New Zealand Legislation: Acts
Acts are laws made by Parliament
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as at 1 October 2008
| Public Act | 1987 No 65 |
| Date of assent | 31 March 1987 |
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.
A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.
This Act is administered in the Department of Conservation
New Zealand Conservation Authority
9 Policy statements for conservation areas [Repealed]
10 Management plans [Repealed]
12 Effect of management plans [Repealed]
15 Creation of easements [Repealed]
17K Procedure for preparation, approval, review, and amendment of freshwater fisheries management plans
17M Procedure for preparation, approval, review, and amendment of sports fish and game management plans
24K Provisions applying in relation to land vested under New Zealand Railways Corporation Restructuring Act 1990
New Zealand Fish and Game Council
26ZJA Sports fishing guides [Not in force]
26ZJB Use of gaffs prohibited [Not in force]
31 Removal of shingle, etc [Repealed]
An Act to promote the conservation of New Zealand's natural and historic resources, and for that purpose to establish a Department of Conservation
BE IT ENACTED by the Parliament of New Zealand as follows:
(1) This Act may be cited as the Conservation Act 1987.
(2) This Act shall come into force on the 1st day of April 1987.
(1) In this Act, unless the context otherwise requires,—
Activity includes a trade, business, or occupation
Activity: this definition was inserted, as from 13 March 1996, by section 2(4) Conservation Amendment Act 1996 (1996 No 1).
Aircraft has the same meaning as in the Civil Aviation Act 1990
Aircraft: The “Civil Aviation Act 1990”
was substituted, as from 1 September 1990, for the repealed “Civil Aviation Act 1964”
pursuant to section 101(1) Civil Aviation Act 1990 (1990 No 98). See also section 103(2) of that Act as to the effect on the Civil Aviation Regulations.
Amend, in relation to any conservation management strategy, conservation management plan, freshwater fisheries management plan, or sports fish and game management plan, means any change that does not affect the objectives of the strategy or plan
Amend: this definition was inserted, as from 10 April 1990, by section 3(1) Conservation Law Reform Act 1990 (1990 No 31).
Anglers Notice means a notice published in the Gazette by a Fish and Game Council under section 26R of this Act
Anglers Notice: this definition was inserted, as from 13 March 1996, by section 2(3) Conservation Amendment Act 1996 (1996 No 1).
Animal means any member of the animal kingdom other than a human being
Animal product means any part of any animal, or any dead animal or part of any dead animal; and includes the nest, excrement, secretion, semen, egg, or foetus, of any animal or dead animal
Aquatic life means any species of plant or animal life (except birds) that must, at any time of the life history of the species, inhabit freshwater; and includes any part of any such plant or animal
Aquatic, Life: this definition was inserted, as from 10 April 1990, by section 3(1) Conservation Law Reform Act 1990 (1990 No 31).
Bed means—
(a) In relation to any river, the space of land which the waters of the river cover at its fullest flow without overtopping the banks; and
(b) In relation to a lake, the space of land which the waters of the lake cover at its highest level without exceeding its physical margin:
Bed: this definition was inserted, as from 10 April 1990, by section 3(1) Conservation Law Reform Act 1990 (1990 No 31).
Certified aerodrome means an aerodrome licensed under the Civil Aviation Regulations 1953 or certificated under rules made under the Civil Aviation Act 1990
Certified aerodrome: this definition was inserted, as from 13 March 1996, by section 2(4) Conservation Amendment Act 1996 (1996 No 1).
Companion dog means a dog certified by the Top Dog Companion Trust as being a companion dog or a dog under training as a companion dog
Companion dog: this definition was inserted, as from 2 May 1996, by section 2(1) Conservation Amendment Act (No 2) 1996 (1996 No 14).
Concession or concession document—
(a) Means—
(i) A lease; or
(ii) A licence; or
(iii) A permit; or
(iv) An easement—
granted under Part 3B of this Act; and
(b) Includes any activity authorised by the concession document:
Concession: this definition was inserted, as from 13 March 1996, by section 2(4) Conservation Amendment Act 1996 (1996 No 1).
Concessionaire means a person who is—
(a) A lessee; or
(b) A licensee; or
(c) A permit holder; or
(d) The grantee of an easement—
under Part 3B of this Act
Concessionaire: this definition was inserted, as from 13 March 1996, by section 2(4) Conservation Amendment Act 1996 (1996 No 1).
Conservation means the preservation and protection of natural and historic resources for the purpose of maintaining their intrinsic values, providing for their appreciation and recreational enjoyment by the public, and safeguarding the options of future generations
Conservation area means any land or foreshore that is—
(a) Land or foreshore for the time being held under this Act for conservation purposes; or
(b) Land in respect of which an interest is held under this Act for conservation purposes:
Conservation Board or Board means a Conservation Board established under section 6L of this Act
Conservation Board or Board: this definition was inserted, as from 10 April 1990, by section 3(1) Conservation Law Reform Act 1990 (1990 No 31).
Conservation management plan means a conservation management plan approved under section 14E of the Wildlife Act 1953, section 8 of the Marine Reserves Act 1971, section 40B of the Reserves Act 1977, section 3D of the Marine Mammals Protection Act 1978, or section 17G of this Act
Conservation management plan: this definition was inserted, as from 10 April 1990, by section 3(1) Conservation Law Reform Act 1990 (1990 No 31).
Conservation management plan: this definition was amended, as from 27 September 2001, by section 3(a) Conservation Amendment Act 2001 (2001 No 59) by omitting the words “section 48 of the National Parks Act 1980,”
.
Conservation management strategy means a conservation management strategy approved under section 17F of this Act
Conservation management strategy: this definition was inserted, as from 10 April 1990, by section 3(1) Conservation Law Reform Act 1990 (1990 No 31).
Contaminant has the same meaning as it has in the Resource Management Act 1991
Contaminant: this definition was inserted, as from 13 March 1996, by section 2(3) Conservation Amendment Act 1996 (1996 No 1).
Controlled dog area means any area declared, by notice published in the Gazette under section 26ZS of this Act, to be a controlled dog area
Controlled dog area: this definition was inserted, as from 2 May 1996, by section 2(1) Conservation Amendment Act (No 2) 1996 (1996 No 14).
Crown land has the same meaning as in the Land Act 1948
Day means a period of 24 hours beginning at midnight and ending with the following midnight
Day: this definition was inserted, as from 2 May 1996, by section 2(1) Conservation Amendment Act (No 2) 1996 (1996 No 14).
Department means the Department of Conservation
Deputy Director-General means a Deputy Director-General of Conservation
Director means the manager of the New Zealand Fish and Game Council
Director: this definition was inserted, as from 25 November 1994, by section 2(1) Conservation Amendment Act 1994 (1994 No 108).
Director-General means the Director-General of Conservation
District Anglers Notice
[Repealed]
District Anglers Notice: this definition was inserted, as from 10 April 1990, by section 3(1) Conservation Law Reform Act 1990 (1990 No 31).
District Anglers Notice: this definition was omitted, as from 13 March 1996, by section 2(1) Conservation Amendment Act 1996 (1996 No 1).
Effect has the same meaning as it has in the Resource Management Act 1991
Effect: this definition was inserted, as from 13 March 1996, by section 2(4) Conservation Amendment Act 1996 (1996 No 1).
Fish and Game Council means a Fish and Game Council established under section 26P of this Act
Fish and Game Council: this definition was inserted, as from 10 April 1990, by section 3(1) Conservation Law Reform Act 1990 (1990 No 31).
Fish and game ranger means a fish and game ranger appointed pursuant to section 26FA of this Act or deemed to be appointed under that section
Fish and game ranger: this definition was inserted, as from 25 November 1994, by section 2(2) Conservation Amendment Act 1994 (1994 No 108).
Fishery means one or more stocks or parts of stocks or one or more species of freshwater fish or aquatic life that can be treated as a unit for the purposes of conservation or management
Fishery: this definition was inserted, as from 10 April 1990, by section 3(1) Conservation Law Reform Act 1990 (1990 No 31).
Fishery Officer means any officer specified as such in section 76 of the Fisheries Act 1983
Fishery Officer: this definition was inserted, as from 10 April 1990, by section 3(1) Conservation Law Reform Act 1990 (1990 No 31).
Fishing—
(a) Means the catching, taking, or harvesting of freshwater fish; and
(b) Includes—
(i) Any other activity that may reasonably be expected to result in the catching, taking, or harvesting of freshwater fish:
(ii) Any attempt to catch, take, or harvest freshwater fish:
(iii) Any operation in support of, or in preparation for, any activity described in this definition:
Fishing: this definition was inserted, as from 10 April 1990, by section 3(1) Conservation Law Reform Act 1990 (1990 No 31).
Foreshore means such parts of the bed, shore, or banks of a tidal water as are covered and uncovered by the flow and ebb of the tide at mean spring tides
Foreshore: this definition was substituted, as from 10 April 1990, by section 3(1) Conservation Law Reform Act 1990 (1990 No 31).
Former Act means the Land Act 1948 or the Forests Act 1949; and includes any enactment repealed by a former Act
Freshwater means—
(a) All waters of rivers, streams, lakes, ponds, lagoons, wetlands, impoundments, canals, channels, watercourses, or other bodies of water whether naturally occurring or artificially made:
(b) All waters of estuaries or coastal lagoons:
(c) All other fresh or estuarine waters where freshwater fish indigenous to or introduced into New Zealand are found:
(d) All waters in the mouth of every river or stream, and the mouth of every river and stream shall be deemed to include every outlet thereof and the seashore between those outlets and the waters of the sea or lying within a distance of 500 metres from any place where at low tide the waters of a river or stream meet the waters of the sea:
Freshwater: this definition was inserted, as from 10 April 1990, by section 3(1) Conservation Law Reform Act 1990 (1990 No 31).
Freshwater fish includes all species of finfish of the Classes Agnatha and Osteichthyes, and all shellfish of the Classes Mollusca and Crustacea, that must, at any time in the life history of the species, inhabit fresh water; and includes any part thereof and such finfish and shellfish that seasonally migrate into or out of freshwater
Freshwater fish: this definition was inserted, as from 10 April 1990, by section 3(1) Conservation Law Reform Act 1990 (1990 No 31).
Freshwater fisheries management plan means a freshwater fisheries management plan approved under section 17K of this Act
Freshwater fisheries management plan: this definition was inserted, as from 10 April 1990, by section 3(1) Conservation Law Reform Act 1990 (1990 No 31).
Game has the same meaning as in the Wildlife Act 1953
Game: this definition was inserted, as from 10 April 1990, by section 3(1) Conservation Law Reform Act 1990 (1990 No 31).
Game bird habitat stamp means a stamp in a form approved under section 19A of the Wildlife Act 1953
Game bird habitat stamp: this definition was inserted, as from 17 May 1993, by section 6 Wildlife Amendment Act 1993 (1993 No 39).
Game hunting guide has the same meaning as in the Wildlife Act 1953
Game hunting guide: this definition was inserted, as from 13 March 1996, by section 2(3) Conservation Amendment Act 1996 (1996 No 1).
Guide dog means a dog certified by the Royal New Zealand Foundation of the Blind as being a guide dog or a dog under training as a guide dog
Guide dog: this definition was inserted, as from 2 May 1996, by section 2(1) Conservation Amendment Act (No 2) 1996 (1996 No 14).
Guide dog: this definition was amended, as from 30 April 2003, by section 28(1) Royal New Zealand Foundation of the Blind Act (2002 No 3(P)) by substituting the words “Royal New Zealand Foundation of the Blind”
for the words “Royal New Zealand Foundation for the Blind”
. See clause 2 Royal New Zealand Foundation of the Blind Act Commencement Order 2003 (SR 2003/56).
Historic resource means a historic place within the meaning of the Historic Places Act 1993; and includes any interest in a historic resource
Historic resource: the Historic Places Act 1993 has been substituted, as from 1 July 1993, for the repealed Historic Places Act 1980 by section 118(1) Historic Places Act 1993 (1993 No 38).
Hunting weapon means a weapon within the meaning of the Trespass Act 1980
Indigenous fish means any freshwater fish that is indigenous to New Zealand
Indigenous fish: this definition was inserted, as from 10 April 1990, by section 3(1) Conservation Law Reform Act 1990 (1990 No 31).
Interest, in relation to any land, includes an estate in, and a right over or in respect of, the land; but does not include any right under or in respect of any covenant registered against land
Lake means a body of fresh water whose bed has an area of 8 hectares or more and which is entirely or nearly surrounded by land
Lake: this definition was inserted, as from 10 April 1990, by section 3(1) Conservation Law Reform Act 1990 (1990 No 31).
Lease—
(a) Means—
(i) A grant of an interest in land that—
(A) Gives exclusive possession of the land; and
(B) Makes provision for any activity on the land that the lessee is permitted to carry out:
(ii) Any document purporting to be a lease (whether or not the document gives the lessee exclusive possession of the land concerned) and issued under any former Act:
(iii) Any document purporting to be a lease (whether or not the document gives the lessee exclusive possession of the land concerned) and purporting to be issued under this Act before the commencement of section 2(2) of the Conservation Amendment Act 1996; but
(b) Does not include a licence referred to in paragraph (b)(ii) of the definition of the term licence;—
and lessee has a corresponding meaning
Lease: this definition was substituted, as from 1 July 1996, by section 2(2) Conservation Amendment Act 1996 (1996 No 1).
Licence—
(a) Means—
(i) A profit a prendre or any other grant that gives a non-exclusive interest in land; or
(ii) A grant that makes provision for any activity on the land that the licensee is permitted to carry out; and
(b) Includes—
(i) Any document purporting to be a licence (whether or not the licence gives an interest, or makes any provision, referred to in paragraph (a) of this definition) and issued under any former Act; and
(ii) Any document purporting to be a licence and purporting to grant an exclusive interest in land, and issued under any former Act or issued under this Act before the commencement of section 2(2) of the Conservation Amendment Act 1996; and
(iii) Any document purporting to be a licence (whether or not the licence gives an interest, or makes any provision, referred to in paragraph (a) of this definition) and issued under this Act before the commencement of the said section 2(2);—
and licensee has a corresponding meaning:
Licence: this definition was substituted, as from 1 July 1996, by section 2(2) Conservation Amendment Act 1996 (1996 No 1).
Livestock means any ass, cattle, or other browsing animal (not being a deer or goat or a marine mammal, fish, or shellfish), horse, mule, sheep, or swine, of whatever age or sex and whether or not neutered; and includes any animal, of whatever age or sex and whether or not neutered, of a class declared to be livestock for the purposes of this Act by the Governor-General by Order in Council
Livestock: this definition was amended, as from 25 November 1994, by section 2(3) Conservation Amendment Act 1994 (1994 No 108) by omitting the words “deer”
and “goat,”
and inserting the words “a deer or goat or”
.
Management plan
[Repealed]
Management plan: this definition was repealed, as from 27 September 2001, by section 3(b) Conservation Amendment Act 2001 (2001 No 59).
Manawhenua means customary authority exercised by an iwi or hapu or individual in an identified area
Manawhenua: this definition was inserted, as from 24 March 1993, by section 2 Conservation Amendment Act 1993 (1993 No 9).
Maori has the same meaning as in Te Ture Whenua Maori Act 1993
Maori: “Te Ture Whenua Maori Act 1993”
has been substituted, as from 1 July 1993, for the repealed “Maori Affairs Act 1993”
.
Maori land has the same meaning as in Te Ture Whenua Maori Act 1993
Maori Land: this definition was inserted, as from 24 March 1993, by section 2 Conservation Amendment Act 1993 (1993 No 9).
Marginal strip means any strip of land reserved or deemed to be reserved by section 24 or section 24E(3) or section 24G of this Act for the purposes specified in section 24C of this Act; and includes any part of any such strip
Marginal strip: this definition was substituted, as from 10 April 1990, by section 3(1) Conservation Law Reform Act 1990 (1990 No 31).
Minister means the Minister of Conservation
Natural resources means—
(a) Plants and animals of all kinds; and
(b) The air, water, and soil in or on which any plant or animal lives or may live; and
(c) Landscape and landform; and
(d) Geological features; and
(e) Systems of interacting living organisms, and their environment;—
and includes any interest in a natural resource
Nature conservation means the preservation and protection of the natural resources of New Zealand, having regard to their intrinsic values and having special regard to indigenous flora and fauna, natural eco-systems and landscape
Nature conservation: this definition was inserted, as from 10 April 1990, by section 3(1) Conservation Law Reform Act 1990 (1990 No 31).
New Zealand Conservation Authority or Conservation Authority or Authority means the New Zealand Conservation Authority established under section 6A of this Act
New Zealand Conservation Authority, or Conservation Authority or Authority: this definition was inserted, as from 10 April 1990, by section 3(1) Conservation Law Reform Act 1990 (1990 No 31).
New Zealand Fish and Game Council means the New Zealand Fish and Game Council established under section 26B of this Act
New Zealand Fish and Game Council: this definition was inserted, as from 10 April 1990, by section 3(1) Conservation Law Reform Act 1990 (1990 No 31).
Nga Whenua Rahui kawenata means an agreement entered into under section 27A of this Act
Nga Whenua Rahui kawenata: this definition was inserted, as from 24 March 1993, by section 2 Conservation Amendment Act 1993 (1993 No 9).
Open dog area means any area declared, by notice published in the Gazette under section 26ZS of this Act, to be an open dog area
Open dog area: this definition was inserted, as from 2 May 1996, by section 2(1) Conservation Amendment Act (No 2) 1996 (1996 No 14).
Operational work plan means an annual operational work plan having effect under section 26Q(3) of this Act
Operational work plan: this definition was inserted, as from 10 April 1990, by section 3(1) Conservation Law Reform Act 1990 (1990 No 31).
Owner, in relation to any dog, means every person who—
(a) Owns the dog; or
(b) Has the dog in his or her possession, whether the dog is at large or in confinement, otherwise than for a period not exceeding 72 hours for the purpose of preventing the dog causing injury, damage, or distress, or for the sole purpose of restoring a lost dog to its owner; or
(c) The parent or guardian of a person under the age of 16 years who—
(ii) Is a member of the parent's or guardian's household living with and dependent on the parent or guardian;—
but does not include any person who has seized or taken custody of the dog under this Act or the Animal Welfare Act 1999 or the National Parks Act 1980 or the Dog Control Act 1996 or any order made under the Dog Control Act 1996 or the Animal Welfare Act 1999
Owner: this definition was inserted, as from 2 May 1996, by section 2(1) Conservation Amendment Act (No 2) 1996 (1996 No 14).
Owner: this definition was amended, as from 1 January 2000, by section 194 Animal Welfare Act 1999 (1999 No 142) by substituting the words “Animal Welfare Act 1999”
for the words “Animals Protection Act 1960”
.
Permit in relation to Part 3B of this Act,—
(a) Means a grant of rights to undertake an activity that does not require an interest in land; and
(b) Includes any authorisation or licence granted before the date of commencement of this definition that granted similar rights; and—
permit holder has a corresponding meaning
Permit: this definition was inserted, as from 13 March 1996, by section 2(4) Conservation Amendment Act 1996 (1996 No 1).
Plant means any member of the plant kingdom; and includes any alga, bacterium, or fungus, and any part of or seed or spore from any plant
Preservation, in relation to a resource, means the maintenance, so far as is practicable, of its intrinsic values
Private land means any land that—
(a) Is Maori land within the meaning of Te Ture Whenua Maori Act 1993; or
(b) Has been alienated from the Crown:
Private land: “Te Ture Whenua Maori Act 1993”
has been substituted, as from 1 July 1993, for the repealed “Maori Affairs Act 1993”
.
Protected wildlife means—
(a) Any animal for the time being absolutely protected pursuant to section 3 of the Wildlife Act 1953:
(b) Any animal for the time being partially protected pursuant to section 5 of the Wildlife Act 1953, other than such an animal in circumstances in which that animal may be hunted or killed under the authority of subsection (2) of that section:
(c) Any animal that is a marine mammal within the meaning of the Marine Mammals Protection Act 1978:
Protected wildlife: this definition was inserted, as from 2 May 1996, by section 2(1) Conservation Amendment Act (No 2) 1996 (1996 No 14).
Protected wildlife vulnerable to dogs means—
(a) Any flightless protected wildlife:
(b) Any limited-flight protected wildlife:
(c) Any protected wildlife that nests (including moulting or breeding), or roosts, upon or in close proximity to the ground:
(d) Any protected wildlife that feeds upon or in close proximity to the ground:
(e) Any animal that is a marine mammal within the meaning of the Marine Mammals Protection Act 1978:
Protected wildlife vulnerable to dogs: this definition was inserted, as from 2 May 1996, by section 2(1) Conservation Amendment Act (No 2) 1996 (1996 No 14).
Protection, in relation to a resource, means its maintenance, so far as is practicable, in its current state; but includes—
(a) Its restoration to some former state; and
(b) Its augmentation, enhancement, or expansion:
Review, in relation to any conservation management strategy or management plan, means to consider all objectives and policies of those provisions under review and to approve a new strategy or plan, having regard to increased knowledge or changed circumstances; and, for the purposes of this definition, an “objective”
is a statement of intent from which a policy is derived
Review: this definition was inserted, as from 10 April 1990, by section 3(1) Conservation Law Reform Act 1990 (1990 No 31).
Sale includes every method of disposition for valuable consideration, including barter; and includes the disposition to an agent for sale on consignment; and also includes offering or attempting to sell, or receiving or having in possession for sale, or exposing for sale, or sending or delivering for sale, or causing or permitting to be sold, offered, or exposed for sale; and also includes disposal by way of gambling; and “sell”
and “sold”
have corresponding meanings
Sale: this definition was inserted, as from 10 April 1990, by section 3(1) Conservation Law Reform Act 1990 (1990 No 31).
Sale: this definition was amended, as from 1 July 2004, by section 374 Gambling Act 2003 (2003 No 51) by substituting the word “gambling”
for the words “raffle, lottery, or other game of chance”
. See sections 376 and 377 of that Act for the savings and transitional provisions. See clause 2(3) Gambling Act Commencement Order 2003 (SR 2003/384).
Ship means a ship, boat, hovercraft, raft, or vessel of any other description used, or designed to be used, in navigation
Ship: this definition was substituted, as from 1 April 1987, by section 11(1) State-Owned Enterprises Amendment Act 1987 (1987 No 117).
Sports fish means every species of freshwater fish that the Governor-General may declare, by Order in Council, to be sports fish for the purposes of this Act; and any such Order in Council may be expressed to apply to freshwater fish in any specified freshwater or other waters
Sports fish: this definition was inserted, as from 10 April 1990, by section 3(1) Conservation Law Reform Act 1990 (1990 No 31).
Sports fish and game management plan means a sports fish and game management plan approved under section 17M of this Act
Sports fish and game management plan: this definition was inserted, as from 10 April 1990, by section 3(1) Conservation Law Reform Act 1990 (1990 No 31).
Sports fishing guide means a person whose services are actively promoted or advertised for hire or reward with the express purpose of organising and assisting persons to fish for sports fish
Sports fishing guide: this definition was inserted, as from 13 March 1996, by section 2(3) Conservation Amendment Act 1996 (1996 No 1).
State forest land means land that—
(a) Was, immediately before the commencement of this Act, State forest land within the meaning of the Forests Act 1949; and
(b) Has not been vested in a State enterprise under the State-Owned Enterprises Act 1986; and
(c) Is not a conservation area:
Stewardship area means a conservation area that is not—
(a) A marginal strip; or
(b) A watercourse area; or
(c) Land held under this Act for one or more of the purposes described in section 18(1) of this Act; or
(d) Land in respect of which an interest is held under this Act for one or more of the purposes described in section 18(1) of this Act:
Taking—
(a) In relation to any plant, includes the breaking, cutting, destroying, digging up, gathering, plucking, pulling up, and removing, of the plant; and to take has a corresponding meaning:
(b) In relation to any fish, means fishing; and takes and to take have a corresponding meaning:
Taking: this definition was substituted, as from 10 April 1990, by section 3(1) Conservation Law Reform Act 1990 (1990 No 31).
Taupo Fishery means the fishery to which section 14 of the Maori Land Amendment and Maori Land Claims Adjustment Act 1926 relates
Taupo Fishing: this definition was inserted, as from 10 April 1990, by section 3(1) Conservation Law Reform Act 1990 (1990 No 31).
Vehicle has the same meaning as in the Land Transport Act 1998; but includes any vehicle from which any wheels have been removed
Vehicle: this definition was amended, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110) by substituting the words “Land Transport Act 1998”
for the words “Transport Act 1962”
.
Warranted officer means a person—
(a) Who—
(i) Is a warranted officer appointed under section 59 of this Act; or
(b) Is acting on or in respect of any matter or thing arising, situated, or formerly situated in the district, area, or areas for which the person is appointed or is deemed to be a warranted officer:
Warranted officer: this definition was substituted, as from 2 May 1996, by section 2(2) Conservation Amendment Act (No 2) 1996 (1996 No 14).
Watercourse area means land for the time being declared to be such an area under section 23 of this Act
Wild animal has the same meaning as in section 2 of the Wild Animal Control Act 1977; but does not include any animal product derived from a wild animal
Wildlife has the same meaning as it has in the Wildlife Act 1953
Wildlife: this definition was inserted, as from 13 March 1996, by section 2(3) Conservation Amendment Act 1996 (1996 No 1).
Working day means a day that is not a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign's birthday, Labour Day, or a day during a period commencing on any Christmas Day and ending with the 15th day of the following January.
(2) In this Act, unless the context otherwise requires, conservation park, ecological area, sanctuary area, or wilderness area, mean an area held for ecological, park, sanctuary, or wilderness purposes under section 18(1) of this Act.
(3) For the purposes of this Act, the Governor-General may from time to time, by Order in Council, declare any species to be included in or excluded from the definitions of the terms aquatic life, freshwater fish, or sports fish in subsection (1) of this section; and any such declaration may be expressed to apply to any species in any specified areas or waters, or generally throughout New Zealand.
Section 2(1) walkway: repealed, on 30 September 2008, by section 82 of the Walking Access Act 2008 (2008 No 101).
Subsection (3) was inserted, as from 10 April 1990, by section 3(2) Conservation Law Reform Act 1990 (1990 No 31).
This Act binds the Crown.
This Act shall so be interpreted and administered as to give effect to the principles of the Treaty of Waitangi.
There is hereby established a department of State to be known as the Department of Conservation, which shall be under the control of the Minister.
The functions of the Department are to administer this Act and the enactments specified in Schedule 1 to this Act, and, subject to this Act and those enactments and to the directions (if any) of the Minister,—
(a) To manage for conservation purposes, all land, and all other natural and historic resources, for the time being held under this Act, and all other land and natural and historic resources whose owner agrees with the Minister that they should be managed by the Department:
(ab) To preserve so far as is practicable all indigenous freshwater fisheries, and protect recreational freshwater fisheries and freshwater fish habitats:
(b) To advocate the conservation of natural and historic resources generally:
(c) To promote the benefits to present and future generations of—
(i) The conservation of natural and historic resources generally and the natural and historic resources of New Zealand in particular; and
(ii) The conservation of the natural and historic resources of New Zealand's sub-antarctic islands and, consistently with all relevant international agreements, of the Ross Dependency and Antarctica generally; and
(iii) International co-operation on matters relating to conservation:
(d) To prepare, provide, disseminate, promote, and publicise educational and promotional material relating to conservation:
(e) To the extent that the use of any natural or historic resource for recreation or tourism is not inconsistent with its conservation, to foster the use of natural and historic resources for recreation, and to allow their use for tourism:
(f) To advise the Minister on matters relating to any of those functions or to conservation generally:
(g) Every other function conferred on it by any other enactment.
Section 6(ab) was inserted, as from 10 April 1990, by section 4 Conservation Law Reform Act 1990 (1990 No 31).
Part 2A, except sections 6A and 6L, was inserted, as from 10 April 1990, by section 5 Conservation Law Reform Act 1990 (1990 No 31).
(1) The functions of the Authority shall be—
(a) To advise the Minister on statements of general policy prepared under the Wildlife Act 1953, the Marine Reserves Act 1971, the Reserves Act 1977, the Wild Animal Control Act 1977, the Marine Mammals Protection Act 1978, and this Act:
(b) To approve conservation management strategies and conservation management plans, and review and amend such strategies and plans, as required under the Wildlife Act 1953, the Marine Reserves Act 1971, the Reserves Act 1977, the Wild Animal Control Act 1977, the Marine Mammals Protection Act 1978, the National Parks Act 1980, and this Act:
(c) To review and report to the Minister or the Director-General on the effectiveness of the Department's administration of general policies prepared under the Wildlife Act 1953, the Marine Reserves Act 1971, the Reserves Act 1977, the Wild Animal Control Act 1977, the Marine Mammals Protection Act 1978, and this Act:
(d) To investigate any nature conservation or other conservation matters the Authority considers are of national importance, and to advise the Minister or the Director-General, as appropriate on such matters:
(e) To consider and make proposals for the change of status or classification of areas of national and international importance:
(f) [Repealed]
(g) To encourage and participate in educational and publicity activities for the purposes of bringing about a better understanding of nature conservation in New Zealand:
(h) To advise the Minister and the Director-General annually on priorities for the expenditure of money:
(i) To liaise with the New Zealand Fish and Game Council:
(j) To exercise such powers and functions as may be delegated to it by the Minister under this Act or any other Act.
(2) The Authority shall have such other functions as are conferred on it by or under this Act or any other Act.
This Part, except sections 6A and 6L, was inserted, as from 10 April 1990, by section 5 Conservation Law Reform Act 1990 (1990 No 31).
Section 6B(1)(a): amended, on 30 September 2008, by section 82 of the Walking Access Act 2008 (2008 No 101).
Section 6B(1)(b): amended, on 30 September 2008, by section 82 of the Walking Access Act 2008 (2008 No 101).
Section 6B(1)(c): amended, on 30 September 2008, by section 82 of the Walking Access Act 2008 (2008 No 101).
Section 6B(1)(f): repealed, on 30 September 2008, by section 82 of the Walking Access Act 2008 (2008 No 101).
(1) The Authority shall have all such powers as are reasonably necessary or expedient to enable it to carry out its functions.
(2) Without limiting the generality of subsection (1) of this section, the Authority may—
(a) Establish committees of members and other suitable persons, and delegate to them any of its powers and functions:
(b) Release for public information, in such form as it thinks fit, any recommendation, report, or advice made or given by the Authority to the Minister or the Director-General:
(c) Advocate the interests of the Authority at any public forum or in any statutory planning process.
(3) In exercising powers other than advocacy or investigative powers, the Authority shall have regard to any views expressed in writing by the Minister and addressed to the Authority.
(4) Notwithstanding subsection (2)(b) of this section, the Authority shall not release its annual report for public information until it has been laid before the House of Representatives.
(5) The power conferred by subsection (2)(c) of this section shall include the right to appear before courts and tribunals in New Zealand and be heard on matters affecting or relating to the Authority's functions.
This Part, except sections 6A and 6L, was inserted, as from 10 April 1990, by section 5 Conservation Law Reform Act 1990 (1990 No 31).
(1) The members of the Authority shall be appointed by the Minister having regard to the interests of conservation, natural earth and marine sciences, and recreation, and the Authority shall consist of—
(a) Two persons appointed after consultation with the Minister of Maori Affairs:
(b) Two persons appointed after consultation with the Minister of Tourism:
(c) One person appointed after consultation with the Minister of Local Government:
(ca) One person nominated by Te Runanga o Ngai Tahu (as established by section 6 of Te Runanga o Ngai Tahu Act 1996):
(d) One person appointed on the recommendation of the Royal Society of New Zealand:
(e) One person appointed on the recommendation of the Royal Forest and Bird Protection Society of New Zealand Incorporated:
(f) One person appointed on the recommendation of the Federated Mountain Clubs of New Zealand Incorporated:
(g) Four persons appointed following public notice given in accordance with subsection (2) of this section.
(2) Every notice required by subsection (1)(g) of this section shall—
(a) State the number of appointments intended to be made to the Authority:
(b) Call for nominations for membership of the Authority to be sent to the Minister:
(c) State a date, being not less than 28 days after the date of the first publication of the notice, after which the Minister may decline to accept such nominations:
(d) Be published—
(i) At least twice in a daily newspaper circulating in each of the cities of Auckland, Hamilton, Wellington, Christchurch, and Dunedin; and
(ii) In such other communications media and on such occasions as the Minister may direct.
(3) Every appointment of a member of the Authority shall be made by notice published in the Gazette, and shall take effect from the date of such notice or such later date as may be specified in the notice.
(4) No person employed by the Department shall be eligible for appointment as a member of the Authority.
This Part, except sections 6A and 6L, was inserted, as from 10 April 1990, by section 5 Conservation Law Reform Act 1990 (1990 No 31).
Subsection (1)(ca) was inserted, as from 1 October 1998, by section 272(1) Ngai Tahu Claims Settlement Act 1998 (1998 No 97). See section 272(2) of that Act as to the person to be appointed pursuant to subsection (1)(c) having to be appointed within 6 months after the settlement date. See clause 2 Ngai Tahu Claims Settlement Act Commencement Order 1998 (SR 1998/295).
Subsection (2)(d) was substituted, as from 7 May 1999, by section 2 Conservation Amendment Act 1999 (1999 No 30).
(1) The Authority shall in each year make a report to the Minister on the exercise of its powers and functions.
(2) A copy of the annual report shall be laid by the Minister before the House of Representatives as soon as practicable after it has been received by that Minister.
This Part, except sections 6A and 6L, was inserted, as from 10 April 1990, by section 5 Conservation Law Reform Act 1990 (1990 No 31).
(1) Subject to subsection (2) to (5) of this section, every member of the Authority shall hold office for such term, not exceeding 3 years, as the Minister shall specify in the notice of appointment, and may from time to time be reappointed.
(2) Any member of the Authority may at any time be removed from office by the Minister for bankruptcy, inability to perform the functions of the office, neglect of duty, or misconduct.
(3) Any member of the Authority may at any time resign his or her office by writing addressed to the Minister.
(4) If any member of the Authority appointed under any of paragraphs (a) to (f) of section 6D(1) dies, resigns, or is removed from office, the Minister must fill the vacancy so created in the manner in which the appointment to the vacant office was originally made.
(4A) If any member of the Authority appointed under paragraph (g) of section 6D(1) dies, resigns, or is removed from office, the Minister must fill the vacancy so created either—
(a) In the manner in which the appointment to the vacant office was originally made; or
(4B) A person appointed to be a member of the Authority under subsection (4) or subsection (4A) holds office for the residue of the term for which the vacating member was appointed.
(5) Unless a member sooner dies, resigns, or is removed from office, every member of the Authority shall continue in office until that member's successor comes into office, notwithstanding that the term for which that member was appointed may have expired.
This Part, except sections 6A and 6L, was inserted, as from 10 April 1990, by section 5 Conservation Law Reform Act 1990 (1990 No 31).
Subsection (2) was amended, as from 1 January 2002, by section 70(1) Human Rights Amendment Act 2001 (2001 No 96), by substituting the words “inability to perform the functions of the office”
for the word “disability”
.
Subsection (4) was substituted, and subsections (4A) and (4B) were inserted, as from 7 May 1999, by section 3 Conservation Amendment Act 1999 (1999 No 30).
(1) The Minister shall, by the notice appointing the members of the Authority or by a subsequent notice published in the Gazette, appoint one of the members to be Chairperson of the Authority for the term of that member's appointment or for such lesser period as the Minister thinks fit.
(2) The Chairperson shall preside at all meetings of the Authority at which he or she is present.
(3) If the Chairperson is absent from any meeting of the Authority, the members present shall appoint one of their number to be the Chairperson of that meeting.
This Part, except sections 6A and 6L, was inserted, as from 10 April 1990, by section 5 Conservation Law Reform Act 1990 (1990 No 31).
(1) Meetings of the Authority shall be held at such times and places as the Authority or the Chairperson from time to time appoints.
(2) A special meeting shall be called by the Chairperson whenever 3 or more members so request in writing.
(3) At any meeting of the Authority, a majority of the members in office shall form a quorum, and no business shall be transacted at any meeting unless such a quorum is present.
(4) Every question before any meeting of the Authority shall be determined by a majority of the members present and voting on the question, and proper minutes shall be kept of proceedings.
(5) At any meeting of the Authority, the Chairperson of that meeting shall have a deliberative vote and, in the case of an equality of votes, shall also have a casting vote.
(6) The powers of the Authority shall not be affected by any vacancy in its membership, nor shall the proceedings of the Authority be invalidated merely because of the subsequent discovery that some defect existed in the appointment of any member.
(7) Subject to the provisions of this Act, the Authority may regulate its procedure in such manner as it thinks fit.
This Part, except sections 6A and 6L, was inserted, as from 10 April 1990, by section 5 Conservation Law Reform Act 1990 (1990 No 31).
Notice in writing of every meeting of the Authority and of the business proposed to be transacted at that meeting shall be given to the Director-General, and the Director-General or the Director-General's nominee shall be entitled to attend and speak at any such meeting, but shall not be entitled to vote on any question.
This Part, except sections 6A and 6L, was inserted, as from 10 April 1990, by section 5 Conservation Law Reform Act 1990 (1990 No 31).
The Authority shall be serviced by the Department in such manner as the Minister may from time to time direct.
This Part, except sections 6A and 6L, was inserted, as from 10 April 1990, by section 5 Conservation Law Reform Act 1990 (1990 No 31). See section 47 of that Act for the transitional provisions.
(1) The Authority is hereby declared to be a statutory Board within the meaning of the Fees and Travelling Allowances Act 1951.
(2) There shall be paid to members of the Authority, out of money appropriated by Parliament for the purpose, remuneration by way of fees, 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.
This Part, except sections 6A and 6L, was inserted, as from 10 April 1990, by section 5 Conservation Law Reform Act 1990 (1990 No 31).
(1) The Minister shall, by notice in the Gazette, establish not more than 19 Conservation Boards.
(2) The Minister shall give each Conservation Board a distinctive name corresponding to the general area in respect of which it is to have jurisdiction.
(3) The area under the jurisdiction of each Conservation Board shall be as determined from time to time by the Minister.
This Part, except sections 6A and 6L, was inserted, as from 10 April 1990, by section 5 Conservation Law Reform Act 1990 (1990 No 31). See section 47 of that Act for the transitional provisions.
(1) The functions of each Board shall be—
(a) To recommend the approval by the Conservation Authority of conservation management strategies, and the review and amendment of such strategies, under the relevant enactments:
(b) To approve conservation management plans, and the review and amendment of such plans, under the relevant enactments:
(c) To advise the Conservation Authority and the Director-General on the implementation of conservation management strategies and conservation management plans for areas within the jurisdiction of the Board:
(d) To advise the Conservation Authority or the Director-General—
(i) On any proposed change of status or classification of any area of national or international importance; and
(ii) On any other conservation matter relating to any area within the jurisdiction of the Board:
(e) [Repealed]
(f) To liaise with any Fish and Game Council on matters within the jurisdiction of the Board:
(g) To exercise such powers and functions as may be delegated to it by the Minister under this Act or any other Act.
(2) Every Board shall have such other functions as are conferred on it by or under this Act or any other Act.
This Part, except sections 6A and 6L, was inserted, as from 10 April 1990, by section 5 Conservation Law Reform Act 1990 (1990 No 31).
Section 6M(1)(e): repealed, on 30 September 2008, by section 82 of the Walking Access Act 2008 (2008 No 101).
(1) Every Board shall have all such powers as are reasonably necessary or expedient to enable it to carry out its functions.
(2) Without limiting the generality of subsection (1) of this section, each Board may—
(a) Advocate its interests at any public forum or in any statutory planning process; and
(b) Appoint committees of members and other suitable persons, and delegate to them functions and powers.
(3) The power conferred by subsection (2)(a) of this section shall include the right to appear before courts and tribunals in New Zealand and be heard on matters affecting or relating to the Board's functions.
This Part, except sections 6A and 6L, was inserted, as from 10 April 1990, by section 5 Conservation Law Reform Act 1990 (1990 No 31).
As soon as practicable after the 30th day of June in every year, every Board shall furnish the Conservation Authority with a report of its operations for the period of 12 months that ended on that day.
This Part, except sections 6A and 6L, was inserted, as from 10 April 1990, by section 5 Conservation Law Reform Act 1990 (1990 No 31).
(1) Every Board shall consist of not more than 12 members.
(2) Except as provided in subsections (5), (6), (7), and (7A) of this section, the Minister shall appoint every member of a Board after giving public notice in accordance with subsection (4) of this section, and after consultation with the Conservation Authority, and having regard to—
(a) The particular features of land administered by the Department in the area of the Board's jurisdiction; and
(b) The interests of nature conservation, natural earth and marine sciences, recreation, tourism, and the local community including the tangata whenua of the area.
(3) Before making any appointment representing the interests of the tangata whenua of an area, the Minister shall consult with the Minister of Maori Affairs about those interests.
(4) Every notice required by subsection (2) of this section shall—
(a) State the number of appointments intended to be made to the Board:
(b) Call for nominations for membership of the Board to be sent to the Minister:
(c) State a date, being not less than 28 days after the date of the first publication of the notice, after which the Minister may decline to accept such nominations:
(d) Be published—
(i) At least twice in a daily newspaper circulating in the area in which the Board will have jurisdiction; and
(ii) In such other communications media and on such occasions as the Minister may direct.
(5) The Board whose area of jurisdiction includes the Tongariro National Park shall consist of—
(a) Not more than eleven persons appointed under subsection (2) of this section; and
(b) The paramount chief for the time being of the Ngati Tuwharetoa Tribe of the Maori race, if that chief is a lineal descendant of Te Heuheu Tukino, the donor on behalf of his associated Chiefs of the Tribe of certain Maori land included in the area of the park, or, if the paramount chief for the time being of that tribe is not a lineal descendant of Te Heuheu Tukino, a lineal descendant of Te Heuheu Tukino appointed by the Minister.
(6) The Board whose area of jurisdiction includes the Egmont National Park shall consist of—
(a) Not more than eleven persons appointed under subsection (2) of this section; and
(b) One person to be appointed by the Minister on the recommendation of the Taranaki Maori Trust Board.
(7) The Board whose area of jurisdiction includes the Whanganui National Park shall consist of—
(a) Not more than eleven persons appointed under subsection (2) of this section; and
(b) One person appointed by the Minister on the recommendation of the Whanganui River Maori Trust Board.
(7A) The Board whose area of jurisdiction includes most of the Waikato claim area within the meaning of section 7 of the Waikato Raupatu Claims Settlement Act 1995 shall consist of not more than 12 persons, being—
(a) Not more than 11 persons appointed under subsection (2) of this section; and
(b) The person who for the time being is recognised as the Head of Kahui Ariki, or a person appointed by the Minister on the nomination of the person so recognised.
(7B) A Board whose area of jurisdiction is wholly within the Ngai Tahu claim area, as defined in section 8 of the Ngai Tahu Claims Settlement Act 1998, must consist of not more than 12 persons, being—
(a) At least 2 persons appointed on the nomination of Te Runanga o Ngai Tahu (as established by section 6 of Te Runanga o Ngai Tahu Act 1996); and
(b) The remaining persons appointed under subsection (2).
(7C) A Board whose area of jurisdiction is partly within the Ngai Tahu claim area, as defined in section 8 of the Ngai Tahu Claims Settlement Act 1998, must consist of not more than 12 persons, being—
(a) At least 1 person appointed on the nomination of Te Runanga o Ngai Tahu (as established by section 6 of Te Runanga o Ngai Tahu Act 1996); and
(b) The remaining persons appointed under subsection (2).
(7D) Subsections (2) and (4) do not apply in respect of persons to be appointed under subsections (7B)(a) and (7C)(a).
(8) The appointment of any person by the Minister to be a member of a Board shall be made by notice published in the Gazette, and shall take effect from the date of such notice or such later date as may be specified in the notice.
(9) No person employed by the Department under the State Sector Act 1988 shall be eligible to be a member of any Board.
This Part, except sections 6A and 6L, was inserted, as from 10 April 1990, by section 5 Conservation Law Reform Act 1990 (1990 No 31).
Subsection (2) was amended, as from 1 September 1996, by section 25(2) Waikato Raupatu Claims Settlement Act 1995 (1995 No 58) by substituting the expression “(7), and (7A)”
for the expression “and (7)”
.
Subsection (4)(d) was substituted, as from 7 May 1999, by section 4 Conservation Amendment Act 1999 (1999 No 30).
Subsection (7A) was inserted, as from 1 September 1996, by section 25(2) Waikato Raupatu Claims Settlement Act 1995 (1995 No 58).
Subsections (7B) to (7D) were inserted, as from 1 October 1998, by section 273(1) Ngai Tahu Claims Settlement Act 1998 (1998 No 97). See section 273(2) of that Act as to the persons to be appointed pursuant to subsection (7C)(a) having to be appointed not later than the close of 30 November 1999. See clause 2 Ngai Tahu Claims Settlement Act Commencement Order 1998 (SR 1998/295).
(1) Any Board may co-opt for such term as it thinks fit any suitable person or persons to be a member or members of the Board.
(2) A co-opted member of a Board shall be entitled to attend and speak at any meeting of that Board, but shall not be entitled to vote on any question.
This Part, except sections 6A and 6L, was inserted, as from 10 April 1990, by section 5 Conservation Law Reform Act 1990 (1990 No 31).
(1) Subject to subsections (2) to (5) of this section, every appointed member of a Board shall hold office for such term, not exceeding 3 years, as the Minister shall specify in the notice of appointment, and may from time to time be reappointed.
(2) Any member of a Board may at any time be removed from office by the Minister for bankruptcy, inability to perform the functions of the office, neglect of duty, or misconduct.
(3) Any member of a Board may at any time resign his or her office by writing addressed to the Minister.
(4) If any member of a Board appointed other than under section 6P(2) dies, resigns, or is removed from office, the Minister must fill the vacancy so created in the manner in which the appointment to the vacant office was originally made.
(4A) If any member of a Board appointed under section 6P(2) dies, resigns, or is removed from office, the Minister must fill the vacancy so created either—
(a) In the manner in which the appointment to the vacant office was originally made; or
(4B) A person appointed to be a member of a Board under subsection (4) or subsection (4A) holds office for the residue of the term for which the vacating member was appointed.
(5) Unless a member sooner dies, resigns, or is removed from office, every member of a Board shall continue in office until that member's successor comes into office, notwithstanding that the term for which that member was appointed may have expired.
This Part, except sections 6A and 6L, was inserted, as from 10 April 1990, by section 5 Conservation Law Reform Act 1990 (1990 No 31).
Subsection (2) was amended, as from 1 January 2002, by section 70(1) Human Rights Amendment Act 2001 (2001 No 96), by substituting the words “inability to perform the functions of the office”
for the word “disability”
.
Subsection (4) was substituted, and subsections (4A) and (4B) were inserted, as from 7 May 1999, by section 5 Conservation Amendment Act 1999 (1999 No 30).
(1) The Minister shall, by the notice appointing the members of a Board, appoint one of its members to be the Chairperson of the Board for a term of one year, and thereafter the members shall from time to time elect one of their number to be the Chairperson for such period as they think fit.
(2) The Chairperson shall preside at all meetings of the Board at which he or she is present.
(3) If the Chairperson is absent from any meeting, the members present shall appoint one of their number to be the Chairperson of that meeting.
This Part, except sections 6A and 6L, was inserted, as from 10 April 1990, by section 5 Conservation Law Reform Act 1990 (1990 No 31).
(1) The first meeting of each Board shall be held at a time and place to be appointed by the Minister, and subsequent meetings shall be held at such times and places as the Board or the Chairperson from time to time appoints.
(2) A special meeting shall be called by the Chairperson whenever 3 or more members so request in writing.
(3) At any meeting of a Board, a majority of the members in office shall form a quorum and no business shall be transacted at any meeting unless such a quorum is present.
(4) Every question before any meeting of a Board shall be determined by a majority of the members present and voting on the question.
(5) At any meeting of a Board, the Chairperson of that meeting shall have a deliberative vote and, in the case of an equality of votes, shall also have a casting vote.
(6) The powers of a Board shall not be affected by any vacancy in its membership, nor shall the proceedings of a Board be invalidated merely because of the subsequent discovery that some defect existed in the appointment of any member.
(7) Subject to the provisions of this Act, each Board may regulate its procedure in such manner as it thinks fit.
This Part, except sections 6A and 6L, was inserted, as from 10 April 1990, by section 5 Conservation Law Reform Act 1990 (1990 No 31).
Notice in writing of every meeting of a Board and of the business proposed to be transacted at that meeting shall be given to the Director-General, and the Director-General or the Director-General's nominee shall be entitled to attend and speak at any such meeting, but shall not be entitled to vote on any question.
This Part, except sections 6A and 6L, was inserted, as from 10 April 1990, by section 5 Conservation Law Reform Act 1990 (1990 No 31).
The Boards shall be serviced by the Department in such manner as the Minister may from time to time direct.
This Part, except sections 6A and 6L, was inserted, as from 10 April 1990, by section 5 Conservation Law Reform Act 1990 (1990 No 31).
(1) Every Board is hereby declared to be a statutory Board within the meaning of the Fees and Travelling Allowances Act 1951.
(2) There shall be paid to members of every Board, out of money appropriated by Parliament, 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.
This Part, except sections 6A and 6L, was inserted, as from 10 April 1990, by section 5 Conservation Law Reform Act 1990 (1990 No 31).
Part 2B, comprising section 6X, was inserted, as from 10 April 1990, by section 5 Conservation Law Reform Act 1990 (1990 No 31).
(1) The Minister may, on such terms and conditions as the Minister may from time to time specify, appoint suitable persons to be the Guardians of Lakes Manapouri, Monowai, and Te Anau.
(1A) The persons appointed to be Guardians must include at least 1 person nominated by Te Runanga o Ngai Tahu (as established by Te Runanga o Ngai Tahu Act 1996).
(2) The functions of the Guardians shall be—
(a) To make recommendations to the Minister on any matters arising from the environmental, ecological, and social effects of the operation of the Manapouri-Te Anau hydro electric power scheme on the townships of Manapouri and Te Anau, Lakes Manapouri and Te Anau and their shorelines, and on the rivers flowing in and out of those lakes, having particular regard to the effects of the operation on social values, conservation, recreation, tourism, and related activities and amenities:
(b) To make recommendations to the Minister on any matters arising from the environmental, ecological, and social effects of the operation of the Monowai Power Scheme on Lake Monowai, its shoreline, and on the rivers flowing in and out of Lake Monowai, having particular regard to the effects of the operation on social values, conservation, recreation, tourism, and related activities and amenities:
(c) To make to the Minister, and to the Minister responsible for the administration of the Manapouri-Te Anau Development Act 1963, recommendations on the operating guidelines for the levels of Lakes Manapouri and Te Anau, for the purposes of section 4A of that Act.
(3) The Guardians shall in each year make a report to the Minister on their meetings and recommendations.
(4) Except as otherwise expressly provided, every reference in any other Act to the Guardians of Lakes Manapouri and Te Anau shall be read as a reference to the Guardians appointed under subsection (1) of this section.
Section 6X was inserted, as from 10 April 1990, by section 5 Conservation Law Reform Act 1990 (1990 No 31).
Subsection (1) was amended, as from 23 December 1992, by section 45 Treaty of Waitangi (Fisheries Claims) Settlement Act 1992 (1992 No 121) by inserting the words “(who shall include representatives of Maori)”
.
Subsection (1) was further amended, as from 1 October 1998, by section 274(1) Ngai Tahu Claims Settlement Act 1998 (1998 No 97) by omitting the words “(who shall include representatives of Maori)”
. See clause 2 Ngai Tahu Claims Settlement Act Commencement Order 1998 (SR 1998/295).
Subsection (1A) was inserted, as from 1 October 1998, by section 274(2) Ngai Tahu Claims Settlement Act 1998 (1998 No 97). See section 274(3) of that Act as to the person to be appointed pursuant to subsection (1A) having to be appointed within 6 months after the settlement date. See clause 2 Ngai Tahu Claims Settlement Act Commencement Order 1998 (SR 1998/295).
(1) The Minister, and the Minister responsible for an agency or department of State that has control of any land or foreshore, may jointly, by notice in the Gazette describing it, declare that the land or foreshore is held for conservation purposes; and, subject to this Act, it shall thereafter be so held.
(1A) Notwithstanding subsection (1) of this section, in the case of any land or foreshore to which section 61 or section 62 of this Act applies, the Minister may, by notice in the Gazette describing it, declare that the land or foreshore is held for conservation purposes; and, subject to this Act, it shall thereafter be so held.
(2) The Minister may, by agreement, acquire any interest in land for conservation purposes; and, subject to this Act, it shall thereafter be held for those purposes.
(3) Nothing in subsections (1) and (2) of this section applies in respect of land that is Crown forest land within the meaning of section 2 of the Crown Forest Assets Act 1989.
(4) For the purposes of subsection (1) of this section, the Minister of Forestry shall be deemed to be the Minister responsible for a department of State that has control of State forest land that is not Crown forest land within the meaning of section 2 of the Crown Forest Assets Act 1989.
Subsection (1A) was inserted, as from 25 November 1994, by section 3 Conservation Amendment Act 1994 (1994 No 108).
Subsection (3) was substituted, and subsection (4) was inserted, as from 25 October 1989, by section 44(1) Crown Forest Assets Act 1989 (1989 No 99).
(1) Nothing in this Act shall prevent any conservation area's becoming a reserve, sanctuary, refuge, or national park under any enactment other than this Act administered by the Department.
(1A) The Minister may from time to time, by notice in the Gazette, declare any conservation area to be a reserve under the Reserves Act 1977 and to have a classification under that Act, or to be included in any existing reserve under that Act, and may in like manner amend or revoke any such notice; and every such declaration shall have effect as a reservation under that Act for the purposes specified in the notice.
(2) Upon becoming a reserve, sanctuary, refuge, or national park, a conservation area shall cease to be a conservation area, notwithstanding that there has been no compliance with section 16 or section 26 of this Act.
(3) Upon the revocation of any notice given under subsection (1A) of this section, the land to which that notice related shall become a conservation area and have the same status as it had immediately before the commencement of that notice.
Subsection (1A) was inserted, as from 10 April 1990, by section 6(1) Conservation Law Reform Act 1990 (1990 No 31).
Subsection (3) was inserted, as from 10 April 1990, by section 6(2) Conservation Law Reform Act 1990 (1990 No 31).
[Repealed]
Sections 9 to 12 were repealed, as from 10 April 1990, by section 13(2) Conservation Law Reform Act 1990 (1990 No 31).
[Repealed]
Sections 9 to 12 were repealed, as from 10 April 1990, by section 13(2) Conservation Law Reform Act 1990 (1990 No 31).
[Repealed]
Sections 9 to 12 were repealed, as from 10 April 1990, by section 13(2) Conservation Law Reform Act 1990 (1990 No 31).
[Repealed]
Sections 9 to 12 were repealed, as from 10 April 1990, by section 13(2) Conservation Law Reform Act 1990 (1990 No 31).
(1) The Minister may—
(a) If requested to do so under section 24H(7) of this Act or if any conservation management strategy or conservation management plan relating to any conservation area provides for its closure in whole or in part for conservation purposes, to public entry, close the area or any part of it to public entry in accordance with the strategy or plan; and
(b) To the extent only that the conservation of any natural or historic resource of a conservation area for which there is no conservation management strategy or conservation management plan requires the closure of the area to public entry, close the area to public entry; and
(c) For reasons of public safety or emergency close any conservation area to public entry;—
and during the closure no person not authorised to do so by the Director-General shall remain on or enter the area.
(2) For so long as a conservation area is closed under subsection (1) of this section, the Director-General shall take all reasonable steps to ensure that members of the public are made aware of the closure and the reasons for it.
Subsection (1)(a) was substituted, as from 10 April 1990, by section 7(1) Conservation Law Reform Act 1990 (1990 No 31).
Subsection (1)(b) was amended, as from 10 April 1990, by section 7(2) Conservation Law Reform Act 1990 (1990 No 31) by substituting the words “for which there is no conservation management strategy or conservation management plan”
for the words “that has no management plan”
.
[Repealed]
Subsection (1)(b) was amended, as from 10 April 1990, by section 8(1) Conservation Law Reform Act 1990 (1990 No 31) by substituting the expression “60”
for the expression “30”
.
Subsection (1)(c) was substituted, as from 10 April 1990, by section 8(2) Conservation Law Reform Act 1990 (1990 No 31).
Subsection (1)(d) was amended, as from 10 April 1990, by section 8(3) Conservation Law Reform Act 1990 (1990 No 31) by substituting the words “conservation management strategy or conservation management plan for the area concerned”
for the words “management plan of the area concerned”
.
Subsections (4), (5) and (6) were inserted, as from 10 April 1990, by section 8(4) Conservation Law Reform Act 1990 (1990 No 31).
Sections 14 and 15 were repealed, as from 1 July 1996, by section 7(5)(a) Conservation Amendment Act 1996 (1996 No 1). See section 47 of that Act as to the transitional provisions relating to existing leases.
[Repealed]
Subsections (1A) and (1B) were inserted, as from 10 April 1990, by section 9(1) Conservation Law Reform Act 1990 (1990 No 31).
Subsection (3A) was inserted, as from 10 April 1990, by section 9(2) Conservation Law Reform Act 1990 (1990 No 31).
Sections 14 and 15 were repealed, as from 1 July 1996, by section 7(5)(a) Conservation Amendment Act 1996 (1996 No 1). See section 47 of that Act as to the transitional provisions relating to existing leases.
(1) Notwithstanding anything in the State-Owned Enterprises Act 1986 but subject to the Public Works Act 1981, no conservation area or interest in a conservation area shall be disposed of except in accordance with this Act.
(2) Nothing in subsection (1) of this section restricts or prevents the granting under this Act of a lease, licence, or easement over any conservation area.
(3) Nothing in section 42 of the Public Works Act 1981 applies to the disposal of any conservation area or interest in a conservation area.
Subsection (1) was substituted, as from 10 April 1990, by section 10 Conservation Law Reform Act 1990 (1990 No 31).
Subsection (3) was inserted, as from 25 November 1994, by section 4 Conservation Amendment Act 1994 (1994 No 108).
(1) Subject to subsections (2) and (3) of this section, the Minister may, by notice in the Gazette, authorise the exchange of any stewardship area or any part of any stewardship area for any other land.
(2) The Minister shall not authorise any such exchange unless the Minister is satisfied, after consultation with the local Conservation Board, that the exchange will enhance the conservation values of land managed by the Department and promote the purposes of this Act.
(3) All land acquired by the Crown under this section shall be held for such conservation purposes as the Minister may specify in respect of that land by notice in the Gazette.
(4) The Minister may authorise the payment or receipt by the Crown of money by way of equality of exchange in any case under this section; and all money so received shall be paid into the Department of Conservation Grants and Gifts Trust Account, and shall be applied, without further appropriation than this section, for the acquisition of land under this Act or the Reserves Act 1977 or the National Parks Act 1980.
(5) The Minister or the Director-General may, on behalf of the Crown, do all such things as may be necessary to effect any exchange authorised under this section.
(6) Upon the transfer of any stewardship area or any part of any stewardship area under this section, that land shall cease to be subject to this Act.
(7) Nothing in section 26 or section 49 of this Act shall apply to the exchange of land under this section.
(7A) Nothing in section 40 of the Public Works Act 1981 applies to the exchange of land under this section.
(8) District Land Registrars are hereby authorised and directed to make such entries in registers and do all such other things as may be necessary to give effect to exchanges authorised under this section.
Section 16A was inserted, as from 10 April 1990, by section 11 Conservation Law Reform Act 1990 (1990 No 31).
Subsection (7A) was inserted, as from 25 November 1994, by section 5 Conservation Amendment Act 1994 (1994 No 108).
(1) Except as provided by or under this section, Part 3B, or section 38(1) of this Act, the entry to and use of conservation areas by the public shall be free of charge.
(2) The Minister may impose a reasonable charge for the use of facilities (other than paths and tracks) that are provided by the Minister in or in respect of any conservation area.
(3) A concessionaire of any part of a conservation area may, to the extent that the relevant concession document so provides, impose a reasonable charge for the use of any facilities in or in respect of that part of the area that are provided by the Minister or the concessionaire.
(4) Any person who, in accordance with any concession or other consent of the Minister or Director-General,—
(a) Has erected any structure or facility in any conservation area; or
(b) Uses any part of any conservation area for camping sites or for parking places for vehicles; or
(c) Carries on any activity in any conservation area,—
may, subject to the conservation management strategy or conservation management plan (if any) relating to the area and to the terms and conditions (if any) of the relevant concession document, impose a reasonable charge in respect of access to or use of any such structure, site, or place, or the carrying on or products of the activity concerned.
(5) Nothing in this section authorises any person to do anything on or in respect of any private land.
The original section 17 was inserted, as from 30 July 1988, by section 2(1) Conservation Amendment Act 1988 (1988 No 131).
The original subsection (2) was amended, as from 10 April 1990, by section 12(a) Conservation Law Reform Act 1990 (1990 No 31) by inserting the words “conservation management strategy or conservation”
.
The original subsection (2) was further amended, as from 10 April 1990, by section 12(b) Conservation Law Reform Act 1990 (1990 No 31) by substituting the words “the strategy or plan”
for the words “the plan.”
In the original section 17, subsection (8) was amended, as from 10 April 1990, by section 12(c) Conservation Law Reform Act 1990 (1990 No 31) by inserting the words “conservation management strategy or conservation”
.
Section 17 was substituted, as from 1 July 1996, by section 3(1) Conservation Amendment Act 1996 (1996 No 1).
Part 3A, comprising sections 17A to 17N, was inserted, as from 10 April 1990, by section 13(1) Conservation Law Reform Act 1990 (1990 No 31).
Subject to this Act, the Department shall administer and manage all conservation areas and natural and historic resources in accordance with—
(b) Conservation management strategies, conservation management plans, and freshwater fisheries management plans.
Part 3A, comprising sections 17A to 17N, was inserted, as from 10 April 1990, by section 13(1) Conservation Law Reform Act 1990 (1990 No 31).
(1) The Minister may approve statements of general policy for the implementation of this Act, and for any conservation area or areas, or conservation areas of any class or description; and may from time to time amend or revoke any such statement in the light of changing circumstances or increased knowledge.
(2) Nothing in any such general policy shall derogate from any provision in this Act or any other Act.
(3) The following provisions shall apply to the preparation and approval of such statements:
(a) The Director-General may prepare draft statements of general policy, after consultation with—
(i) The New Zealand Fish and Game Council, in the case of sports fish and game policy; or
(ii) The Conservation Authority, in any other case:
(b) The Director-General shall give notice by advertisement published in daily newspapers circulating in the cities of Auckland, Hamilton, Wellington, Christchurch, and Dunedin of the availability of each proposed statement of policy, and every such notice shall—
(i) State that the draft is available for inspection at the places and times specified in the notice; and
(ii) Call upon persons or organisations interested to lodge with the Director-General written submissions on the draft before the date specified in that behalf in the notice, being a date not less than 40 working days after the date of the publication of the notice:
(c) The Director-General shall also give notice to the same effect to all regional councils within the meaning of the Local Government Act 2002, and, so far as is practicable, to representatives of the appropriate iwi authorities:
(d) Before revising any such draft, the Director-General shall ensure that—
(i) Copies of the draft are held by the Department and are available for public inspection during normal office hours, in such places and quantities as are likely to encourage public participation in the development of the statement of policy; and
(ii) Any proposed amendments are explained in a written statement available with the draft:
(e) The Director-General may give such further notice of any draft statement of policy as the Director-General thinks fit:
(f) Any person or organisation may send to the Director-General written submissions on any such draft before the date specified in that behalf in the relevant notice, being a date not less than 40 working days after the date of publication of the notice:
(g) The Director-General shall give any person or organisation who or which, in making any submissions under paragraph (f) of this subsection, asked to be heard in support of his or her or its submissions a reasonable opportunity of appearing before the Director-General:
(h) The Director-General shall consult with such other persons or organisations, and in such manner, as the Director-General considers practicable and appropriate:
(i) The Director-General shall prepare a summary of the submissions received and public opinion made known on the draft:
(j) After considering the submissions and public opinion, the Director-General shall make such amendments to the draft as the Director-General considers appropriate and, subject to paragraph (k) of this subsection, send to the Conservation Authority the draft and the summary prepared under paragraph (i) of this subsection:
(k) Where a draft statement of policy relates to the management of sports fish and game, the Director-General—
(i) Shall send the draft to the New Zealand Fish and Game Council for comment; and
(ii) Shall send to the Minister, the draft, the summary prepared under paragraph (i) of this subsection, and the comments of the New Zealand Fish and Game Council:
(l) The Conservation Authority—
(i) Shall consider any draft and summary received from the Director-General under paragraph (j) of this subsection; and
(ii) May consult any Conservation Board about the draft; and
(iii) Shall send to the Minister the draft, the summary, and its own comments on the draft:
(m) The Minister shall approve the draft or send it back to the Director-General for revision before approving it.
(4) The Director-General may at any time prepare an amendment to any statement of general policy, and the following provisions shall apply in any such case:
(a) Where the proposed amendment does not materially affect the objectives of the policy or the public interest, the Director-General shall send it to the Conservation Authority or the New Zealand Fish and Game Council, as the case may require, and it shall be dealt with under paragraphs (k) to (m) of subsection (3) of this section, which shall apply with any necessary modifications:
(b) In any other case, the proposed amendment shall be dealt with under paragraphs (a) to (m) of subsection (3) of this section, which shall apply with any necessary modifications.
(5) All statements of general policy approved under this Act before the commencement of this section shall be deemed to have been approved under subsection (3)(m) of this section.
Part 3A, comprising sections 17A to 17N, was inserted, as from 10 April 1990, by section 13(1) Conservation Law Reform Act 1990 (1990 No 31).
Subsection (3)(c) was amended, as from 1 July 2003, by section 262 Local Government Act 2002 (2002 No 84) by substituting the words “within the meaning of the Local Government Act 2002”
for the words “constituted under the Local Government Act 1974”
. See sections 273 to 314 of that Act as to the savings and transitional provisions.
(1) The Director-General may from time to time prepare and recommend for approval by the Minister a general statement of policy for any area or areas of land or water, or for any natural or historic resources, managed by the Department for the purposes of the Wildlife Act 1953, the Marine Reserves Act 1971, the Reserves Act 1977, the Wild Animal Control Act 1977, the Marine Mammals Protection Act 1978, or this Act, or any of them.
(2) Where any part of any such statement of policy is subject to any of the Acts referred to in subsection (1) of this section, it may be approved only in accordance with the relevant approval procedures set out in that Act; and the relevant provisions of that Act shall apply accordingly.
Part 3A, comprising sections 17A to 17N, was inserted, as from 10 April 1990, by section 13(1) Conservation Law Reform Act 1990 (1990 No 31).
Section 17C(1): amended, on 30 September 2008, by section 82 of the Walking Access Act 2008 (2008 No 101).
(1) The purpose of a conservation management strategy is to implement general policies and establish objectives for the integrated management of natural and historic resources, including any species, managed by the Department under the Wildlife Act 1953, the Marine Reserves Act 1971, the Reserves Act 1977, the Wild Animal Control Act 1977, the Marine Mammals Protection Act 1978, the National Parks Act 1980, the Hauraki Gulf Marine Park Act 2000 or this Act, or any of them, and for recreation, tourism, and other conservation purposes.
(2) Within 5 years after the commencement of this section, such conservation management strategies as may be necessary to establish such objectives for all areas managed by the Department shall be prepared by the Director-General for approval by the Conservation Authority in accordance with section 17F of this Act.
(3) Subject to this Act, the Director-General shall determine the boundaries of a conservation management strategy.
(4) Nothing in any conservation management strategy shall—
(a) Derogate from any provision in this Act or any other Act; or
(b) Derogate from any general policy approved under any of the Acts referred to in subsection (1) of this section; or
(c) Affect any agreement or arrangement entered into under this Act or any other Act between the Minister and any land owner other than the Crown or between the Director-General and any such land owner.
(5) A conservation management strategy may require the preparation of a conservation management plan under any Act specified in Schedule 1 to this Act other than the National Parks Act 1980.
(6) Any conservation management plan approved in respect of any conservation park or under the National Parks Act 1980 may be approved as a conservation management strategy by the Conservation Authority in accordance with paragraphs (m) to (p) of section 17F of this Act, as if it were a draft conservation management strategy.
(7) A conservation management strategy shall identify and describe all protected areas managed by the Department within the boundaries of the strategy.
(8) When preparing a conservation management strategy, the Director-General shall have regard to any relevant concessions for the time being in force and to existing management plans under this Act or any Act specified in Schedule 1 to this Act.
Part 3A, comprising sections 17A to 17N, was inserted, as from 10 April 1990, by section 13(1) Conservation Law Reform Act 1990 (1990 No 31).
Section 17D(1): amended, on 30 September 2008, by section 82 of the Walking Access Act 2008 (2008 No 101).
Subsection (1) was amended, as from 27 February 2000, by section 49 Hauraki Gulf Marine Park Act 2000 (2000 No 1) by inserting the words “Hauraki Gulf Marine Park Act 2000”
.
Subsection (8) was amended, as from 1 July 1996, by section 4 Conservation Amendment Act 1996 (1996 No 1) by inserting, after the words “have regard to”
, the words “any relevant concessions for the time being in force and to”
.
(1) The purpose of a conservation management plan is to implement conservation management strategies and establish detailed objectives for the integrated management of natural and historic resources within any area or areas referred to in subsection (4) of this section, and for recreation, tourism, and other conservation purposes.
(2) The Director-General shall prepare conservation management plans as required by the provisions of any conservation management strategy.
(3) Where an area is not subject to a conservation management strategy, the Minister may require the preparation of a conservation management plan for that area after consultation with the Boards affected; and the Director-General shall prepare such a plan if so required by the Minister.
(4) Any conservation management plan may relate to any area or areas managed by the Department under the Wildlife Act 1953, the Marine Reserves Act 1971, the Reserves Act 1977, the Marine Mammals Protection Act 1978, the Hauraki Gulf Marine Park Act 2000 or this Act.
(5) Nothing in any conservation management plan shall derogate from—
(a) Any provision in this Act or any other Act; or
(b) Any policy approved under this Act or any other Act in respect of the area to which the plan relates, or any part of that area; or
(c) Any provision in any conservation management strategy.
(6) All management plans approved under this Act before the commencement of this section shall be deemed to have been approved under section 17G of this Act.
(7) Every draft management plan that, immediately before the commencement of this Act, had been publicly notified by the Director-General but not approved by the Minister is hereby deemed to be a draft conservation management plan prepared under section 17G of this Act and may be approved accordingly.
(8) Where it is proposed that a conservation management strategy be amended to provide for a conservation management plan, section 17I(4) of this Act shall be deemed to apply to the amendment.
(9) When preparing a conservation management plan, the Director-General shall have regard to any relevant concessions for the time being in force and to existing freshwater fisheries management plans and sports fish and game management plans under this Act.
Part 3A, comprising sections 17A to 17N, was inserted, as from 10 April 1990, by section 13(1) Conservation Law Reform Act 1990 (1990 No 31).
Subsection (4) was amended, as from 27 February 2000, by section 49 Hauraki Gulf Marine Park Act 2000 (2000 No 1) by inserting after the words “Marine Mammals Protection Act 1978”
the words “Hauraki Gulf Marine Park Act 2000”
.
Subsection (5)(c) was amended, as from 25 November 1994, by section 6 Conservation Amendment Act 1994 (1994 No 108) by substituting the word “conservation”
for the word “regional”
.
Subsection (9) was amended, as from 1 July 1996, by section 5 Conservation Amendment Act 1996 (1996 No 1) by inserting after the words “have regard to”
, the words “any relevant concessions for the time being in force and to”
.
The following provisions shall apply to the preparation and approval of draft conservation management strategies:
(a) Every draft shall be prepared by the Director-General in consultation with the Conservation Boards affected by it and such other persons or organisations, as the Director-General considers practicable and appropriate, and then notified in accordance with section 49(1) of this Act and to the appropriate regional councils and territorial authorities within the meaning of the Local Government Act 2002 and to the appropriate iwi authorities, and that provision shall apply as if the notice were required to be given by the Minister:
(b) Every notice under paragraph (a) of this section shall—
(i) State that the draft strategy is available for inspection at the places and times specified in the notice; and
(ii) Call upon persons or organisations interested to lodge with the Director-General submissions on the draft before the date specified in that behalf in the notice, being a date not less than 40 working days after the date of the publication of the notice:
(c) Any person or organisation may make written submissions to the Director-General on the draft at the place and before the date specified in that behalf in the notice:
(d) The Director-General may, after consultation with the Conservation Boards affected, obtain public opinion of the draft by any other means from any person or organisation:
(e) From the date of public notification of a draft until public opinion of it has been made known to the Director-General, the draft shall be made available by the Director-General for public inspection during normal office hours, in such places and quantities as are likely to encourage public participation in the development of the proposal:
(f) The Director-General shall give every person or organisation who or which, in making any submissions on the draft, asked to be heard in support of his or her or its submissions a reasonable opportunity of appearing before a meeting of representatives of the Director-General and the Conservation Boards affected:
(g) Representatives of the Director-General and the Conservation Boards affected may hear submissions from any other person or organisations consulted on the draft:
(h) The Director-General shall prepare a summary of the submissions received on the draft and public opinion made known about it:
(i) After considering such submissions and public opinion, the Director-General shall revise the draft and shall, subject to paragraph (j) of this section, send to the Conservation Boards affected the revised draft and the summary prepared under paragraph (h) of this section:
(j) The Director-General shall comply with paragraph (i) of this section before—
(i) The expiration of 8 months after the date of publication of the notice given under paragraph (a) of this section; or
(ii) Such later date as may be fixed in that behalf by the Minister:
(k) On receipt of the draft and the summary, the Conservation Boards affected shall consider those documents and then—
(i) May request the Director-General to revise the draft; and
(ii) Shall send the draft to the Authority for approval, together with a written statement of any matters of content on which the Director-General and the Boards are unable to agree and a copy of the summary prepared under paragraph (h) of this section:
(l) The Conservation Boards affected shall send the draft received under paragraph (i) of this section to the Conservation Authority before—
(i) The expiration of 6 months after the date of its referral to the Boards by the Director-General; or
(ii) Such later date as may be fixed in that behalf by the Minister:
(m) The Conservation Authority shall consider the draft and all other information furnished with it and may consult such persons and organisations as it considers appropriate, including the Director-General and the Conservation Boards affected:
(n) After such consideration, the Conservation Authority shall make such amendments as it considers necessary and send the draft and the other relevant information to the Minister:
(o) The Minister shall consider the draft and send it back to the Conservation Authority with any written recommendations the Minister considers appropriate:
(p) After having regard to any recommendations expressed in writing by the Minister, the Conservation Authority shall either—
(i) Approve the draft; or
(ii) Send back to the Minister for further consideration the draft and any new information the Authority wishes the Minister to consider, before the Authority approves the draft.
Part 3A, comprising sections 17A to 17N, was inserted, as from 10 April 1990, by section 13(1) Conservation Law Reform Act 1990 (1990 No 31).
Paragraph (a) was amended, as from 1 July 2003, by section 262 Local Government Act 2002 (2002 No 84) by substituting the words “within the meaning of the Local Government Act 2002”
for the words “constituted under the Local Government Act 1974”
. See sections 273 to 314 of that Act as to the savings and transitional provisions.
(1) The provisions of paragraphs (a) to (j) of section 17F of this Act shall apply to the preparation and approval of draft conservation management plans as if such draft plans were draft conservation management strategies.
(2) On receipt of the draft and the summary under the provisions referred to in subsection (1) of this section, the Conservation Boards affected shall consider those documents and then shall—
(a) Approve the plan; or
(b) Request the Director-General to revise the plan; or
(c) Send the plan to the Conservation Authority for consideration.
(3) The following provisions shall also apply to draft conservation management plans:
(a) At any time before the Boards approve the draft, the Authority or the Minister may require the Boards to send the draft to the Authority for approval:
(b) If a draft is sent to the Authority under paragraph (a) of this subsection, the Director-General shall be entitled to make to the Authority submissions on the draft:
(c) Every draft referred by the Director-General to Conservation Boards under the provisions referred to in subsection (1) of this section shall be approved by the Boards or sent to the Conservation Authority, as the case may require, before—
(i) The expiration of 6 months after the date of its referral to the Boards by the Director-General; or
(ii) Such later date as may be fixed in that behalf by the Minister:
(d) Where the Boards send a draft to the Authority, the Boards shall also furnish the Authority with the summary prepared under subsection (1) of this section and a written statement of any matters of content on which the Director-General and the Boards are unable to agree:
(e) The Conservation Authority shall, in such a case, consider the draft and all other information furnished with it and may consult such persons and organisations as it considers appropriate, including the Director-General and the Conservation Boards affected:
(f) After such consideration, the Conservation Authority shall make such amendments as it considers necessary and send the draft and the other relevant information to the Minister:
(g) The Minister shall consider the draft and send it back to the Conservation Authority with any written recommendations the Minister considers appropriate:
(h) After having regard to any recommendations expressed in writing by the Minister, the Conservation Authority shall either—
(i) Approve the draft strategy or plan; or
(ii) Send back to the Minister for further consideration the draft and any new information the Authority wishes the Minister to consider, before the Authority approves the draft.
Part 3A, comprising sections 17A to 17N, was inserted, as from 10 April 1990, by section 13(1) Conservation Law Reform Act 1990 (1990 No 31).
(1) The Director-General, after consultation with the Conservation Boards affected, may at any time initiate a review of any conservation management strategy or conservation management plan, or any part of any such strategy or plan.
(2) Every review of a conservation management strategy under this section shall be carried out and approved in accordance with the provisions of section 17F of this Act, which shall apply with any necessary modifications.
(3) Every review of a conservation management plan under this section shall be carried out and approved in accordance with the provisions of section 17G of this section, which shall apply with any necessary modifications.
(4) The following provisions shall also apply in relation to reviews under this section:
(a) Any conservation management strategy or conservation management plan may be reviewed in whole or in part:
(b) A conservation management strategy or conservation management plan shall be reviewed as a whole by the Director-General not later than 10 years after the date of its approval:
(c) In the case of a conservation management strategy, the Minister may, after consultation with the Authority, extend that period of review:
(d) In the case of a conservation management plan, the Minister may, after consultation with the Conservation Boards affected, extend that period of review.
Part 3A, comprising sections 17A to 17N, was inserted, as from 10 April 1990, by section 13(1) Conservation Law Reform Act 1990 (1990 No 31).
(1) The Director-General, after consultation with the Conservation Boards affected, may at any time initiate the amendment of any conservation management strategy or conservation management plan, or any part of any such strategy or plan.
(1A) The Director-General may amend a conservation management strategy so that the information in the strategy required by section 17D(7) (identifying and describing protected areas) remains accurate. Subsections (1), (2), and (4)(a) do not apply to the Director-General's ability to amend a conservation management strategy under this subsection. However, the Director-General must promptly notify the Conservation Boards affected of every amendment made under this subsection.
(2) Except as provided in subsection (4) of this section, every amendment of a conservation management strategy under this section shall be carried out in accordance with the provisions of section 17F of this Act, which shall apply with any necessary modifications.
(3) Except as provided in subsection (4) of this section, every amendment of a conservation management plan shall be carried out in accordance with the provisions of section 17G of this section, which shall apply with any necessary modifications.
(4) Where the proposed amendment is of such a nature that the Director-General and the Conservation Boards affected consider that it will not materially affect the objectives or policies expressed in the strategy or plan or the public interest in the area concerned, then—
(a) In the case of a conservation management strategy, the Director-General shall send the proposal to the Conservation Boards affected and it shall be dealt with under paragraphs (k) to (p) of section 17F of this Act; and
Part 3A, comprising sections 17A to 17N, was inserted, as from 10 April 1990, by section 13(1) Conservation Law Reform Act 1990 (1990 No 31).
Subsection (1A) was inserted, as from 22 October 2003, by section 3 Conservation Amendment Act 2003 (2003 No 65).
Subsection (4) was amended, as from 25 November 1994, by section 7 Conservation Amendment Act 1994 (1994 No 108) by omitting the word “draft”
in paras (a) and (b).
(1) The purpose of a freshwater fisheries management plan is to implement general policies and establish detailed objectives for the management of freshwater fisheries within any area or areas.
(2) The Director-General may prepare for approval by the Minister such freshwater fisheries management plans as are necessary for the management of all freshwater fisheries other than sports fisheries.
(3) Nothing in any freshwater fisheries management plan shall derogate from—
(a) Any provision in this Act or any other Act; or
(b) Any policy approved under this Act or any other Act in respect of the area to which the plan relates, or any part of that area; or
(c) Any provision in any conservation management strategy or conservation management plan.
(4) Any freshwater fisheries management plan may apply to any one or more freshwater fish species within any area.
(5) In preparing any freshwater fisheries management plan, the Director-General shall have regard to any sports fish and game management plan having effect in that area.
Part 3A, comprising sections 17A to 17N, was inserted, as from 10 April 1990, by section 13(1) Conservation Law Reform Act 1990 (1990 No 31).
(1) The following provisions shall apply to the preparation and approval of freshwater fisheries management plans:
(a) Every draft plan shall be prepared by the Director-General in consultation with the Conservation Boards affected by it and such other persons or organisations, including representatives of the appropriate iwi authorities, as the Director-General considers practicable and appropriate, and then notified in accordance with section 49(1) of this Act and to the appropriate regional councils and territorial authorities within the meaning of the Local Government Act 2002, and that provision shall apply as if the notice were required to be given by the Minister:
(b) Every notice under paragraph (a) of this subsection shall—
(i) State that the draft plan is available for inspection at the places and times specified in the notice; and
(ii) Call upon persons or organisations interested to lodge with the Director-General submissions on the draft before the date specified in that behalf in the notice, being a date not less than 40 working days after the date of the publication of the notice:
(c) Any person or organisation may make written submissions to the Director-General on any such draft plan, at the place and before the date specified in that behalf in the notice:
(d) The Director-General may obtain public opinion of the draft by any other means from any person or organisation:
(e) From the date of public notification of a draft plan until public opinion of it has been made known to the Director-General, the draft shall be made available by the Director-General for public inspection during normal office hours, in such places and quantities as are likely to encourage public participation in the development of the proposal:
(f) The Director-General shall give every person or organisation who or which, in making any submissions on the draft, asked to be heard in support of his or her or its comments a reasonable opportunity of appearing before a meeting of representatives of the Director-General:
(g) Representatives of the Director-General may hear submissions from any other person or organisations consulted on the draft:
(h) The Director-General shall prepare a summary of the submissions received on the draft and public opinion made known about it:
(i) After considering such submissions and public opinion, the Director-General shall, subject to paragraph (j) of this subsection, revise the draft plan:
(j) The Director-General shall comply with paragraph (i) of this subsection before—
(i) The expiration of 8 months after the date of publication of the notice given under paragraph (a) of this subsection; or
(ii) Such later date as may be fixed in that behalf by the Minister:
(k) The Conservation Authority shall, if so required by the Minister, consider the draft and send any written comments on the draft to the Minister and the Director-General:
(l) The Director-General, after having regard to any comments received under paragraph (k) of this subsection,—
(i) May amend the draft:
(ii) Shall send to the Minister the draft, with any revisions, and the summary prepared under paragraph (h) of this subsection:
(m) The Minister shall approve the draft or send it back to the Director-General for further consideration before approving it.
(2) The Director-General may at any time review or amend any such management plan.
(3) The review of any freshwater fisheries management plan shall be dealt with under subsection (1) of this section, which shall apply with any necessary modifications.
(4) The following provisions shall also apply in relation to the review of any freshwater fisheries management plan:
(a) Any freshwater fisheries management plan may be reviewed in whole or in part:
(b) A freshwater fisheries management plan shall be reviewed as a whole by the Director-General not later than 10 years after the date of its approval.
(5) Subject to subsection (6) of this section, the amendment of any freshwater fisheries management plan shall be dealt with under subsection (1) of this section, which shall apply with any necessary modifications.
(6) Where any such amendment is of such a nature that the Director-General considers 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 under paragraphs (i) to (m) of subsection (1) of this section, which shall apply with any necessary modifications.
Part 3A, comprising sections 17A to 17N, was inserted, as from 10 April 1990, by section 13(1) Conservation Law Reform Act 1990 (1990 No 31).
Subsection (1)(a) was amended, as from 1 July 2003, by section 262 Local Government Act 2002 (2002 No 84) by substituting the words “within the meaning of the Local Government Act 2002”
for the words “constituted under the Local Government Act 1974”
. See sections 273 to 314 of that Act as to the savings and transitional provisions.
(1) The purpose of a sports fish and game management plan is to establish objectives for the management of sports fish and game, or both, within any region or part of any region.
(2) Each Fish and Game Council shall prepare for approval by the Minister such sports fish and game management plans as are necessary for the management of sports fish and game within its area of jurisdiction.
(3) Nothing in any sports fish and game management plan shall derogate from—
(a) Any provision in this Act or any other Act; or
(b) Any policy approved under this Act or any other Act in respect of the area to which the plan relates, or any part of that area; or
(c) Any provision in any conservation management strategy or conservation management plan or freshwater fisheries management plan.
(4) When preparing a draft sports fish and game management plan, the Fish and Game Council shall—
(a) Have regard to the sustainability of sports fish and game in the area to which the plan relates; and
(b) Have regard to the impact that the management proposed in the draft is likely to have on other natural resources and other users of the habitat concerned; and
(c) Include such provisions as may be necessary to maximise recreational opportunities for hunters and anglers.
Part 3A, comprising sections 17A to 17N, was inserted, as from 10 April 1990, by section 13(1) Conservation Law Reform Act 1990 (1990 No 31).
(1) Every draft sports fish and game management plan shall be prepared by a Fish and Game Council in the manner provided in subsection (2) of this section.
(2) The following provisions shall apply to the preparation and approval of sports fish and game management plans:
(a) The Fish and Game Council—
(i) Shall publish a notice of the draft plan either in some newspaper circulating in the area in which the subject-matter of the notice is situated or, if the draft is of national importance, at least once in each of 5 daily newspapers published in Auckland, Hamilton, Wellington, Christchurch, and Dunedin, respectively; and
(ii) Shall give notice of the draft plan to the Director-General and, so far as is practicable, to representatives of the appropriate iwi authorities, and to the appropriate regional councils and territorial authorities within the meaning of the Local Government Act 2002; and
(iii) May give such further notice of the draft plan as the Fish and Game Council thinks fit; and
(iv) Shall, in every notice under this paragraph, invite persons or organisations to send to the Fish and Game Council written submissions on the proposal before the date specified in that behalf in the notice, being a date not less than 40 working days after the date of the publication of the notice; and
(v) Shall consult with such other persons or organisations, in such manner, as the Fish and Game Council considers practicable and appropriate; and
(vi) Shall give full consideration to any submissions and opinion made known to the Fish and Game Council:
(b) Every notice under paragraph (a) of this subsection shall state that the draft plan is available for inspection at the places and times specified in the notice:
(c) From the date of public notification of a draft plan until public opinion of it has been made known to the Fish and Game Council, the draft shall be made available by the Fish and Game Council for public inspection during normal office hours, in such places and quantities as are likely to encourage public participation in the development of the proposal:
(d) The Fish and Game Council shall give every person or organisation who or which, in making any submissions on the draft, asked to be heard in support of his or her or its submissions a reasonable opportunity of appearing before a meeting of representatives of the Fish and Game Council:
(e) The Fish and Game Council shall prepare a summary of the submissions received on the draft and public opinion made known about it:
(f) The Fish and Game Council shall send the draft to the Minister with the summary prepared under paragraph (e) of this subsection and a written statement of any matters of content on which the Director-General and the Council are unable to agree:
(g) The Minister shall approve the draft or send it back to the Fish and Game Council for further consideration before approving it.
(3) The Fish and Game Council may at any time review or amend any sports fish and game management plan.
(4) Subject to subsection (6) of this section, the review of any sports fish and game management plan and amendments shall be dealt with under subsection (2) of this section, which shall apply with any necessary modifications.
(5) The following provision shall also apply in relation to the review of any sports fish and game management plan:
(a) Any sports fish and game management plan may be reviewed in whole or in part:
(b) A sports fish and game management plan shall be reviewed as a whole by the Fish and Game Council not later than 10 years after the date of its approval:
(c) The Minister may, after consultation with the Fish and Game Councils affected, extend that period of review.
(6) Where the proposed amendment of any sports fish and game management plan is of such a nature that the Fish and Game Council considers 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 under paragraphs (e) to (g) of subsection (2) of this section, which shall apply with any necessary modifications.
Part 3A, comprising sections 17A to 17N, was inserted, as from 10 April 1990, by section 13(1) Conservation Law Reform Act 1990 (1990 No 31).
Subsection (2)(a)(ii) was amended, as from 1 July 2003, by section 262 Local Government Act 2002 (2002 No 84) by substituting the words “within the meaning of the Local Government Act 2002”
for the words “constituted under the Local Government Act 1974”
. See sections 273 to 314 of that Act as to the savings and transitional provisions.
(1) Every statement of general policy approved under section 17B(3)(m) or section 17C of this Act, every conservation management strategy, and every conservation management plan, freshwater fisheries management plan, and sports fish and game management plan shall have effect on and from the date on which it is approved, or on such later date as may be specified in that behalf in the statement or strategy or plan.
(2) No such statement or strategy or plan shall restrict or affect the exercise of any legal right or power by any person other than the Minister or the Director-General or any Fish and Game Council.
(3) [Repealed]
(4) Every such statement, strategy, and plan shall be available for public inspection during ordinary office hours at the Department's Head Office, and at such other places as the Director-General thinks its public availability is desirable.
(5) Sports fish and game management plans, and policies relating to sports fish and game that are general policies or are established by the New Zealand Fish and Game Council, shall be available at the offices of the New Zealand Fish and Game Council and the Fish and Game Councils affected by them.
(6) Where any such strategy or plan or any review or amendment of any such strategy or plan is approved, the Fish and Game Council that prepared, reviewed, or amended the sports fish and game management plan, or the Director-General in the case of any other strategy or plan, must give public notice of the approval, specifying the offices or places at which the strategy or plan, or reviewed or amended strategy or plan, can be inspected; and section 49(1) of this Act applies as if the notice were required to be given by the Minister.
Part 3A, comprising sections 17A to 17N, was inserted, as from 10 April 1990, by section 13(1) Conservation Law Reform Act 1990 (1990 No 31).
Subsection (3) was repealed, as from 1 July 1996, by section 6 Conservation Amendment Act 1996 (1996 No 1).
Subsection (6) was substituted, as from 3 June 1998, by section 2 Conservation Amendment Act 1998 (1998 No 33).
Part 3B (comprising sections 17O to 17ZJ) was inserted, as from 1 July 1996, by section 7(1) Conservation Amendment Act 1996 (1996 No 1). See section 7(2)-(4) and (6) of that Act, and section 47 of that Act as to the transitional provisions relating to existing leases.
(1) This Part of this Act applies to every conservation area.
(2) Except as provided in subsection (3) or subsection (4) of this section, no activity shall be carried out in a conservation area unless authorised by a concession.
(3) A concession is not required in respect of—
(a) Any mining activity authorised under the Crown Minerals Act 1991 (including the transitional provisions of that Act); or
(b) Any activity that is otherwise authorised by or under this Act or any Act specified in Schedule 1 to this Act; or
(c) Any action or event necessary for the purposes of saving or protecting life or health, or preventing serious damage to property or avoiding an actual or likely adverse effect on the environment; or
(d) Any activity that is carried out by the Minister or Director-General in the exercise of his or her functions, duties, or powers under this Act or any other Act.
(4) An individual or organised group undertaking any recreational activity, whether for the benefit of the individual or members (individually or collectively) of the group, does not require a concession if the individual or group is undertaking the activity without any specific gain or reward for that activity, whether pecuniary or otherwise.
(5) A group of the kind to which subsection (4) of this section applies may impose on its members a reasonable charge in order to recover the reasonable expenses in organising the recreational activity.
(6) Subsection (3)(b) of this section shall not apply to any sports fishing guide or game hunting guide who conducts any activity in a conservation area.
(7) This Part is subject to Part 2 of the Forests (West Coast Accord) Act 2000, in relation to land that is a conservation area as a result of a declaration under section 8(1) of that Act.
Part 3B (comprising sections 17O to 17ZJ) was inserted, as from 1 July 1996, by section 7(1) Conservation Amendment Act 1996 (1996 No 1). See section 7(2)-(4) and (6) of that Act, and section 47 of that Act as to the transitional provisions relating to existing leases.
Subsection (7) was added, as from 21 October 2000, by section 22 Forests (West Coast Accord) Act 2000 (2000 No 45).
(1) Except as provided in subsection (2) of this section, this Part of this Act does not relieve any person from any obligation to obtain a resource consent under the Resource Management Act 1991.
(2) Section 11 and Part 10 of the Resource Management Act 1991 do not apply to any lease granted by the Minister.
Part 3B (comprising sections 17O to 17ZJ) was inserted, as from 1 July 1996, by section 7(1) Conservation Amendment Act 1996 (1996 No 1). See section 7(2)-(4) and (6) of that Act, and section 47 of that Act as to the transitional provisions relating to existing leases.
(1) Subject to this Part of this Act, the Minister may grant a concession in the form of a lease, licence, permit, or easement in respect of any activity.
(2) The Minister shall not grant an easement in respect of an activity if a lease, licence, or permit may be granted in respect of the activity and the Minister considers that a lease, licence, or permit is more appropriate in that case.
(3) Part 4A of this Act does not apply to any lease or licence granted under this Part of this Act.
Part 3B (comprising sections 17O to 17ZJ) was inserted, as from 1 July 1996, by section 7(1) Conservation Amendment Act 1996 (1996 No 1). See section 7(2)-(4) and (6) of that Act, and section 47 of that Act as to the transitional provisions relating to existing leases.
Any person may apply to the Minister for a concession to conduct an activity in a conservation area.
Part 3B (comprising sections 17O to 17ZJ) was inserted, as from 1 July 1996, by section 7(1) Conservation Amendment Act 1996 (1996 No 1). See section 7(2)-(4) and (6) of that Act, and section 47 of that Act as to the transitional provisions relating to existing leases.
(1) Every application for a concession shall include the following information:
(a) A description of the proposed activity:
(b) A description identifying the places where the proposed activity will be carried out and indicating the status of such places:
(c) A description of the potential effects of the proposed activity, and any actions which the applicant proposes to take to avoid, remedy, or mitigate any adverse effects:
(d) Details of the proposed type of concession for which the applicant is applying:
(e) A statement of the proposed duration of the concession and the reasons for the proposed duration:
(f) Relevant information relating to the applicant, including any information relevant to the applicant's ability to carry out the proposed activity.
(2) Where an applicant applies for—
(a) A lease; or
(b) A profit à prendre or a licence granting an interest in land; or
(c) An easement;—
the applicant, in addition to supplying the information required by subsection (1) of this section, shall supply reasons for the request and sufficient information to satisfy the Minister, in terms of section 17U of this Act, that it is both appropriate to grant the lease, profit à prendre, licence, or easement and lawful to grant it.
(3) The Minister may require an applicant for a concession to supply such further information as the Minister considers necessary to enable a decision to be made, including the preparation of an environmental impact assessment in the form set out in Schedule 4 to the Resource Management Act 1991 or in such other form as the Minister may require.
(4) The Minister may, at the expense of the applicant,—
(a) Commission a report or seek advice from any person (including the Director-General) on any matters raised in relation to the application, including a review of any information provided by the applicant:
(b) Obtain from any source any existing relevant information on the proposed activity or structure that is the subject of the application.
(5) Any information obtained by the Minister under subsection (4) of this section shall be supplied to the applicant who may comment on it within such time as may be specified by the Minister.
(6) An application is incomplete where the Minister—
(a) Has advised the applicant that the applicant has not supplied any specified information required by or under this section, which information has not been received by the Minister; or
(b) Has not received any report commissioned or advice sought under subsection (4) of this section; or
(c) Has supplied information to the applicant under subsection (5) of this section and the time limit specified under that subsection has not expired.
Part 3B (comprising sections 17O to 17ZJ) was inserted, as from 1 July 1996, by section 7(1) Conservation Amendment Act 1996 (1996 No 1). See section 7(2)-(4) and (6) of that Act, and section 47 of that Act as to the transitional provisions relating to existing leases.
(1) The Minister shall consider every complete application for a concession that is received by him or her.
(2) If the Minister is satisfied that the complete application does not comply with or is inconsistent with the provisions of this Act or any relevant conservation management strategy or conservation management plan, he or she shall, within 20 working days after receipt of the application, decline the application and inform the applicant that he or she has declined the application and the reasons for declining the application.
(3) Nothing in this Act or any other Act shall require the Minister to grant any concession if he or she considers that the grant of a concession is inappropriate in the circumstances of the particular application having regard to the matters set out in section 17U of this Act.
(4) Before granting any lease or licence in respect of a conservation area (other than by virtue of the exercise of a right of renewal of a lease or licence, or a right to a new lease or licence, that is contained in any lease or licence), the Minister shall give public notice of the intention to do so; and section 49 of this Act shall apply accordingly.
(5) Before granting any permit or easement in respect of a conservation area, the Minister may, if, having regard to the effects of the permit or easement, he or she considers it appropriate to give public notice of the intention to do so, give such notice; and section 49 of this Act shall apply accordingly.
Part 3B (comprising sections 17O to 17ZJ) was inserted, as from 1 July 1996, by section 7(1) Conservation Amendment Act 1996 (1996 No 1). See also section 7(2)-(4) and (6) of that Act, and section 47 of that Act as to the transitional provisions relating to existing leases.
(1) In considering any application for a concession, the Minister shall have regard to the following matters:
(a) The nature of the activity and the type of structure or facility (if any) proposed to be constructed:
(b) The effects of the activity, structure, or facility:
(c) Any measures that can reasonably and practicably be undertaken to avoid, remedy, or mitigate any adverse effects of the activity:
(e) Any relevant environmental impact assessment, including any audit or review:
(f) Any relevant oral or written submissions received as a result of any relevant public notice issued under section 49 of this Act:
(g) Any relevant information which may be withheld from any person in accordance with the Official Information Act 1982 or the Privacy Act 1993.
(2) The Minister may decline any application if the Minister considers that—
(a) The information available is insufficient or inadequate to enable him or her to assess the effects (including the effects of any proposed methods to avoid, remedy, or mitigate the adverse effects) of any activity, structure, or facility; or
(b) There are no adequate methods or no reasonable methods for remedying, avoiding, or mitigating the adverse effects of the activity, structure, or facility.
(3) The Minister shall not grant an application for a concession if the proposed activity is contrary to the provisions of this Act or the purposes for which the land concerned is held.
(4) The Minister shall not grant any application for a concession to build a structure or facility, or to extend or add to an existing structure or facility, where he or she is satisfied that the activity—
(a) Could reasonably be undertaken in another location that—
(i) Is outside the conservation area to which the application relates; or
(ii) Is in another conservation area or in another part of the conservation area to which the application relates, where the potential adverse effects would be significantly less; or
(b) Could reasonably use an existing structure or facility or the existing structure or facility without the addition.
(5) The Minister may grant a lease or a licence (other than a profit à prendre) granting an interest in land only if—
(a) The lease or licence relates to one or more fixed structures and facilities (which structures and facilities do not include any track or road except where the track or road is an integral part of a larger facility); and
(b) In any case where the application includes an area or areas around the structure or facility,—
(i) Either—
(A) It is necessary for the purposes of safety or security of the site, structure, or facility to include any area or areas (including any security fence) around the structure or facility; or
(B) It is necessary to include any clearly defined area or areas that are an integral part of the activity on the land; and
(ii) The grant of a lease or licence granting an interest in land is essential to enable the activity to be carried on.
(6) No lease may be granted unless the applicant satisfies the Minister that exclusive possession is necessary for—
(a) The protection of public safety; or
(b) The protection of the physical security of the activity concerned; or
(c) The competent operation of the activity concerned.
(7) For the purposes of subsection (6) of this section, the competent operation of an activity includes the necessity for the activity to achieve adequate investment and maintenance.
Part 3B (comprising sections 17O to 17ZJ) was inserted, as from 1 July 1996, by section 7(1) Conservation Amendment Act 1996 (1996 No 1). See also section 7(2)-(4) and (6) of that Act, and section 47 of that Act as to the transitional provisions relating to existing leases.
(1) Without limiting the power of the Minister to grant a concession over a conservation area that is a marginal strip, the Minister may decline to grant a concession in any case if he or she is satisfied that it is more appropriate in that case to enter into any agreement or arrangement under section 24H of this Act.
(2) No concession may authorise the owner of any land adjoining a marginal strip to use the marginal strip for farming purposes or forestry purposes or any purpose associated with or incidental to any farming or forestry carried out on the adjoining land; but nothing in the preceding provisions of this subsection limits or affects section 24H of this Act.
(3) The Minister shall not grant a lease (other than a lease that formalises an occupation of the land, where that occupation existed before the 10th day of April 1990) over a marginal strip unless he or she is satisfied that—
(a) The grant is permitted by this Part of this Act; and
(b) The activities authorised by the lease require the use of both the marginal strip and the adjacent water; and
(c) The land, structures, and facilities to which the lease relates are essential to the carrying out of such activities.
Part 3B (comprising sections 17O to 17ZJ) was inserted, as from 1 July 1996, by section 7(1) Conservation Amendment Act 1996 (1996 No 1). See also section 7(2)-(4) and (6) of that Act, and section 47 of that Act as to the transitional provisions relating to existing leases.
(1) Where a conservation management strategy or conservation management plan has been established for a conservation area and the strategy or plan provides for the issue of a concession, a concession shall not be granted in that case unless the concession and its granting is consistent with the strategy or plan.
(2) Where—
(a) There is no conservation management strategy or conservation management plan for a conservation area; or
(b) The relevant conservation management strategy or conservation management plan does not make any provision for the activity to which the application relates in a conservation area,—
the Minister, after complying with the provisions of sections 17S, 17T, and 17U of this Act, may grant a concession.
(3) The Minister may decline any application, whether or not it is in accordance with any relevant conservation management strategy or conservation management plan, if he or she considers that the effects of the activity are such that a review of the strategy or plan, or the preparation of a strategy or plan, is more appropriate.
(4) On declining an application under subsection (3) of this section, the Minister, if requested by the applicant to do so and after consultation with the relevant Conservation Board, may initiate a review of the strategy or plan pursuant to section 17H of this Act or the preparation of a strategy or plan under this Act.
(5) The Minister may require the applicant to pay all or part of the reasonable costs of such a review or the preparation of a strategy or plan.
(6) Subsection (4) of this section does not affect the power of the Director-General to initiate a review or an amendment to a strategy or plan under section 17H or section 17I of this Act.
(7) It shall be a condition of every concession document that the concessionaire must act in accordance with every relevant conservation management strategy and conservation management plan for the time being in force, including any amendments to the strategy or plan, whether the strategy or plan or amendment was approved before or on or after the date on which the concession became effective; and that condition shall be deemed to be included in every concession document.
(8) Any provision of a concession document that contravenes or allows expressly or by implication any action or default on the part of the concessionaire in contravention of the strategy or plan shall have no effect and any breach or contravention of the strategy or plan shall be deemed to be a breach or contravention of the concession and concession document.
Part 3B (comprising sections 17O to 17ZJ) was inserted, as from 1 July 1996, by section 7(1) Conservation Amendment Act 1996 (1996 No 1). See also section 7(2)-(4) and (6) of that Act, and section 47 of that Act as to the transitional provisions relating to existing leases.
In granting any concession, the Minister may impose such conditions as he or she considers appropriate for the activity, structure, or facility, including (but not limited to) conditions relating to or providing for—
(a) The activity itself, the carrying out of the activity, and the places where it may be carried out:
(b) The name and full address of every person or body to whom the concession is granted and who may carry out the activity:
(c) The payment of rent, fees, and royalties as provided in section 17Y of this Act:
(d) The payment of compensation for any adverse effects of the activity on the Crown's or public interest in the land concerned, unless such compensation has been provided for in the setting of rent:
(e) The provision by the concessionaire of bonds—
(i) To cover any costs incurred by the Minister in carrying out work that the concessionaire has failed to carry out and that was required by the concession document to be carried out; or
(ii) To mitigate any adverse effects arising from but not authorised by the concession or not reasonably foreseen at the time the concession was granted:
(f) The waiver or reduction of any rent, compensation, or bond where—
(i) The concessionaire makes any contribution to the management of the lands or the public interest in those lands; or
(ii) There is any other non-commercial public benefit from the activity; or
(iii) Any circumstances of the concession justify such waiver or reduction; or
(iv) The costs of setting and collecting the rent exceed any rent which may be collected:
(g) The restoration of the site and the removal of any structure or facility at the expense of the concessionaire or the vesting in the Crown of any structure or facility at the end of the term of the concession:
(h) Periodic reviews of the terms and conditions (including rents) of the concession:
(i) A covenant that on any transfer, sublease, sublicence, or assignment of a concession, the concessionaire shall remain liable throughout the term (including renewals) of the lease or licence or easement and shall procure from the transferee or sublessee or sublicensee or assignee a covenant to be bound by the conditions of the lease or licence or easement:
(j) The payment of any fees (including legal fees) in respect of the preparation of the concession document and its registration (where necessary), being fees payable in addition to any fees payable under sections 60A to 60D of this Act.
Part 3B (comprising sections 17O to 17ZJ) was inserted, as from 1 July 1996, by section 7(1) Conservation Amendment Act 1996 (1996 No 1). See also section 7(2)-(4) and (6) of that Act, and section 47 of that Act as to the transitional provisions relating to existing leases.
(1) It shall be a condition of the Minister's granting a concession under this Part of this Act that the person or body to whom the concession is granted—
(a) Shall pay any specified rents, fees, and royalties to the Minister; and
(b) Shall pay any other levy or charge made on an occupier or owner of land, as a result of the grant of a lease, licence, or easement, either to the Minister or as directed by the Minister.
(2) The rent, fee, or royalty may be fixed at the market value, having regard to—
(a) Any circumstances relating to the nature of the activity; and
(b) The effects of the activity on the purposes of the area affected; and
(c) Any contractual conditions, covenants, or other encumbrances placed upon intrinsic resources, natural resources, or historic resources by the concession.
(3) Rent, fees, and royalties for a concession shall be reviewed at intervals not exceeding 3 years.
Part 3B (comprising sections 17O to 17ZJ) was inserted, as from 1 July 1996, by section 7(1) Conservation Amendment Act 1996 (1996 No 1). See also section 7(2)-(4) and (6) of that Act, and section 47 of that Act as to the transitional provisions relating to existing leases.
(1) A lease or a licence may be granted for a term (which term shall include all renewals of the lease or licence) not exceeding 30 years or, where the Minister is satisfied that there are exceptional circumstances, for a term not exceeding 60 years.
(2) A permit may be granted for a term not exceeding 5 years but shall not be renewable.
(3) An easement may be granted for a term not exceeding 30 years, but—
(a) In exceptional circumstances, the Minister may grant a term not exceeding 60 years:
(b) Where the easement provides a right of way access to a property to which there is no other practical access, the term may be for such longer period as the Minister considers appropriate:
(c) Where the easement is for a public work (as defined in the Public Works Act 1981), the term may be for the reasonably foreseeable duration of that public work.
Part 3B (comprising sections 17O to 17ZJ) was inserted, as from 1 July 1996, by section 7(1) Conservation Amendment Act 1996 (1996 No 1). See also section 7(2)-(4) and (6) of that Act, and section 47 of that Act as to the transitional provisions relating to existing leases.
(1) For the purpose of granting any easement over any conservation area, the Minister is hereby deemed to be the registered proprietor of that conservation area.
(2) Notwithstanding anything in the Land Transfer Act 1952, where the instrument of easement under section 17Z of this Act is a deed and the easement is granted or reserved over land for which no certificate of title has been issued under that Act, the Minister may request the District Land Registrar to register the deed under that Act by constituting it a folium in the register book; and the District Land Registrar shall register the deed accordingly.
(3) Where the Minister has granted or reserved any easement over any conservation area that is subject to a lease or licence that is registered under the Land Transfer Act 1952, and the lessee or licensee or other person entitled for the time being to the custody of the lease or licence neglects or refuses to produce the outstanding copy to the appropriate District Land Registrar to permit registration of the easement, the Minister may, on being satisfied that the neglect or refusal is not justified, request the District Land Registrar to register the easement without production of the outstanding copy; and the District Land Registrar shall register the easement accordingly.
(4) Nothing in subsection (3) of this section affects or restricts the power of a District Land Registrar under sections 211 and 212 of the Land Transfer Act 1952 to require the production of the outstanding copy of a lease or licence.
Part 3B (comprising sections 17O to 17ZJ) was inserted, as from 1 July 1996, by section 7(1) Conservation Amendment Act 1996 (1996 No 1). See also section 7(2)-(4) and (6) of that Act, and section 47 of that Act as to the transitional provisions relating to existing leases.
(1) The Minister may, to assist himself or herself in verifying any rent, fees, or royalties, or amount of any compensation or bond, require any body or person who has been granted a concession under this Part of this Act in respect of any activity to provide a complete statement of audited financial accounts and any other relevant information for that part of the activity that is carried out under the concession on or in any conservation area.
(2) The accounts shall be forwarded to the Minister not later than 3 months after the end of the financial year in respect of which they are required.
(3) The contravention of or failure to comply with subsection (2) of this section shall be a breach of the concession.
Part 3B (comprising sections 17O to 17ZJ) was inserted, as from 1 July 1996, by section 7(1) Conservation Amendment Act 1996 (1996 No 1). See also section 7(2)-(4) and (6) of that Act, and section 47 of that Act as to the transitional provisions relating to existing leases.
(1) The Minister and the concessionaire may at any time, by agreement in writing and without any public notification, vary any conditions in the concession document where—
(a) The variation is of a minor and technical nature and does not materially increase the adverse effects of the activity or the term of the activity or materially change the location of the activity; or
(b) The variation will result in a reduction of the adverse effects or the duration of the activity.
(2) The concessionaire may at any time apply to the Minister for a variation or extension to the concession and such application shall be treated as if it were an application for a concession; and the provisions of sections 17S to 17ZB of this Act shall apply accordingly.
(3) The Minister, on request or on his or her own motion, may vary the conditions of a concession where—
(a) The variation is the result of a review provided for in the concession document; or
(b) The variation is necessary to deal with significant adverse effects of the activity that were not reasonably foreseeable at the time the concession was granted; or
(c) The variation is necessary because the information made available to the Minister by the concessionaire for the purposes of the concessionaire's application contained inaccuracies that materially influenced the decision to grant a concession and the effects of the activity permitted by the concession require more appropriate conditions;—
and the concessionaire shall be bound by every such variation.
(4) Subject to subsection (5) of this section, a memorandum of any variation or extension shall be executed by the Minister and by the concessionaire and, if it relates to a lease or licence or easement registered with the District Land Registrar, shall be registered with the District Land Registrar who shall enter an appropriate memorial on the register book copy of the lease or licence or easement and on the outstanding copy thereof.
(5) Notwithstanding anything to the contrary in section 66 of the Land Transfer Act 1952, a memorial of variation of any lease in respect of which a certificate of title has been issued under that section shall be entered on all relevant instruments and on that certificate of title, which shall have full validity, subject to that variation.
(6) If the interest of the concessionaire is at the time of registration of the memorandum of variation or extension subject to a mortgage, the memorandum shall not be binding on the mortgagee unless the mortgagee has consented to the variation or extension in writing in the memorandum.
Part 3B (comprising sections 17O to 17ZJ) was inserted, as from 1 July 1996, by section 7(1) Conservation Amendment Act 1996 (1996 No 1). See also section 7(2)-(4) and (6) of that Act, and section 47 of that Act as to the transitional provisions relating to existing leases.
(1) If any applicant for a concession who has been granted a concession fails to sign the applicant's concession document within 1 month after being required by written notice to do so, the Minister may cancel the grant of the concession to that person.
(2) A concession lapses on the expiry of 2 years after the date of commencement of the concession, or after the expiry of such longer period as the Minister may allow, unless the concession is exercised before the end of that period.
(3) Any money paid under the concession (including any money paid under any of sections 60A to 60D of this Act) shall, unless the Minister otherwise directs, be forfeit to the Minister.
(4) Any activity carried on by the concessionaire under a concession that has been cancelled under subsection (1) of this section or has lapsed under subsection (2) of this section shall be deemed to be an activity carried on without the authority of the Minister for the purposes of section 39 of this Act.
Part 3B (comprising sections 17O to 17ZJ) was inserted, as from 1 July 1996, by section 7(1) Conservation Amendment Act 1996 (1996 No 1). See also section 7(2)-(4) and (6) of that Act, and section 47 of that Act as to the transitional provisions relating to existing leases.
(1) Where a concession document includes a right to transfer, sublease, assign, mortgage, or otherwise dispose of the concessionaire's interest, the concessionaire shall not transfer, sublease, assign, mortgage, or otherwise dispose of the concessionaire's interest or any part thereof without the consent of the Minister.
(2) The Minister shall at all times have power in the public interest, and in his or her discretion, to refuse any application for consent whatever or to grant his or her consent subject to such conditions as he or she thinks fit.
(3) Unless the concession document otherwise provides, the provisions of sections 17P, 17S, 17T, 17U, 17W, 17X, 17ZB, and 17ZC of this Act apply to any application to transfer, sublease, assign, mortgage, or otherwise dispose of a concessionaire's interest in a concession or any part of a concession.
Part 3B (comprising sections 17O to 17ZJ) was inserted, as from 1 July 1996, by section 7(1) Conservation Amendment Act 1996 (1996 No 1). See also section 7(2)-(4) and (6) of that Act, and section 47 of that Act as to the transitional provisions relating to existing leases.
(1) No aircraft shall land or take off from any site within a conservation area that is not a certified aerodrome unless—
(a) There is an emergency arising from—
(i) Mechanical or structural or operational defects in the aircraft or its equipment; or
(ii) Weather conditions or other causes not under the control of the pilot in command; or
(b) The action is necessary to establish, construct, operate, maintain, repair, or replace a maritime navigational aid; or
(c) A concession has been obtained for the purpose from the Minister.
(2) Any concession document granted for such purpose by the Minister shall be in the possession of the operator and have been sighted by the pilot in command of the aircraft prior to landing or taking off.
(3) This section does not apply to any aircraft operated by the New Zealand Defence Force or the Civil Aviation Authority of New Zealand.
(4) Nothing in this section implies any responsibility by the Minister or liability for the safety of any aircraft or person aboard an aircraft while the aircraft is in the air or landing.
(5) For the purposes of this section, landing includes the hovering of any aircraft and the setting down or taking on of goods or persons from an aircraft.
Part 3B (comprising sections 17O to 17ZJ) was inserted, as from 1 July 1996, by section 7(1) Conservation Amendment Act 1996 (1996 No 1). See also section 7(2)-(4) and (6) of that Act, and section 47 of that Act as to the transitional provisions relating to existing leases.
(1) Subject to this Act, nothing in this Part of this Act shall affect or limit the proper exercise by the Minister or Director-General of any power to manage any land held or managed under this Act or any Act specified in Schedule 1 to this Act.
(2) Without limiting any power exercisable by the Minister, the Minister may—
(a) Tender the right to make an application, invite applications, or carry out other actions that may encourage specific applications:
(b) Include in any concession provisions for the concessionaire to carry on activities relating to the management of any conservation area on behalf of the Minister or at any time enter into any agreement providing for the concessionaire to carry out such activities.
Part 3B (comprising sections 17O to 17ZJ) was inserted, as from 1 July 1996, by section 7(1) Conservation Amendment Act 1996 (1996 No 1). See also section 7(2)-(4) and (6) of that Act, and section 47 of that Act as to the transitional provisions relating to existing leases.
Where any community service, benefit, or facility has been provided by the Minister or the Director-General, whether within or outside a conservation area, for the benefit of concessionaires either occupying any part of the conservation area or undertaking any activity within the area under any concession document—
(a) The Minister may, in accordance with this section and the relevant concession document, assess the amount of contribution to be paid to the Minister by the concessionaires towards the cost of providing and maintaining that service, benefit, or facility:
(b) The contribution assessed under paragraph (a) of this section in respect of the capital cost of providing any such service, benefit, or facility shall be apportioned by the Minister among those concessionaires in such manner as he or she thinks fit and shall be paid in one amount or over a period of years as the Minister may determine, and the Minister may in like manner apportion among those concessionaires an annual contribution to be paid by them to the Minister to meet the cost of maintaining any such service, benefit, or facility:
(c) The amount apportioned by the Minister to be paid by any concessionaire shall be due and payable to and recoverable by the Minister on the expiration of 3 months after the service of a demand made on the concessionaire by the Minister or the Director-General:
(d) If the amount so apportioned is not paid by the due date, interest shall be payable by the concessionaire from the due date until payment in full at such rate as is from time to time fixed by the Minister:
(e) Where any amount so apportioned is not paid in full by the due date, the concessionaire shall be deemed to have committed a breach of his or her or its concession:
(f) The Minister may exempt any concessionaire from payment of the whole or any part of any amount apportioned by the Minister or the Director-General under the foregoing provisions of this section, or may grant such relief to the concessionaire as he or she considers appropriate in the circumstances.
Compare: 1980 No 66 s 53
Part 3B (comprising sections 17O to 17ZJ) was inserted, as from 1 July 1996, by section 7(1) Conservation Amendment Act 1996 (1996 No 1). See also section 7(2)-(4) and (6) of that Act, and section 47 of that Act as to the transitional provisions relating to existing leases.
The Director-General shall keep reasonably available for public inspection during usual business hours at such office or offices in the locality where the relevant concession applies, as may be specified by the Director-General,—
(a) Records of each application for a concession received by the Minister; and
(b) Details of any public notification of the application; and
(c) The decision made on the application.
Part 3B (comprising sections 17O to 17ZJ) was inserted, as from 1 July 1996, by section 7(1) Conservation Amendment Act 1996 (1996 No 1). See also section 7(2)-(4) and (6) of that Act, and section 47 of that Act as to the transitional provisions relating to existing leases.
Without limiting any other provision in this Part of this Act, upon application by an applicant for a concession,—
(a) Where the Minister has declined to grant a concession to the applicant, the Minister may reconsider that decision:
(b) Where the Minister has decided to grant a concession to the applicant, the Minister may reconsider any decision made by the Minister in relation to the proposed concession if the application under this section is made before a concession document is executed.
Part 3B (comprising sections 17O to 17ZJ) was inserted, as from 1 July 1996, by section 7(1) Conservation Amendment Act 1996 (1996 No 1). See also section 7(2)-(4) and (6) of that Act, and section 47 of that Act as to the transitional provisions relating to existing leases.
(1) Subject to subsections (2) to (4) of this section, the Minister may, by notice in the Gazette describing the land concerned, declare any land or interest in land, held under this Act for conservation purposes to be held for the purpose of a conservation park, an ecological area, a sanctuary area, a wilderness area, for any other specified purpose or purposes, or for 2 or more of those purposes; and, subject to this Act, it shall thereafter so be held.
(2) The Minister shall give public notice of intention to give a notice under subsection (1) of this section; and section 49 of this Act shall apply accordingly.
(3) Every notice under subsection (1) of this section shall specify a name for the area concerned; and it shall thereafter be known by the name.
(4) Where any land or interest is declared to be held for the purpose of an ecological area under subsection (1) of this section, the notice concerned shall specify the particular scientific value for which it is held.
(5) Every area held under this Act for one or more of the purposes described in subsection (1) of this section shall be managed in a manner consistent with the purpose or purposes concerned.
(6) Nothing in sections 19 to 24 of this Act limits the generality of subsection (5) of this section.
(1) Every conservation park shall so be managed—
(a) That its natural and historic resources are protected; and
(b) Subject to paragraph (a) of this subsection, to facilitate public recreation and enjoyment.
(2) Where a committee is constituted by or under regulations made under subsection (3) of this section in respect of any conservation park, it may advise the Minister on the area's management.
(3) The Governor-General may from time to time, by Order in Council, make regulations constituting, or providing for the constitution, appointment, or election, of a committee to advise the Minister on the management of any conservation park or parks, and defining its functions.
(4) Regulations under subsection (3) of this section may be so made as to apply to—
(a) All conservation parks, parks of any class or description, or to any specified conservation park or parks:
(b) All committees constituted by or under regulations made under subsection (3) of this section, or to any such committee or committees.
(1) Subject to subsections (2) to (4) of this section, the following provisions apply to every wilderness area:
(a) Its indigenous natural resources shall be preserved:
(b) No building or machinery shall be erected on it:
(c) No building, machinery, or apparatus shall be constructed or maintained on it:
(d) No livestock, vehicles, or motorised vessels (including hovercraft and jet boats) shall be allowed to be taken into or used in it 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 it:
(e) No roads, tracks, or trails shall be constructed on it.
(2) If—
(a) The doing of anything on a wilderness area is in conformity with the conservation management strategy or conservation management plan for the area; and
(b) The Minister is satisfied that its doing is desirable or necessary for the preservation of the area's indigenous natural resources,—
the Minister may authorise it.
(3) 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.
(4) Nothing in subsection (1) of this section prevents the doing of any thing for any person's protection, or because of some emergency involving any person's property.
Subsection (1)(d) was substituted, as from 25 November 1994, by section 8(1) Conservation Amendment Act 1994 (1994 No 108).
Subsection (2)(a) was amended, as from 10 April 1990, by section 14 Conservation Law Reform Act 1990 (1990 No 31) by substituting the words “the conservation management strategy or conservation management plan for the area”
for the words “the area's management plan”
.
Subsection (3) was substituted, as from 25 November 1994, by section 8(2) Conservation Amendment Act 1994 (1994 No 108).
Every ecological area shall so be managed as to protect the value for which it is held.
Every sanctuary area shall be managed to preserve in their natural state the indigenous plants and animals in it, and for scientific and other similar purposes.
(1) Subject to subsections (2) and (3) of this section, if satisfied that any land that is—
(a) Land held under this Act for conservation purposes; or
(b) A reserve classified pursuant to section 16 of the Reserves Act 1977; or
(c) Held under section 21(2)(a) of the Queen Elizabeth the Second National Trust Act 1977; or
(d) Subject to an agreement under section 76 or section 77 of the Reserves Act 1977, section 22 of the Queen Elizabeth the Second National Trust Act 1977, or section 52 of the Historic Places Act 1980,—
adjoins any river, lake, or stream, for which a water conservation order has been made under the Resource Management Act 1991, or that is otherwise protected, and has, when considered with the river, lake, or stream, outstanding wild, scenic, or other natural or recreational characteristics, the Minister may, by notice in the Gazette, declare it to be held for the purpose of a watercourse area; and, subject to this Act, it shall thereafter be so held.
(2) No land to which paragraph (c) of subsection (1) of this section applies shall be declared to be held for the purpose of a watercourse area under that subsection without the consent of the Queen Elizabeth the Second National Trust.
(3) No land to which paragraph (d) of subsection (1) of this section applies shall be declared to be held for the purpose of a watercourse area under that subsection without the consent of its owner.
(4) A watercourse area that was a reserve immediately before it became such an area does not thereby cease to be a reserve.
(5) Subject to any water conservation order or other protective status that applies to it, every watercourse area shall so be managed—
(a) As to protect the wild, scenic, and other natural or recreational characteristics that it has when considered with the river, lake, or stream, concerned; and
(b) That its administration and management are, so far as is practicable, co-ordinated with the administration and management of other watercourse areas.
(6) The Minister may, after giving public notice of intention to do so, by notice in the Gazette, declare that all or any part of any watercourse area is no longer held for the purpose of a watercourse area.
Subsection (1)(d) was amended, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69) by substituting the words “under the Resource Management Act 1991”
for the words “pursuant to the Water and Soil Conservation Act 1967”
.
Every amenity area shall be so managed—
(a) That its indigenous natural resources and its historic resources are protected; and
(b) Subject to paragraph (a) of this section, to contribute to and facilitate people's appreciation of its indigenous natural resources and its historic resources; and
Sections 23A and 23B were inserted, as from 13 March 1996, by section 8 Conservation Amendment Act 1996 (1996 No 1).
(1) Every wildlife management area shall be so managed—
(a) That its wildlife and wildlife habitat values (including the capacity for the movement of wildlife, genetic material of indigenous plants, and genetic material of wildlife) are protected; and
(b) That its indigenous natural resources and its historic resources are protected.
(2) For the purposes of this section, the term wildlife means any native animal.
Sections 23A and 23B were inserted, as from 13 March 1996, by section 8 Conservation Amendment Act 1996 (1996 No 1).
Section 24, previously in Part 4 of this Act, was repealed, as from 10 April 1991, and a new Part 4A, comprising sections 24 and 24A to 24J, was inserted, as from 10 April 1991, by section 15 Conservation Law Reform Act 1990 (1990 No 31).
(1) There shall be deemed to be reserved from the sale or other disposition of any land by the Crown a strip of land 20 metres wide extending along and abutting the landward margin of—
(a) Any foreshore; or
(b) The normal level of the bed of any lake not subject to control by artificial means; or
(c) The bed of any river or any stream (not being a canal under the control of a State enterprise within the meaning of section 2 of the State-Owned Enterprises Act 1986 and used by the State enterprise for, or as part of any scheme for, the generation of electricity), being a bed that has an average width of 3 metres or more.
(2) There shall be deemed to be reserved from the sale or other disposition by the Crown of any land extending along and abutting the landward margin of any lake controlled by artificial means a strip of land that—
(a) Is 20 metres wide; or
(b) Has a width extending from the maximum operating water level to the maximum flood level of the lake,—
whichever is the greater.
(2A) Where the Crown proposes to sell or otherwise dispose of any land, the responsible department of State or agency shall notify the Director-General of the proposal; and the sale or other disposition shall have no effect unless and until that requirement is complied with.
(3) Every strip of land of any width that, immediately before the commencement of this section, was reserved from sale or other disposition on any Crown land by or under this Act or any other Act, whether or not the strip was reserved for any specified purpose, shall be deemed to be reserved to the Crown as marginal strip of the same width.
(4) Nothing in this section shall affect any right, title, or interest any person may have in respect of any assets or improvements lawfully existing on any marginal strip at the commencement of this section.
(5) Nothing in this section shall limit or affect section 230 of the Resource Management Act 1991.
(6) Every disposition of any land by the Crown to a State enterprise pursuant to the State-Owned Enterprises Act 1986, on or after the commencement of this section (whether the agreement to dispose of that land was entered into before that date or is entered into after that date), shall be deemed to be a disposition of land for the purposes of this section.
(7) Notwithstanding subsection (6) of this section, where the freehold of any land subject to a lease or licence under the Land Act 1948 is transferred by the Crown to Landcorp Farming Limited, the reservation of any marginal strip on any part of the land to which the lease or licence relates shall not have effect until either the lease or licence is renewed or the freehold of the area to which the lease or licence relates is transferred to the lessee or licensee, whichever first occurs.
(7A) Every disposition of land by the Crown to a Crown Research Institute pursuant to the Crown Research Institutes Act 1992 shall be deemed to be a disposition of land for the purposes of this section.
(7B) Nothing in this section applies to the vesting or proposed vesting of any reserve under section 26 of the Reserves Act 1977.
(7C) Nothing in this section applies to the vesting of a right, title, or interest in reclaimed land under section 355 of the Resource Management Act 1991.
(8) Except as otherwise expressly provided, this section shall apply to the disposition of any land by the Crown under the provisions of any enactment.
(9) For the purposes of this section, a disposition by the Crown in relation to any land, includes—
(a) The grant of a Crown forestry licence under the Crown Forest Assets Act 1989:
(b) The grant or renewal of a lease or licence under the Land Act 1948:
(c) The vesting, pursuant to the New Zealand Railways Corporation Restructuring Act 1990, of any land held by the Crown or the New Zealand Railways Corporation in a Crown transferee company within the meaning of section 2 of that Act:
(d) The grant or renewal of a lease or licence of any land pursuant to section 12 of the New Zealand Railways Corporation Restructuring Act 1990:
(e) The sale or other disposition of land held by the New Zealand Railways Corporation to a Crown transferee company within the meaning of section 2 of the New Zealand Railways Corporation Restructuring Act 1990 or to any other person.
Section 24 was substituted, as from 10 April 1990, and sections 24A to 24J inserted, as from 10 April 1991, by section 15 Conservation Law Reform Act 1990 (1990 No 31).
Subsection (1)(c) was amended, as 14 May 1999, by section 100 Electricity Industry Reform Act 1998 (1998 No 88) by substituting the words “(not being a canal under the control of a State enterprise within the meaning of section 2 of the State-Owned Enterprises Act 1986 and used by the State enterprise for, or as part of any scheme for, the generation of electricity)”
for the words “(not being a canal under the control of the Electricity Corporation of New Zealand Limited used by the Corporation for, or as part of any scheme for, the generation of electricity)”
. See clause 2 Electricity Industry Reform Act (Commencement of Section 100) Order 1999 (SR 1999/115).
Subsection (2A) was inserted, as from 13 March 1996, by section 9(1) Conservation Amendment Act 1996 (1996 No 1).
Subsection (5) was substituted, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).
Subsection (7) was amended, as from 13 March 1996, by section 9(2) Conservation Amendment Act 1996 (1996 No 1) by omitting the words “of New Zealand”
.
Subsection (7) was amended, as from 12 April 2001, by clause 4 State-Owned Enterprises (Landcorp Farming Limited) Order 2001 (SR 2001/23) by substituting the words “Landcorp Farming Limited”
for the words “Land Corporation Limited”
.
Subsection (7A) was inserted, as from 1 July 1992, by section 46(1) Crown Research Institutes Act 1992 (1992 No 47).
Subsection (7B) was inserted, as from 13 March 1996, by section 9(3) Conservation Amendment Act 1996 (1996 No 1).
Subsection (7C) was inserted, as from 25 November 2004, by section 103(1) Foreshore and Seabed Act 2004 (2004 No 93). See also section 103(2) and 103(3) of that Act as to the effective commencement of this amendment.
Subsection (9) was substituted, as from 28 August 1990, by section 2 Conservation Amendment Act 1990 (1990 No 106).
(1) Notwithstanding section 24 of this Act, in the case of a marginal strip extending along and abutting the landward margin of the sea or a lake, the Minister may, at any time before the disposition by the Crown of the land adjoining the marginal strip, approve the reduction of the width of the strip to not less than 3 metres if he or she is satisfied that its value in terms of the purposes specified in section 24C of this Act will not be diminished.
(2) Notwithstanding section 24 of this Act, in the case of land extending along and abutting the bed of a river or stream where—
(a) The bed is not less than 3 metres in width; and
(b) The land (including the marginal strip) contains not more than 2 hectares,—
the Minister may, at any time before the disposition by the Crown of the land, approve the reduction of the width of the strip to not less than 3 metres if he or she is satisfied that its value in terms of the purposes specified in section 24C of this Act will not be diminished.
Part 5A, comprising sections 24 to 24J, was inserted, as from 10 April 1990, by section 15 Conservation Law Reform Act 1990 (1990 No 31).
Subsection (1) was amended, as from 13 March 1996, by section 10(1) Conservation Amendment Act 1996 (1996 No 1) by inserting the words “, at any time before the disposition by the Crown of the land adjoining the marginal strip,”
.
Subsection (2) was inserted, as from 13 March 1996, by section 10(2) Conservation Amendment Act 1996 (1996 No 1).
(1) Where the Crown proposes to sell or otherwise dispose of any land, the proposal shall be subject to the succeeding provisions of this section.
(2) During the period of 20 working days commencing on the day after the date of the receipt of a notification under section 24(2A) of this Act in respect of the proposal,—
(a) The sale or other disposition shall not proceed; and
(b) The Director-General shall notify the responsible department or agency whether or not he or she intends to investigate the proposal to ascertain whether or not it is appropriate to increase the width of any marginal strip that would be reserved from the sale or other disposition.
(3) If the Director-General fails to notify the responsible department or agency in accordance with subsection (2)(b) of this section, the department or agency may proceed with the sale or other disposition after the expiration of the period specified in that subsection and section 24 of this Act shall apply accordingly.
(4) If the Director-General notifies the responsible department or agency in accordance with subsection (2)(b) of this section that he or she intends to investigate the proposal,—
(a) The prohibition contained in subsection (2)(a) of this section shall be deemed to be extended by a further 20 working days; and
(b) During that further period of 20 working days, the Minister shall advise the responsible department or agency whether or not he or she requires the reservation of a marginal strip having a width exceeding 20 metres, and, where the Minister requires the reservation of such a marginal strip, he or she shall also specify the width of the marginal strip to be reserved.
(5) In considering whether to require the reservation of any marginal strip having a width exceeding 20 metres, the Minister shall have regard to whether increasing the width of the marginal strip is necessary—
(a) To provide effective access along the strip; and
(b) To maintain the value of the strip in terms of the purposes specified in section 24C of this Act.
(6) Where the reservation of any marginal strip under section 24(1) of this Act creates a residual area of land that is of such size or shape that it has little or no potential use either alone or in conjunction with the remainder of the land being sold or disposed of, that residual area of land may be added to the marginal strip by agreement between the responsible department or agency, and the Minister.
(7) Where the disposition takes the form of the renewal of a lease or licence under the Land Act 1948 that is referred to in section 24(7) of this Act, the lessee or licensee is entitled to a reduction in rent or fees or royalties for any injurious affection to the lessee or licensee caused by any reservation of a marginal strip having a width exceeding 20 metres.
(8) Any reduction in rent or fees or royalties payable under this section shall be assessed by the Minister responsible for the administration of the land.
(9) A lessee or licensee shall not be entitled to a reduction in rent or fees or royalties by reason only of any increase in the width of any marginal strip.
(10) The costs of and incidental to the investigation and assessment of increasing the width of any marginal strip shall be paid by the Director-General.
(11) The Minister may require that the whole or any part of a marginal strip be of a width exceeding 20 metres.
Part 5A, comprising sections 24 to 24J, was inserted, as from 10 April 1990, by section 15 Conservation Law Reform Act 1990 (1990 No 31).
Section 24AA was inserted, as from 13 March 1996, by section 11 Conservation Amendment Act 1996 (1996 No 1).
(1) Subject to subsection (2) of this section, the Minister may at any time before the disposition by the Crown of any land extending along and abutting the bed of any river or stream (being a bed of not less than 3 metres in width), by notice in the Gazette, declare that section 24 of this Act shall not apply to the proposed disposition.
(2) The Minister may make a declaration under subsection (1) of this section only if satisfied—
(a) That the land has little or no value in terms of the purposes specified in section 24C of this Act; or
(b) That any value the land has in those terms can be protected effectively by another means.
(3) Notwithstanding subsection (2) of this section, where the Minister proposes to grant an exemption under this section in respect of the renewal of a lease or licence under the Land Act 1948 but is precluded from doing so by that subsection, the Minister may grant the exemption if satisfied that the proposal is equitable and in the public interest.
(4) The Minister may, by notice in the Gazette, declare that section 24 of this Act shall not apply to any proposed disposition of—
(a) Land that is part of the core assets of a State enterprise within the meaning of section 2 of the State-Owned Enterprises Act 1986 that is a generator of electricity; or
(b) Land that is required in connection with electricity works.
(5) A notice under subsection (4)(a) of this section shall have effect only so long as the core assets concerned remain assets of the State enterprise.
(6) For the purposes of subsection (4)(a) of this section, the term core assets means—
(a) Any aqueduct, bridge, boom anchor, canal, control gate, dam, flume, headrace, penstock, power station, screen, spillway, switching gear, surge chamber, tailrace, transmission tower, tunnel, or weir, used by a State enterprise within the meaning of the State-Owned Enterprises Act 1986 for or in connection with the generation, transmission, or supply of electricity; or
(b) Any similar structure or device so used.
(7) Nothing in section 24 of this Act shall apply to any disposition in respect of which a notice is given under this section.
Part 5A, comprising sections 24 to 24J, was inserted, as from 10 April 1990, by section 15 Conservation Law Reform Act 1990 (1990 No 31).
Subsection (4)(a) was amended, as from 14 May 1999, by section 100 Electricity Industry Reform Act 1998 (1998 No 88) by substituting the words “a State enterprise within the meaning of section 2 of the State-Owned Enterprises Act 1986 that is a generator of electricity”
for the words “the Electricity Corporation of New Zealand Limited”
. See clause 2 Electricity Industry Reform Act (Commencement of Section 100) Order 1999 (SR 1999/115).
Subsection (5) was amended, as from 14 May 1999, by section 100 Electricity Industry Reform Act 1998 (1998 No 88) by substituting the words “State enterprise”
for the word “Corporation”
. See clause 2 Electricity Industry Reform Act (Commencement of Section 100) Order 1999 (SR 1999/115).
Subsection (6)(a) was amended, as from 14 May 1999, by section 100 Electricity Industry Reform Act 1998 (1998 No 88) by substituting the words “used by a State enterprise within the meaning of the State-Owned Enterprises Act 1986 for or in connection with the generation, transmission, or supply of electricity”
for the words “used by the Electricity Corporation of New Zealand Limited for or in connection with the generation, transmission, or supply of electricity”
. See clause 2 Electricity Industry Reform Act (Commencement of Section 100) Order 1999 (SR 1999/115).
(1) Where the Minister receives an application under section 24A (which relates to the reduction of the width of marginal strips) or section 24B (which relates to exemptions) of this Act, the Minister shall consult the relevant Conservation Board and Fish and Game Council.
(2) On being satisfied that it is reasonable in the circumstances to do so, the relevant Conservation Board or Fish and Game Council may request the Minister to publicly notify the proposal.
(3) On receipt of a request under subsection (2) of this section that the Minister considers reasonable in the circumstances, the Minister may publicly notify the proposal and section 49(1) of this Act shall apply accordingly; but the Minister is not obliged to publicly notify the proposal.
(4) In considering whether or not it is reasonable in the circumstances to publicly notify an application, the Conservation Board or Fish and Game Council or the Minister, as the case may be, shall have regard to—
(a) The purposes specified in section 24C of this Act; and
(b) The interests of the public in marginal strips; and
(c) The potential costs of notification (including the costs of public notification) that are likely to be incurred by the seller and the purchaser of the land.
(5) The responsible department or agency disposing of the land shall pay to the Minister all the costs of and incidental to the public notification of the proposal in accordance with section 49 of this Act.
Part 5A, comprising sections 24 to 24J, was inserted, as from 10 April 1990, by section 15 Conservation Law Reform Act 1990 (1990 No 31).
Section 24BA was inserted, as from 13 March 1996, by section 12 Conservation Amendment Act 1996 (1996 No 1).
Subject to this Act and any other Act, all marginal strips shall be held under this Act—
(a) For conservation purposes, in particular—
(i) The maintenance of adjacent watercourses or bodies of water; and
(ii) The maintenance of water quality; and
(iii) The maintenance of aquatic life and the control of harmful species of aquatic life; and
(iv) The protection of the marginal strips and their natural values; and
(b) To enable public access to any adjacent watercourses or bodies of water; and
(c) For public recreational use of the marginal strips and adjacent watercourses or bodies of water.
Part 5A, comprising sections 24 to 24J, was inserted, as from 10 April 1990, by section 15 Conservation Law Reform Act 1990 (1990 No 31).
(1) Upon the registration of any disposition by the Crown of any land under the Land Transfer Act 1952, the District Land Registrar of the land registration district affected shall, without fee, record on the certificate of title for that land a statement to the effect that the land to which the certificate of title relates is subject to this Part of this Act.
(1A) Upon being notified of any reduction in the width of any marginal strip under section 24A or any increase in the width of any marginal strip under section 24AA or any exemption under section 24B of this Act, where there is a certificate of title for the land under the Land Transfer Act 1952, the District Land Registrar shall, without fee, record the reduction or increase or exemption on the certificate of title.
(2) Upon being notified of any disposition by the Crown of any land not registered under the Land Transfer Act 1952, the Chief Surveyor shall, without fee, record on the proper plans and records of the land registration district affected a statement to the effect that the land so transferred is subject to this Part of this Act.
(2A) Upon being notified of any reduction in the width of any marginal strip under section 24A or any increase in the width of any marginal strip under section 24AA or any exemption under section 24B of this Act, where the land is not registered under the Land Transfer Act 1952, the Chief Surveyor shall, without fee, record the reduction or increase or exemption on the proper plans and records.
(3) The Chief Surveyor shall, without fee, in the manner the Chief Surveyor considers most appropriate, cause the proper plans of every land registration district to show the marginal strips (including details of the reduction in the width of any marginal strip under section 24A or the increase in the width of any marginal strip under section 24AA of this Act) within that district.
(4) All land that is subject to this Part of this Act shall remain subject to this Part and the statements specified in subsections (1) and (2) of this section shall continue to be recorded on the certificates of title for that land and on all subsequent certificates of title for that land and on all the proper plans and records of the land registration district affected, as the case may be, notwithstanding—
(a) Any subsequent subdivision of that land; or
(b) Any subsequent transfer by sale or otherwise of that land.
(5) Every statement recorded on a certificate of title in compliance with subsection (1) of this section shall be deemed to sufficiently protect any reservation made by this Part of this Act in respect of any portion of the land comprised in that certificate of title, and no certificate of title shall be impeached on the ground of uncertainty or otherwise on account of any such reservation.
(6) The land comprised in any certificate of title that bears a statement recorded in compliance with subsection (1) of this section—
(a) Shall be deemed to be all the land described in that certificate of title, with the exception of any portion that is deemed to be reserved as marginal strip under this Part of this Act; and
(b) May be defined for the purposes of the issue of a certificate of title as if this Part of this Act had not been passed.
(7) Notwithstanding anything in the Land Transfer Act 1952, land reserved as marginal strip under section 24 of this Act shall not be required to be surveyed for the purposes of that Act.
Part 5A, comprising sections 24 to 24J, was inserted, as from 10 April 1990, by section 15 Conservation Law Reform Act 1990 (1990 No 31).
Subsection (1A) was inserted, as from 13 March 1996, by section 13(1) Conservation Amendment Act 1996 (1996 No 1).
Subsection (2A) was inserted, as from 13 March 1996, by section 13(2) Conservation Amendment Act 1996 (1996 No 1).
Subsection (3) was amended, as from 13 March 1996, by section 13(3) Conservation Amendment Act 1996 (1996 No 1) by inserting the words “(including details of the reduction in the width of any marginal strip under section 24A or the increase in the width of any marginal strip under section 24AA of this Act)”
.
(1) The Minister may, by notice in the Gazette, authorise the exchange of any marginal strip for another strip of land.
(2) The Minister shall not authorise the exchange of any marginal strip unless the Minister is satisfied that the exchange will better achieve the purposes specified in section 24C of this Act.
(3) The land taken by the Crown in exchange for any marginal strip shall be deemed to be reserved as marginal strip.
(4) The Minister may authorise the payment or receipt by the Crown of money by way of equality of exchange in any case under this section; and all money so received shall be paid into the Department of Conservation Grants and Gifts Trust Account, and shall be applied, without further appropriation than this section, for the purposes of this Act.
(5) The Minister or the Director-General may, on behalf of the Crown, do all such things as may be necessary to effect any exchange authorised under this section.
(6) District Land Registrars are hereby authorised and directed to make such entries in registers and do all such other things as may be necessary to give effect to exchanges authorised under this section.
Part 5A, comprising sections 24 to 24J, was inserted, as from 10 April 1990, by section 15 Conservation Law Reform Act 1990 (1990 No 31).
Notwithstanding any other enactment or rule of law, where the Crown owns part of the bed of a non-navigable river or stream adjoining any land (being a bed of not less than 3 metres in width) and disposes of that land, that part of the bed of that river or stream shall remain owned by the Crown.
Part 5A, comprising sections 24 to 24J, was inserted, as from 10 April 1990, by section 15 Conservation Law Reform Act 1990 (1990 No 31).
(1) Where, for any reason, the shape of any foreshore or of the margin of any lake or reservoir or of any bay or inlet of any lake or reservoir is altered and the alteration affects an existing marginal strip, a new marginal strip shall be deemed to have been reserved simultaneously with each and every such alteration.
(2) Where, for any reason, the course of any river or stream is altered and the alteration affects an existing marginal strip, a new marginal strip shall be deemed to have been reserved simultaneously with each and every such alteration.
(3) With respect to any foreshore, to any lake or reservoir and to any bay or inlet of any lake or reservoir, and to any river or stream, a marginal strip shall be reserved by subsection (1) or subsection (2) of this section on all land of the Crown, and on all land the title to which is subject to this Part of this Act, and on no other land.
(4) Every marginal strip reserved by subsection (1) or subsection (2) of this section shall be of such dimensions and be situated as if the marginal strip had been reserved under section 24 of this Act, and shall extinguish either in whole or in part, as the case may require, the existing reservation of the existing marginal strip which would have continued but for the alterations referred to in those subsections.
(5) Nothing in this section shall affect any right, title, or interest any person may have in respect of any assets or improvements existing on any marginal strip at the time such marginal strip is reserved by subsection (1) or subsection (2) of this section.
(6) Subject to this section, the provisions of this Act shall apply to every marginal strip reserved by subsection (1) or subsection (2) of this section as if such marginal strip had been reserved by section 24 of this Act.
(7) Nothing in this section shall apply to any marginal strip reserved by section 24(3) of this Act.
Part 5A, comprising sections 24 to 24J, was inserted, as from 10 April 1990, by section 15 Conservation Law Reform Act 1990 (1990 No 31).
(1) The Minister may from time to time appoint suitable persons to be managers of marginal strips.
(2) Subject to subsection (6)(c) of this section, the Minister may appoint one of the following persons to be the manager of any marginal strip:
(a) The owner for the time being of the land adjoining that strip:
(b) Some other suitable person, if the Minister considers that person to be more suitable than the adjoining owner.
(3) The Crown shall manage all marginal strips around controlled lakes and reservoirs; but any costs relating to any such strip that are costs arising out of electricity generation in the area of the strip shall be payable by the person or body responsible for that electricity generation.
(4) Subject to this section, the manager of a marginal strip shall—
(a) Manage the strip in a way that best serves the purposes specified in section 24C of this Act; and
(b) Enable members of the public to have access along the strip.
(5) Subject to this section, the manager of a marginal strip may make improvements to the strip, and the improvements may include such planting or harvesting of crops or trees as may be provided for in any Crown forestry licence under the Crown Forest Assets Act 1989 affecting or relating to the strip or in any agreement between the manager and the Crown.
(6) In the case of the holder of a Crown forestry licence under the Crown Forest Assets Act 1989, the following provisions shall also apply:
(a) The licence holder may manage and harvest exotic plantation trees existing at the time of the grant of the licence on any marginal strip adjoining the land to which the licence relates:
(b) The licence holder may carry out one replanting of such trees on the strip:
(c) The Minister may appoint either the licence holder or the Director-General to be manager of the strip, but shall not appoint any other person to be the manager.
(7) The manager of a marginal strip may request the Minister to close temporarily the strip under section 13 of this Act where any operation proposed on the strip will significantly affect public safety or where fire hazard conditions exist.
(8) The manager of a marginal strip shall comply with any reasonable requirements or restrictions imposed in respect of the strip by the Minister by notice in writing to the manager; and the Minister shall impose such requirements or restrictions, or both, as the Minister considers reasonably necessary or expedient to protect the strip, having particular regard to the maintenance of riparian vegetation, wildlife, water quality, the health of aquatic life, and to maintain access to and the recreational use of the strip.
(9) The Minister shall not require the manager of any marginal strip to fence off any part of that strip, or to undertake any other works on or relating to that strip, unless the expenses associated with such fencing or other works are borne by the Crown.
(10) The Minister shall consult the appropriate manager where—
(a) An application for a licence to mine in a marginal strip is being considered; or
(b) Any complaint relating to a marginal strip is being investigated; or
(c) Any requirement or restriction under subsection (8) of this section is being proposed.
(11) The manager of a marginal strip shall obtain the written consent of the Minister before making any significant change to the management regime of the strip, and before making or erecting any significant improvements to or on the strip.
(12) Subject to subsection (9) of this section, any expense incurred by a manager under this section shall be borne by the manager.
(13) Every manager of a marginal strip commits an offence who—
(a) Knowingly damages the marginal strip or causes to be damaged the strip or any part of it; or
(b) Knowingly uses the marginal strip for any purpose contrary to any provision of or to any requirement imposed under this Part of this Act.
Part 5A, comprising sections 24 to 24J, was inserted, as from 10 April 1990, by section 15 Conservation Law Reform Act 1990 (1990 No 31).
(1) On giving 90 days notice in writing to the manager of a marginal strip or such longer period not exceeding 6 months as may be provided for in any agreement between the manager and the Crown, the Minister, on behalf of the Crown, may resume the management of the strip.
(2) Subject to subsection (3) of this section, where the Crown resumes the management of a marginal strip, it shall be liable to pay to the manager of the strip—
(a) Compensation for any improvements made to the strip by the manager; and
(b) The manager's reasonable administration costs associated with the Crown's resumption of the strip.
(3) A manager shall have no right to be compensated for improvements made to or erected on the marginal strip without the prior consent of the Minister as required by section 24H(11) of this Act.
(4) If there is any dispute or difference between the manager of any marginal strip and the Crown as to any amount the Crown is liable to pay under subsection (2) of this section, the amount shall be fixed by arbitration in accordance with the Arbitration Act 1996.
(5) For the purposes of any such arbitration, this section shall be deemed to be a submission to arbitration within the meaning of the Arbitration Act 1996, and the reference shall be deemed to be to 2 arbitrators, one to be appointed by the Minister, and the other by the manager.
(6) Notwithstanding subsection (4) of this section, the parties may agree on the amount to be paid under subsection (2) of this section, either before or after the matter is submitted to arbitration, and, if the agreement is made after the date of any award of arbitration, the award shall be deemed to be cancelled.
Part 5A, comprising sections 24 to 24J, was inserted, as from 10 April 1990, by section 15 Conservation Law Reform Act 1990 (1990 No 31).
The “Arbitration Act 1996”
referred to in subsections (4) and (5) repealed, as from 1 July 1997, the “Arbitration Act 1908”
.
(1) In this section and in section 24L of this Act—
Crown transferee company has the same meaning as in section 2 of the New Zealand Railways Corporation Restructuring Act 1990
Railway operator has the same meaning as in section 2 of the New Zealand Railways Corporation Restructuring Act 1990.
(2) The provisions of section 24D of this Act shall apply in relation to a disposition of land of the kind referred to in section 24(9)(c) of this Act with such modifications as shall be necessary and as if the reference in subsection (1) of that section to the registration of any disposition by the Crown were a reference to the registration of a Crown transferee company as the proprietor of the land in accordance with section 9(1)(a) of the New Zealand Railways Corporation Restructuring Act 1990.
(3) This Part of this Act (except section 24L) does not apply to—
(a) Land within an area of 25 metres of a line drawn midway between the rails of a railway line:
(b) Land approved by the Minister by notice in the Gazette as being required for the purpose of an alteration to the route of an existing railway line.
(4) The Minister shall give a notice under subsection (3)(b) of this section in any case where he or she is satisfied that—
(a) The land is reasonably required for the purposes of altering the route of the railway line; and
(b) The value in terms of the purposes specified in section 24C of this Act of the land adjacent to the railway line will not be diminished any more than is reasonably necessary for the purposes of the proposed alterations to the railway line.
(5) In giving an approval under subsection (3)(b) of this section the Minister may impose such conditions as he or she thinks fit in connection with the construction of the proposed alterations to the railway line.
(6) Where, in relation to land of the kind referred to in subsection (3)(b) of this section, a statement that the land is subject to this Part of this Act has, in accordance with section 24D of this Act, been recorded on the certificate of title to the land or on the proper plans and records of the land registration district affected, the District Land Registrar of the land registration district affected or the Chief Surveyor, as the case may be, shall make such alterations to any existing certificates of title for that land or to the plans and records of the land registration district, as the case may be, as shall be necessary for the purpose of recording the fact that the land is no longer subject to this Part of this Act.
(7) Where, in relation to any land of the kind referred to in subsection (3) of this section,—
(a) The railway line is removed permanently; or
(b) The railway line ceases to be operated by a railway operator; or
(c) In the case of land referred to in a notice in the Gazette published under subsection (3)(b) of this section, the Minister declares, by notice in the Gazette, that the land or any part of it is no longer required for the purposes of the alteration to the railway line—
as the case may be,—
the land shall immediately become subject to this Part of this Act and the provisions of section 24D of this Act shall apply with such modifications as shall be necessary and as if—
(d) The reference in subsection (1) of that section to the registration of any disposition by the Crown were a reference to land becoming subject to this Part of this Act by virtue of this subsection; and
(e) The reference in subsection (2) of that section to notification of any disposition by the Crown were a reference to notification of land becoming subject to this Part of this Act by virtue of this subsection.
(8) Nothing in this Part of this Act limits or affects the application of sections 30 and 31 of the New Zealand Railways Corporation Act 1981 or section 31 of the New Zealand Railways Corporation Restructuring Act 1990.
Sections 24K and 24L were inserted, as from 28 August 1990, by section 3 Conservation Amendment Act 1990 (1990 No 106).
Every railway operator must allow members of the public to have access on foot over land that would, but for subsection (3) of section 24K of this Act, be reserved as a marginal strip, except land that is within 5 metres of a line drawn midway between the rails of a railway line, unless, in the opinion of the railway operator, such access would be likely to endanger the safety of persons or property.
Section 24K and 24L were inserted, as from 28 August 1990, by section 3 Conservation Amendment Act 1990 (1990 No 106).
Every stewardship area shall so be managed that its natural and historic resources are protected.
(1) Subject to subsections (2) and (3) of this section, the Minister may dispose of any stewardship area that is not foreshore or any interest in any stewardship area that is not foreshore.
(2) The Minister shall not dispose of any land or any interest in any land adjacent to—
(a) Any conservation area that is not a stewardship area; or
(b) Land administered by the Department under some enactment other than this Act,—
unless satisfied that its retention and continued management as a stewardship area would not materially enhance the conservation or recreational values of the adjacent conservation area or land or, in the case of any marginal strip, of the adjacent water, or public access to it.
(3) The Minister shall not dispose of any land or any interest in land without first giving notice of intention to do so; and section 49 of this Act shall apply accordingly.
(4) Upon being disposed of under this section, the land or interest in land shall cease to be held for conservation purposes.
(5) As soon as is practicable after disposing of any land or interest in land, the Minister shall publish in the Gazette a notice—
(a) Describing the area concerned; and
(b) Specifying the interest and the revenue (or, where the interest was disposed of by way of exchange or part exchange, the consideration) received for it.
(6) Any disposal under this section may be effected by transfer under the Land Transfer Act 1952.
(7) A District Land Registrar shall accept any such transfer as conclusive evidence that the land or interest concerned is no longer required for conservation purposes.
(8) Nothing in this section shall affect any application for or grant of any concession under Part 3B of this Act over a stewardship area or an interest in a stewardship area.
Subsection (1) was amended, as from 10 April 1990, by section 16(1)(a) Conservation Law Reform Act 1990 (1990 No 31) by inserting the words “any stewardship area that is not foreshore or”
.
Subsections (2) and (3) were amended, as from 10 April 1990, by section 16(1)(b) and (c) Conservation Law Reform Act 1990 (1990 No 31) by inserting the words “any land or”
.
Subsection (4) was amended, as from 10 April 1990, by section 16(1)(d) Conservation Law Reform Act 1990 (1990 No 31) by substituting the words “the land or interest in land”
for the words “an interest in land”
.
Subsection (5) was amended, as from 10 April 1990, by section 16(1)(e) Conservation Law Reform Act 1990 (1990 No 31) by inserting the words “land or”
.
Subsections (6) and (7) were inserted, as from 10 April 1990, by section 16(2) Conservation Law Reform Act 1990 (1990 No 31).
Subsection (8) was inserted, as from 1 July 1996, by section 14 Conservation Amendment Act 1996 (1996 No 1).
Part 5A, comprising sections 26A to 26ZF, was inserted, as from 10 April 1990, by section 17 Conservation Law Reform Act 1990 (1990 No 31).
(1) The functions of the Minister in relation to the conservation and management of sports fish and game shall be—
(a) To approve policies and management plans for sports fish and game, and their habitats:
(b) To recommend to the Governor-General the making of any necessary Orders in Council under section 2(3) of this Act:
(c) To define not more than 12 regions for the purposes of this Part of this Act, by notice in the Gazette; and the Minister may in like manner—
(i) Alter the boundaries of any region by including any defined area in the region, or by excluding any defined area from the region and including that area in any other region:
(ii) Abolish any region and include any part or parts of that region in any other region:
(d) To establish, by notice in the Gazette, rules for the conduct of the meetings of the New Zealand Fish and Game Council, and model rules for the conduct of Fish and Game Council meetings; and any such rules may in like manner be amended or revoked:
(e) To approve annual operational work plans or provisions in such plans relating to the management of those species of sports fish or game for which there is no management plan.
(2) The Minister shall have all such powers as are reasonably necessary or expedient to enable the Minister to carry out the Minister's functions under this section.
Part 5A, comprising sections 26A to 26ZF, was inserted, as from 10 April 1990, by section 17 Conservation Law Reform Act 1990 (1990 No 31).
(1) There is hereby established a council to be called the New Zealand Fish and Game Council to represent nationally the interests of anglers and hunters and provide co-ordination of the management, enhancement, and maintenance of sports fish and game.
(2) The New Zealand Fish and Game Council shall be a body corporate with perpetual succession and a common seal, and, except as provided in this Act, shall have—
(a) The rights, powers, and privileges of a natural person; and
(b) The power to do anything it is authorised to do by or under—
(i) This Act; or
(ii) Any other enactment; or
(iii) Any rule of law.
(3) The New Zealand Fish and Game Council shall not exercise any of its rights, powers, or privileges except for the purpose of performing its functions.
Part 5A, comprising sections 26A to 26ZF, was inserted, as from 10 April 1990, by section 17 Conservation Law Reform Act 1990 (1990 No 31). See section 47 of that Act for the transitional provisions.
Section 26B was brought into force, as from 19 July 1990, by regulation 2 Conservation Act Commencement Order (No 2) 1990 (SR 1990/169).
Subsections (2) and (3) were inserted, as from 25 November 1994, by section 9 Conservation Amendment Act 1994 (1994 No 108).
(1) The functions of the New Zealand Fish and Game Council shall be—
(a) To develop, in consultation with Fish and Game Councils, national policies for the carrying out of its functions for sports fish and game, and the effective implementation of relevant general policies established under the Wildlife Act 1953 and this Act:
(b) To advise the Minister on issues relating to sports fish and game:
(ba) To co-ordinate the preparation and recommendation, for the Minister's approval, of Anglers Notices and notices for game seasons; to advise the Minister in relation to such matters; and to publish in the Gazette Anglers Notices and notices for game seasons:.
(c) To participate, with the Director-General and other interested parties, in the development of a research programme promoting the management of sports fish and game:
(d) To oversee the electoral system by which members of Fish and Game Councils are elected:
(e) To recommend to the Minister an appropriate fee for fishing and hunting licences, after having regard to the views and recommendations of Fish and Game Councils:
(ea) To recommend to the Minister fees for game hunting guide licences and sports fishing guide licences, after having regard to views and recommendations of Fish and Game Councils:
(f) To determine, in consultation with Fish and Game Councils, the amount of the levy payable by Fish and Game Councils to the New Zealand Fish and Game Council, from licence sales, for—
(i) The administration of the New Zealand Fish and Game Council; and
(ii) Redistribution between Fish and Game Councils; and
(iii) Advocacy and research:
(g) To advocate generally and in any statutory planning process the interests of the New Zealand Fish and Game Council and, with its agreement, of any Fish and Game Council in the management of sports fish and game, and habitats:
(h) To provide regular reports to Fish and Game Councils:
(i) To liaise with the New Zealand Conservation Authority:
(j) To audit the activities of Fish and Game Councils:
(ja) To recommend to the Minister, after having regard to the views and recommendations (if any) of Fish and Game Councils and the New Zealand Game Bird Habitat Trust Board, an appropriate fee in respect of any game bird habitat stamp and the form of such stamps:
(jb) To sell or arrange the sale of, in New Zealand or outside New Zealand, game bird habitat stamps and associated products:
(k) To perform such other sports fish and game functions as the Minister may require.
(2) The New Zealand Fish and Game Council shall have such other functions as are conferred on it by or under this Act or any other Act.
Part 5A, comprising sections 26A to 26ZF, was inserted, as from 10 April 1990, by section 17 Conservation Law Reform Act 1990 (1990 No 31).
Subsection (1)(ca) and (ea) were inserted, as from 13 March 1996, by section 16(1) and (2) Conservation Amendment Act 1996 (1996 No 1).
Subsection (1)(ja) and (jb) were inserted, as from 17 May 1993, by section 6 of 1993 No 39.
(1) The New Zealand Fish and Game Council shall consist of persons appointed as members of the New Zealand Fish and Game Council by Fish and Game Councils.
(2) Each Fish and Game Council shall be entitled, in accordance with any regulations made under section 48 of this Act, to appoint one of its members to be a member of the New Zealand Fish and Game Council, and any person so appointed may from time to time be reappointed.
Part 5A, comprising sections 26A to 26ZF, was inserted, as from 10 April 1990, by section 17 Conservation Law Reform Act 1990 (1990 No 31).
No member of the New Zealand Fish and Game Council shall be personally liable for any default made by the Council or any member of it, in good faith in the course of its operations.
Section 26DA was inserted, as from 17 May 1993, by section 6 Wildlife Amendment Act 1993 (1993 No 39).
(1) The New Zealand Fish and Game Council may co-opt for such term as it thinks fit any suitable person or persons to be a member or members of the Council.
(2) A co-opted member of the Council shall be entitled to attend and speak at any meeting of the Council, but shall not be entitled to vote on any question.
Part 5A, comprising sections 26A to 26ZF, was inserted, as from 10 April 1990, by section 17 Conservation Law Reform Act 1990 (1990 No 31).
(1) The New Zealand Fish and Game Council shall have all such powers as are reasonably necessary or expedient to enable it to carry out its functions.
(2) Without limiting the generality of subsection (1) of this section, the New Zealand Fish and Game Council may—
(a) Makes sic: Make rules for the conduct of its business and financial requirements:
(b) Appoint a manager and other staff for the efficient and economic administration of the affairs of the Council:
(c) Expend money received by it from any source arising under this Act for the purposes of carrying out its functions under this Act:
(d) Enter into contracts to provide services and enter into contracts on behalf of, and subject to the authorisation of, any Fish and Game Council.
(3) For the purposes of section 26C(1)(g) of this Act, the New Zealand Fish and Game Council shall be entitled to appear before courts and tribunals in New Zealand and be heard on matters affecting or relating to the Council's functions.
(4) [Repealed]
(5) [Repealed]
Part 5A, comprising sections 26A to 26ZF, was inserted, as from 10 April 1990, by section 17 Conservation Law Reform Act 1990 (1990 No 31).
Subsection (2)(d) was amended, as from 17 May 1993, by section 6 Wildlife Amendment Act 1993 (1993 No 39) by inserting the words “and enter into contracts on behalf of, and subject to the authorisation of, any Fish and Game Council”
.
Subsections (4) and (5) were inserted, as from 25 November 1994, by section 10 Conservation Amendment Act 1994 (1994 No 108).
Subsections (4) and (5) were repealed, as from 25 January 2005, by section 37(1) Public Finance Amendment Act 2004 (2004 No 113).
(1) The Director may from time to time appoint employees of the New Zealand Fish and Game Council or employees of any Fish and Game Council to be fish and game rangers for the purposes of this Act.
(2) The Director may from time to time appoint other suitable persons to be fish and game rangers in an honorary capacity for the purposes of this Act.
(3) A fish and game ranger may be appointed—
(a) For a particular region or area or areas or to act generally throughout New Zealand:
(b) For a particular purpose or general purposes specified in the warrant issued to that person.
(4) Every fish and game ranger appointed under subsection (2) of this section shall be appointed for a term not exceeding 3 years specified by the Director; but may be reappointed.
(5) Any fish and game ranger appointed under subsection (2) of this section may at any time be removed from office by the Director for incapacity, neglect of duty, or misconduct proved to the satisfaction of the Director, or may at any time resign office by writing addressed to the Director.
(6) Every person shall, on ceasing to be a fish and game ranger, surrender to the Director the warrant of appointment, any badge of office, and any article of uniform issued to that person.
(7) No fish and game ranger shall be regarded as an employee of the New Z