Conservation Act 1987

  • This version was reprinted on 26 February 2016 to make corrections to sections 6X(2)(c), 13(1), 17D(1), 17E(4), 26F(2), 26ZV, 26ZZL(3), 30(1)(ca), and Schedule 3 under section 25(1)(j)(i)-(iv) of the Legislation Act 2012.

Reprint as at 1 August 2014

Coat of Arms of New Zealand

Conservation Act 1987

Public Act
 
1987 No 65
Date of assent
 
31 March 1987
Commencement
 
see section 1(2)
Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Department of Conservation.

Contents

Title
1Short Title and commencement
2Interpretation
3Act to bind the Crown
4Act to give effect to Treaty of Waitangi
5Department of Conservation
6Functions of Department
6ANew Zealand Conservation Authority established
6BFunctions of Authority
6CPowers of Authority
6DMembership
6EAnnual report
6FTerm of office of members of Authority
6GChairperson of Authority
6HMeetings of Authority
6IDirector-General entitled to attend meetings of Authority
6JServicing of Authority
6KFees and travelling expenses of members of Authority
6LConservation Boards established
6MFunctions of Boards
6NPowers of Boards
6OAnnual report
6PMembership of Conservation Boards
6QCo-opted members
6RTerm of office of members of Boards
6SChairpersons of Boards
6TMeetings of Boards
6UDirector-General entitled to attend meetings of Boards
6VServicing of Boards
6WFees and travelling expenses of members of Boards
6XGuardians of Lakes Manapouri, Monowai, and Te Anau
7Land may be acquired and held for conservation purposes
8Conservation area may become reserve, national park, etc
9Policy statements for conservation areas [Repealed]
10Management plans [Repealed]
11Procedure for preparing and amending management plans [Repealed]
12Effect of management plans [Repealed]
13Conservation areas may be closed
14Conditions on the issuing of leases and licences, and disposal of conservation areas [Repealed]
15Creation of easements [Repealed]
16Disposal of conservation areas
16AExchanges of stewardship areas
17Access to conservation areas
17AConservation areas to be managed by Department
17BGeneral policy
17CGeneral policy under more than 1 Act
17DConservation management strategies
17EConservation management plans
17FProcedure for preparation and approval of conservation management strategies
17GProcedure for preparation and approval of conservation management plans
17HReviews of conservation management strategies and conservation management plans
17IAmendments to conservation management strategies and conservation management plans
17JFreshwater fisheries management plans
17KProcedure for preparation, approval, review, and amendment of freshwater fisheries management plans
17LSports fish and game management plans
17MProcedure for preparation, approval, review, and amendment of sports fish and game management plans
17NEffect of general policies, conservation management strategies, and management plans
17OApplication
17PRelationship with the Resource Management Act 1991
17QPowers to grant concessions
17RApplications for leases, licences, etc
17SContents of application
17TProcess for complete application
17UMatters to be considered by Minister
17VLimitations on concessions and leases over marginal strips
17WRelationship between concessions and conservation management strategies and plans
17XPower of Minister to impose and enforce conditions
17YRents, fees, and royalties
17ZTerm of concession
17ZAAConcession may continue after application for new concession
17ZAABConcession may continue after process initiated under section 17ZG(2)(a)
17ZARegistration of easements
17ZBAccounts
17ZCChanging conditions
17ZDFailure to execute or exercise concession document
17ZETransfers, subleases, and mortgages
17ZFAircraft
17ZGManagement activities
17ZHPowers of Minister where services are provided by the Minister or the Director-General
17ZIRecords
17ZJReconsideration of decisions
18AAGovernor-General may confer additional protection or preservation requirements
18ABGovernor-General may declare that wetland be notified to Ramsar Secretariat
18Minister may confer additional specific protection or preservation requirements
19Conservation parks
20Wilderness areas
21Ecological areas
22Sanctuary areas
23Watercourse areas
23AAmenity areas
23BWildlife management areas
24Marginal strips reserved
24APower to reduce width of marginal strip
24AAPower to increase width of marginal strip
24BPower to declare certain dispositions to be exempt from section 24
24BANotification of intention to reduce marginal strip or to grant exemption
24CPurposes of marginal strips
24DReservation of marginal strips to be recorded
24EExchange of marginal strips
24FRight of Crown to half of bed of river adjoining former land of the Crown
24GEffect of change to boundary of marginal strips
24HManagement of marginal strips
24IEasements [Repealed]
24JResumption of marginal strips by Crown
24KProvisions applying in relation to land vested under New Zealand Railways Corporation Restructuring Act 1990
24LPublic access rights
25Management of stewardship areas
26Disposal of stewardship areas
26AFunctions of Minister
26BEstablishment and powers of New Zealand Fish and Game Council
26CFunctions of New Zealand Fish and Game Council
26DMembership
26DAMembers not personally liable
26ECo-opted members
26FPowers of New Zealand Fish and Game Council
26FAAppointment of fish and game rangers
26FBPowers of fish and game rangers
26FCProvisions relating to Director and fish and game rangers
26GEmployment principles
26HCrown entity
26IAnnual report
26JChairperson of New Zealand Fish and Game Council
26KMeetings of New Zealand Fish and Game Council
26LDirector-General entitled to attend meetings of New Zealand Fish and Game Council
26MNo remuneration payable to members
26NTransitional Councils
26OFunctions and powers of Transitional Councils
26PEstablishment and powers of Fish and Game Councils
26QFunctions of Fish and Game Councils
26RFish and Game Council responsibilities
26SPowers of Fish and Game Councils
26TAppointment of staff
26UMembership
26VCo-opted members
26WCrown entity
26XAnnual report
26YEligibility to vote
26ZConduct of elections
26ZATerm of office of members of Fish and Game Councils
26ZBMembers not personally liable
26ZCChairpersons of Fish and Game Councils
26ZDMeetings of Fish and Game Councils
26ZEDirector-General entitled to attend meetings of Fish and Game Councils
26ZFNo remuneration payable to members
26ZGApplication of Part
26ZHMaori fishing rights unaffected by this Part
26ZITaking sports fish without licence prohibited
26ZJOffences relating to spawning fish
26ZKFishing competitions relating to sports fish
26ZLRestrictions on fishing
26ZMTransfer or release of live aquatic life
26ZNFishing rights not to be sold or let
26ZOOccupier may fish without licence
26ZPDetermination of closed seasons for fishing
26ZQBuying, selling, or possessing fish, contrary to Act
26ZQAPossessing certain kinds of fish without approval
26ZRUsing hazardous substances to catch or destroy fish
26ZSControlled dog areas and open dog areas
26ZTAreas excluded from open dog areas
26ZUMatters that may be included in declarations of controlled dog areas or open dog areas
26ZVMatters about which Minister must be satisfied
26ZWMatters to be taken into account in relation to declaration
26ZXMatters relevant to determination of conditions
26ZYPreparation of discussion document
26ZZNotification of discussion document
26ZZAInspection of discussion document
26ZZBSubmissions on discussion document
26ZZCHearing of submissions
26ZZDSummary of submissions
26ZZERecommendation of Director-General
26ZZFIssue of notice
26ZZGRestrictions on access to controlled dog area
26ZZHDog control permits
26ZZIRequirements in relation to dog control permits
26ZZJPower to amend or revoke dog control permit
26ZZKPersons authorised to take dogs into controlled dog area without dog control permit
26ZZLSeizure and destruction of dogs
26ZZMDisposal of seized dog
26ZZNSupply of information in relation to ownership of dogs
26ZZORecovery of costs relating to dogs
26ZZPOffences
26ZZQDogs causing serious injury to protected wildlife
26ZZRPower of warranted officer to request information
26ZZSNo liability where dog wounded in attempt to destroy
26ZZTLimitation of liability for damage
27Covenants
27ANga Whenua Rahui kawenata
28Resources other than land
29Management agreements
30Taking of plants
31Removal of shingle, etc [Repealed]
32Lessees, etc, may be required to make contributions [Repealed]
33Receipts
34Annual reports
35Local authority contributions
36Trespassing livestock
37Production of permit, etc, on demand
38Hunting, etc
39Other offences in respect of conservation areas
40Powers of warranted officers
41Offences in respect of warranted officers and fish and game rangers
42Protection of warranted officers and others
43Proceedings for offences
43AEvidence in proceedings
43BStrict liability
43CPenalties for certain offences
43DPenalties for offences committed for commercial gain or reward
44Penalties
44ASentence of community work
45Offenders liable for loss or damage
46Forfeiture of property
47Information leading to conviction
48Regulations
48AARegulations prescribing time limits for applications for concessions
48ASpecial regulations relating to freshwater fisheries
48BSpecial regulations relating to South Island freshwater fisheries
49Public notice and rights of objection
50Changes of status of land to be noted
50AErrors of description in notices may be corrected
51Consent or approval may be conditional
52Director-General of Conservation
53Powers of Director-General
54Deputy Directors-General of Conservation
55Other officers and employees of Department
56Committees
57Delegation of powers by Minister
58Delegation of powers by Director-General
59Warranted officers
60Acquisition of land for administrative purposes
60APersons in respect of whose actions Director-General may recover costs, require royalties, etc
60BDirector-General may recover certain costs
60CIndirect applications
60DRoyalties, etc, may be required in certain circumstances
60EPayments
60FCertificate of title in respect of conservation areas
61Certain former State forest land to become protected area on commencement of Act
62Certain land to be managed as if it is stewardship area
63Certain land may become protected area without public notification
64Existing leases, licences, etc
64AAgreed exchanges to proceed
64BPowers under forestry and Crown leases, etc, exercisable by Minister or Director-General
65Amendments and savings
Reprint notes

An Act to promote the conservation of New Zealand’s natural and historic resources, and for that purpose to establish a Department of Conservation