 to 45 were repealed, as from 1 April 1987, by section 32(1) State-Owned Enterprises Act 1986 (1986 No 124).

34

• [Repealed]

  Sections 18 to 45 were repealed, as from 1 April 1987, by section 32(1) State-Owned Enterprises Act 1986 (1986 No 124).

35

• [Repealed]

  Sections 18 to 45 were repealed, as from 1 April 1987, by section 32(1) State-Owned Enterprises Act 1986 (1986 No 124).

36

• [Repealed]

  Sections 18 to 45 were repealed, as from 1 April 1987, by section 32(1) State-Owned Enterprises Act 1986 (1986 No 124).

37

• [Repealed]

  Sections 18 to 45 were repealed, as from 1 April 1987, by section 32(1) State-Owned Enterprises Act 1986 (1986 No 124).

38

• [Repealed]

  Sections 18 to 45 were repealed, as from 1 April 1987, by section 32(1) State-Owned Enterprises Act 1986 (1986 No 124).

39

• [Repealed]

  Sections 18 to 45 were repealed, as from 1 April 1987, by section 32(1) State-Owned Enterprises Act 1986 (1986 No 124).

40

• [Repealed]

  Sections 18 to 45 were repealed, as from 1 April 1987, by section 32(1) State-Owned Enterprises Act 1986 (1986 No 124).

41

• [Repealed]

  Sections 18 to 45 were repealed, as from 1 April 1987, by section 32(1) State-Owned Enterprises Act 1986 (1986 No 124).

42

• [Repealed]

  Sections 18 to 45 were repealed, as from 1 April 1987, by section 32(1) State-Owned Enterprises Act 1986 (1986 No 124).

43

• [Repealed]

  Sections 18 to 45 were repealed, as from 1 April 1987, by section 32(1) State-Owned Enterprises Act 1986 (1986 No 124).

44

• [Repealed]

  Sections 18 to 45 were repealed, as from 1 April 1987, by section 32(1) State-Owned Enterprises Act 1986 (1986 No 124).

45

• [Repealed]

  Sections 18 to 45 were repealed, as from 1 April 1987, by section 32(1) State-Owned Enterprises Act 1986 (1986 No 124).

46

• [Repealed]

  Sections 46 to 53 were repealed b section 62(1) Forest and Rural Fires Act 1955.

47

• [Repealed]

  Sections 46 to 53 were repealed b section 62(1) Forest and Rural Fires Act 1955.

48

• [Repealed]

  Sections 46 to 53 were repealed b section 62(1) Forest and Rural Fires Act 1955.

49

• [Repealed]

  Sections 46 to 53 were repealed b section 62(1) Forest and Rural Fires Act 1955.

50

• [Repealed]

  Sections 46 to 53 were repealed b section 62(1) Forest and Rural Fires Act 1955.

51

• [Repealed]

  Sections 46 to 53 were repealed b section 62(1) Forest and Rural Fires Act 1955.

52

• [Repealed]

  Sections 46 to 53 were repealed b section 62(1) Forest and Rural Fires Act 1955.

53

• [Repealed]

  Sections 46 to 53 were repealed b section 62(1) Forest and Rural Fires Act 1955.

54 False entries or returns

• Every person who makes or causes to be made, in any book, return, declaration, or statement required by this Act or by the regulations thereunder to be kept or made, any entry or writing which he knows to be false in any material particular commits an offence and shall be liable on summary conviction to a fine not exceeding $500:

  Provided that if it be proved that the payment of royalties or other money payable to the Crown has been evaded, and that the false entry or writing has been made or used for any purpose in connection with the evasion, the Court may add to the fine imposed on the conviction a further penalty not exceeding 3 times the amount of the money, the payment whereof shall be proved to have been so evaded.

  Compare: 1921-22 No 43 s 42

  Section 54 was amended by section 12 Forests Amendment Act 1976 by substituting the expression “$500” for the expression “$200”.

55

• [Repealed]

  Section 55 was repealed by section 32(1) State-Owned Enterprises Act 1986.

56

• [Repealed]

  Section 56 was repealed by section 32(1) State-Owned Enterprises Act 1986.

57

• [Repealed]

  Section 57 was repealed by section 32(1) State-Owned Enterprises Act 1986.

58

• [Repealed]

  Section 58 was repealed by section 32(1) State-Owned Enterprises Act 1986.

59 Offences with respect to Forestry Officers

• Every person commits an offence against this Act who—

  • (a) Offers violence to, or assaults, obstructs, threatens, or attempts to intimidate, any Forestry Officer or other person under the control of the Secretary while that officer or person is acting in the exercise of his powers or the discharge of his duties under this Act; or

  • (b) Gives, or agrees to give, or offers to any such officer or person, any gift, or consideration as an inducement or reward for any act done or to be done, or any forbearance observed or to be observed, or any favour shown or to be shown, by that officer or person in or in relation to the exercise of such powers or the discharge of such duties as aforesaid.

  Compare: 1921-22 No 43 s 41

  Paragraph (a) was amended by section 19(1)(b) Forests Amendment Act 1987 by omitting the words “honorary ranger” and “ranger”

  Paragraph (b) was amended by section 19(c) Forests Amendment Act 1987 by omitting the word “ranger” after the word “officer” wherever it occurs.

60 Other offences

• Every person commits an offence against this Act who—

  • (a) Impersonates or falsely pretends to be a Forestry Officer or employee of the Ministry; or

  • (b) Without reasonable cause, fails to make a statistical or other return required by this Act before the time within which the Secretary requires it to be made expires; or

  • (c) Counterfeits upon or unlawfully fixes to any forest produce any marks, label, or certificate used by and appropriated for the use of Forestry Officers or other persons in the exercise of their duties under this Act, or without due authority makes or causes to be made or uses or causes to be used, or has, in that person's possession, any brand, stamp, or badge that resembles or purports to be a brand, stamp, or badge such as is usually used by Forestry Officers or other persons when exercising powers under this Act.

  Section 60 was substituted by section 9(1) Forests Amendment Act 1987.

61 General penalty for offences

• Every person who commits an offence against this Act shall be liable on summary conviction,—

  • (a) In the case of an individual, to a fine not exceeding $2,000, and, if the offence is a continuing one, to a further fine not exceeding $200 for every day during which the offence continues:

  • (b) In the case of a body corporate, to a fine not exceeding $12,000, and, if the offence is a continuing one, to a fine not exceeding $1,200 for every day during which the offence continues.

  Section 61 was substituted by section 10(1) Forests Amendment Act 1987.

62 Liability for loss or damage

• Every person convicted of an offence under this Act shall be liable for any loss or damage caused by the act constituting the offence in addition to the penalty for the offence, and the amount payable in respect of that liability may be awarded by the Court in fixing the penalty and may be recovered as a fine. In assessing the amount so payable the Court may take into account salaries, wages, and incidental expenses incurred in the investigation of the act constituting the offence and in remedying the damage caused by that act and all other relevant factors.

  Compare: 1921-22 No 43 s 57

63 Limitation of proceedings

• Any proceedings in respect of any offence committed against this Act, or for the recovery of any penalty, fine, or forfeiture imposed thereunder, may be commenced at any time within 12 months from the time of the discovery of the offence.

  Compare: 1921-22 No 43 s 58

  Section 63 was amended by section 18 Forests Amendment Act 1976 by substituting the words “in respect of any offence committed against this Act” for the former words.

63A

• [Repealed]

  Sections 63A to 63E were inserted by section 19(1) Forests Amendment Act 1976.

  Sections 63A to 63E were repealed by section 32(1) State-Owned Enterprises Act 1986.

63B

• [Repealed]

  Sections 63A to 63E were inserted by section 19(1) Forests Amendment Act 1976.

  Sections 63A to 63E were repealed by section 32(1) State-Owned Enterprises Act 1986.

63C

• [Repealed]

  Sections 63A to 63E were inserted by section 19(1) Forests Amendment Act 1976.

  Sections 63A to 63E were repealed by section 32(1) State-Owned Enterprises Act 1986.

63D

• [Repealed]

  Sections 63A to 63E were inserted by section 19(1) Forests Amendment Act 1976.

  Sections 63A to 63E were repealed by section 32(1) State-Owned Enterprises Act 1986.

63E

• [Repealed]

  Sections 63A to 63E were inserted by section 19(1) Forests Amendment Act 1976.

  Sections 63A to 63E were repealed by section 32(1) State-Owned Enterprises Act 1986.

63F

• [Repealed]

  Section 63F was inserted by section 19(1) Forests Amendment Act 1976.

  Section 63F was repealed by section 11(1) Forests Amendment Act 1987.

63G

• [Repealed]

  Sections 63G and 63H were inserted by section 19(1) Forests Amendment Act 1976.

  Sections 63G and 63H were repealed by section 32(1) State-Owned Enterprises Act 1986.

63H

• [Repealed]

  Sections 63G and 63H were inserted by section 19(1) Forests Amendment Act 1976.

  Sections 63G and 63H were repealed by section 32(1) State-Owned Enterprises Act 1986.

64 Minister of Forestry may act as agent for owner of private forest

• (1) Subject to the terms of his appointment, the Minister of Forestry or Crown Forestry Management Limited may act as the agent of the Minister in charge of any other Department of State or of any local authority or person for the purpose of establishing, managing, or protecting any forest, or managing or protecting any land used or intended to be used for any purpose in connection with any forest or proposed forest, or for the purpose of appraising or selling or utilising any timber or other forest produce, or making inspections and preparing reports for any such purpose as aforesaid, or for all or any of those purposes.

  (2) Any such Minister, local authority, or person having power to carry out any such purpose may appoint the Minister of Forestry or Crown Forestry Management Limited to act as his agent for that purpose for such period, on such terms and conditions, and at such remuneration, as may be determined by agreement.

  (3) [Repealed]

  (4) All expenses incurred by the Minister under this section may be paid out of money appropriated by Parliament for the purpose, and all fees and other money received by him in respect of services rendered by him while acting as agent under this section shall be paid into the Crown Bank Account.

  (5) Notwithstanding anything contained in Te Ture Whenua Maori (Maori Land) Act 1993, the provisions of this section shall apply to Maori land as defined by that Act, and the assembled owners of any such land may pass, in the manner prescribed by Part 9 of that Act, a resolution appointing the Minister or Crown Forestry Management Limited as their agent.

  (6) Where the Minister is appointed under this section to act as agent for any purpose in connection with any land, forest, timber, or other forest produce—

  • (a) [Repealed]

  • (b) He may execute and issue in his own name as agent for and on behalf of the Minister, local authority, or person for whom he is acting such instruments as may be necessary to enable him to exercise his powers and carry out his duties; and

  • (c) He may fix or approve any price or payment to be paid or made under any such instrument.

  Compare: 1926 No 69 s 2

  Subsections (1) and (2) were amended, as from 1 April 1987, by section 32(1) State-Owned Enterprises Act 1986 by inserting the words “or New Zealand Forestry Corporation Limited”.

  Subsections (1) and (2) were amended, as from 31 May 1996, by clause 3 State-Owned Enterprises (Crown Forestry Management Limited) Order 1996 (SR 1996/122) by substituting the words “Crown Forestry Management Limited” for the words “New Zealand Forestry Corporation Limited”.

  Subsection (3) was repealed by section 32(1) State-Owned Enterprises Act 1986.

  In subsection (4) the reference to the Consolidated Account was substituted for a reference to the Consolidated Revenue Account (as substituted for a reference to the Consolidated Fund by section 4(4) Public Revenues Amendment Act 1963) by section 114(6) Public Finance Act 1977. The term Consolidated Account was in turn substituted by a reference to the “Crown Bank Account” by section 83(1) Public Finance Act 1989.

  Subsection (5) was amended by substituting “Maori Affairs Act 1953” and “Part 23” of that Act for the repealed “Maori Land Act 1931” and “Part 18” of that Act.

  Subsection (5) was amended by substituting “Te Ture Whenua Maori (Maori Land) Act 1993” for “the Maori Affairs Act 1953” and “Part 9” for “Part 23”.

  Subsection (5) was amended, as from 1 April 1987, by section 32(1) State-Owned Enterprises Act 1986 by inserting the words “or New Zealand Forestry Corporation Limited”.

  Subsection (5) was amended, as from 31 May 1996, by clause 3 State-Owned Enterprises (Crown Forestry Management Limited) Order 1996 (SR 1996/122) by substituting the words “Crown Forestry Management Limited” for the words “New Zealand Forestry Corporation Limited”.

  Subsection (6)(a) was repealed by section 32(1) State-Owned Enterprises Act 1986.

65

• [Repealed]

  Section 65 was repealed by section 473(1) Maori Affairs Act 1953.

66

• [Repealed]

  Section 66 was repealed by section 5(5) Reserves and Other Lands Disposal Act 1953.

67

• [Repealed]

  Section 67 was repealed by section 5(5) Reserves and Other Lands Disposal Act 1953.

67A Part binds the Crown

• This Part binds the Crown.

  Part 3A (comprising sections 67A to 67V) was inserted, as from 1 July 1993, by section 3 Forests Amendment Act 1993 (1993 No 7).

  Section 67A was substituted, as from 20 May 2004, by section 4(1) Forests Amendment Act 2004 (2004 No 49).

  Subsection (1)(b) was substituted, as from 2 September 1996, by section 2 Forests Amendment Act (No 2) 1996 (1996 No 124).

67AB Part does not permit felling or harvesting other than in accordance with relevant enactment

• In the case of land held, managed, or administered by the Crown under the Conservation Act 1987 or any Act listed in Schedule 1 of that Act, this Part does not permit the felling or harvesting of timber other than in accordance with the provisions of the Act under which the land on which the timber is growing is held, managed, or administered.

  Section 67AB was inserted, as from 20 May 2004, by section 4(1) Forests Amendment Act 2004 (2004 No 49).

67B Purpose

• The purpose of this Part of this Act is to promote the sustainable forest management of indigenous forest land.

  Part 3A (comprising sections 67A to 67V) was inserted, as from 1 July 1993, by section 3 Forests Amendment Act 1993 (1993 No 7).

67C Prohibition on export of certain indigenous forest produce

• (1) No person shall export from New Zealand indigenous timber, except the following:

  • (a) Any grade of sawn beech or sawn rimu (other than wood chips), where the Secretary has stated in writing that he or she is satisfied that the timber has been taken from an area subject to, and managed in accordance with, a registered sustainable forest management plan or registered sustainable forest management permit:

  • (b) Any finished or manufactured indigenous timber product, regardless of the source of the timber used in the product:

  • (c) Any personal effects:

  • (d) Any stump or root, whether whole or sawn, where the Secretary has stated in writing that he or she is satisfied that the timber has been taken from an area subject to, and managed in accordance with, a registered sustainable forest management plan:

  • (e) Any salvaged stump or salvaged root, whether whole or sawn, where the Secretary has stated in writing that he or she is satisfied that the timber has been taken from an area that is not indigenous forest land:

  • (f) Any tree fern trunk or part of a tree fern trunk, or fibres from a tree fern trunk,—

    • (i) Where the Secretary has stated in writing that he or she is satisfied that the timber has been taken from an area subject to, and managed in accordance with, a registered sustainable forest management plan; or

    • (ii) From indigenous forest land, where the Secretary has, subject to subsection (2) of this section, given his or her prior written approval to the removal of that timber; or

    • (iii) Where the Secretary has stated in writing that he or she is satisfied that that timber is from land that is not indigenous forest land.

  • (g) any indigenous timber—

    • (i) from a planted indigenous forest, if that timber is, or is from, a shrub, bush, seedling, or sapling; or

    • (ii) other than indigenous timber to which subparagraph (i) applies, if the Secretary has stated in writing that he or she is satisfied that the timber has been harvested from a planted indigenous forest; or

    • (iii) harvested from a forest subject to a forest sink covenant established in accordance with Part 3B.

  (2) Before giving approval under subsection (1)(f)(ii) of this section, the Secretary must be satisfied that the area concerned can continue to supply an annual or periodic non-diminishing yield of tree fern trunks in perpetuity.

  (3) No indigenous timber (other than personal effects and any finished or manufactured indigenous timber products) may be exported from New Zealand—

  • (a) unless—

    • (i) a notice of intention to export has been given to the Secretary in a form approved by the Secretary; and

    • (ii) the notice of intention includes or is accompanied by a statement of the source of the timber; and

    • (iii) the timber has been presented to a Forestry Officer for inspection and he or she has inspected and approved it, and

  • (b) until the expiry of a period (if any) specified for the purposes of this paragraph in the notice of intention.

  Part 3A (comprising sections 67A to 67V) was inserted, as from 1 July 1993, by section 3 Forests Amendment Act 1993 (1993 No 7).

  Subsection (1)(e) was amended, as from 30 March 1995, by section 3(1) Forests Amendment Act 1995 (1995 No 10) by inserting the word “salvaged”.

  Subsection (1)(g) was inserted, as from 20 May 2004, by section 5(1) Forests Amendment Act 2004 (2004 No 49).

  Subsection (1)(g)(ii) was amended, as from 14 November 2006, by section 31(2) Climate Change Response Amendment Act 2006 (2006 No 59) by adding the expression “; or”.

  Subsection (1)(g)(iii) was inserted, as from 14 November 2006, by section 31(2) Climate Change Response Amendment Act 2006 (2006 No 59).

  Subsection (3) was substituted, as from 20 May 2004, by section 5(2) Forests Amendment Act 2004 (2004 No 49).

  Subsection (4) was substituted, as from 30 March 1995, by section 3(2) Forests Amendment Act 1995 (1995 No 10).

67D Prohibition on milling indigenous timber

• (1) No person may mill any indigenous timber at a sawmill unless the sawmill is registered in accordance with regulations made under section 72, and at least 1 of the following paragraphs applies to the harvesting of the timber:

  • (a) the timber has been harvested from an area of land subject to, and managed in accordance with, a registered sustainable forest management plan or a registered sustainable forest management permit and the harvest is in accordance with an annual logging plan approved under section 67H:

  • (b) the Secretary has stated in writing that he or she is satisfied that—

    • (i) the timber has been or will be harvested from—

      • (A) specified Maori land that is not land on which a forest specified in an Order in Council made under section 67DA is situated; or

      • (B) land held, managed, or administered by the Crown under the Conservation Act 1987 or any Act listed in Schedule 1 of that Act; or

      • (C) a planted indigenous forest; or

      • (D) a forest subject to a forest sink covenant established in accordance with Part 3B; or

    • (ii) the timber has been or will be felled—

      • (A) for a public work as defined in the Public Works Act 1981; or

      • (B) with the approval of the owner, for a mining operation; or

      • (C) for construction or maintenance of an access way or water impoundment, or for a purpose directly necessary or desirable for scientific research; or

    • (iii) the timber was first milled before 1 July 1993; or

    • (iv) the timber is salvaged timber that has been or will be harvested from an area of land that is not indigenous forest land; or

    • (v) the timber has been or will be harvested from windthrown trees or trees (whether standing or not) that have died from natural causes on land that is not subject to either a registered sustainable forest management plan or a registered sustainable forest management permit, and that he or she is satisfied that the forest's natural values will be maintained:

  • (c) the timber is a tree fern trunk, or is from a tree fern trunk, and the Secretary has stated in writing that he or she is satisfied that the timber has been or will be harvested from an area of land that is not indigenous forest land:

  • (d) the timber is a tree fern trunk, or is from a tree fern trunk, and has been or will be harvested, with the prior written approval of the Secretary, from an area of land that is not subject to either a registered sustainable forest management plan or a registered sustainable forest management permit:

  • (e) the timber has been seized under section 67R and sold, released, or disposed of under section 67S and the Secretary has stated in writing that the person to whom the timber is sold, released, or disposed was not involved in the felling and harvesting of the timber in contravention of this Part.

  (2) Before giving an approval under subsection (1)(d), the Secretary must be satisfied that the area concerned can continue to supply an annual or periodic non-diminishing yield of tree fern trunks in perpetuity, and that yield must include the harvesting of windthrown ferns or dead ferns as they become available.

  (3) On the application of the owner of any area of land not subject to a sustainable forest management plan or a sustainable forest management permit, the Secretary may, in consultation with the Director-General of Conservation,—

  • (a) Approve the harvesting and milling, for the owner's personal use, of not more than 50 cubic metres of indigenous timber (being roundwood) in any 10-year period; and

  • (b) Define the area from which the timber may be harvested and milled.

  Part 3A (comprising sections 67A to 67V) was inserted, as from 1 July 1993, by section 3 Forests Amendment Act 1993 (1993 No 7). See section 7 of that Act for the transitional provisions relating to section 67D.

  Subsection (1)(b)(i)(D) was inserted, as from 14 November 2006, by section 31(3) Climate Change Response Amendment Act 2006 (2006 No 59).

  Subsection (1)(b)(ii)(B) was amended, as from 30 March 1995, by section 4(1) Forests Amendment Act 1995 (1995 No 10) by omitting the words “as defined in the Crown Minerals Act 1991”.

  Subsection (1)(b)(vii)(B) was amended, as from 1 July 1994, by section 3 Forests Amendment Act 1994 (1994 No 33) by substituting the words “permanently reserved under the South Island Landless Maori Act 1906 and having the status of Maori land or General land owned by Maori under Te Ture Whenua Maori Act 1993” for the words “reserved under the South Island Landless Natives Act 1906”.

  Subsection (1)(b)(vii) was substituted, as from 30 March 1995, by section 4(2) Forests Amendment Act 1995 (1995 No 10). Section 3 Forests Amendment Act 1994 was consequentially repealed by section 4(4) Forests Amendment Act 1995.

  Subsection (1)(b)(vii)(B) was substituted, as from 2 September 1996, by section 3 Forests Amendment Act (No 2) 1996 (1996 No 124).

  Subsection (1)(b)(ix) was amended, as from 30 March 1995, by section 4(3) Forests Amendment Act 1995 (1995 No 10) by inserting the word “registered”.

  Subsections (1) and (2) were substituted, as from 20 May 2004, by section 6(1) Forests Amendment Act 2004 (2004 No 49).

  Subsection (3) was amended, as from 20 May 2004, by section 6(2) Forests Amendment Act 2004 (2004 No 49) by inserting the words “or a sustainable forest management permit” after the word “plan”.

67DA Forests on specified Maori land to which sawmill controls apply

• (1) The Governor-General may from time to time, by Order in Council, specify forests on specified Maori land to which section 67D(l)(b)(i)(A) does not apply.

  (2) The Governor-General may make an Order in Council under subsection (1) in relation to a forest only if he or she is satisfied that the owner of the forest has agreed with the Minister to—

  • (a) surrender the right to mill indigenous timber harvested from the forest; or

  • (b) surrender the right to mill indigenous timber harvested from the forest other than in accordance with a registered sustainable forest management plan or a registered sustainable forest management permit.

  Section 67DA was inserted, as from 20 May 2004, by section 7 Forests Amendment Act 2004 (2004 No 49).

67DB Prohibition on felling indigenous timber

• Where any land is specified in a registered sustainable forest management plan or a registered sustainable forest management permit as land to which that plan or permit applies, no person may fell indigenous timber on that land except in accordance with that plan or permit.

  Section 67DB and its preceding heading were inserted, as from 20 May 2004, by section 7 Forests Amendment Act 2004 (2004 No 49).

67E Sustainable forest management plans

• (1) For the purposes of this Part of this Act, the Secretary may approve sustainable forest management plans under section 67F of this Act.

  (2) A sustainable forest management plan applies to the area or areas of indigenous forest land specified in that plan.

  (3) A sustainable forest management plan applies to the land specified in that plan,—

  • (a) in the case of a landholding having a term of less than 50 years, for the balance of that term; or

  • (b) in any other case, for the period specified in the plan, which period—

    • (i) must not be less than 50 years; and

    • (ii) may be renewed from time to time in accordance with section 67I.

  Part 3A (comprising sections 67A to 67V) was inserted, as from 1 July 1993, by section 3 Forests Amendment Act 1993 (1993 No 7).

  Subsections (2) and (3) were substituted, as from 20 May 2004, by section 8 Forests Amendment Act 2004 (2004 No 49).

67F Procedure for approval of sustainable forest management plans

• (1) The owner of a landholding for an area of indigenous forest land may apply to the Secretary for approval of a draft sustainable forest management plan for all or part of that area.

  (1A) An application may be made by lodging the draft plan at a Ministry office.

  (2) As soon as practicable after lodgment of a draft plan and before making a decision in respect of the draft, the Secretary shall consult the Director-General of Conservation in every case, and shall also consult the chief executive of the Ministry of Maori Development if the area of indigenous forest land specified in the plan as the area of land to which the plan applies includes any Maori land.

  (3) The Secretary may require the owner to incorporate in the draft plan such amendments as the Secretary may specify in writing.

  (4) The Secretary may approve the draft plan with or without amendments.

  Part 3A (comprising sections 67A to 67V) was inserted, as from 1 July 1993, by section 3 Forests Amendment Act 1993 (1993 No 7).

  Subsection (1) was substituted, as from 20 May 2004, by section 9(1) Forests Amendment Act 2004 (2004 No 49).

  Subsection (1A) was inserted, as from 20 May 2004, by section 9(1) Forests Amendment Act 2004 (2004 No 49).

  Subsection (2) was amended, as from 20 May 2004, by section 9(2) Forests Amendment Act 2004 (2004 No 49), by substituting the words “area of indigenous forest land specified in the plan as the area of land to which the plan applies” for the words “land concerned”.

67G Notice requirements

• Where the Secretary—

  • (a) Approves; or

  • (b) Amends; or

  • (c) Grants any exemption in respect of,—

  the beech coupe size provisions in a sustainable forest management plan, and that approval, amendment, or exemption enables beech to be harvested in coupes of more than 0.5 hectares, he or she shall notify that approval, amendment, or exemption by a notice in writing to the owner and by a notice to the public published in one or more daily newspapers circulating in the area concerned.

  Part 3A (comprising sections 67A to 67V) was inserted, as from 1 July 1993, by section 3 Forests Amendment Act 1993 (1993 No 7).

  Section 67G was amended, as from 20 May 2004, by section 10 Forests Amendment Act 2004 (2004 No 49), by inserting the words “and that approval, amendment, or exemption enables beech to be harvested in coupes of more than 0.5 hectares,” after the words “forest management plan,”.

67H Secretary's power to require amendments to plans

• (1) Without limiting the generality of section 67F(3) of this Act, the Secretary may, before approving a draft sustainable forest management plan, require the owner to amend the draft plan—

  • (a) to correct the description of the area or areas specified in the plan as the area or areas to which the plan applies:

  • (b) To reduce the proposed annual or periodic cut for any species:

  • (c) To provide for a recording system for the purposes of the plan, or to amend the proposed recording system:

  • (d) To reduce the size of, or to change the shape or location of, any coupe specified in the plan:

  • (e) To amend the low impact techniques specified in the plan for the single tree or small group harvesting:

  • (f) To incorporate such additional details as the Secretary may specify.

  (1A) Work for the harvesting of timber (including, but not limited to, the felling of timber and the construction of roads, tracks, or landings) must not be carried out on an area of land specified in a registered sustainable forest management plan unless that work is carried out in accordance with an annual logging plan approved by the Secretary.

  (2) In the case of an annual logging plan submitted to the Secretary in accordance with clause 9 of Schedule 2 to this Act,—

  • (a) No work shall be carried out under the annual logging plan unless the plan has been approved by the Secretary:

  • (b) The Secretary may require the annual logging plan to be amended in such manner as he or she may specify in writing:

  • (c) The Secretary may require that the annual logging plan specify trees to be harvested and trees to be retained or may specify the trees to be harvested and the trees to be retained; and such trees shall be harvested or retained accordingly:

  • (d) As soon as practicable after receiving an annual logging plan, the Secretary shall either approve the plan or require the plan to be amended.

  (3) The Secretary shall give the owner notice in writing of any requirement under this section and shall include in the notice a statement to the effect that the owner has an opportunity to comment to the Secretary about the requirement.

  Part 3A (comprising sections 67A to 67V) was inserted, as from 1 July 1993, by section 3 Forests Amendment Act 1993 (1993 No 7).

  Subsection (1)(a) was substituted, as from 20 May 2004, by section 11(1) Forests Amendment Act 2004 (2004 No 49).

  Subsection (1A) was inserted, as from 20 May 2004, by section 11(2) Forests Amendment Act 2004 (2004 No 49).

67I Other provisions relating to review and amendment of sustainable forest management plans

• (1) While a sustainable forest management plan is current,—

  • (a) The Secretary and the owner may amend the plan at any time by agreement:

  • (b) The Secretary may amend the plan with or without the agreement of the owner, if either a natural event or an act constituting an offence against this Act—

    • (i) Reduces significantly the amenity values or other natural values in the area to which the plan applies; or

    • (ii) Reduces significantly the indigenous timber available for harvesting under the plan; or

    • (iii) Otherwise renders the plan inoperative.

  (2) At 5-yearly or longer intervals, the Secretary, after consulting the owner and having regard to the views expressed by the owner, may review the plan and, subject to subsection (4) of this section, may require such amendments to be made to it as he or she thinks fit.

  (3) At the expiration of the term of the plan, the Secretary, after consulting the owner, may renew the plan subject to such amendments as the Secretary may require.

  (4) Before amending or renewing the plan, the Secretary shall consult with the Director-General of Conservation in every case, and shall also consult the chief executive of the Ministry of Maori Development if the land concerned includes any Maori land.

  (5) The Director-General of Conservation may require the Secretary to review any plan after 5 years has elapsed since the approval or last renewal of the plan.

  Part 3A (comprising sections 67A to 67V) was inserted, as from 1 July 1993, by section 3 Forests Amendment Act 1993 (1993 No 7).

  Subsection (1)(b)(ii) was amended, as from 20 May 2004, by section 12 Forests Amendment Act 2004 (2004 No 49), by substituting the word “harvesting” for the word “removal”.

67J Matters to be incorporated in sustainable forest management plans

• (1) The provisions of Schedule 2 to this Act shall apply in relation to sustainable forest management plans.

  (2) Where satisfied that compliance by an owner with any provision of a sustainable forest management plan is unreasonable or impractical, the Secretary may, after consultation with the Director-General of Conservation and also with the chief executive of the Ministry of Maori Development if the land concerned includes any Maori land, exempt the owner from compliance with that provision on such conditions as he or she thinks fit.

  PART 3A (comprising sections 67A to 67V) was inserted, as from 1 July 1993, by section 3 Forests Amendment Act 1993 (1993 No 7).

67K Sustainable forest management plan to be recorded against certificate of title

• (1) Every owner of land specified in a sustainable forest management plan shall, as soon as practicable after the plan has been approved, request the appropriate District Land Registrar to record the plan in accordance with this section.

  (2) The District Land Registrar for the land registration district in which the land concerned is situated shall, at the request of the owner, enter in the appropriate folium of the register relating to the land a notification of the plan.

  (3) Where no certificate of title for the land has been issued, the District Land Registrar shall constitute a notification of the plan a separate folium of the register.

  (4) No sustainable forest management plan shall be received for notification as a separate folium of the register unless there is endorsed thereon a certificate by a licensed cadastral surveyor to the effect that the land specified in that plan is within the boundaries of a parcel of land identified on a plan lodged in the office of the Chief Surveyor or District Land Registrar for the district in which the land is situated.

  (5) Where the land concerned is Maori land (as defined in section 4 of Te Ture Whenua Maori (Maori Land) Act 1993) and that land is not within the boundaries of a parcel of land identified on a plan lodged in terms of subsection (4) of this section, the owner shall request the appropriate District Registrar of the Maori Land Court to enter on the memorial schedule of the Title Binder relating to the land a notification of the sustainable forest management plan; and the Registrar shall make the entry on that schedule accordingly and that entry shall be sufficient compliance with the requirements of this section.

  (6) Notwithstanding any rule of law or equity to the contrary, every sustainable forest management plan shall run with and bind the land specified in the plan and shall be deemed to be an interest in land for the purposes of the Land Transfer Act 1952.

  (7) Where any of the land to which the plan relates comprises part of land in a certificate or instrument of title, the owner may, instead of complying with section 167 of the Land Transfer Act 1952, indicate the boundaries of the land by reference to a diagram or an aerial photograph.

  (8) No action shall lie against the Crown under Part 11 of the Land Transfer Act 1952 in respect of any such boundary not defined in accordance with the said section 167.

  (9) The owner may at any time, in accordance with section 167(5) of the Land Transfer Act 1952 and in accordance with the regulations for the time being in force in that behalf, deposit a plan which shall—

  • (a) Define such area or areas as may be mutually agreed upon by the Secretary and the owner; and

  • (b) For all purposes supersede the diagram or aerial photograph or relevant part of the diagram or aerial photograph; and

  • (c) When deposited, be deemed to be incorporated in the interest in land comprising the plan.

  (10) On the deposit of such plan, the District Land Registrar shall, if necessary, amend the description of the parcels included in the plan and shall endorse on any relevant certificate of title, lease, licence, or profit a memorial to the effect that the boundaries or such of the boundaries as are defined, have been surveyed.

  (11) Where—

  • (a) The Secretary and an owner agree to vary or cancel any notification of a plan under this section; or

  • (b) Pursuant to section 67I of this Act, the Secretary (with or without the agreement of the owner) amends or renews a sustainable forest management plan,—

  the Secretary may issue a certificate to the appropriate District Land Registrar or District Registrar of the Maori Land Court, as the case may require, stating the effect of the agreement or amendment or renewal; and, upon receipt of the certificate, the appropriate District Land Registrar or District Registrar shall—

  • (c) Record the certificate in accordance with this section as if it were a plan; and

  • (d) Vary or cancel the notification to the extent necessary to give effect to the agreement or amendment or renewal stated in the certificate.

  Part 3A (comprising sections 67A to 67V) was inserted, as from 1 July 1993, by section 3 Forests Amendment Act 1993 (1993 No 7).

  Subsection (1) was amended, as from 20 May 2004, by section 13(a) Forests Amendment Act 2004 (2004 No 49), by substituting the words “specified in a sustainable forest management plan” for the words “to which a sustainable forest management plan relates”.

  Subsection (4) was amended, as from 1 June 2002, by section 68(1) Cadastral Survey Act 2002 (2002 No 12), by substituting the words “licensed cadastral surveyor” for the words “registered surveyor”.

  Subsection (4) was amended, as from 20 May 2004, by section 13(b) Forests Amendment Act 2004 (2004 No 49), by substituting the words “specified in that plan” for the words “to which that plan relates”.

  Subsection (5) was amended, as from 30 March 1995, by section 5(1)(a) Forests Amendment Act 1995 (1995 No 10) by substituting the words “memorial schedule of the Title Binder” for the words “Block file”.

  Subsection (5) was amended, as from 30 March 1995, by section 5(1)(b) Forests Amendment Act 1995 (1995 No 10) by substituting the words “that schedule” for the words “that file”.

  Subsection (5) was amended by substituting “section 4 of Te Ture Whenua Maori (Maori Land) Act 1993” for “section 2(1) of the Maori Affairs Act 1953”.

  Subsection (6) was amended, as from 20 May 2004, by section 13(c) Forests Amendment Act 2004 (2004 No 49), by substituting the words “specified in the plan” for the words “to which it relates”.

  Subsection (11) was inserted, as from 30 March 1995, by section 5(2) Forests Amendment Act 1995 (1995 No 10).

67L Plan not to constitute subdivision

• The approval or registration of a sustainable forest management plan shall not constitute a subdivision of land for the purposes of the Local Government Act 1974 or the Resource Management Act 1991.

  Part 3A (comprising sections 67A to 67V) was inserted, as from 1 July 1993, by section 3 Forests Amendment Act 1993 (1993 No 7).

67M Sustainable forest management permits

• (1) An owner of a landholding for an area of indigenous forest land may apply to the Secretary for a sustainable forest management permit for all or part of that area to allow the harvesting and milling of indigenous timber.

  (2) A sustainable forest management permit has effect for 10 years from the date that permit is registered and—

  • (a) authorises the harvesting and milling of indigenous timber in accordance with the permit from an area within the area of land specified in the permit; and

  • (b) specifies the area of land to which the permit applies; and

  • (c) specifies the quantity of timber fixed by the Secretary (being timber capable of being milled irrespective of its quality) that may be harvested and milled in accordance with the permit.

  (3) A sustainable forest management permit must not authorise the harvesting and milling—

  • (a) of more than 10%—

    • (i) of the quantity of indigenous timber (excluding roots) capable of being milled standing on the area of land specified in the permit; and

    • (ii) of the quantity of each species of indigenous timber (excluding roots) capable of being milled standing on the area of land specified in the permit; and

  • (b) of more than the following volumes of indigenous timber:—

    • (i) 250 cubic metres of podocarp or kauri or shade-tolerant, exposure-sensitive, broadleaved hard-wood species; and

    • (ii) 500 cubic metres of beech or other light-demanding hardwood species.

  (4) A second or subsequent sustainable forest management permit must not be issued in respect of any indigenous timber unless and until the Secretary is satisfied that the quantity of each species of indigenous timber (being timber capable of being milled, irrespective of its quality, but excluding roots) standing in the area to which the permit will apply is at least equivalent to the quantity of each species standing in the area at the date of the grant of the previous permit.

  (5) A sustainable forest management permit expires 18 months after the date of issue of the permit unless it is registered before the close of that period.

  (6) The Secretary must not grant a permit for an area of indigenous forest land that is specified—

  • (a) in a sustainable forest management plan as an area of land to which that plan applies; or

  • (b) in a permit, issued within the previous 18 months, as an area to which that permit applies; or

  • (c) in a permit, registered within the previous 10 years, as an area to which the permit applies.

  (7) The provisions of sections 67F(2), 67H(1A), (2), and (3), 67I, 67K, and 67L and the provisions and prescriptions set out in clauses 8, 9, and 10 of Schedule 2, with the necessary modifications, apply—

  • (a) to every proposal under this section as if it were a draft sustainable forest management plan; and

  • (b) to every permit under this section as if it were a sustain-able forest management plan.

  Part 3A (comprising sections 67A to 67V) was inserted, as from 1 July 1993, by section 3 Forests Amendment Act 1993 (1993 No 7).

  Subsection (2) was amended, as from 30 March 1995, by section 6(1)(a) Forests Amendment Act 1995 (1995 No 10) by inserting the words “shall have effect for a period of 10 years and”.

  Subsection (2)(a) was amended, as from 30 March 1995, by section 6(1)(b) Forests Amendment Act 1995 (1995 No 10) by inserting the words “, irrespective of its quality”.

  Subsection (3) was amended, as from 30 March 1995, by section 6(2)(a) Forests Amendment Act 1995 (1995 No 10) by inserting the word “indigenous”.

  Subsection (3) was further amended, as from 30 March 1995, by section 6(2)(b) Forests Amendment Act 1995 (1995 No 10) by inserting the words “, irrespective of its quality”.

  Subsection (7) was substituted, as from 30 March 1995, by section 6(3) Forests Amendment Act 1995 (1995 No 10).

  Section 67M was substituted, as from 20 May 2004, by section 14(1) Forests Amendment Act 2004 (2004 No 49).

67N Provisions relating to representative area to be set aside

• The representative area that may be set aside and accordingly be unavailable for harvesting in accordance with clause 10(2)(a) of Schedule 2 to this Act may be determined by the Secretary in accordance with the following provisions:

  • (a) In exercising his or her discretion to determine the representative area in any case, the Secretary shall have regard to the flora, fauna, and other conservation values within the total area that is subject to, or is to be subject to, the plan:

  • (b) The Secretary may determine a representative area if satisfied that—

    • (i) The area is of an adequate size and location to be accurately representative in the region concerned and adequately protective of such flora, fauna, and other conservation values in that region; or

    • (ii) The flora, fauna, and other conservation values are adequately protected in the representative area together with any indigenous forest land protected under any Act in the region concerned.

  Part 3A (comprising sections 67A to 67V) was inserted, as from 1 July 1993, by section 3 Forests Amendment Act 1993 (1993 No 7).

67O Beech coupe size

• (1) Notwithstanding anything in clause 10(2)(c) of Schedule 2 to this Act, an owner may apply to the Secretary for approval of the felling of beech in coupes having an area exceeding 0.5 hectares.

  (2) Subject to subsection (3) of this section, the Secretary may approve the felling of beech in coupes of such area not exceeding 20 hectares as he or she thinks appropriate.

  (3) In considering an application under this section, the Secretary shall have regard to whether coupes exceeding 0.5 hectares would result in any of the following:

  • (a) A significant adverse impact on flora and fauna, or other natural values:

  • (b) A significant increase in soil erosion or in the risk of soil erosion:

  • (c) A significant adverse impact on drainage or aquatic ecosystems:

  • (d) A significant impact on indigenous forest regeneration:

  • (e) A significant adverse impact on the amenity values of the forest.

  (4) The matters referred to in subsection (3) of this section shall be considered in relation to the region concerned and nationally.

  Part 3A (comprising sections 67A to 67V) was inserted, as from 1 July 1993, by section 3 Forests Amendment Act 1993 (1993 No 7).

67P Rights of appeal

• (1) An owner may appeal to the Environment Court against a decision of the Secretary under section 67O of this Act not to grant the approval sought by the owner under that section.

  (2) Any person or organisation having any interest in the decision greater than the public generally may, within 15 working days after the date on which the decision is notified under section 67G of this Act, appeal against a decision of the Secretary to the Environment Court if—

  • (a) The decision is to approve a beech coupe size exceeding 0.5 hectares; or

  • (b) The decision is the granting of an exemption under section 67J(2) of this Act in respect of beech coupe size provisions in a sustainable forest management plan.

  (3) For the purposes of this section, Part 11 of the Resource Management Act 1991 shall apply, with the necessary modifications, as if the decision appealed against were a resource consent under that Act.

  Part 3A (comprising sections 67A to 67V) was inserted, as from 1 July 1993, by section 3 Forests Amendment Act 1993 (1993 No 7).

  Subsections (1) and (2) were amended, as from 2 September 1996, pursuant to section 6(2)(a) Resource Management Amendment Act 1996 (1996 No 160) by substituting the words “Environment Court” for the words “Planning Tribunal”.

67Q Records

• (1) The operator of any sawmill milling indigenous timber shall maintain in such form as may be prescribed by regulations made under section 72 of this Act a record of particulars relating to the source of such timber, including separate records specifically relating to—

  • (a) Timber from areas of land subject to a sustainable forest management plan; and

  • (ab) timber harvested from areas of land subject to a sustain-able forest management permit; and

  • (b) Timber harvested pursuant to an exemption given under this Act.

  (2) The owner of any land subject to a registered sustainable forest management plan or a registered sustainable forest management permit shall maintain in such form as may be prescribed by regulations made under section 72 of this Act a record of particulars relating to the volume, type, and destination of timber harvested under the plan or permit.

  Part 3A (comprising sections 67A to 67V) was inserted, as from 1 July 1993, by section 3 Forests Amendment Act 1993 (1993 No 7).

  Subsection (1)(aa) was inserted, as from 20 May 2004, by section 15(1) Forests Amendment Act 2004 (2004 No 49).

  Subsection (2) was amended, as from 20 May 2004, by section 15(2) Forests Amendment Act 2004 (2004 No 49), by adding the words “or permit”.

67R Powers of entry and seizure

• For the purposes of this Part of this Act, the Secretary and any Forestry Officer shall have power—

  • (a) To enter any land, premises, vehicle, conveyance, ship, aircraft, railway, railcar, or bulk cargo container for the purpose of inspecting any indigenous timber from any indigenous forest land or seeing whether any such timber exists there; and

  • (b) To search therein for any indigenous timber; and

  • (c) To enter any indigenous forest land; and

  • (d) To require the production and surrender of any document relating to indigenous timber; and

  • (e) To seize any indigenous timber that he or she reasonably believes is about to be, is being, or has been milled or exported, or has been felled or harvested, in contravention of this Part of this Act.

  Part 3A (comprising sections 67A to 67V) was inserted, as from 1 July 1993, by section 3 Forests Amendment Act 1993 (1993 No 7).

  Paragraph (e) was amended, as from 20 May 2004, by section 16 Forests Amendment Act 2004 (2004 No 49), by substituting the words “is about to be, is being, or has been milled or exported, or has been felled or harvested,” for the words “is being or about to be removed”.

67S Forfeiture of seized indigenous timber

• (1) Where a Forestry Officer has seized any indigenous timber under section 67R of this Act,—

  • (a) The Secretary shall cause a notice of the seizure to be given to—

    • (i) The person from whom the timber was seized; and

    • (ii) Every other person whom he or she reasonably believes to be an owner of or has an interest in the timber; and

  • (b) The Secretary shall retain the timber pending the trial of the person who is alleged to have committed the offence in respect of which it was seized.

  (2) If satisfied that any indigenous timber seized under this Part of this Act may perish, rot, or spoil, the Secretary may arrange for its sale (at a price that is reasonable in the circumstances) in any manner, the Secretary thinks fit.

  (3) If no proceedings are taken in respect of the offence concerned within 12 months of the seizure of any produce under this Act, or if the information concerned is dismissed, the timber or, as the case may be, the proceeds from its sale, shall be released from the custody of the Crown.

  (4) The Secretary may, at any time until an information or charge is laid in respect of the alleged offence for which the timber was seized, on application by—

  • (a) The person from whom the timber was seized; or

  • (b) The owner or person entitled to the possession of the timber seized,—

  release the timber to any such person under bond in such sum and under such sureties and conditions (if any) as the Secretary may specify.

  (5) Where any person to whom timber is released under subsection (4) of this section fails to comply with the conditions of any bond or with any condition specified by the Secretary,—

  • (a) The timber may be reseized at any time at the direction of the Secretary; and

  • (b) The provisions of this section shall thereupon apply to the property as if it had been seized pursuant to section 67R of this Act; and

  • (c) The Secretary may, in the case of failure to comply with the conditions of any bond, apply to a District Court for an order for estreat of the bond; and

  • (d) Where the Secretary so applies the Registrar shall fix a time and place for the hearing of the application, and shall, not less than 7 days before the time fixed, cause to be served on every person bound by the bond a notice of the time and place so fixed; and

  • (e) If on the hearing of any such application it is proved to the satisfaction of the Court that any condition of the bond has not been kept, the Court may make an order to estreat the bond to such an amount as it thinks fit to any person bound thereby on whom notice is proved to have been served in accordance with this subsection; and

  • (f) Any penalty payable in accordance with this subsection shall be recoverable as if it were a fine.

  (6) Where any information or charge has been laid in respect of the alleged offence for which the timber was seized under section 67R of this Act, and that timber remains in the custody of the Crown, the Court may at any time, on application by—

  • (a) The person from whom the timber was seized; or

  • (b) The owner or person entitled to the possession of the timber seized,—

  release the timber to any such person, and any such release may be subject to such sureties and conditions as the Court may specify.

  (7) The decision whether or not to lay any information or charge in respect of an alleged offence for which any timber is seized under section 67R of this Act shall be made as soon as reasonably practicable after the property is seized, taken possession of, or retained.

  (8) On the conviction of any person for any offence against this Act, any indigenous timber to which the offence relates that has been seized under this Act may, on the direction of the Court, be forfeited to the Crown; and in that case shall be disposed of as the Secretary thinks fit.

  (9) Any person whose timber has been forfeited to the Crown under this section or any person having a legal or equitable interest in any such timber (not being, in either case, a person convicted of an offence out of which the forfeiture arose) may apply to the Minister within 30 days of the conviction concerned for the release of the timber forfeited; and the Minister may order the release of the timber on payment to the Crown of any amount the Minister thinks appropriate, being an amount not exceeding the amount the items forfeited are estimated by the Secretary to be likely to realise if sold by public auction in New Zealand.

  Part 3A (comprising sections 67A to 67V) was inserted, as from 1 July 1993, by section 3 Forests Amendment Act 1993 (1993 No 7).

67T Offences

• Every person commits an offence who—

  • (a) Exports from New Zealand any indigenous timber in contravention of section 67C of this Act; or

  • (b) Mills any indigenous timber contrary to section 67D of this Act; or

  • (c) Falsifies any milling records required under this Part of this Act; or

  • (d) Contravenes any provision of a registered sustainable forest management plan or registered sustainable forest management permit; or

  • (e) Wilfully damages any indigenous timber in an area subject to a registered sustainable forest management plan or registered sustainable forest management permit; or

  • (f) carries out work for the harvesting of timber (including, but not limited to, the felling of timber and the construction of roads, tracks, or landings) on an area of land subject to a registered sustainable forest management plan, or a registered sustainable forest management permit, other than in accordance with an annual logging plan approved under section 67H; or

  • (fa) transports, mills (other than under section 67D(1)(e)), chips, cuts for firewood, or pulps any timber harvested from an indigenous forest, knowing that the timber is about to be, is being, or has been felled, harvested, milled, or exported in contravention of this Part; or

  • (fb) fells any indigenous timber on land subject to a registered sustainable forest management plan, or a registered sustainable forest management permit, other than in accordance with that plan or permit; or

  • (fc) harvests or mills indigenous timber that is subject to an approval under section 67D(3) other than in accordance with the approval; or

  • (g) Fails to keep records required under section 67Q of this Act; or

  • (h) Fails, without lawful excuse, to comply with the requirements of any Forestry Officer under this Part of this Act; or

  • (i) Gives to any Forestry Officer, under this Part of this Act, any particulars knowing that they are false or misleading in any material respect.

  Part 3A (comprising sections 67A to 67V) was inserted, as from 1 July 1993, by section 3 Forests Amendment Act 1993 (1993 No 7).

  Paragraph (b) was amended, as from 30 March 1995, by section 7 Forests Amendment Act 1995 (1995 No 10) by substituting the word “timber” for the word “logs”.

  Paragraph (f) was substituted, as from 20 May 2004, by section 17 Forests Amendment Act 2004 (2004 No 49).

  Paragraphs (fa) to (fc) were inserted, as from 20 May 2004, by section 17 Forests Amendment Act 2004 (2004 No 49).

67U Penalties

• (1) Every person who commits an offence against any of paragraphs (a) to (f) of section 67T of this Act is liable on summary conviction to a fine not exceeding $200,000, and, if the offence is a continuing one, to a further fine not exceeding $10,000 for every day or part of a day during which the offence continues.

  (2) Every person who commits an offence against any of paragraphs (g) to (i) of section 67T of this Act is liable on summary conviction to a fine not exceeding $10,000, and, if the offence is a continuing one, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues.

  (3) Where any body corporate is convicted of an offence against this Act, every director and every person concerned in the management of the body corporate shall be guilty of a like offence if it is proved—

  • (a) That the act that constituted the offence took place with his or her authority, permission, or consent; or

  • (b) That he or she knew or could be reasonably expected to have known that the offence was to be or was being committed and failed to take all reasonable steps to prevent or stop it.

  Part 3A (comprising sections 67A to 67V) was inserted, as from 1 July 1993, by section 3 Forests Amendment Act 1993 (1993 No 7).

67V Relationship of Part with Resource Management Act 1991

• Nothing in this Part derogates from any provision of the Resource Management Act 1991.

  Part 3A (comprising sections 67A to 67V) was inserted, as from 1 July 1993, by section 3 Forests Amendment Act 1993 (1993 No 7).

  Section 67V was substituted, as from 30 March 1995, by section 8 Forests Amendment Act 1995 (1995 No 10).

  Section 67V was substituted, as from 20 May 2004, by section 18 Forests Amendment Act 2004 (2004 No 49).

67W Purpose of Part

• The purpose of this Part is to provide a mechanism to allow landowners to access the value of carbon sequestration on land through the establishment of forest sink covenants.

  Part 3B (comprising sections 67W to 67ZU) was inserted, as from 14 November 2006, by section 31(4) Climate Change Response Amendment Act 2006 (2006 No 59).

67X Interpretation of Part

• In this Part, unless the context otherwise requires,—

  carbon sequestration means the removal of greenhouse gases from the atmosphere by a forest sink

  forest sink means a forest prescribed in regulations made under section 67Y

  forest sink covenant means any covenant established under regulations made under section 67Y, or any variation of that covenant, for the purpose of establishing and maintaining a forest sink; including, but not limited to, controlling the harvesting of timber from the forest sink

  greenhouse gas has the same meaning as in section 4(1) of the Climate Change Response Act 2002

  landowner means the owner of a freehold estate

  Protocol has the same meaning as in section 4(1) of the Climate Change Response Act 2002

  units has the same meaning as in section 4(1) of the Climate Change Response Act 2002.

  Part 3B (comprising sections 67W to 67ZU) was inserted, as from 14 November 2006, by section 31(4) Climate Change Response Amendment Act 2006 (2006 No 59).

68 Annual report

• [Repealed]

  The references to “the House of Representatives” were substituted for references to both Houses of Parliament by section 2(4) Legislative Council Abolition Act 1950.

  Section 68 was repealed, as from 25 January 2005, by section 37(1) Public Finance Amendment Act 2004 (2004 No 113).

68A Supply contracts

68B Effect of registration of supply contract

68C Registration of discharge of supply contract

69 Control of injurious importations and exportations

• [Repealed]

  Subsection (1) was amended by section 5(a) Forests Amendment Act 1953 by inserting the words “which may contain any insect, fungus, bacterium, or virus in any of the lifte stages of those organisms that may be injurious to or may cause an unhealthy condition in any tree, tree seed, timber, or timber product, or”.

  Subsection (1) was amended by section 2(2) Forests Amendment Act 1983 by substituting the word “organism” for the words “insect, fungus, bacterium, or virus in any of the lifte stages of those organisms”.

  Subsection (1) was amended, as from 1 April 1987, by section 12(a) Forests Amendment Act 1987 by omitting the word “, or”.

  Subsection (2) was substituted by section 3 Forests Amendment Act 1983.

  Subsection (2)(a) was amended, as from 1 April 1987, by section 12(b) Forests Amendment Act 1987 (1987 No 118) by inserting the words “bulk cargo container,”

  Subsection (3) was amended, as from 1 April 1987, by section 12(c) Forests Amendment Act 1987 (1987 No 118) by substituting the words “has reasonable cause to suspect” for the former words.

  Subsection (4)(a) was repealed by section 32(1) State-Owned Enterprises Act 1986.

  Subsection (4)(d) was amended by section 5(b) Forests Amendment Act 1953 (1953 No 42) by inserting the words “the inspection of trees, tree seeds, timber, or timber products, or for”.

  Section 69 was repealed, as from 8 July 2003, by section 28(1) Biosecurity Amendment Act 2003 (2003 No 38).

70 Regulations as to control and eradication of diseases affecting trees, etc

• [Repealed]

  Subsection (2)(d) was amended by section 20(1) Forests Amendment Act 1976 by inserting the words “or used in the construction of any buildings, fences, poles, or other structures”.

  Subsection (2)(e) was inserted by section 20(2) Forests Amendment Act 1976.

  Subsection (2)(f) and (g) were inserted by section 4 Forests Amendment Act 1983.

  Subsection (2)(h) was inserted, as from 1 April 1987, by section 13 Forests Amendment Act 1987.

  Subsection (2A) was inserted by section 20(3) Forests Amendment Act 1976.

  Subsection (3) was substituted by section 6 Forests Amendment Act 1967.

  Subsection (3) was amended by section 21(2) Forests Amendment Act 1976 by inserting the words “and section 70A of this Act”.

  Subsection (3) was amended by section 2(3) Forests Amendment Act 1983 by substituting the word “organism” for the former words.

  Subsection (4) was added by section 20(4) Forests Amendment Act 1976.

  Section 70 was repealed, as from 8 July 2003, by section 28(1) Biosecurity Amendment Act 2003 (2003 No 38).

70A Compensation for destruction of diseased trees

• [Repealed]

  Section 70A was inserted by section 21(1) Forests Amendment Act 1976.

  Subsection (1) was amended, as from 1 April 1987, by section 14 Forests Amendment Act 1987 by inserting the words “or other forest products or buildings”.

  Section 70A was repealed, as from 8 July 2003, by section 28(1) Biosecurity Amendment Act 2003 (2003 No 38).

71 Plants Act 1970 not affected

• [Repealed]

  The words “the Plants Act 1970” were substituted, as from 3 December 1970, for the words “the Orchard and Garden Diseases Act 1928” by section 32(2) Plants Act 1970.

  Section 71 was repealed, as from 8 July 2003, by section 28(1) Biosecurity Amendment Act 2003 (2003 No 38).

71A

• [Repealed]

  Section 71A was inserted by section 5(1) Forests Amendment Act 1983.

  Section 71A was repealed by section 15(2)(a) Forests Amendment Act 1987.

71B Restrictions on exercise of power of entry

• (1) Notwithstanding any other provision of this Act but subject to subsection (2) of this section, any provision in this Act or any regulations made under this Act giving any person the power to enter any land or premises, vehicle, conveyance, ship, vessel, aircraft, bulk cargo container, railway, or drilling rig without the consent of the owner or occupier shall be subject to the following conditions:

  • (a) Entry shall only be made by the person or class of persons specified in the relevant provision or any member of the Police authorised by the person or a member of that class of persons:

  • (b) Reasonable notice of the intention to enter shall be given unless the giving of the notice would defeat the purpose of the entry:

  • (c) Entry shall be made at times reasonable in the circumstances:

  • (d) The person entering shall carry a warrant of authority or be working under the direction of a person holding such authority which shall be produced on initial entry and, if requested, at any subsequent time:

  • (e) Entry—

    • (i) Into any dwellinghouse; and

    • (ii) On to any land or into premises, vehicle, conveyance, ship, vessel, aircraft, railway, or drilling rig to obtain evidence of an offence—

    shall be made following application in writing on oath by an authorised person to a District Court Judge, Justice of the Peace, Community Magistrate, or Registrar or Deputy Registrar of any Court, who, if he has reason to believe that entry is necessary, may issue a warrant directed to the authorised person by name directing him to enter for the stated purpose:

  • (f) Every person shall have the same privileges in relation to—

    • (i) The production to an authorised person of any books, accounts, vouchers, records, or documents; and

    • (ii) The furnishing to any authorised person of any information or particulars; and

    • (iii) The answering of any questions put by any authorised person under this Act—

    as witnesses have in Courts of law.

  (2) The conditions specified in subsection (1) of this section, other than that specified in paragraph (a) of that subsection, shall not apply in circumstances where there are reasonable grounds to believe—

  • (a) That there is an immediate danger to life or property; or

  • (b) That immediate entry is necessary to contain, eradicate, or prevent—

    • (i) [Repealed]

    • (ii) Fire,—

    in order to avert serious damage to or destruction of any forest or forest produce:

  • (c) [Repealed]

  Section 71B was inserted by section 6(1) Forests Amendment Act 1983.

  Subsection (1) was amended by section 16(a) Forests Amendment Act 1987.

  Subsection (1) was amended by section 16(b) Forests Amendment Act 1987 by inserting the words “bulk cargo container,”.

  Subsection (1)(e) was amended, as from 30 June 1998, by section 7 District Courts Amendment Act 1998 (1998 No 76) by inserting the words “Community Magistrate,”.

  Subsection (2)(b)(i) was repealed, as from 8 July 2003, by section 28(2) Biosecurity Amendment Act 2003 (2003 No 38).

  Subsection (2)(c) was repealed, as from 8 July 2003, by section 28(2) Biosecurity Amendment Act 2003 (2003 No 38).

71C Powers relating to ships

• [Repealed]

  Section 71C was inserted, as from 24 March 1993, by section 4 Forests Amendment Act 1993 (1993 No 7).

  Subsection (2) was amended, as from 1 July 1995, by section 6 (1)(a) Ministry of Agriculture and Fisheries (Restructuring) Act 1995 (1995 No 31) by substituting “responsible chief executive” for “Director-General of Agriculture and Fisheries” and “Director-General”.

  Subsection (2) was amended, as from 1 October 1996, by section 289(1) Customs and Excise Act 1996 (1996 No 27) by substituting the words “Chief Executive of the New Zealand Customs Service” for the words “Comptroller of Customs”, and the words “Chief Executive” for the word “Comptroller”.

  Section 71C was repealed, as from 8 July 2003, by section 28(1) Biosecurity Amendment Act 2003 (2003 No 38).

72 Regulations

• (1) The Governor-General may from time to time, by Order in Council, make regulations not inconsistent with this Act for all or any of the following purposes:

  • (a) Prescribing the mode in which any forest produce is to be branded or marked for any purpose whatever; and providing for the registration of brands or marks:

  • (b) Prescribing the terms, conditions, and securities upon which money may be advanced to persons, local authorities, and companies for the establishment, maintenance, and protection of forests:

  • (ba) Providing for the registration of sawmills and other related factories or industrial plants; authorising the Secretary to require sawmill operators to furnish information for the purposes of this Act; and prescribing the mode of registration and the fees to be paid in respect of registration:

  • (bb) Prescribing such matters as are necessary or expedient for regulating the registration of sustainable forest management plans under the Land Transfer Act 1952:

  • (bc) Providing for the establishment and functions of advisory committees, consisting of persons to be appointed by the Minister, to advise the Minister on phytosanitary matters arising in relation to forestry:

  • (c) Prescribing offences for the breach of any regulations under this Act, or of the conditions of any licence, lease, permit, or other authority under this Act, and prescribing, on summary conviction,—

    • (i) In the case of an individual, a term of imprisonment not exceeding one month, or a fine not exceeding $2,000, and, if the offence is a continuing one, a further fine not exceeding $200 for every day during which the offence continues, or to both such imprisonment and fine:

    • (ii) In the case of a body corporate, a fine not exceeding $12,000, and, if the offence is a continuing one, a further fine not exceeding $1,200 for every day during which the offence continues:

  • (d) Prescribing the matters in respect of which fees are payable under this Act, the amounts of those fees or the method by which they are to be assessed, and the persons liable for payment of the fees:

  • (e) Generally for any purposes for which regulations are required or contemplated by this Act, and for giving full effect to the provisions of this Act.

  (1A) [Repealed]

  (2) [Repealed]

  (3) Regulations made under this Act may be so made as to apply generally throughout New Zealand or within any specified part or parts thereof, or within the whole of New Zealand except such part or parts as may be specified in the regulations.

  (4) [Repealed]

  Compare: 1921-22 No 43 s 63; 1941 No 26 s 28; 1948 No 56 s 6

  Subsection (1) was substituted by section 17 Forests Amendment Act 1987.

  Subsection (1)(ba), (bb) and (bc) were inserted by section 5(1) Forests Amendment Act 1993 (1993 No 7).

  Subsection (1)(d) was substituted by section 5(2) Forests Amendment Act 1993 (1993 No 7).

  Subsection (1A) was inserted by section 3(1) Forests Amendment Act 1972, and repealed by section 32(1) State-Owned Enterprises Act 1986.

  Subsection (2) was amended by section 2(4) Legislative Council Abolition Act 1950 by substituting the words “House of Representatives” for the words “Houses of Parliament”.

  Subsection (2) was repealed, as from 19 December 1989, by section 11 Regulations (Disallowance) Act 1989 (1989 No 143).

  Subsection (4) was repealed by section 18(2) Forests Amendment Act 1987.

72A Remuneration and expenses

• There shall be paid out of money appropriated by Parliament for the purpose to the members of any Authority constituted under section 71A of this Act or to any person appointed to a committee under section 15(2)(b) of this Act remuneration by way of fees, salary, or allowances, and travelling allowances and expenses in accordance with the Fees and Travelling Allowances Act 1951, and the provisions of that Act shall apply accordingly as if any such authority or committee were a statutory Board within the meaning of that Act.

  Section 72A was inserted by section 18(1) Forests Amendment Act 1987.

73 Repeals and savings

• (1) The enactments mentioned in Schedule 1 hereto are hereby repealed to the extent mentioned in that Schedule.

  (2) All Proclamations, Orders in Council, orders, appointments, licences, leases, permits, grants, regulations, agreements, records, instruments, rights, and generally all acts of authority which originated under any of the said enactments, and are subsisting or in force on the coming into force of this Act, shall enure for the purposes of this Act as fully and effectually as if they had originated under the corresponding provisions of this Act, and accordingly shall, where necessary, be deemed to have so originated. All matters and proceedings commenced under any such enactment, and pending or in progress on the coming into force of this Act, may be continued, completed, and enforced as if this Act had not been passed.

  Compare: 1921-22 No 43 s 65

  Subsection (1) was amended by section 9(1) Forests Amendment Act 1993 (1993 No 7) by inserting the word “First”.