(1) It is hereby declared that the provisions of this Act shall have effect for the purpose of preserving in perpetuity as national parks, for their intrinsic worth and for the benefit, use, and enjoyment of the public, areas of New Zealand that contain scenery of such distinctive quality, ecological systems, or natural features so beautiful, unique, or scientifically important that their preservation is in the national interest.

(2) It is hereby further declared that, having regard to the general purposes specified in subsection (1) of this section, national parks shall be so administered and maintained under the provisions of this Act that—

• (a) They shall be preserved as far as possible in their natural state:

• (b) Except where the Authority otherwise determines, the native plants and animals of the parks shall as far as possible be preserved and the introduced plants and animals shall as far as possible be exterminated:

• (c) Sites and objects of archaeological and historical interest shall as far as possible be preserved:

• (d) Their value as soil, water, and forest conservation areas shall be maintained:

• (e) Subject to the provisions of this Act and to the imposition of such conditions and restrictions as may be necessary for the preservation of the native plants and animals or for the welfare in general of the parks, the public shall have freedom of entry and access to the parks, so that they may receive in full measure the inspiration, enjoyment, recreation, and other benefits that may be derived from mountains, forests, sounds, seacoasts, lakes, rivers, and other natural features.

(1) No person shall, without the prior written consent of the Minister, cut, destroy, or take, or purport to authorise any person to cut, destroy, or take, any plant or part of a plant that is indigenous to New Zealand and growing in a national park.

(2) No person shall, without the prior written consent of the Minister, disturb, trap, take, hunt, or kill, or purport to authorise any person to disturb, trap, take, hunt, or kill any animal that is indigenous to New Zealand and found within a national park.

(3) The Minister shall not give his consent under subsection (1) or subsection (2) of this section unless the act consented to is consistent with the management plan for the park.

(1) Notwithstanding anything in this Act or any other enactment, but subject to subsections (2) and (3) of this section, the Minister may authorise the introduction of any biological control organism to control wild animals or animal pests or plant pests in any national park.

(2) Before granting an approval under subsection (1) of this section, the Minister shall—

• (a) Consult the New Zealand Conservation Authority; and

• (b) Have regard to whether—

  • (i) Any introduced organism will itself become a problem or adversely affect any other indigenous organisms, or have a negative impact on any ecosystem; and

  • (ii) There is sufficient scientific advice, supported by research, to indicate that none of these will occur.

(3) An authority granted under subsection (1) of this section shall not be inconsistent with any provision in—

• (a) Any other Act applicable to the import, genetic modification, or use of the organism or organisms concerned; or

• (b) Any general policy adopted under section 44 of this Act; or

• (c) Any conservation management strategy or management plan.

(1) The following national parks as they exist at the commencement of this Act are hereby declared to be national parks under and subject to the provisions of this Act:

• (a) The Tongariro National Park:

• (b) The Egmont National Park:

• (c) The Arthur's Pass National Park:

• (d) The Abel Tasman National Park:

• (e) The Fiordland National Park:

• (f) The Mount Cook National Park:

• (g) The Urewera National Park:

• (h) The Nelson Lakes National Park:

• (i) The Westland National Park:

• (j) The Mount Aspiring National Park.

(2) The Arthur's Pass National Park named in subsection (1)(c) of this section is the same national park as the Arthur Pass National Park existing immediately before the commencement of this Act.

(3) By virtue of section 162 of the Ngai Tahu Claims Settlement Act 1998, the Mount Cook National Park is now called the Aoraki/Mount Cook National Park.

(4) By virtue of Order in Council dated 3 April 2000 (Gazette 1 June 2000, p 1281), Urewera National Park is now called Te Urewera National Park.

(1) Subject to subsections (2) to (6) of this section, the Governor-General may from time to time, by Order in Council made on the recommendation of the Minister,—

• (a) Declare that any land of the Crown described in the order, being—

  • (i) Any conservation area; or

  • (ii) [Repealed]

  • (iii) Any land subject to the Tourist and Health Resorts Control Act 1908 or the Tourist Hotel Corporation Act 1974; or

  • (iv) Any reserve vested in Her Majesty subject to the Reserves Act 1977; or

  • (v) Any land acquired by the Crown for national park purposes,—

  shall be a national park subject to this Act:

• (b) Add any such land to any park:

• (c) Declare that any foreshore described in the order shall be a national park or be added to any park:

• (d) Assign a name to any new national park or change the name of any existing national park.

(2) The Minister shall not make any recommendation under subsection (1) of this section except on the recommendation of the Authority made after consultation with the appropriate Board (if any).

(2A) Before making a recommendation under subsection (1)(d), the Minister must refer the proposed name to the New Zealand Geographic Board Ngā Pou Taunaha o Aotearoa under section 27(2) or 30 of the New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008, as the case may be.

(3) [Repealed]

(4) No land subject to the Tourist and Health Resorts Control Act 1908 or the Tourist Hotel Corporation Act 1974 shall be declared to be a park or to be added to any park, except on the joint recommendation of the Minister and the Minister of Tourism.

(5) [Repealed]

(6) No foreshore shall be declared to be a park or to be added to any park, except on the joint recommendation of the Minister and the Minister of Transport, and, where the foreshore is under the control of a regional council under the Resource Management Act 1991, except with the consent of that body.

(1) The Authority may, after having advised the Minister of its intention to do so, request the Director-General to investigate and report to it on any proposal that land should be declared to be a park or part of a park, or acquired for national park purposes.

(2) Unless the Authority otherwise agrees, the Director-General shall, on receiving any such request—

• (a) Give notice of the proposal under investigation by advertisement published in daily newspapers circulating in the cities of Auckland, Hamilton, Wellington, Christchurch, and Dunedin, and in the area affected; and

• (b) In that notice invite persons and organisations interested to send to the Director-General written suggestions on the proposal under investigation.

(3) The Director-General shall, on receiving any such request, give notice to the Minister of Energy of the proposal under investigation.

(1) Where the Minister, on the recommendation of the Authority made after consultation with the appropriate Board (if any), considers that any private land, or any easement over private land, or the interest of any lessee or licensee in any land, should be acquired by the Crown for national park purposes,—

• (a) The Minister may, in the name and on behalf of Her Majesty, contract for the purchase or lease of the land, easement, or interest, or accept the land, easement, or interest as a gift; or

• (b) The land, easement, or interest may be taken or otherwise acquired under the Public Works Act 1928 as for a public work under that Act.

(2) All land, easements, or interests in land acquired under subsection (1) of this section shall vest in Her Majesty for national park purposes, and all lands acquired by the Minister by way of lease under this section shall, during the term of the lease, be subject to this Act.

(1) Any land that, at the commencement of this Act, is part of a national park and is being administered under the Tourist and Health Resorts Control Act 1908 shall continue to be administered under that Act, but otherwise shall remain part of the park.

(2) Notwithstanding anything in the Tourist and Health Resorts Control Act 1908, the Governor-General may from time to time, by Order in Council made on the recommendation of the Minister after consultation with the Minister of Tourism and the Authority, declare that any land described in the order, being part of a national park, shall be administered under the Act, and as from the date of the Order in Council or from such later date as may be specified in the order, the land shall be so administered, but otherwise shall remain part of the park.

(3) Where any land that is part of a national park is being administered under the Tourist and Health Resorts Control Act 1908, the Governor-General may, by Order in Council made on the recommendation of the Minister and the Minister of Tourism, declare that the land shall cease to be administered under that Act.

(4) The Minister shall consult with the Minister of Tourism before—

• (a) Making any decision or taking any action under this Act that affects the administration of the Tourist and Health Resorts Control Act 1908; or

• (b) Making any bylaw under section 56 of this Act that affects the administration of the Tourist and Health Resorts Control Act 1908.

(1) No area of land or foreshore included in any park shall be excluded from that park, except by Act of Parliament.

(2) The exclusion of any land or foreshore from a park shall, without more, have the effect of cancelling any reservation relating to the holding of that land or foreshore for any particular or general purpose or subject to any condition, and the land or foreshore shall thereupon be disposed of in the manner specified in that Act.

(1) The Governor-General may from time to time, by Order in Council made on the recommendation of the Minister after consultation with the Authority and the appropriate Board, set apart any part of a park as a specially protected area for the purposes of this Act, and may, in like manner, cancel any such setting apart or alter the boundaries of any specially protected area by including or excluding any area of the park that, in his opinion, should be so included or excluded.

(2) Where, at the commencement of this Act, any part of a national park is set apart as a special area this section shall apply as if that area had been set apart as a specially protected area under subsection (1) of this section.

(1) No person shall enter or remain in any specially protected area, except under the authority of and in accordance with a permit issued by the Minister under this section.

(2) The Minister may from time to time issue a permit under this section to one or more persons granting access to any specially protected area and may amend or revoke any such permit at any time.

(3) Every such permit shall contain such conditions as the Minister determines.

(4) No permit issued under this section shall be inconsistent with the management plan for the park.

(5) Every person commits an offence against this Act who,—

• (a) Enters or remains in any specially protected area, except under the authority of a permit issued under this section; or

• (b) Fails to comply with any condition contained in any such permit.

(1) The Minister may, on the recommendation of the Authority made in accordance with a conservation management strategy or management plan, by notice in the Gazette, set apart any area of a park as a wilderness area, and may in like manner revoke any such setting apart.

(2) Subject to this section, while any area is set apart as a wilderness area,—

• (a) Its indigenous natural resources shall be preserved:

• (b) No building or machinery shall be erected on the area:

• (c) No building, machinery, or apparatus shall be constructed or maintained on the area:

• (d) No animals, vehicles, or motorised vessels (including hovercraft and jet boats) shall be allowed to be taken into or used in the area and no helicopter or other motorised aircraft shall land or take off or hover for the purpose of embarking or disembarking passengers or goods in a wilderness area:

• (e) No roads, tracks, or trails shall be constructed in the area.

(3) The Minister may authorise any person to liberate any species of indigenous animal in a wilderness area where—

• (a) The Minister is satisfied that there is sufficient evidence that the species was previously present in the area; and

• (b) The proposed liberation is not inconsistent with any general policy statement, conservation management strategy, or management plan having effect in relation to the area.

(4) Subject to subsection (3) of this section, if—

• (a) The doing of anything in a wilderness area is in conformity with the conservation management strategy or management plan for the area; and

• (b) The Minister is satisfied that its doing is necessary or desirable for the preservation of the area's indigenous natural resources,—

the Minister may authorise it.

(5) If satisfied that the undertaking of any scientific test or study in a wilderness area is necessary or desirable for the preservation of indigenous natural resources, the Minister may authorise it.

(6) Nothing in subsection (2) of this section prevents the doing of anything necessary for any person's protection or because of some emergency involving any person's property.

(1) This section applies where land set apart as or declared to be a wilderness area under the Reserves Act 1977 or the Conservation Act 1987 is constituted as a park.

(2) Notwithstanding any other provision of this Act, where this section applies, the Minister may, by notice in the Gazette, declare that the wilderness area shall continue to be set apart as a wilderness area as if the land had been set apart as a wilderness area under section 14 of this Act.

(3) A declaration under subsection (2) of this section shall have effect according to its tenor subject to the following provisions:

• (a) The Director-General (in preparing the first management plan for the area) and the Board (in considering that plan) and the Authority (before approving that plan) shall consider whether or not the area should continue to be a wilderness area and whether or not any boundary adjustments should be made to the area:

• (b) The Authority shall make a recommendation on the matter to the Minister:

• (c) After receipt of a recommendation under paragraph (b) of this subsection, the Minister may, by notice in the Gazette, make such further declarations or provisions with respect to the status of the area as a wilderness area as he or she considers appropriate; and that notice shall have effect according to its tenor.

(1) The Minister may, on the recommendation of the Authority made in accordance with the management plan, by notice in the Gazette, set apart any area of a park as an amenities area, and may in like manner revoke any such setting apart.

(2) While any such area is set apart, the development and operation of recreational and public amenities and related services appropriate for the public use and enjoyment of the park may be authorised in accordance with this Act and the management plan.

(3) The principles applicable to national parks shall, notwithstanding section 4 of this Act, apply only so far as they are compatible with the development and operation of such amenities and services.

(1) The Chief Surveyor shall ensure that a current plan of each national park that is wholly or partly within his land district and every specially protected area, wilderness area, and amenities area within that park is—

• (a) Available at his office for public inspection without fee during ordinary office hours; and

• (b) Deposited in the office of the Director-General and the office of the Chief Surveyor of every land district in which any part of the park is situated.

(2) Where any land is added to or excluded from any national park, specially protected area, wilderness area, or amenities area, the appropriate Chief Surveyor shall ensure that the plans required by subsection (1) of this section are altered, replaced, or removed as the case may require.

(3) Every plan and every alteration to any plan shall be certified by the appropriate Chief Surveyor.

(4) The Chief Surveyor shall supply to any person applying for it a copy of any plan required by subsection (1) of this section to be available in his office for public inspection.

(5) Every plan of a national park or specially protected area, wilderness area, or amenities area certified by a Chief Surveyor, and every certified copy of any such plan shall, in the absence of proof to the contrary, be sufficient evidence of the boundaries and area comprising that national park, specially protected area, wilderness area, or amenities area.

In addition to the functions specified elsewhere in this Act or in any other Act, the functions of the Authority shall be—

• (a) To prepare and approve statements of general policy for national parks in accordance with section 44 of this Act:

• (b) To approve management plans and amendments to and reviews of management plans for national parks in accordance with section 48 of this Act:

• (c) To advise the Minister or the Director-General on the priorities for the expenditure of any money appropriated by Parliament for the purposes of this Act:

• (d) To review and report to the Minister or the Director-General on the effectiveness of the administration of the general policies for national parks:

• (e) To consider and make proposals for the addition of lands to national parks and the establishment of new national parks:

• (f) [Repealed]

• (g) To give advice to the Minister or the Director-General on any other matter relating to any national park.

The Minister shall consult the Authority in respect of any notice requesting an access arrangement in respect of a national park served on the Minister pursuant to section 59 of the Crown Minerals Act 1991, as soon as practicable after receiving the notice.

(1) In addition to the functions specified elsewhere in this Act or in any other Act, the functions of each Board shall be—

• (a) To recommend management plans, and the review or amendment of such plans, for parks within the jurisdiction of the Board in accordance with sections 45 to 47 of this Act:

• (b) To consider and determine priorities for the implementation of management plans for national parks:

• (c) To make recommendations to the Minister for the appointment of honorary rangers under section 40 of this Act:

• (d) To review and report to the Director-General or the Authority, as appropriate, on the effectiveness of the administration of the general policies for national parks within the jurisdiction of the Board:

• (e) [Repealed]

• (f) To give advice to the Director-General or the Authority—

  • (i) On the interpretation of any management plan for a park; and

  • (ii) On any proposal for the addition of land to any national park or the establishment of a new national park; and

  • (iii) On any other matter relating to any national park,—

  within the jurisdiction of the Board.

(2) The Board having jurisdiction in respect of the Whanganui National Park shall, in carrying out its functions,—

• (a) Have regard to the spiritual, historical, and cultural significance of the Wanganui River to the Whanganui iwi; and

• (b) Seek and have regard to the advice of the Whanganui River Maori Trust Board on any matter that involves the spiritual, historical, and cultural significance of the park to the Whanganui iwi.

(1) There may from time to time be appointed under the State Sector Act 1988 suitable persons to be rangers for the purposes of this Act.

(2) The Minister may from time to time appoint a suitable person to be a ranger in an honorary capacity for the purposes of this Act.

(3) Any ranger may be appointed for a particular park or parks or to exercise his powers generally throughout New Zealand.

(4) The Director-General shall supply to every ranger a written warrant signed by or on behalf of the Director-General evidencing the appointment, and the production of that warrant shall, in the absence of proof to the contrary, be sufficient proof of the appointment.

(5) Every ranger shall, on the expiration of the term of his appointment, or on the sooner vacation of his office, surrender to the Director-General his warrant of appointment and any badge of office that may have been issued to him.

(6) Every honorary ranger shall be appointed to hold office during the pleasure of the Minister or for such specified term as the Minister thinks fit.

(7) No person appointed to be an honorary ranger shall, by virtue of that appointment, be deemed to be employed in the service of Her Majesty for the purposes of the State Sector Act 1988 or of the Government Superannuation Fund Act 1956.

(8) Every constable, every warranted officer appointed under subsection (1) or deemed to have been appointed by subsection (9) of section 59 of the Conservation Act 1987, and every ranger appointed under the Wildlife Act 1953, shall, by virtue of his office, have all the powers of a ranger under this Act.

(1) Subject to subsection (2) of this section, the Minister may from time to time delegate any of his powers and functions under this Act (except this power of delegation) to the Director-General, or to any other officer or officers of the Department specified by the Minister, either in respect of matters within his jurisdiction generally, or in any particular case or matter, or any particular class of cases or matters, or in respect of any national park or parks.

(2) The Minister shall not delegate—

• (a) His powers and functions under sections 7, 10, and 12 of this Act; or

• (b) His power to consent to any action of the Director-General taken under this Act where that consent is required by this Act; or

• (c) His power to make bylaws under section 56 of this Act.

(3) The officer or officers referred to in subsection (1) of this section may be an officer or officers referred to by name or the officer or officers who for the time being and from time to time hold specified positions in the Department.

(4) Subject to any general or special directions given or conditions attached by the Minister, any officer to whom any power or function has been so delegated may exercise that power or perform that function in the same manner and with the same effect as if it had been directly conferred on that officer by this Act and not by delegation.

(5) Every officer purporting to act under any delegation under this section shall, in the absence of proof to the contrary, be presumed to be acting within the terms of that delegation.

(6) Any such delegation may at any time be revoked by the Minister in whole or in any part, but that revocation shall not affect in any way anything done under the delegated authority before the revocation.

(7) No such delegation shall prevent the exercise by the Minister himself of any of the powers and functions conferred on him by this Act.

(1) Subject to subsection (2) of this section, the Director-General may from time to time delegate any of his powers and functions under this Act (except this power of delegation) to any officer or officers of the Department specified by him, either in respect of matters within his jurisdiction generally, or in any particular case or matter, or any particular class of cases or matters, or in respect of any national park or parks.

(2) The Director-General shall not delegate any powers delegated to him by the Minister without the written consent of the Minister.

(3) The officer or officers referred to in subsection (1) of this section may be an officer or officers referred to by name or the officer or officers who for the time being and from time to time hold specified positions in the Department.

(4) Subject to any general or special directions given or conditions attached by the Director-General, any officer to whom any power or function has been so delegated may exercise that power or perform that function in the same manner and with the same effect as if they had been conferred on him directly by this section and not by delegation.

(5) Every officer purporting to act under any delegation under this section shall, in the absence of proof to the contrary, be presumed to be acting in accordance with the terms of that delegation.

(6) Any such delegation may at any time be revoked by the Director-General in whole or in any part, but that revocation shall not affect in any way anything done under the delegated authority before the revocation.

(7) No such delegation shall prevent the exercise by the Director-General himself of any of the powers and functions conferred on him by this Act.

The Department shall, subject to this Act, and in accordance with—

• (a) Any statements of general policy adopted under section 44 of this Act; and

• (aa) Any conservation management strategy for the time being in force in respect of a park; and

• (b) Any management plan for the time being in force in respect of a park—

administer and manage all national parks in such a manner as to secure to the public the fullest proper use and enjoyment of the parks consistent with the preservation of their natural and historic features and the protection and well-being of their native plants and animals.

(1) The Authority may, in accordance with subsections (2) to (7) of this section, adopt statements of general policy for national parks and amend such statements so that they are adapted to changing circumstances or in accordance with increased knowledge.

(2) Every statement of general policy shall be prepared initially in draft form by the Director-General in consultation with the Authority.

(3) Unless the Authority acting under subsection (7) of this section otherwise resolves, the Director-General shall, on the direction of the Authority,—

• (a) Give notice by advertisement published in daily newspapers circulating in the cities of Auckland, Hamilton, Wellington, Christchurch, and Dunedin of the availability of the draft statement of general policy for public inspection; and

• (b) In that notice invite persons and organisations interested to lodge with the Director-General written comments on the draft statements of general policy before a date specified in the notice being not less than 2 months after the date of publication of the notice; and

• (c) Make the draft statement of general policy available for public inspection, free of charge, during ordinary office hours at the office of the Director-General at Wellington and at such other places as the Authority decides.

(4) The Director-General shall convey any comments received by him, together with any comments of his own, to the Authority which shall review the draft statement of general policy.

(5) Before adopting any statement of general policy the Authority shall submit the draft statement to the Minister for his comments.

(6) In adopting any statement of general policy the Authority shall have regard to the views of the Minister.

(7) The provisions of this section relating to the adoption of statements of general policy shall apply to every amendment of any such statement, except that the Authority may, if it thinks fit, resolve that the procedure specified in subsection (3) need not be followed.

(8) Every current statement of general policy adopted by the Authority shall be available for public inspection free of charge during ordinary office hours at the office of the Director-General at Wellington and at such other places as the Authority decides.

(1) Every conservation management strategy shall establish objectives for the management of national parks and any areas within any such parks, in the area to which it relates.

(2) Nothing in any management plan shall derogate from the provisions of any conservation management strategy.

(1) A management plan shall be prepared for each park in accordance with this section and sections 46 to 48 of this Act.

(2) The management plan shall provide for the management of the park in accordance with this Act.

(3) If, at the commencement of this Act, there is an approved management plan for a park, this section and sections 46 to 48 of this Act shall apply to that plan as if it had been approved under this Act on the date on which it was approved.

(4) Where any management plan has been prepared but not approved at the commencement of this Act, that plan may be approved under section 48 of this Act as if it had been prepared in accordance with section 47 of this Act.

(5) Where a park is constituted after the commencement of this Act, a management plan shall be prepared in respect of that park within 2 years after constitution of that park.

(1) The Director-General and the Board affected shall amend or review the management plan so that it takes account of increased knowledge or changing circumstances.

(2) A management plan may be reviewed in whole or in part.

(3) Every such plan shall be reviewed and that review approved as a whole at intervals of not more than 10 years in accordance with section 47 of this Act.

(4) Subject to subsection (5) of this section, every amendment under this section shall be made in accordance with sections 47 (except subsection (1)) and 48 of this Act.

(5) Where any such amendment is of such a nature that the Director-General and the Board affected consider that it will not materially affect the objectives or policies expressed in the plan or the public interest in the area concerned, the amendment shall be dealt with in accordance with sections 47 (except subsections (1) to (3)) and 48 of this Act.

(1) Before preparing or reviewing a management plan for any park, the Director-General shall consult the Board having jurisdiction over that park, and shall—

• (a) Give notice by advertisement published in a newspaper circulating in the area in which the park is situated and in daily newspapers circulating in the cities of Auckland, Hamilton, Wellington, Christchurch, and Dunedin of the intention to do so; and

• (b) In that notice, invite persons and organisations interested to send to the Director-General written suggestions for the proposed plan within a time specified in the notice.

(2) Every management plan shall be prepared initially in draft form by the Director-General in consultation with the Board, and the Director-General shall —

• (a) Give notice by advertisement published in a newspaper circulating in the area in which the park is situated and in daily newspapers circulating in the cities of Auckland, Hamilton, Wellington, Christchurch, and Dunedin that the draft plan is available for inspection at a place and at times specified in the notice, and calling upon persons or organisations interested to lodge with the Director-General written comments on the draft plan before a date specified in the notice, being not less than 2 months after the date of publication of the notice; and

• (b) Give notice in writing, so far as is practicable, to all persons and organisations who or which made written suggestions under subsection (1) of this section stating that the draft plan has been prepared and is available for inspection at the place and during the times specified in the notice, and requiring any such person or organisation who or which desires to comment on the draft plan to make those comments in writing to the Director-General before a specified date, being not less than 2 months after the date of the giving of the notice; and

• (c) Make the draft management plan available for public inspection, free of charge, during ordinary office hours at places decided by the Director-General, and at the office of the Director-General at Wellington.

(3) The Board and the Director-General shall give every person or organisation who or which, in making any comments under subsection (2) of this section, asked to be heard in support of his or her or its comments a reasonable opportunity of appearing before a meeting of the representatives of the Board and the Director-General in support of his or her or its comments.

(4) The Director-General may, after considering all comments and submissions made under subsections (2) and (3) of this section, amend any draft management plan in such manner as the Director-General thinks fit, and shall send it to the Board.

(5) The Board shall consider the amendments made by the Director-General under subsection (4) of this section, and shall either—

• (a) Send the draft back to the Director-General for further consideration and revision and after such consideration send the draft to the Authority for approval; or

• (b) Send the draft to the Authority for approval.

(6) With every recommendation made under subsection (5) of this section, the Board shall also send to the Authority—

• (a) A summary of the comments received and a statement of the extent to which they have or have not been accepted; and

• (b) Statements of any matters relating to the management plan on which the Director-General and the Board have been unable to reach agreement.

(7) In exercising their functions, duties, and powers under this section, the Board, the Director-General, and the Authority shall have regard to any relevant concessions for the time being in force.

(1) The Authority shall consider the plan and the matters referred to it under section 47(6) of this Act and, after modifying the plan in such manner as it thinks fit, shall refer the plan to the Minister.

(2) Before approving any management plan, the Authority shall, without limiting section 19 of this Act, have regard to the views of the Minister.

(3) Every management plan shall have effect on the date on which it is approved by the Authority, or such later date as may be specified by the Authority.

(4) Every approved management plan shall be available for public inspection during ordinary office hours, free of charge, at places decided by the Board, and at the office of the Director-General at Wellington.

(1) The Minister may, in accordance with Part 3B of the Conservation Act 1987, grant a concession in respect of any park; and the said Part 3B shall apply as if references in that Part to a conservation area were references to a park and with any other necessary modifications.

(2) Before granting any concession over a park, the Minister shall satisfy himself or herself that a concession—

• (a) Can be granted without permanently affecting the rights of the public in respect of the park; and

• (b) Is not inconsistent with section 4 of this Act.

(3) The Minister may impose a reasonable charge for the use of any facilities (other than a path or track) provided by the Minister in or in respect of any park.

(4) A concessionaire of any part of any park may, to the extent that the concessionaire's concession document so provides, impose a reasonable charge for the use of any facilities (other than a path or track) provided by the Minister in or in respect of the park.

(5) Any person who—

• (a) Has, in accordance with any concession or other consent of the Minister, erected any structure or facility in any park; or

• (b) Uses for camping sites or for parking places for vehicles any part of any park; or

• (c) Carries on any activity in any park—

may, subject to the relevant conservation management strategy or management plan (if any) and the terms and conditions (if any) of the concession document concerned, impose a reasonable charge in respect of access to or the use of structures, sites, or places, or the carrying on or products of the activity.

(6) Nothing in this section authorises any person to do anything on or in respect of any private land.

(7) This section is subject to Part 2 of the Forests (West Coast Accord) Act 2000, in relation to land that is added to a national park as a result of a declaration under section 8(1) of that Act.

(1) The Minister may, from time to time, in accordance with the management plan for a park, and on such terms and conditions as to design, materials, situation, custody, use, rental, inspection, maintenance, public access, or otherwise as he determines,—

• (a) Establish, or authorise, or assist in the establishment by any body or person (whether incorporated or not), of camping grounds, huts, hostels, accommodation houses, hotels, and other buildings, or facilities in any park:

• (b) [Repealed]

• (c) Erect or authorise the erection of accommodation for the use of rangers or officers of any Department of State or other persons engaged in the administration, control, or management of the park or the protection of forests in or adjacent to the park:

• (d) Grant concessions over or in respect of land within the park as sites for dwellings for persons or bodies (whether incorporated or not) carrying on any activity within the park.

(2) In the exercise of the powers conferred by subsection (1) of this section, the Minister may permit the use of stone, gravel, or similar substances found in the park.

(3) [Repealed]

(4) Notwithstanding subsection (1) of this section, the Minister may grant a lease or licence of any hotel, accommodation house, or facility that was established in any park before the commencement of this subsection, whether or not the grant of any such lease or licence is authorised by either of those subsections.

(5) While a lease or licence granted under subsection (4) of this section is in force, the following provisions shall apply:

• (a) The person or body carrying out any review of the management plan for the park shall have regard to the provisions of that lease or licence:

• (b) Before granting a new lease or licence in place of that lease or licence, or a renewal of that lease or licence, the Minister shall have regard to the provisions of the management plan (if any) that is for the time being in force for the park.

(1) This section applies to farming land and grazing land that, in the public interest, should continue to be farmed or grazed.

(2) The Minister may, in accordance with the management plan for the park, grant concessions under section 49 of this Act over any part of the park that is land to which this section applies.

(1) This Act shall not confer on the Minister or the Department any jurisdiction or authority with respect to any public road that is within the boundaries of the park.

(2) Except with the consent of the Minister given in accordance with the management plan for a park, no roads may be made over or through the park.

(1) The Minister may from time to time, by notice in the Gazette, make bylaws that are not inconsistent with the management plan for any park for all or any of the following purposes:

• (a) The management, safety, and preservation of any park, and the safety and preservation of the native plants and animals in the park:

• (b) The safety and protection of the public using any parks:

• (c) Excluding the public from any specified part or parts of any park:

• (d) Prescribing the conditions on which persons shall have access to or be excluded from any park or any part of any park, or on which persons may use any building or facility in a park, and fixing charges for the admission of persons to any part of any park set apart for any specified purpose of public recreation and for the use of any such building or facility:

• (e) Prescribing conditions for the use of camping sites, or picnic places in any park, and fixing charges for the use of any such camping sites, or picnic places:

• (f) Prohibiting or regulating the use or parking of vehicles or the use or mooring of boats in any park:

• (g) Setting apart and prescribing conditions and fixing charges for the use of parking areas within any park, and providing for the removal from any such area of any motor vehicle parked there in breach of any such condition:

• (h) Prohibiting or regulating the use of any internal combustion engine in any park, whether or not that engine is the means of propulsion of any vehicle, boat, machinery, or appliance.

• (i) Prescribing conditions on which persons may be permitted to enter or remain in any wilderness area within any park:

• (j) Prescribing the safety devices to be fitted to any machinery or device operated in any park under the authority of any agreement, lease, or licence made or granted by the Minister, and regulating the operation and maintenance of such machinery or devices:

• (k) Prohibiting the hovering over or landing of any aircraft on any part of a park:

• (l) Prescribing conditions upon which operators and pilots in command of aircraft may land and take off or set down, pick up, or recover within any park any person, livestock, carcass, or article of any description:

• (m) Prescribing fines, not exceeding $500 in any one case, for the breach of any bylaw made under paragraphs (a) to (j) of this subsection:

• (n) Prescribing fines, not exceeding $5,000 in any one case, for the breach of any bylaw made under paragraph (k) or paragraph (l) of this subsection.

(2) Bylaws may be made under subsection (1) of this section in respect of parks generally, or in respect of any one or more of those parks.

(3) The publication in the Gazette of any bylaws purporting to have been made under this section shall be conclusive evidence that the bylaws have been made under this section.

Except as provided in this Act or in any bylaws made under this Act, no person, being an owner of a dog or a person in charge of a dog, shall allow that dog to be in a national park.

(1) Subject to section 56C of this Act, the Director-General may from time to time issue in respect of any dog a dog control permit allowing the owner or any other person in charge of that dog to take that dog into any national park or part of a national park specified in the permit.

(2) Without limiting the generality of subsection (1) of this section, it is hereby declared that the Director-General may refuse to issue a dog control permit if the permit is sought—

• (a) In relation to a dog that is classified as a dangerous dog under section 31 of the Dog Control Act 1996 or is not registered under that Act; or

• (b) By a person who is—

  • (i) A person classified under section 21(1) of the Dog Control Act 1996 as a probationary owner; or

  • (ii) A person disqualified under section 25 of the Dog Control Act 1996 from being the owner of any dog; or

  • (iii) A person who has been convicted of an offence under the Dog Control and Hydatids Act 1982; or

  • (iv) A person who has been convicted of an offence against section 26ZZP or section 26ZZQ of the Conservation Act 1987 or section 56I of this Act; or

  • (v) A person who has been convicted of an offence against the Wildlife Act 1953, the Marine Mammals Protection Act 1978, or the Trade in Endangered Species Act 1989 or any regulations made under any of those Acts.

(3) Every dog control permit issued under subsection (1) of this section shall be subject to—

• (a) The condition that the holder carry the permit on his or her person whenever the holder is in a national park and is accompanied by the dog; and

• (b) Such other conditions as the Director-General thinks fit to impose.

(4) Every dog control permit issued under subsection (1) of this section shall state the activity and purpose for which it is issued.

(1) The Director-General, in exercising his or her powers under subsection (1) or subsection (3)(b) of section 56B of this Act, shall have regard to—

• (a) Any actual or potential risk to protected wildlife vulnerable to dogs that is on or in the vicinity of the national park or the part of the national park in respect of which the permit is sought:

• (b) The purposes for which national parks are held:

• (c) The provisions of any relevant statement of general policy, management strategy, or conservation management plan:

• (d) The need to preserve the safety of members of the public who are likely to be in the national park or in the vicinity of the national park:

• (e) Any conflict between—

  • (i) Dogs or people with dogs; and

  • (ii) Other users of the national park—

  that may or will occur in the national park or in relation to the use of the national park.

(2) The Director-General shall not issue a dog control permit under section 56B(1) of this Act unless he or she is satisfied—

• (a) That a dog is essential for the proposed activity; and

• (b) That the proposed activity—

  • (i) Is lawful; and

  • (ii) Is not inconsistent with the purposes of this Act or the relevant management strategy or conservation management plan.

The Director-General may amend or revoke a dog control permit issued under section 56B(1) of this Act.

(1) Any person being—

• (a) A Police employee; or

• (b) A ranger; or

• (c) An officer or employee of the Department; or

• (d) A Customs Officer; or

• (e) A search and rescue person—

may, in the course of his or her official duties or in the course of his or her training for those duties and without being the holder of a dog control permit, take a dog into a national park.

(2) Any blind or partly blind person who uses a guide dog may, without being the holder of a dog control permit, take that guide dog into a national park.

(3) Any person who uses a companion dog may, without being the holder of a dog control permit, take that companion dog into a national park.

(1) Any ranger who finds a dog in a national park may, unless that dog is in the national park in accordance with—

• (a) A bylaw made under this Act; or

• (b) A dog control permit issued under section 56B of this Act; or

• (c) Section 56E of this Act,—

seize that dog.

(2) Where a dog is in a national park by virtue of a permit issued under section 56B of this Act, any ranger may seize that dog if—

• (a) The dog is not in the immediate vicinity of the holder of the permit and the ranger has good cause to suspect that there is a significant risk—

  • (i) Of injury to any person or any protected wildlife; or

  • (ii) Of disturbance to any protected wildlife; or

• (b) Any condition of the permit or any provision of any bylaw made under this Act is not being observed in relation to the dog; or

• (c) The holder of the permit is in the immediate vicinity of the dog but the ranger has good cause to suspect that the holder of the permit is unwilling or unable to control the dog; or

• (d) The dog has caused injury to any person or to any protected wildlife or has killed any protected wildlife.

(3) Where a dog is at large in a national park and, a ranger or any other person has good cause to suspect,—

• (a) That any condition of a dog control permit or any provision of any bylaw made under this Act is not being observed in relation to that dog; or

• (b) That dog is likely to cause annoyance or distress to any person or animal; or

• (c) That dog is likely to damage any property in the national park; or

• (d) That dog has caused annoyance or distress to any person or animal; or

• (e) That dog has damaged any property in the national park; or

• (f) That dog has caused injury to any person or to any protected wildlife or has killed any protected wildlife,—

that ranger or other person may seize that dog.

(4) Where a ranger has, under any provision of subsections (1) to (3) of this section, power to seize a dog but is of the opinion that it is impracticable to do so, that ranger may, without any further inquiry, destroy that dog.

(1) Where a ranger or any other person seizes a dog under any provision of section 56F of this Act, that ranger or other person may—

• (a) Cause that dog to be returned to its owner; or

• (b) Hold the dog in a kennel under the Department's custody; or

• (c) Place the dog in the custody of a territorial authority to be impounded under section 69 of the Dog Control Act 1996.

(2) Where a dog is held by the Department under subsection (1)(b) of this section, the following provisions shall apply:

• (a) The Director-General may, in his or her discretion, return the dog to its owner subject to payment by the owner of any charges incurred, unless the Director-General, in his or her discretion, decides to waive or reduce the charges:

• (b) The Director-General or an employee of the Department shall, as soon as practicable after the dog has been seized,—

  • (i) Give written notice to the nearest territorial authority that the dog has been seized and is held by the Department and shall include in that notice a description of the dog and any other means of identifying it:

  • (ii) Give written notice to the owner of the dog (where the owner of the dog is known or can reasonably be located) that the dog has been seized and that, unless the dog is claimed and any charges paid within 7 days of the receipt of that notice, the dog may be sold, destroyed, or otherwise disposed of in such manner as the Director-General thinks fit; and after the expiry of that period the Director-General may so dispose of the dog:

• (c) Where the owner of the dog is not known and cannot be identified, the Director-General may, after the expiry of 7 days after the date of the seizure of the dog, sell, destroy, or otherwise dispose of the dog in such manner as the Director-General thinks fit:

• (d) The sale, destruction, or other disposal of a dog under these provisions shall not relieve any former owner of the dog of the liability to pay any fees incurred in respect of the dog's seizure, sustenance, and holding.

(3) Where a dog that is not registered under the Dog Control Act 1996 but ought to be so registered is held by the Department under subsection (1)(b) of this section, no offence is committed against section 42 of that Act by the person holding or disposing of the dog under subsection (1)(b) of this section.

(4) Except as provided in subsection (1)(c) of this section, nothing in section 69 of the Dog Control Act 1996 affects or limits the provisions of this section.

(1) The reasonable costs of the seizure, holding, maintaining, or destruction of a dog under this Part of this Act shall constitute a debt due to the Crown by the owner of the dog and, subject to subsection (2) of this section, shall be recoverable by the Director-General from the owner of the dog.

(2) The Director-General may, in the Director-General's absolute discretion, refund or waive payment of all or any part of any sum paid or required to be paid pursuant to this section.

(1) Every person commits an offence against this Act and is liable on summary conviction to imprisonment for a term not exceeding 12 months or to a fine not exceeding $10,000 or to both who,—

• (a) Being the owner of a dog or a person in charge of a dog, allows that dog, in contravention of section 56A of this Act, to be in a national park; or

• (b) Being a person who is authorised, by or under this Act, to take a dog into a national park, fails to keep under proper control a dog that he or she has taken into a national park; or

• (c) Being the owner or a person in charge of a dog, fails to comply with any condition of a dog control permit.

(2) Without limiting the generality of subsection (1)(b) of this section, a dog shall, for the purposes of this Act, be deemed not to be under proper control if it is found at large in a national park.

(1) Any ranger may, for the purposes of dog control in any national park request any person who is in that national park and who appears to be in charge of any dog to state his or her own name, address, and date of birth, and, where that person claims not to be the owner of the dog, to state the name and address of the owner of the dog.

(2) Every person commits an offence and is liable on summary conviction to a fine not exceeding $1,500 who, without reasonable excuse, fails or refuses to comply with any lawful request under subsection (1) of this section, or wilfully states a false name or address or date of birth in response to such a request.

(3) Any ranger who is a constable and who—

• (a) Has good cause to suspect that an offence against subsection (2) of this section has been committed by any person; and

• (b) Has warned that person of the provisions of this subsection; and

• (c) Has good cause to suspect that a further offence against subsection (2) of this section has been committed by that person subsequent to the warning,—

may arrest that person without a warrant.

(1) Subject to subsections (3) and (4) of this section, in any proceedings in respect of an offence against any provision of this Part of this Act, a certificate purporting to be signed by the Director-General or any officer authorised by the Director-General for that purpose to the effect that, on a date specified in the certificate, the defendant or other named person was not the holder of a dog control permit shall, in the absence of proof to the contrary, be sufficient evidence of the matter stated in the certificate.

(2) A copy of any licence or document granted or issued under this Act which is certified correct by the Director-General, or any officer of the Department duly authorised by the Director-General in that behalf, shall, in any proceedings for an offence against this Part of this Act, be sufficient, in the absence of proof of the contrary, to prove that licence or other document.

(3) The production of any certificate or copy of any document for the purpose of this section purporting to be signed by any person authorised under this section to sign it shall, in any proceedings for an offence against this Part of this Act, be prima facie evidence of the certificate or copy without proof of the signature of the person appearing to have signed it.

(4) The production of any certificate or copy of any document signed by the Director-General and certifying that the land upon which any offence is alleged to have taken place was included within a national park shall, in any proceedings for an offence against this Part of this Act, be sufficient evidence that the land was within a national park.

(1) In any prosecution for any offence against any provision of section 56I of this Act, it shall not be necessary for the prosecution to prove that the defendant intended to commit an offence.

(2) It shall be a defence in any such prosecution if the defendant proves—

• (a) That the defendant did not intend to commit the offence; and

• (b) That—

  • (i) In any case where it is alleged that anything required to be done was not done, the defendant took all reasonable steps to ensure that it was done; or

  • (ii) In any case where it is alleged that anything prohibited was done, that the defendant took all reasonable steps to ensure that it was not done.

(1) All money received by way of rent, penalties, fee, fines, royalties, donations, subsidies, or otherwise under this Act shall be paid in accordance with the Public Finance Act 1989 into the Crown Bank Account, the Department's Departmental Bank Account, or a Trust Bank Account and applied, as directed by the Minister, in purchasing, taking on lease, managing, administering, maintaining, protecting, improving, or developing national parks, conducting research into matters related to national parks, or for educational purposes associated with national parks, or otherwise in carrying out the objects of this Act.

(2) Notwithstanding subsection (1) of this section, where any money has been received under this Act by way of gift or bequest and the person who gave or bequeathed the money has directed that the money shall be used for any particular purpose or purposes or in any particular park or parks, that money shall be applied only in accordance with those directions.

(1) Where any land is excluded from any park and the land is subsequently alienated by the Crown the proceeds of the alienation shall be paid into the Crown Bank Account, and the following provisions shall apply:

• (a) Except in a case to which paragraph (b) of this subsection applies, an amount equal to the proceeds of the sale may, if the Minister so directs, be paid out of public money, and applied in accordance with section 57 of this Act:

• (b) Where the land is sold on deferred-payment licence or is granted on Crown lease, there may, if the Minister so directs, be paid out of public money, and applied in accordance with section 57 of this Act—

  • (i) An amount equal to the purchase price payable under the deferred-payment licence, or, as the case may be, the rental value of the lease; or

  • (ii) An amount equal to the instalments (including interest) paid under the deferred-payment licence, or, as the case may be, the rent paid under the lease.

(2) Where, before the commencement of this Act, any land was excluded from a national park, then, notwithstanding anything in any other Act, subsection (1) of this section shall apply with respect to the proceeds of any alienation of the land received after the commencement of this Act as if the land had been excluded from the national park under section 11 of this Act.

Any local authority may from time to time make contributions out of its general fund or account towards the cost of acquisition by the Crown of any land or interest in land for national park purposes or for the management, improvement, and maintenance of any national park, or of any part of a national park, notwithstanding that the national park may be situated outside the district of that local authority.

(1) Every person commits an offence against this Act who, without being authorised by the Minister (the proof of which shall be on the person charged) or by any bylaw made under this Act,—

• (a) Causes or allows any animal owned by him or under his control to trespass on any park; or

• (b) Takes any animal into or liberates any animal in any park; or

• (c) Plants any plant, or sows or scatters the seed of any plant, or introduces any substance that he knows or ought to have known is injurious to plant or animal life, in any park; or

• (d) Removes or wilfully damages any, or any part of, any plant, stone, mineral, gravel, kauri gum, protected New Zealand object, or relic in any park; or

• (e) Wilfully digs, cuts, excavates, or damages the turf in any park; or

• (f) Occupies or uses any land in a park for cultivation or any other purpose; or

• (g) Wilfully damages or defaces any fence, building, or apparatus in any park; or

• (h) Takes or destroys or wilfully injures or in any manner disturbs or interferes with any native animal or the nest or eggs of any native animal in any park; or

• (i) Erects any building, sign, hoarding, or apparatus in any park; or

• (j) Conducts in any park any activity for which a concession is required under this Act; or

• (k) In any way interferes with or damages the natural or historic features of any park; or

• (l) Contravenes or fails to comply with section 51A of this Act.

(2) Every person commits an offence against this Act who—

• (a) When required by notice from the Minister or the Director-General to remove from a park any animal owned by him or under his control, fails to do so within the period specified in the notice; or

• (b) Being the driver of any vehicle or the pilot of any aircraft or the person in charge of any boat that is illegally in a park or part of a park, fails or refuses to remove it from the park or part of a park when required to do so by any ranger; or

• (c) Without a concession or other right or authority, does or causes to be done any act, matter, or thing for which a concession or other right or authority is required by this Act; or

• (d) Unlawfully alters, obliterates, defaces, pulls up, removes, interferes with, or destroys any boundary marks, or any stamp, mark, sign, poster, intentions book, concession, or other right or authority issued by the Minister or the Department.

(3) Every person commits an offence against this Act who uses, receives, sells, or otherwise disposes of any item specified in paragraph (d) or paragraph (h) of subsection (1) of this section knowing it to have been removed unlawfully from any park.

(4) Every person commits an offence against this Act who, without being authorised by the Minister (the proof of which shall be on the person charged),—

• (a) Is in possession of any chainsaw or any firearm, trap, net, or other like object in a park; or

• (b) Discharges any firearm in a park; or

• (c) From outside a park, shoots at any animal or any other object or thing inside the park with any firearm.

(5) Where any person is found discharging a firearm in contravention of subsection (4) of this section, section 61(6) of this Act shall apply in respect of that firearm in all respects as if it were illegally in the possession of that person in the park.

(6) Any person convicted of an offence under this section shall, in addition to any penalty for which he may be liable for the offence, be liable to pay the cost of repairing or restoring any damage done to the park, or to any plant or property growing or being in the park in the course of committing such an offence.

(7) Any person convicted of an offence under this section shall, in addition to any penalty for which he may be liable for the offence and in addition to any costs for which he may be liable under subsection (6) of this section, be liable to pay twice the full market value of any animal or substance removed from the park if the District Court Judge is satisfied that the animal or substance was so removed in the course of committing such an offence for commercial or other gain.

(8) For the purposes of subsections (6) and (7) of this section, the cost or value shall be assessed by a District Court Judge, and shall be recoverable summarily in like manner as a fine.

(1) Any ranger may seize any item found in the possession of any person in a park, if he has reasonable cause to believe that that person, in obtaining possession of the item, committed an offence against this Act.

(2) Any such item shall be retained by the Director-General pending the trial of that person for the offence in respect of which it was seized.

(3) If no proceedings are taken in respect of that offence within 6 months after that seizure, or if in proceedings taken within that period the information is dismissed, then,—

• (a) In any case where the item seized is protected wildlife or the nest or egg of any protected wildlife or the body of any protected wildlife, or any part thereof, it shall be dealt with under the Wildlife Act 1953:

• (b) In any case where the item seized is a protected New Zealand object, it shall be dealt with as follows:

  • (i) Where, under the Protected Objects Act 1975, it is the property of the Crown, it shall be delivered to the Secretary for Internal Affairs or, with his consent, kept in the custody of the Director-General:

  • (ii) In any other case, it shall be delivered to the person who is entitled to its custody under the Protected Objects Act 1975:

• (c) In any other case, the item seized shall be returned to the person from whom it was seized.

(4) Where in proceedings taken within that period in respect of that offence against the person from whom the property was seized, the defendant is convicted of the offence in respect of which the property was seized, then—

• (a) In any case where that property is protected wildlife or the nest or egg of any protected wildlife or the body of any protected wildlife, or any part thereof, it shall be forfeited to the Crown and shall be dealt with under the Wildlife Act 1953:

• (b) In any case where the item seized is a protected New Zealand object, it shall be dealt with as follows:

  • (i) Where, under the Protected Objects Act 1975, it is the property of the Crown, it shall be delivered to the Secretary for Internal Affairs or, with his consent, kept in the custody of the Director-General:

  • (ii) In any other case, it shall be delivered to the person who is entitled to its custody under the Protected Objects Act 1975:

• (c) In the case of any other item, it shall be forfeited to the Crown.

(5) All buildings, signs, hoardings, fences, or apparatus erected in any park without the written consent of the Minister shall be forfeited to the Crown.

(6) Any chainsaw, firearm, trap, net, or other like item found in the unlawful possession of any person in any park, and any item found in the possession of any person in any park and used in committing an offence in the park, may be seized by any ranger, and shall be retained by the Director-General and dealt with under subsection (7) or subsection (8) of this section.

(7) Where proceedings are not taken against the person from whom the item was seized within 6 months of the seizure of the item, it shall be returned to him at the expiration of that period.

(8) Where proceedings are taken against the person from whom the item was seized within 6 months of the seizure of the item, it shall, when the proceedings are completed, be returned to that person, unless the Court, if it enters a conviction, directs that the item shall be forfeited to the Crown.

(9) Every item that is forfeited to the Crown under this section shall be returned to the park or sold or otherwise disposed of in such manner as the Minister directs.

(10) The proceeds of the sale or disposal of anything sold or otherwise disposed of under this section shall be dealt with under section 57 of this Act as if it were money received under this Act.

(1) Any animal that is found trespassing on a national park may be seized by any ranger or person called upon by him for assistance.

(2) Where any such animal is unbranded or unregistered and has no reputed owner, it shall be forfeited to the Crown, and the Minister may cause it to be destroyed, sold, or otherwise disposed of as he thinks fit.

(3) Where any such animal is branded or registered or has a reputed owner, the Minister may,—

• (a) Give written notice to the reputed owner, or his agent, or any person who ought to have charge of the animal; or

• (b) Issue, once a week for 2 consecutive weeks in some newspaper circulating in the locality, a notice,—

calling on the owner or reputed owner to remove the animal from the park or from any other place to which it may have been transferred, and giving warning that, if the animal is not removed within 14 days after the date of the first notice, it may be destroyed, sold, or otherwise disposed of.

(4) If any animal referred to in subsection (3) of this section is not so removed within the period mentioned in the notice, the Minister may cause it to be destroyed, sold, or otherwise disposed of.

(5) Any person convicted of an offence against section 60(1)(a) of this Act shall, in addition to any penalty for which he may be liable in respect of the offence, be liable to pay—

• (a) Any costs incurred by the Minister in giving or issuing any notice under subsection (3) of this section; and

• (b) The expenses of mustering, keeping, destroying, selling, or otherwise disposing of the animal in accordance with this section; and

• (c) The cost of repairing or restoring any damage done to the park by the animal.

(6) The costs and expenses referred to in subsection (5) of this section shall be assessed by a District Court Judge and shall be recoverable summarily in like manner as a fine.

(7) All money received by the Minister under this section shall be paid into the Public Account to the credit of the Trust Account and dealt with in accordance with section 57 of this Act.

(8) Nothing in this section applies to wild animals (as defined in section 2 of the Wild Animal Control Act 1977).

Every person commits an offence against this Act who—

• (a) Wilfully obstructs a ranger while acting in the execution of any of the functions, powers, or duties conferred or imposed on him by this Act:

• (b) After being found offending against this Act or any bylaw made under this Act and being required to disclose his true name and address by a ranger refuses to disclose his true name and address:

• (c) Not being a ranger, represents himself to be a ranger.

(1) Any ranger may summarily interfere to prevent any offence against this Act or any bylaw made under this Act, and may require any person found offending to desist from the offence.

(2) If any person when required to desist from an offence against this Act continues the offence, he commits a further offence against this Act.

(1) Any ranger may, in the exercise of his functions, powers, and duties within any park, at any time that is reasonable in the circumstances,—

• (a) Search, and for that purpose, stop and detain, any vehicle, or any riding or pack animal, or any boat, or any aircraft while on the ground or on the water, and search any tent, caravan, hut, or bach, if he has reasonable cause to believe—

  • (i) That any offence against this Act or any bylaw made under this Act has been committed by the owner or person in possession or occupation thereof or by any other person; and

  • (ii) That evidence relating to the offence will be found in the course of that search; and

• (b) In the presence of the owner or other person in possession, open and search any parcel, package, case, bag, luggage, or other container in or on that vehicle, riding or pack animal, boat, aircraft, tent, caravan, hut, or bach.

(2) When exercising any power conferred by this section, a ranger shall produce evidence of his or her identity and authority whenever reasonably requested to do so.

(1) Any authorised officer who has good cause to suspect that an offence against this Act or any bylaws made under this Act has been committed on or from or in respect of any boat or by any person on any boat, may, while that boat is within the territorial sea of New Zealand, and if he has reasonable cause to believe that evidence relating to the offence is on that boat,—

• (a) At any time that is reasonable in the circumstances, stop, board, and search the boat; and

• (b) Inspect, seize, and detain any specimens of plants or animals, rock, mineral, soil, or protected New Zealand objects on board that he has good cause to believe have been taken from a park; and

• (c) Arrest without warrant any person whom he has good cause to suspect of having committed such an offence.

(2) Any authorised officer may exercise the powers conferred on him by subsection (1) of this section with the aid of such assistants as he considers to be necessary for the purpose.

(3) When exercising any power conferred by subsection (1) of this section, an authorised officer shall produce evidence of his or her identity and authority whenever reasonably requested to do so.

(4) Every person commits an offence against this Act who in any way prevents or attempts to prevent any authorised officer or any assistant of any authorised officer from exercising any power conferred by this section.

(5) Section 61 of this Act shall apply with respect to anything seized under subsection (1)(b) of this section as if it had been seized under that section.

(6) In this section the term authorised officer means—

• (a) The officer in command of any vessel of the New Zealand Naval Forces; and includes any person under his command and authorised by him to act in any particular case:

• (b) Any ranger:

• (c) Any officer of the Department specifically authorised in writing by the Minister to act under this section:

• (d) Any constable:

• (e) The master of any New Zealand Government ship within the meaning of section 2(1) of the Shipping and Seamen Act 1952.

(1) All offences against this Act or any bylaws under this Act shall be punishable on summary conviction on the information of the Director-General, or some person appointed by him or by the Minister.

(2) Any appointment under subsection (1) of this section may be for the purpose of laying an information in respect of a particular offence, or may be a general appointment to lay informations in respect of offences.

(3) Any officer of the Department, although not the informant, may appear and conduct the prosecution in any proceedings for offences against this Act or any bylaws made under this Act.

Notwithstanding anything in the Summary Proceedings Act 1957, any information in respect of any offence against this Act may be laid at any time within 12 months after the date of the discovery of the offence.

(1) If, in the vicinity of a park, any person is found in possession of any plant, stone, mineral, egg, nest, animal, taonga tuturu, or relic, or any part of any such thing, and, upon being required by any ranger fails or refuses to give a satisfactory account of the manner in which he became possessed of the same, it shall be evidence that he has removed it from the park.

(2) In any proceedings for an offence under this Act or any bylaws made under this Act, it shall be presumed in the absence of proof to the contrary, that all maps, plans, and copies of maps or plans appearing to be certified as true under the hand of a Chief Surveyor are so certified without production of the original records and without the personal attendance of those officers or proof of their signatures.

Every person who commits an offence against this Act for which no penalty is prescribed elsewhere in this Act is liable on summary conviction,—

• (a) Where the offence was committed by an individual, to imprisonment for a term not exceeding 3 months or to a fine not exceeding $2,500, and where the offence is a continuing one, to a further fine not exceeding $250 for every day on which the offence has continued:

• (b) Where the offence was committed by a corporation, to a fine not exceeding $25,000, and, where the offence is a continuing one to a further fine not exceeding $2,500 for every day on which the offence has continued.

(1) Any officer or employee of the Department who has reasonable cause to believe that any boat or vehicle has been abandoned in a park may remove it or cause it to be removed to any place authorised by the Minister for that purpose.

(2) Where the Minister has appropriated any part of a park for parking of vehicles, any officer or employee of the Department may remove to any place so appropriated any vehicle that is parked on any part of the park where the parking of vehicles is prohibited.

(3) Where any vehicle is so removed, the owner or other person in charge of the vehicle shall be liable to the Crown for the cost of removing the vehicle and for the charges that, under bylaws made under this Act, would be payable for the use of that parking space if the vehicle had been parked there by the owner or other person in charge.

(4) Unless, within 2 months after the date on which a vehicle is removed under subsection (1) or subsection (2) of this section, the owner or some other person removes the vehicle from the park or other place where it is stored and pays to the Minister on behalf of the Crown the cost of removing and storing it under subsection (1) of this section or, as the case may be, the cost of removing it under subsection (2) of this section and the parking charges payable under that subsection, then,—

• (a) If the vehicle—

  • (i) Is not a motor vehicle; or

  • (ii) Is a motor vehicle and no licence to use the vehicle for the current licensing year is affixed to it,—

  the Minister may give not less than 14 days' notice by advertisement in 2 issues of a newspaper circulating in the district in which the park is situated, of his intention to sell or destroy the vehicle:

• (b) If—

  • (i) The vehicle is a motor vehicle; and

  • (ii) A licence to use the vehicle for the current licensing year is affixed to it,—

  the Minister may give not less than 14 days' notice to the last registered owner of the vehicle of his intention to sell or destroy the vehicle.

(5) Any notice under subsection (4)(b) of this section may be given by personal delivery to the last registered owner, or by posting it to him by registered letter addressed to him at his last known place of residence or business in New Zealand.

(6) Unless, before the expiry of the notice given under subsection (4) of this section, the owner of the vehicle—

• (a) Pays to the Minister on behalf of the Crown the cost of removing and storing the vehicle under subsection (1) of this section, or, as the case may be, the cost of removing it under subsection (2) of this section and the parking charges payable under that subsection, and, in either case, the cost of any advertisements published under this section; and

• (b) Removes the vehicle from the park or other place to which it was removed,—

the Minister may, at any time after the expiry of the notice, sell the vehicle to any person who shall thereupon become the lawful owner of the vehicle, or the Minister may cause the vehicle to be destroyed.

(7) The proceeds of the sale of any vehicle sold in accordance with this section shall be the property of the Crown and shall be paid into the Public Account to the credit of the Trust Account and applied under section 57 of this Act as if it were money received under this Act.

(8) For the purposes of this section, and without limiting the meaning of the term abandoned, a boat or vehicle shall be deemed to have been abandoned if it is left unused for a period of more than 1 month without the approval of the Minister.

(9) In this section expressions defined in the Transport (Vehicle and Driver Registration and Licensing) Act 1986 have, in relation to any motor vehicle, the meanings so defined.

(1) The National Parks Authority established under section 4 of the National Parks Act 1952 and every National Park Board established under sections 16 to 18 of that Act and existing immediately before the commencement of this Act, shall cease to exist on the commencement of this Act.

(2) The members of the National Parks Authority appointed by or under section 4 of the National Parks Act 1952 and the members of every National Park Board appointed by or under sections 16 to 18A of that Act, holding office immediately before the commencement of this Act, shall go out of office on the commencement of this Act.

(3) Every reference in any enactment passed before the commencement of this Act, other than an enactment specified in Schedule 1 to this Act, to the National Parks Authority or any National Park Board shall be read as a reference to the Minister of Lands.

(1) On the commencement of this Act,—

• (a) All real and personal property belonging to the Authority established under section 4 of the National Parks Act 1952, or any Board established under sections 16 to 18 of that Act (in this section referred to as the former Authority and any former Board) shall vest in the Crown subject to all charges and trusts affecting that property:

• (b) All money payable to the former Authority or any former Board shall become payable to the Crown:

• (c) All contracts, engagements, and liabilities, and all rights and authorities of any nature whatever of the former Authority or any former Board shall become contracts, engagements, liabilities, rights, and authorities of the Crown:

• (d) All proceedings pending by or against the former Authority or any former Board may be carried on, completed, and enforced by or against the Crown.

(2) All money vested in the Crown by subsection (1) of this section shall be paid into the Public Account to the credit of the Trust Account and shall be applied in accordance with section 57 of this Act as money received under this Act.

(3) Subject to subsection (5) of this section, the District Land Registrar, on receiving a written request from the Director-General incorporating a reference to this section, shall, without fee, make such entries in his registers and on any outstanding documents of title and generally do all such things as may be necessary to give effect to the provisions of subsection (1) of this section in respect of land and interests in land specified in the request.

(4) All references to the former Authority or any former Board in any security or other document whatever (not being an enactment) that is subsisting immediately before the date of commencement of this Act, or in any notice or other communication served, given, or sent before, on, or after that date in relation to any such security or other document shall, unless the context otherwise requires, be read as references to the Crown.

(5) No Registrar of Deeds or District Land Registrar or any other person charged with the keeping of any books or registers shall be obliged, solely by the provisions of this section, to change any reference to the former Authority or any former Board to a reference to the Crown in his books or registers or in any document in his charge; but the presentation to any such Registrar or other person of any instrument—

• (a) Executed or purporting to be executed on behalf of the Crown; and

• (b) Relating to any property held immediately before the commencement of this section by the former Authority or any former Board; and

• (c) Containing a recital that the property has become vested in the Crown by virtue of the provisions of this section—

shall, in the absence of proof to the contrary, be sufficient evidence that the property is vested in the Crown.

(6) Except as provided in subsections (3) and (5) of this section, nothing in this section shall derogate from the provisions of the Land Transfer Act 1952.

All documents that require to be executed for the purpose of this Act by or on behalf of Her Majesty or by or on behalf of the Minister may, unless otherwise provided by this Act, be executed by the Director-General, and if so executed shall be as valid and effectual as if executed by or on behalf of Her Majesty or by or on behalf of the Minister, as the case may be.

All actions and proceedings by or on behalf of the Crown in connection with any breach of contract or any trespass or any damage accruing by reason of trespass or for the recovery of any rent, purchase money, or other money in respect of any national park or in respect of any damages or wrongs suffered by the Crown in respect of any national park may be commenced, prosecuted, and carried on by the Director-General on behalf of the Crown, and the Director-General may be plaintiff or defendant, as the case may require, in any such action or proceeding.

(1) The District Land Registrar for the Land Registration District in which is situated any land forming part of any national park shall, on completion of such surveys (if any) as may be necessary, and on being requested in writing to do so by the Director-General, issue a certificate or certificates of title under the Land Transfer Act 1952 in the name of Her Majesty in respect of any such land.

(2) Subsection (1) of this section shall not oblige any person to register any lease or licence granted under this Act.

Nothing in any authorisation by the Minister to do any act that would otherwise be unlawful under this Act shall be deemed to authorise any person to do any act in contravention of the Native Plants Protection Act 1934, the Wildlife Act 1953, the Historic Places Act 1980, the Protected Objects Act 1975, the Wild Animal Control Act 1977, or any other Act, or any regulation, proclamation, warrant, bylaw, or notification made or issued under any Act.

Nothing in this Act shall affect the Manapouri-Te Anau Development Act 1963 or the Mount Egmont Vesting Act 1978.

(1) The enactments specified in Schedule 1 to this Act are hereby amended in the manner indicated in that Schedule.

(2) The enactments specified in Schedule 2 to this Act are hereby repealed.

(3) All bylaws made under section 38 of the National Parks Act 1952, including those specified in Schedule 3 to this Act, are hereby revoked.