New Zealand Legislation: Acts
Acts are laws made by Parliament
(1) The enactments specified in Schedule 2 to this Act are hereby amended in the manner indicated in that schedule.
(2) The Governor-General may, by Order in Council, amend any local or private Act so as to achieve all or any of the following ends:
(a) The substitution of references to the Minister of Conservation for references to the Minister of Agriculture, the Minister of Agriculture and Fisheries, the Minister of Fisheries, the Minister of Forests, the Minister of Internal Affairs, the Minister of Lands, the Minister of Marine, the Minister of Transport, the Land Settlement Board, or any Commissioner of Crown Lands:
(b) The substitution of references to the Director-General of Conservation for references to the Director-General of Agriculture, the Director-General of Agriculture and Fisheries, the Director-General of Forests, the Secretary for Internal Affairs, the Under-Secretary of Internal Affairs, the Director-General of Lands, the Secretary for Marine, the Secretary for Transport, the Land Settlement Board, or any Commissioner of Crown Lands:
(c) The substitution of references to the Department of Conservation for references to the Ministry of Agriculture and Fisheries, the Department of Agriculture, the New Zealand Forest Service, the Department of Internal Affairs, the Marine Department, the Ministry of Transport, the Transport Department, or the department within the meaning of section 2 of the Survey Act 1986.
(3) The regulations specified in Schedule 3 to this Act are hereby amended in the manner indicated in that schedule.
(4) The regulations specified in Schedule 3 to this Act may be amended or revoked as if the amendments specified in that schedule had been effected by regulation and not by this Act.
(5) The State Forest Parks and Forest Recreation Regulations 1979 are hereby deemed to have been made under section 48 of this Act, and may be amended or revoked accordingly.
(6) After the commencement of this Act, the Titi (Muttonbird) Islands Regulations 1978 shall have effect as if made under this Act, and may be amended or revoked accordingly.
(7) After the commencement of this Act, every reference in—
(a) Any regulation, order, proclamation, notice, rule, notification, certificate, agreement, deed, instrument, application, licence, authority, permit or other document whatsoever made, given, issued, granted, or entered into pursuant to, by, or under the Wildlife Act 1953 or any former corresponding enactment; or
(b) Any protection notice issued pursuant to section 36 of the Historic Places Act 1980; or
(c) Any district anglers notice given pursuant to section 71 of the Fisheries Act 1983;—
to the Minister of, Secretary for, or Department of Internal Affairs shall be read as a reference to the Minister, Director-General, or, as the case may be, Department of Conservation.
(8) After the commencement of this Act, references in any bylaws made under section 56 of the National Parks Act 1980 to the Department of Lands and Survey or to the Commissioner of Crown Lands shall be read as references to the Department of Conservation or to the Director-General of Conservation, respectively.
(9) The following orders are hereby amended by omitting from the definition of the term Minister or, as the case requires, of the term Director-General the word “Lands”
, and substituting, in each case, the word “Conservation”
:
(a) The Lake Waikaremoana and Lake Waikareiti Waters Control Order 1982:
(b) The Fiordland National Park Lakeshore and Lakebed Control Order 1986:
(c) The Abel Tasman National Park Foreshore Control Order 1986:
(d) The Abel Tasman National Park Waters Control Order 1986.
(10) The following orders are hereby amended by omitting from the definition in clause 2 of the term The Commissioner the words “Commissioner of Crown Lands, Wellington”
(in the case of the first order) and the words “Commissioner of Crown Lands, Auckland”
(in the case of the second order), and substituting, in each case, the words “Director-General of Conservation”
:
(a) The Wanganui River, Ongarue River and Retaruke River Waters Control Order 1982:
(b) The Northland Harbour Board and Commissioner of Crown Lands, Auckland, Foreshore Control Order 1987.
(11) The orders specified in subsections (9) and (10) of this section may be amended or revoked as if the amendments effected by those subsections had been effected by Order in Council made under section 165 of the Harbours Act 1950.
(12) The following provisions shall apply in respect of every management plan approved under any former Act in relation to the management of any area that, on or after the commencement of this Act, became or becomes a conservation area or an area subject to section 61 or section 62 of this Act:
(a) Except to the extent that it is inconsistent with this Act, every such plan shall have effect as if it were a conservation management plan:
(b) Any such plan may be replaced under this Act by a conservation management plan prepared under this Act:
(c) Any such plan or any part of any such plan that is inconsistent with any provision of this Act may, with the agreement of the appropriate Conservation Board, be declared by the Minister to have been withdrawn; and any plan or part declared to have been withdrawn under this paragraph shall cease to have effect:
(13) Where there was in force immediately before the commencement of this Act any licence, permit, approval, or consent under the Harbours Act 1950 that, if granted, issued, or given, after that commencement, would have had to be granted, issued, or given by—
(a) The Minister; or
(b) The Minister and the Minister of Transport jointly; or
(c) The Minister of Transport on the recommendation of the Minister; or
(d) The Minister of Transport after consultation with the Minister; or
(e) The Minister after consultation with the Minister of Transport,—
it shall continue in force as if so granted, issued, or given, and may be amended, revoked, or renewed, accordingly.
(14) Notwithstanding the repeal or amendment of any provision in the Marine Farming Act 1971, the validity, invalidity, effect, or consequences of any thing already done or suffered in respect of any licence, permit, approval, or consent under that Act, shall not be affected:
Provided that any change in requirements as to any consent, renewal, amendment, or any other such matter relating thereto and either provided for by this Act or occurring on or after the 1st day of April 1987 shall be deemed to apply to such licences, permits, approvals, or consents under the Marine Farming Act 1971 as appropriate.
Subsection (2)(c) was amended, as from 1 July 1996, by section 5 Survey Amendment Act 1996 (1996 No 55) by substituting the words “department within the meaning of section 2 of the Survey Act 1986”
for the words “Department of Survey and Land Information”
.
Subsection (5) was substituted, as from 10 April 1990, by section 35(1) Conservation Law Reform Act 1990 (1990 No 31).
Subsection (12) was substituted, as from 10 April 1990, by section 35(2) Conservation Law Reform Act 1990 (1990 No 31).
Subsection (14) was inserted, as from 1 April 1987, by section 11(1) State-Owned Enterprises Amendment Act 1987 (1987 No 117).