Conservation Amendment Act 2013

Reprint
as at 24 May 2013

Coat of Arms of New Zealand

Conservation Amendment Act 2013

Public Act2013 No 15
Date of assent19 April 2013
Commencementsee section 2

Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

This Act is administered by the Department of Conservation.


The Parliament of New Zealand enacts as follows:

1 Title
  • This Act is the Conservation Amendment Act 2013.

2 Commencement
  • This Act comes into force on the earlier of the following:

    • (a) the date appointed by the Governor-General by Order in Council:

    • (b) the date that is 2 years after the date on which the Act receives the Royal assent.

    Section 2(a): this Act brought into force, on 24 May 2013, by the Conservation Amendment Act 2013 Commencement Order 2013 (SR 2013/123).

3 Principal Act
4 Section 2 amended (Interpretation)
  • (1) In section 2(1), insert in their appropriate alphabetical order:

    Ramsar Administrative Authority means the administering agency that is the Ramsar Administrative Authority for New Zealand, as from time to time advised by the Government of New Zealand to the Ramsar Secretariat

    Ramsar Secretariat means the body responsible for co-ordination of the Convention on Wetlands of International Importance especially as Waterfowl Habitat, done at Ramsar on 2 February 1971.

    (2) In section 2(2), replace section 18(1) with section 18AA(1) or 18(1).

5 Section 8 amended (Conservation area may become reserve, national park, etc)
  • (1) After section 8(1A), insert:

    • (1B) Subsection (1A) is subject to subsection (4).

    (2) After section 8(3), insert:

    • (4) The Minister must not act under subsection (1A) to declare a conservation area—

      • (a) to be a nature reserve or a scientific reserve under the Reserves Act 1977; or

      • (b) to be included in an existing nature reserve or scientific reserve under that Act.

6 New sections 18AA and 18AB inserted
  • In Part 4, before section 18, insert:

    18AA Governor-General may confer additional protection or preservation requirements
    • (1) The Governor-General may, by Order in Council made on the recommendation of the Minister, declare any conservation area—

      • (a) to be held for the purpose of a wilderness area, a sanctuary area, or both; and

      • (b) to have the official geographic name stated in the order.

      (2) Before making a recommendation under subsection (1), the Minister must—

      • (a) refer the proposed name to the New Zealand Geographic Board Ngā Pou Taunaha o Aotearoa for review under subpart 3 of Part 2 of the New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008; and

      • (b) give public notice of the intention to recommend the making of the order that includes the proposed name for the area.

      (3) Section 49 applies, with the necessary modifications, to a notice given under subsection (2)(b).

      (4) A conservation area declared to be held for the purpose of a wilderness area, a sanctuary area, or both, under this section must be managed in a manner that is consistent with that purpose or those purposes (as the case may be).

      (5) The Governor-General may, by Order in Council made on the recommendation of the Minister, vary or revoke the purpose, or all or any of the purposes, for which any conservation area held under subsection (1) is held, and the land is to be held accordingly as provided in the order.

      (6) Before making a recommendation under subsection (5), the Minister must give public notice of the intention to recommend the making of the order, and section 49 applies with the necessary modifications.

    18AB Governor-General may declare that wetland be notified to Ramsar Secretariat
    • (1) The Governor-General may, by Order in Council made on the recommendation of the Minister,—

      • (a) specify a wetland and the details of the area of the wetland; and

      • (b) declare that the Minister for the time being responsible for the Ramsar Administrative Authority must notify the Ramsar Secretariat of the wetland and the details of the area of the wetland; and

      • (c) declare that the wetland is to have the official geographic name stated in the order.

      (2) Before making a recommendation under subsection (1), the Minister must refer the proposed name to the New Zealand Geographic Board Ngā Pou Taunaha o Aotearoa for review under subpart 3 of Part 2 of the New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008.

7 Section 18 amended (Minister may confer additional specific protection or preservation requirements)
  • In section 18(1), delete a sanctuary area, a wilderness area,.


Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)


Notes
1 General
  • This is a reprint of the Conservation Amendment Act 2013. The reprint incorporates all the amendments to the Act as at 24 May 2013, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .

2 Status of reprints
  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared
  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989
  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • omission of unnecessary referential words (such as of this section and of this Act)

    • typeface and type size (Times Roman, generally in 11.5 point)

    • layout of provisions, including:

      • indentation

      • position of section headings (eg, the number and heading now appear above the section)

    • format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • format of dates (eg, a date formerly expressed as the 1st day of January 1999 is now expressed as 1 January 1999)

    • position of the date of assent (it now appears on the front page of each Act)

    • punctuation (eg, colons are not used after definitions)

    • Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • case and appearance of letters and words, including:

      • format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • small capital letters in section and subsection references are now capital letters

    • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • running heads (the information that appears at the top of each page)

    • format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)