Forestry (East Coast) Grants Regulations 2000

Reprint
as at 15 June 2007

Crest

Forestry (East Coast) Grants Regulations 2000

(SR 2000/55)

Michael Hardie Boys, Governor-General

Order in Council

At Wellington this 10th day of April 2000

Present:
The Right Hon Helen Clark presiding in Council

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.

These regulations are administered by the Ministry of Agriculture and Forestry.

Pursuant to section 72 of the Forests Act 1949, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

Regulations

1 Title

  • These regulations are the Forestry (East Coast) Grants Regulations 2000.

2 Commencement

  • These regulations come into force on 14 April 2000.

3 Interpretation

  • In these regulations, unless the context otherwise requires,—

    Act means the Forests Act 1949

    application means an application in the prescribed form in which a landholder applies for an approval certificate

    approval certificate means a certificate in the prescribed form approved by an approving authority and certifies—

    • (a) that the land specified in the certificate is an approved area; and

    • (b) subject to the conditions stated in the certificate, that the applicant is entitled to be paid the grant specified by the certificate after carrying out the work specified by the certificate

    approved area means any area of land in respect of which an approving authority has issued an approval certificate

    approving authority means the Minister or a person to whom the Minister has delegated authority to approve a grant under section 15 of the Act

    certified account means a statement in the prescribed form—

    • (a) that contains such information relating to expenditure incurred on an approved area as may be required by these regulations to support an application or claim for payment of a grant; and

    • (b) that has been certified correct (which certificate includes the due payment of amounts purporting to have been disbursed) and issued in the prescribed form by a company auditor or a chartered accountant

    closed canopy indigenous scrub means indigenous scrub or tree vegetation that is at least 2 metres tall and has touching or interwoven branches

    Commissioner means the Commissioner of Inland Revenue

    East Coast forestry grant or grant means a grant made under section 15 of the Act and in accordance with these regulations; and includes any part of a grant

    East Coast region means the Gisborne region (as defined in the Gazette 1989, at page 2328)

    erosion control treatments include—

    • (a) forestry, being the planting of trees approved for providing effective erosion control; and

    • (b) reversion, being regeneration of indigenous vegetation either—

      • (i) by unassisted regeneration; or

      • (ii) by enhanced regeneration involving the planting of indigenous trees

    landholder includes any person who is entitled by virtue of that person's interest in any landholding to carry out erosion control treatments on that landholding

    landholding—

    • (a) includes every estate, right, title, or interest of any kind in or over any land within the boundaries of the East Coast region, otherwise than by way of charge or security, under which the holder may carry out erosion control treatments; but

    • (b) does not include any land held in co-ownership of any kind, unless all the co-owners are applicants under these regulations in respect of that land

    payment approval certificate means a certificate in the prescribed form issued by a Forestry Officer to the effect that the work on an approved area has been satisfactorily completed on that area

    prescribed form means a form provided, required, or approved by the Secretary

    sustainable land management means the management of an area of qualifying land in a way that controls present and future erosion

    year means—

    • (a) a period of 12 months ending with the last day of March; or

    • (b) where the consent of the Commissioner has been obtained under section 38 of the Tax Administration Act 1994, ending with the date of the annual balance of the landholder's accounts.

    Regulation 3 approval certificate: amended, on 15 June 2007, by regulation 4(1) of the Forestry (East Coast) Grants Amendment Regulations 2007 (SR 2007/154).

    Regulation 3 approving authority: amended, on 15 June 2007, by regulation 4(2) of the Forestry (East Coast) Grants Amendment Regulations 2007 (SR 2007/154).

    Regulation 3 closed canopy indigenous scrub: inserted, on 28 March 2002, by regulation 3 of the Forestry (East Coast) Grants Amendment Regulations 2002 (SR 2002/37).

4 East Coast forestry grants

  • (1) The approving authority may, in the authority's discretion, approve an East Coast forestry grant and, after executing an approval certificate, pay the grant in such manner and on such conditions as may be specified in these regulations and in the approval certificate.

    (2) The approval and payment of a grant is subject to—

    • (a) compliance by a landholder with these regulations; and

    • (b) such money as may be fixed or allocated for the purpose; and

5 Applications for approval certificates

  • Any person may apply for an approval certificate if—

    • (a) the person is a landholder; or

    • (b) the person provides written evidence acceptable to the Secretary of an intention to become a landholder.

6 Information to accompany application for approval certificate

  • (1) An application under regulation 5 must be made to the Secretary and be accompanied by—

    • (a) sufficient particulars of the landholding, and the area proposed for approval, to enable the Secretary to identify them; and

    • (b) a land use certificate from a land use consultant approved by the Secretary to the effect that the consultant has accurately identified the land use capability classes for the land (as defined in the New Zealand Land Resource Inventory, 2nd edition 1999 or the equivalent units in the 1st edition 1974); and

    • (c) a plan for the proposed grant area superimposed on a recent aerial photograph that shows—

      • (i) the boundaries of the proposed grant area; and

      • (ii) any internal planting boundaries where different planting years, species, or erosion control treatments are intended; and

      • (iii) any existing or proposed fencing; and

      • (iv) any excluded forest or closed canopy indigenous scrub within the proposed grant area.

    (2) The approving authority may, if it thinks fit, exempt an applicant from the requirement to provide a land use certificate in accordance with subclause (1)(b).

    (3) If forestry treatments are proposed, an applicant for an approval certificate must also provide,—

    • (a) if archaeological sites within the proposed area are identified by the Secretary, an archaeological survey conducted by an archaeologist approved by the Secretary; and

    • (b) if treatments involving indigenous vegetation clearance are proposed, a copy of any resource consent required for the clearance.

    (4) The information listed in subclause (3)(a) and (b) need not accompany the application but must be provided to the Secretary, if a certificate is issued, before the grant is paid.

    Regulation 6: substituted, on 15 June 2007, by regulation 5 of the Forestry (East Coast) Grants Amendment Regulations 2007 (SR 2007/154).

6A Applicant must provide additional information if forestry treatment proposed

  • [Revoked]

    Regulation 6A: revoked, on 15 June 2007, by regulation 6 of the Forestry (East Coast) Grants Amendment Regulations 2007 (SR 2007/154).

6B Applicant must provide additional information and register covenant if reversion proposed

  • [Revoked]

    Regulation 6B: revoked, on 15 June 2007, by regulation 6 of the Forestry (East Coast) Grants Amendment Regulations 2007 (SR 2007/154).

7 Approval certificate to be issued to landholder only

  • (1) An approval certificate in respect of any approved area must not be issued unless the applicant is the landholder for that area.

    (2) An approval certificate may be issued in respect of an application at any time before 30 June in the year that forest establishment commences.

    Regulation 7(2): substituted, on 28 March 2002, by regulation 5 of the Forestry (East Coast) Grants Amendment Regulations 2002 (SR 2002/37).

8 Time for applications for approval certificate

  • (1) Applications for approval certificates relating to areas of 50 hectares or more must be lodged with the Secretary before the close of 30 April in each calendar year.

    (2) Applications for approval certificates relating to areas of less than 50 hectares must be lodged with the Secretary before the close of 30 June in each calendar year.

    (3) The Minister may, by public notification, extend the time for lodging applications for approval certificates.

9 Qualifying land

  • (1) An approval certificate must not be granted in respect of any area of land—

    • (a) that is less than 5 hectares and any individual blocks that will be subject to erosion control treatments that are less than 2 hectares; or

    • (b) that is an area of forest or closed canopy indigenous scrub greater than 1 hectare; or

    • (c) that is greater than 1 hectare if, in the opinion of the Secretary, the area has recently been cleared of indigenous scrub, in order to support the application; or

    • (d) that is a site of special wildlife interest or a recommended area for protection, as certified by the Department of Conservation; or

    • (e) that is an archaeological site.

    (2) An approval certificate can only be granted in respect of land—

    • (a) that contains class VII, subclass “e” units 18, 19, 21, 22, 23, 24, and 25 (as defined in the New Zealand Land Resource Inventory, 2nd edition 1999 or the equivalent units in the 1st edition 1974); or

    • (b) that contains class VIII, subclass “e” units 2, 3, 4, 5, 6, 7, 8, and 9 (as so defined).

    (3) Land that does not meet the class VII and class VIII, subclass “e” units requirements, may be included in an approval certificate if,—

    • (a) in the opinion of the Secretary, it is within the same tributary watershed as land that does meet the requirements; and

    • (b) it is based on practical and workable catchment or subcatchment boundaries.

    (4) In the case of an area of land that is not less than 5 hectares but less than 50 hectares, an application for an approval certificate may be granted to the extent that the effect of the grant does not increase the total of such approved areas for the year for which the grant is sought to an area exceeding 500 hectares.

    (5) In the case of an area of 50 hectares or more, an application for an approval certificate may be granted to the extent that the effect of the grant does not increase the total of such approved areas for the year for which the grant is sought to an area exceeding 6 500 hectares.

    (6) If, in any year, less than 500 hectares of land specified in subclause (4) is approved for the purposes of grants, the maximum area specified in subclause (5) is deemed to be increased by the amount by which the other approved area is less than 500 hectares.

    (7) If, in any year, less than 6 500 hectares of land specified in subclause (5) is approved for the purposes of grants, the maximum area specified in subclause (4) is deemed to be increased by the amount by which the other approved area is less than 6 500 hectares.

    Regulation 9(1): substituted, on 15 June 2007, by regulation 7 of the Forestry (East Coast) Grants Amendment Regulations 2007 (SR 2007/154).

    Regulation 9(2): substituted, on 15 June 2007, by regulation 7 of the Forestry (East Coast) Grants Amendment Regulations 2007 (SR 2007/154).

    Regulation 9(3): substituted, on 15 June 2007, by regulation 7 of the Forestry (East Coast) Grants Amendment Regulations 2007 (SR 2007/154).

10 Priorities

  • (1) The Minister may, in respect of all applications for approval certificates, or for any class or kind of those applications, fix priorities among them.

    (2) If any applications are accorded equal priority under subclause (1), the applications have precedence according to the order of their receipt.

11 Level of grant

  • The approving authority—

    • (a) must, in the approving authority's discretion, determine the amount of the grant, the manner of payment, and the conditions of payment; and

    • (b) must specify those matters in the approval certificate the authority issues in respect of the grant.

12 Entitlement to grants

  • The execution of the approval certificate by the approving authority entitles the landholder to receive the grant up to the amount, at the times, and subject to the conditions, specified in these regulations and in the approval certificate.

13 Approval certificate may include conditions

  • (1) An approving authority may include in an approval certificate any reasonable conditions relating to the work specified in the certificate or to the repayment of the grant (or both) that the approving authority thinks fit.

    (2) The conditions that may be included in an approval certificate include conditions relating to—

    • (a) the exclusion of stock from the area specified in the certificate:

    • (b) the maintenance of fences on the boundary of the area specified in the certificate:

    • (c) the maintenance of vegetation or seed sources:

    • (d) the repayment of the grant (together with any interest due and payable) if the certificate holder does not comply with any conditions in the approval certificate or in any non-use covenant, replanting covenant, or non-use agreement required by subclause (4).

    (3) Subclause (2) does not limit subclause (1).

    (4) It is a condition of every grant that the certificate holder must—

    • (a) register a non-use covenant or replanting covenant, of at least 50 years' duration, against the title of the land that includes the conditions specified in the certificate of approval; or

    • (b) if the Secretary thinks fit, execute a non-use agreement in relation to the land that includes the conditions specified in the certificate of approval.

    (5) The Secretary may exercise his or her discretion under subclause (4)(b) only after consultation with the Director-General of Conservation.

    Regulation 13: substituted, on 15 June 2007, by regulation 8 of the Forestry (East Coast) Grants Amendment Regulations 2007 (SR 2007/154).

14 Variation of approval certificates

  • (1) With the agreement of the holder of an approval certificate, the approving authority may, in writing, at any time while the certificate is in force, vary any term or condition of the certificate to reflect any change—

    • (a) in the boundaries of the area specified in the certificate; or

    • (b) in the operation to which the certificate relates.

    (2) With the agreement of the holder of an approval certificate, the approving authority may, in writing, at any time while the certificate is in force, vary the certificate to apply it to any specified additional area if—

    • (a) the additional area is contiguous to the approved area; and

    • (b) the holder of the certificate is the landholder for the additional area; and

    • (c) the additional area does not exceed 25 hectares; and

    • (d) the approving authority is satisfied that the addition of the area to the approved area will provide more effective land stabilisation boundaries for the approved area; and

    • (e) the landholder holds a certificate in respect of the additional area that complies with regulation 6(1)(b); and

    • (f) the landholder has furnished a plan in respect of the additional area that complies with regulation 6(1)(c).

    (3) Every additional area to which an approval certificate is applied under subclause (2) forms part of the approved area and is subject to all the terms and conditions applying in respect of the approved area under these regulations.

    (4) A variation made under subclause (1) or subclause (2) is effective on and from the date it is made or such later date as may be specified by the approving authority.

    Regulation 14(2)(e): amended, on 15 June 2007, by regulation 9(1) of the Forestry (East Coast) Grants Amendment Regulations 2007 (SR 2007/154).

    Regulation 14(2)(f): amended, on 15 June 2007, by regulation 9(2) of the Forestry (East Coast) Grants Amendment Regulations 2007 (SR 2007/154).

15 Maximum amount of grant payable in any 1 year

  • The amount of any forestry grant that may be paid in any 1 year must not exceed the amount approved for that year in the approval certificate.

16 Claims for payment

  • Every claim for payment under an East Coast forestry grant must—

    • (a) be made in the prescribed form by or on behalf of the landholder of the approved area in respect of which the claim is made; and

    • (b) be made after the work specified for any year in an approval certificate has been carried out by the landholder; and

    • (c) be accompanied by a certified account as to the expenditure incurred, and as may otherwise be reasonably required by the Secretary; and

    • (d) be accompanied by evidence, with appropriate and reasonable accuracy, as to the area of established trees or reversion, as the case may be.

17 Time for claim for payment

  • All claims for payment must be lodged with an approving authority within 3 months after the end of the year for which payment is claimed.

18 Payment

  • (1) Every payment under a grant is subject to the prior issue of a payment approval certificate endorsed by an approving authority.

    (2) The approving authority must not endorse any payment approval certificate for the purpose of approving any payment under a grant unless the authority is satisfied that—

    • (a) the required work for the relevant year has been carried out; and

    • (b) such work has been carried out to a satisfactory standard.

19 Effect of application and claim

  • The receipt by the Secretary of any application for an approval certificate or claim for payment authorises the Secretary, in respect of that application or claim,—

    • (a) to obtain all such information and require all such inspections to be made as the Secretary certifies are necessary to verify that the application or claim is in order for the purposes of these regulations; and

    • (b) to supply the Commissioner particulars of—

      • (i) the application, the claim, any approval certificate, any payment approval certificate, or certified account relating to that application; and

      • (ii) any claim for which application is made or under which payment is claimed; and

      • (iii) any payments made or payable under the grant; and

    • (c) upon compliance by the landholder with all requirements under these regulations, to arrange payment of money by way of a grant to the landholder or to an authorised agent of the landholder.

20 Transfer of grants

  • (1) Upon the transfer (whether by sale, exchange, gift, transmission, or otherwise) of ownership of a landholding that is wholly or in part an approved area, the landholder by whom that area is acquired may apply to the Secretary for the transfer into the landholder's name of the approval certificate.

    (2) The Secretary may, if the Secretary thinks fit, approve the transfer, subject, with any necessary modifications, to the terms and conditions on which it was originally issued and to all the requirements of these regulations.

21 Termination of grant

  • Subject to regulation 20, the right to receive an East Coast forestry grant is deemed to be terminated if the landholder ceases to be a landholder for the approved area in respect of which the grant has been approved.

22 Offences

  • (1) Every person commits an offence against these regulations who—

    • (a) applies for an initial approval certificate knowing that the person is not entitled to one under these regulations; or

    • (b) claims any payment under these regulations to which the person knows the person is not entitled; or

    • (c) supplies any information in relation to an application or claim under these regulations knowing that the information is misleading or incorrect.

    (2) Every person who commits an offence against these regulations is liable on summary conviction,—

    • (a) in the case of an individual, to a fine not exceeding $2,000, and, if the offence is a continuing one, to a further fine not exceeding $200 for every day during which the offence continues:

    • (b) in the case of a body corporate, to a fine not exceeding $12,000, and, if the offence is a continuing one, to a further fine not exceeding $1,200 for every day during which the offence continues.

23 Revocation

  • The Forestry (East Coast) Grants Regulations 1992 (SR 1992/301) are revoked.

Marie Shroff,
Clerk of the Executive Council.

Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 13 April 2000.

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 Forestry (East Coast) Grants Regulations 2000. The reprint incorporates all the amendments to the regulations as at 15 June 2007, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that have yet to come into force or that contain relevant transitional or savings provisions are also included, after the principal enactment, in chronological order.

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)