Forests (Planted Indigenous Forest Certificate) Regulations 2007

Reprint
as at 4 September 2007

Crest

Forests (Planted Indigenous Forest Certificate) Regulations 2007

(SR 2007/27)

Anand Satyanand, Governor-General

Order in Council

At Wellington this 26th day of February 2007

Present:
His Excellency the Governor-General 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.

The Forests (Planted Indigenous Forest Certificate) Regulations 2007 are administered by the Ministry of Agriculture and Forestry.


Pursuant to sections 67C, 67D, and 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 Forests (Planted Indigenous Forest Certificate) Regulations 2007.

2 Commencement
  • These regulations come into force on the 28th day after the date of their notification in the Gazette.

3 Purpose
  • The purpose of these regulations is to establish a mechanism for certifying that a forest is a planted indigenous forest for the purposes of Part 3A of the Forests Act 1949.

4 Interpretation
  • (1) In these regulations, unless the context otherwise requires,—

    Act means the Forests Act 1949

    certificate means a planted indigenous forest certificate issued under these regulations

    map means a diagram or aerial photograph that shows—

    • (a) the boundary of the land to which the application for certification relates; and

    • (b) the areas within that defined boundary where the indigenous timber trees or tree ferns have been planted

    milling statement means a statement issued by the Secretary under section 67D(1)(b)(i)(C) to confirm that the timber being milled has been or will be harvested from a planted indigenous forest

    owner

    • (a) means a person who owns any landholding; and

    • (b) includes—

      • (i) the owners of a landholding owned by 2 or more persons; and

      • (ii) a group of owners of a landholding.

    (2) Terms defined in the Act and used but not defined in these regulations have the same meanings as in the Act.

5 Application for certificate
  • (1) This regulation applies to an owner of land where seedlings of any indigenous timber trees or tree ferns have been planted on land that was not indigenous forest land immediately before—

    • (a) the planting; or

    • (b) the land was prepared for planting.

    (2) An owner, or, if more than 1 person is an owner of the land, all the owners jointly or their authorised representative, may apply in writing to the Secretary for a certificate.

    (3) An application must include—

    • (a) evidence of the landholding in the land to which the application relates, such as a copy of—

      • (i) the current computer freehold register; or

      • (ii) the current computer interest register; or

      • (iii) in the case of Māori land for which no computer freehold register has been issued, the title order and a current list of owners issued by, or available from, the Māori Land Court; and

    • (b) a map of the land to which the application relates; and

    • (c) evidence that the land was not indigenous forest land immediately before—

      • (i) the planting; or

      • (ii) the land was prepared for planting; and

    • (d) evidence, that may include photographs, to show the species of indigenous timber trees or tree ferns planted.

    (4) Before determining an application, the Secretary may request any further information that in his or her opinion is necessary to enable the Secretary to determine the application.

6 Issuing of certificate
  • (1) The Secretary may issue a certificate if and only if he or she is satisfied that the land to which the certificate relates—

    • (a) is planted with seedlings of indigenous timber trees or tree ferns; and

    • (b) was not indigenous forest land immediately before—

      • (i) the planting; or

      • (ii) the land was prepared for planting.

    (2) The Secretary must exclude from the certificate any part of that land that the Secretary considers does not wholly comprise planted indigenous forest.

7 Purpose of certificate
  • (1) The purpose of a certificate issued under regulation 6 is to provide evidence of the existence of a planted indigenous forest for the purpose of issuing a milling statement.

    (2) However, a certificate issued under regulation 6 does not limit the obligations of—

    • (b) the owner under any enactment or rule of law.

    (3) To avoid doubt, the fact that a certificate has not been issued under regulation 6 must not be used as evidence that indigenous timber trees or tree ferns are not planted indigenous forest.

Register

8 Register of certificates
  • As soon as is reasonably practicable after the commencement of these regulations, the Secretary must set up and maintain a register that includes a copy of all certificates issued under regulation 6.

Diane Morcom,
Clerk of the Executive Council.


Explanatory note

These regulations come into force 28 days after the date of their notification in the Gazette.

The regulations provide a mechanism for the Secretary of the Ministry of Agriculture and Forestry to certify at or after the time of planting seedlings of indigenous timber trees or tree ferns that the land was not, immediately before that planting or immediately before the land was prepared for that planting, wholly or predominantly under the cover of indigenous flora (indigenous forest land).

The Secretary must set up and maintain a register of certificates issued under these regulations.

The intention of these regulations is to facilitate the decision-making required under sections 67C(1)(g) and 67D(1)(b)(i)(C) of the Act.


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

Date of notification in Gazette: 1 March 2007.


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 Forests (Planted Indigenous Forest Certificate) Regulations 2007. The reprint incorporates all the amendments to the Forests (Planted Indigenous Forest Certificate) Regulations 2007 as at 4 September 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/legislation/reprints.shtml or Part 8 of the Tables of 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)