The Short Title of this Act is “The New Zealand State Forests Act, 1885.”

For the purposes of this Act,—

The Governor in Council may, by Proclamation published in the Gazette, set apart any forest lands forming part of the Crown lands in New Zealand as and for State forests within the provisions of this Act.

The Governor may appoint some one of the Responsible Ministers of the Crown in New Zealand to be the Commissioner of State Forests, hereinafter referred to as the Commissioner, for the purposes of this Act.

Subject to the provisions of this Act all State forests created under this Act, and all forest reserves already proclaimed as such under the provisions of any Act heretofore in force or otherwise, shall respectively be deemed to be in the possession of and under the control of the Commissioner.

The Commissioner shall, on behalf of Her Majesty the Queen, have all such powers, authorities, and duties as are, or under this Act may be conferred or imposed upon him; and all acts or things done by him under the authority of this Act shall be binding on Her said Majesty, her heirs and successors, and on the Commissioner for the time being acting under this Act.

No Commissioner shall be liable either in person or estate for any act or thing done by him under the authority of this Act.

The Colonial Treasurer shall cause a separate account to be kept in the Consolidated Fund, called the State Forests Account, to which shall be paid all rents, license fees, fines, penalties, awards for damage, the value of articles confiscated, and all other revenue of what kind soever accruing from the management of the State forests under the provisions of this Act, and which shall be charged with the salaries of all persons engaged in such management, and the contingent expenses relating thereto, and with the repayment of all moneys borrowed under the provisions of this Act, and the interest thereon.

The Commissioner may borrow from any person or persons willing to lend the same, or from the Treasurer, and the Treasurer may lend out of any Trust Funds under the control of the General Government of New Zealand, or out of any other funds available for investment, the sum of ten thousand pounds and such further sums as the General Assembly shall from time to time authorize, and such moneys shall be paid into “The State Forests Account,” and shall be applied in the management, improvement, and development of all or any State forests under the control of the Commissioner, or in the execution of any works authorized by this Act in or in connection with any State forest.

All moneys so borrowed, and the interest thereon, shall be deemed to be a first charge upon the revenues arising from State forests, and shall be repaid out of such revenues within the period of twenty years, computed from the date of such advance; and the Governor shall, by regulations published in the Gazette, fix and determine the mode in which such repayment shall be secured and effected, and the rate of interest and sinking fund in respect of each advance, and the nature and terms of the securities to be given.

If the Commissioner is hereafter authorized to borrow in excess of such ten thousand pounds, the additional amount authorized shall rank equally with the said ten thousand pounds as a first security on the State Forests Account.

The Commissioner may grant licenses to cut timber in any State forest; but every such license shall be subject to the regulations for the time being in force under the authority of this Act regulating the cutting of such timber.

The Commissioner may grant to any such licensee all such way-leaves over any part of any State forest as may be necessary for the purpose of leading and carrying away any timber cut therein, but every such way-leave shall be subject to the regulations for the time being in force relating to the use of way-leaves.

The Commissioner may grant to any such licensee the right of floating timber cut by him, either in log or in raft, down any river or stream within the limits of the forest in which the same has been cut, in manner provided by “The Timber-floating Act, 1884;” but such licensee shall in every such case alone be liable for any injury done by the exercise of such right.

The Governor may, for the purposes of this Act, from time to time appoint and remove all the officers and servants required for the purposes of this Act, including one or more conservator or conservators of State forests.

The salaries of all officers and servants engaged in or about the administration of this Act, and all other expenses whatsoever to be incurred in such administration, shall be subject to the appropriation of the General Assembly.

The Governor may from time to time fix and determine what part or parts of any State forest created under the provisions of this Act shall be under the management of any conservator appointed as aforesaid.

The Governor in Council may from time to time make, alter, or repeal such regulations for all or any of the purposes next hereinafter mentioned in relation to State forests, that is to say,—

For regulating the duties of conservators and other officers and servants employed in State forests under this Act, and prescribing what acts or omissions by such officers shall be punishable by penalties as breaches of such regulations, and limiting the amount of such penalties, and for prescribing and regulating the powers of such officers for preventing the cutting, removing, and destruction of timber contrary to the provision of this Act and the regulations made thereunder.

For prescribing the mode and form of application for licenses or grants of privileges in State forests, and the terms and conditions of such licenses and grants;

For regulating the seasons at, and mode in which the licensees or grantees of privileges may fell trees reserved, and cut or remove timber or bark;

For requiring such licensees and grantees to take from all trees cut down all the timber fit for use;

For preventing all unnecessary destruction of growing timber in State forests, and for the planting of trees and renewal of forests;

For preventing the danger and spread of fire in State forests;

For prohibiting trespassing in State forests and for regulating access thereto;

For the protection of roads in State forests;

For regulating and authorizing the construction, maintenance, and use of tramways, railroads, and other roads and ways in State forests, and for charging rents, tolls, or other dues for the use of tramways, railroads, and other roads and ways in State forests;

And generally for facilitating and more effectually carrying into execution the objects of this Act; and, until any such regulations shall have been made, the regulations set forth in the Schedule to this Act shall be in force within any State forest.

Any regulations for the time being in force under the last preceding section may be made applicable to State forests generally, or to any part or parts thereof.

The Governor in Council may by any such regulation, to be made under this Act, impose reasonable penalties not exceeding fifty pounds for any one offence, and every such regulation shall be so framed as to allow the Justice or Justices before whom any such penalty may be sought to be recovered, to order a part only of such penalty to be paid if such Justice or Justices shall think fit.

Every regulation made under this Act shall be published in the Gazette and in some newspaper generally current in the district comprising any State forest affected thereby, and shall come into operation and shall have the force of law upon a day to be named therein, and the production of a Gazette, containing therein printed matter purporting to be a regulation made under this Act, shall be sufficient proof thereof.

Where any license or grant of privilege made under this Act shall have become liable to forfeiture by reason of the breach or nonperformance of any condition or provision therein contained or implied, the Commissioner shall have the right, without any suit or other proceeding at law, or in equity, or compensation to the licensee or grantee, to cancel the same, and to make a new license or disposition of the rights and privileges described therein to any other person at any time during the term of the licence or grant so cancelled. Provided that the Commissioner, if he see fit, may refrain from enforcing the forfeiture of such license or grant for non-payment of rent or other moneys.

The Commissioner may from time to time set apart any portion of any State forest for occupation by labourers employed in connection with such forests, and may, subject to appropriation by the General Assembly, apply moneys forming part of the State Forests Account for the erection of dwellings on the land so set apart, and may grant to any labourer a license to occupy any such land, with or without a dwelling thereon, subject to the payment of rent for the use of the same with or without a purchasing clause, and subject to such regulations as to the mode and terms of such occupation as shall from time to time be made by the Governor in Council in that behalf Provided that the area granted to any one person shall not exceed twenty acres.

The Governor may, by Order in Council, from time to time, delegate to the Commissioner or to any conservator any of the powers vested in him by the provisions of this Act, excepting the powers conferred by clauses fifteen, sixteen, and seventeen; and the Commissioner may, with the consent of the Governor in Council, from time to time delegate to any conservator any of the powers vested in him by this Act. Any such delegation may be made subject to such terms and conditions as shall in each case be deemed expedient, and may from time to time be revoked or altered.

The Governor in Council may, from time to time by Order in Council, direct that any of the powers given by this Act to or delegated to any conservator under the provisions of this Act shall, from and after a date to be mentioned in such order, be exercised by such conservator only with the consent and approbation of any local body exercising jurisdiction within any district comprising all or any part of any State forest, and may, by any such order, annex to any such direction as aforesaid any terms or conditions which he shall think fit.

The Commissioner may, with the consent of the General Assembly, establish schools of forestry and agriculture within any of the State forests created under the provisions of this Act, and may, out of the State Forests Account, provide for the cost of erecting, establishing, and maintaining any such school, and may from time to time regulate the mode and class of instruction to be given in such schools: Provided, however, that the same shall not be inconsistent with the principles set forth in the Acts for the time being in force for regulating the education of the people in New Zealand.

The Minister may at any time establish a school of forestry and agriculture on that parcel of land containing three thousand eight hundred and ninety-one acres, more or less, and known as the Kioreroa Block, situated in the Purua and Whangarei Survey Districts, as the same is defined in the Schedule to “The Whangarei High School Act, 1878.”

From and after the opening of such school, the land aforesaid shall become vested in Her Majesty for the purposes of such school, and shall no longer be vested in the Board of Governors of the Whangarei High School, as provided by the said Act.

“The Whangarei High School Act, 1878,” shall be repealed from and after the day upon which it is notified in the Government Gazette that the school for forestry and agriculture authorized to be established has been opened under this section.

Any conservator or other officer appointed under this Act may without warrant apprehend any unauthorized person found cutting or removing any timber or bark on or from any lands forming part of a State forest under this Act; and any person so apprehended shall be taken as soon as reasonably may be before some Justice of the Peace to be dealt with according to law.

Any person found within any State forest, or on any road in its vicinity, and having in his possession any tree or part of a tree, who, on being thereunto required by any conservator of forests or other officer under this Act, or by any person having a right to cut wood on any such forest or part thereof, or by any one acting on behalf of such person, refuses to give a satisfactory account of the manner in which he became possessed of any such tree or part of a tree may be taken by the party interrogating him before any Justice of the Peace, and if such person does not satisfy the Justice that he came lawfully by the said tree or part of a tree, he shall on conviction by such Justice forfeit and pay over and above the value of such tree or part of a tree so found any sum not exceeding five pounds.

All penalties imposed by this Act, or any regulation made hereunder, shall be recoverable only on summary conviction before any Justice or Justices of the Peace.

The provisions of Part V. of “The Land Act, 1877,” are hereby repealed, but shall, notwithstanding, remain in full force so far as relates to anything done, appointment or instrument made, right or privilege accrued, work authorized, offence committed, forfeiture, penalty, or liability incurred, action, prosecution, or proceeding commenced under the authority of or against the provisions of the said Act before the passing of this Act.

“The Forest Trees Planting Encouragement Act, 1871,” “The Forest Trees Planting Encouragement Act Amendment Act, 1872,” and “The Forest Trees Planting Encouragement Acts Amendment Act, 1879,” are hereby repealed; but shall, notwithstanding, remain in fall force so far as relates to anything done or commenced, appointment or instrument made, right or privilege accrued or accruing, work authorized, offence committed, forfeiture, penalty, or liability incurred, action, prosecution, or proceeding commenced under the authority of or against the provisions of the said Acts before the passing of this Act.

In case there shall be no fairly good land, of which the Commissioner shall be the judge, available for the purpose of satisfying the claim of any person under the provisions of section three of “The Forest Trees Planting Encouragement Act, 1871,” the Commissioner may agree to pay to any such person out of the State Forest Account a sum not exceeding two pounds in lieu of each and every acre of land to which such person would have been entitled under such provisions.

The Commissioner may enter into agreements with local bodies, subject to moneys for the purpose being voted by the General Assembly, to give them subsidies for planting reserves or for establishing plantations.

All the provisions of any Act in force at the time of the passing of this Act, relating to State forests or forest reserves which are inconsistent with or repugnant to this Act, shall be deemed to be repealed by this Act.