Forests Act 1949

Reprint as at 7 August 2020

Coat of Arms of New Zealand

Forests Act 1949

Public Act
 
1949 No 19
Date of assent
 
11 October 1949
Commencement
 
see section 1
Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry for Primary Industries.

Contents

Title
1Short Title and commencement
2Interpretation
Part 1
Administration
3Minister of Forestry
4Delegation of Minister’s powers [Repealed]
4ADelegation of powers by Secretary [Repealed]
5New Zealand Forest Service [Repealed]
6Conservancies [Repealed]
7Director-General of Forests [Repealed]
8Appointment of Conservators of Forests [Repealed]
9Deputy of Secretary [Repealed]
10Appointment of other officers
11Forestry officers
12Officers not eligible to hold licence or lease under this Act [Repealed]
13Protection of forestry officers, etc
14Functions of the Forest Service [Repealed]
15Powers of Minister
15APowers in respect of leased land [Repealed]
15BCollection and disclosure of statistical information
Financial provisions
16Receipts and expenditure
17Proportion of timber royalties applicable for roadmaking in certain cases [Repealed]
Part 2
State forest land
18Minister may set apart land as State forest land [Repealed]
18ACertificates of title for State forest land [Repealed]
19Effect of setting apart land as State forest land [Repealed]
20Forest sanctuaries [Repealed]
21Errors of description in Proclamations may be amended [Repealed]
22Exchanges of land and forest produce [Repealed]
23Fencing of State forest land [Repealed]
24State forest land not to be dealt with except pursuant to this Act [Repealed]
25Maps of State forest land to be prepared and recorded [Repealed]
26Management plans [Repealed]
27Forest produce presumed to be the property of the Crown [Repealed]
28Property in forest produce not to pass until paid for [Repealed]
29Power to sell by auction without licence as auctioneer [Repealed]
Licenses, leases, permits, etc
[Repealed]
30Power to grant licences, leases, permits, etc [Repealed]
31Licences [Repealed]
32Leases [Repealed]
33Permits [Repealed]
34Service tenancies [Repealed]
35Mining privileges and coal-mining rights [Repealed]
36Timber-cutting leases or licences over coal-bearing lands in State forests [Repealed]
37Minister to enforce obligations of licensee, etc [Repealed]
38Boundaries to be kept clear [Repealed]
39Forfeiture of forest produce not removed during currency of licence [Repealed]
40Forfeiture of licences, etc [Repealed]
41Production of licence, etc, on demand [Repealed]
41ASeizure of firearms [Repealed]
42Power of entry on land [Repealed]
Seizure of forest produce
[Repealed]
43Seizure of forest produce [Repealed]
44Procedure subsequent to seizure [Repealed]
45Disposal of forfeited produce [Repealed]
Protection of State forest land against fire
[Repealed]
46Unlawful lighting of fires on State forest land [Repealed]
47Offence to leave burning or smouldering substance [Repealed]
48Right holders to provide firefighting equipment [Repealed]
49Duty to endeavour to extinguish fires [Repealed]
50Offence not to comply with 2 last preceding sections [Repealed]
51Requisition of assistance to extinguish fires [Repealed]
52Costs of firefighting [Repealed]
53Operation of Forest and Rural Fires Act 1947 [Repealed]
Offences
54False entries or returns
55Unlawful cutting or removal of forest produce [Repealed]
56Unlawful interference with property of Crown [Repealed]
57Offences with respect to State forest land and wildlife thereon [Repealed]
58Cattle trespassing on State forest land may be destroyed [Repealed]
59Offences with respect to forestry officers
60Other offences
61General penalty for offences
62Liability for loss or damage
63Limitation of proceedings
Part 2A
Use of State forest land for public recreation
[Repealed]
63ARecreation areas [Repealed]
63BEstablishment of State forest parks [Repealed]
63CManagement plans for State forest parks [Repealed]
63DOpen indigenous State forests [Repealed]
63EWilderness areas [Repealed]
63FRegulations as to use of State forest land for public recreation [Repealed]
63GOffences [Repealed]
63HApplication of other Parts of this Act [Repealed]
Part 3
Ministry of Forestry administration of private forests
64Minister of Forestry may act as agent for owner of private forest
65Sale of Maori-owned forest [Repealed]
66Administration of certain timber-bearing land in Buller Coalfield Reserve [Repealed]
67Revenue under last preceding section [Repealed]
Part 3A
Provisions relating to indigenous forests
67APart binds the Crown
67ABPart does not permit felling or harvesting other than in accordance with relevant enactment
67BPurpose
Export controls
67CProhibition on export of certain indigenous forest produce
Sawmill controls
67DProhibition on milling indigenous timber
67DAForests on specified Maori land to which sawmill controls apply
Felling controls
67DBProhibition on felling indigenous timber
Sustainable forest management plans
67ESustainable forest management plans
67FProcedure for approval of sustainable forest management plans
67GNotice requirements
67HSecretary’s power to require amendments to plans
67IOther provisions relating to review and amendment of sustainable forest management plans
67JMatters to be incorporated in sustainable forest management plans
67KSustainable forest management plan to be recorded against record of title
67LPlan not to constitute subdivision
Miscellaneous provisions
67MSustainable forest management permits
67NProvisions relating to representative area to be set aside
67OBeech coupe size
67PRights of appeal
67QRecords
67RPowers of entry and seizure
67SForfeiture of seized indigenous timber
67TOffences
67UPenalties
67VRelationship of Part with Resource Management Act 1991
Part 3B
Mechanism allowing landowners to access value created by Kyoto Protocol of carbon sequestration on land through establishment of forest sink covenants
67WPurpose of Part
67XInterpretation of Part
Subpart 1—Forest sink covenants
67YRegulation-making powers for forest sink covenants
67ZContent of forest sink covenants
67ZALandowner must obtain written consent of interested persons to enter into, vary, or cancel forest sink covenants
67ZBNothing in Part makes Crown liable
67ZCSections 316 to 318 of Property Law Act 2007 do not apply to forest sink covenants
67ZDRegistrar-General of Land to register forest sink covenants
67ZEThe Crown may register charges with respect to land subject to forest sink covenants in certain circumstances
67ZFLiability to the Crown of persons who have or had landholding subject to registered forest sink covenants
67ZGMinister must give notice to Registrar-General of Land if forest sink covenants are varied, cancelled, or terminated
Subpart 2—Cost recovery
67ZHPrinciples of cost recovery
67ZIMethods of cost recovery
67ZJCost recovery to relate generally to financial year
67ZKMinister may review levels and methods of cost recovery
67ZLFees and charges to be prescribed by regulations
67ZMLevies
67ZNContents of levy order
67ZOTrust accounts required to be kept by persons collecting levies
67ZPExemptions, waivers, and refunds
67ZQFees, levies, and charges to constitute debt due to Secretary
67ZRPenalties for failure to pay fee, levy, or charge
67ZSObligation to pay fee, levy, charge, or penalty not suspended by dispute
67ZTLevy orders are confirmable instruments
67ZURelationship of Part with Resource Management Act 1991
Part 4
Miscellaneous provisions
68Annual report [Repealed]
69Control of injurious importations and exportations [Repealed]
70Regulations as to control and eradication of diseases affecting trees, etc [Repealed]
70ACompensation for destruction [Repealed]
71Plants Act 1970 not affected [Repealed]
71ARegulations as to establishment and powers of Timber Preservation Authority [Repealed]
71BRestrictions on exercise of power of entry
71CPowers relating to ships [Repealed]
72Regulations
72ARemuneration and expenses
73Repeals and savings
Schedule 1
Enactments repealed
Schedule 2
Provisions relating to sustainable forest management plans
Forests Amendment Act 2004
Reprint notes

An Act to consolidate and amend the law relating to forestry

Title: replaced (with effect on 1 April 1987), on 1 July 1987, by section 2 of the Forests Amendment Act 1987 (1987 No 118).