Conservation Law Reform Act 1990

5 New Parts 2A and 2B inserted into principal Act

The principal Act is hereby amended by inserting, after Part 2, the following Parts:

Part 2A New Zealand Conservation Authority and conservation boards

New Zealand Conservation Authority

6A New Zealand Conservation Authority established

There is hereby established an authority to be called the New Zealand Conservation Authority.

6B Functions of Authority

(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, the New Zealand Walkways Act 1990, 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, the New Zealand Walkways Act 1990, 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, the New Zealand Walkways Act 1990, 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)

to advise the Minister or the Director-General, as appropriate, on any matter relating to or affecting walkways:

(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.

Compare: 1980 No 66 s 18

6C Powers of Authority

(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.

6D Membership

(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:

(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 at least twice in a daily newspaper circulating in each of the cities of Auckland, Hamilton, Wellington, Christchurch, and Dunedin, and in such other newspapers and publications 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.

Compare: 1980 No 66 s 17

6E Annual report

(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.

Compare: 1980 No 66 s 21

6F Term of office of members of Authority

(1)

Subject to subsections (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, disability, 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 dies, resigns, or is removed from office, the vacancy so created shall be filled in the manner in which the appointment to the vacant office was originally made, and the person so appointed shall be appointed 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.

Compare: 1980 No 66 s 22

6G Chairperson of Authority

(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.

Compare: 1980 No 66 s 23

6H Meetings of Authority

(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.

Compare: 1980 No 66 s 24

6I Director-General entitled to attend meetings of Authority

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.

Compare: 1980 No 66 s 25

6J Servicing of Authority

The Authority shall be serviced by the Department in such manner as the Minister may from time to time direct.

Compare: 1980 No 66 s 26

6K Fees and travelling expenses of members of Authority

(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.

Compare: 1980 No 66 s 27

Conservation boards

6L Conservation Boards established

(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.

Compare: 1980 No 66 s 29

6M Functions of Boards

(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)

to advise the Conservation Authority and the Director-General on proposals for new walkways in any area within the jurisdiction of the Board:

(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.

Compare: 1980 No 66 s 30

6N Powers of Boards

(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.

6O Annual report

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.

6P Membership of Conservation Boards

(1)

Every Board shall consist of not more than 12 members.

(2)

Except as provided in subsections (5), (6), and (7) 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 at least twice in a daily newspaper circulating in the area in which the Board will have jurisdiction, and in such other newspapers and publications 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.

(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.

Compare: 1980 No 66 s 32

6Q Co-opted members

(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.

6R Term of office of members of Boards

(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, disability, 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 dies, resigns, or is removed from office, the vacancy so created shall be filled in the manner in which the appointment to the vacant office was originally made, and the person so appointed shall be appointed 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.

Compare: 1980 No 66 s 33

6S Chairpersons of Boards

(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.

Compare: 1980 No 66 s 34

6T Meetings of Boards

(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.

Compare: 1980 No 66 s 35

6U Director-General entitled to attend meetings of Boards

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.

Compare: 1980 No 66 s 36; 1987 No 65 s 65(1)

6V Servicing of Boards

The Boards shall be serviced by the Department in such manner as the Minister may from time to time direct.

Compare: 1980 No 66 s 37

6W Fees and travelling expenses of members of Boards

(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.

Compare: 1980 No 66 s 38

Part 2B Guardians of lakes Manapouri, Monowai, and Te Anau

6X Guardians of Lakes Manapouri, Monowai, and Te Anau

(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.

(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.