to establish and maintain a registration system for log traders and forestry advisers:

to promote to persons in the forestry supply chain—

to develop, maintain, and promote to registered persons the forestry practice standards:

to develop, maintain, and promote to registered forestry advisers a code of ethics for registered forestry advisers:

to facilitate the education and professional development of registered persons:

to monitor the compliance of registered persons with their obligations under this Part, including compliance with applicable forestry industry agreements (see section 63ZZE(g)):

to establish a process for resolving complaints and disputes relating to registered persons:

to establish and maintain public registers of registered persons.

they have the capability to perform the function or exercise the power (including having robust systems, accountability measures, and administrative expertise); and

they have experience and expertise in the forestry and wood-processing sector; and

there is broad industry support for them to perform the function or exercise the power; and

they will allow for a range of different parties who work in the forestry and wood-processing sector to have input into their governance; and

the performance of the function, or exercise of the power, by them is likely to be more timely, cost-effective, and efficient than it would have been otherwise.

in writing; and

within 10 working days after the date of the notice.

verify that a registered log trader or registered forestry adviser is complying with their obligations under this Part; or

gather statistical information for understanding the forestry supply chain.

in writing; and

within a reasonable time.

is a registered log trader; or

is within a class of persons who are exempt from the requirement to be registered (see section 63ZZN(1)(a)(i)).

is a registered log trader; or

is exempt from the requirement to be registered.

a person who, in trade,—

a person who does any of the things specified in paragraph (a) as the agent for another person:

a company that, in trade, transfers the ownership of New Zealand logs to or from a related company, whether the transfer relates to logs after harvest or in the form of trees to be harvested at an agreed time.

if the person carried out the activity in the previous full financial year,—

if the person did not carry out the activity in the previous full financial year, the person’s activity in the current financial year (as a new trader) is reasonably expected by that person not to, and does not in fact, involve more than the threshold volume of logs:

the activity is activity described in subsection (1)(c) that is within a class of transactions or transfers for which there is an exemption (see section 63ZZN(1)(b)):

the activity is the shipping or transporting of logs, or associated logistical activities.

is a fit and proper person to be a registered log trader; and

meets the entitlement criteria set by regulations made under section 63ZZE(c).

the matters set out in regulations made under section 63ZZE(e); and

any other matters that the Authority considers relevant.

adhere to the forestry practice standards (see section 63ZZL); and

adhere to any agreement—

continue to meet the criteria for entitlement to be a registered log trader; and

keep records as required by regulations made under section 63ZZE(h); and

report to the Forestry Authority as required by regulations made under section 63ZZE(i) and (j); and

comply with any other obligations that apply to registered log traders under this Part, including obligations set by regulations made under section 63ZZE(l).

is a registered forestry adviser who is authorised to provide that service; or

is within a class of persons who are exempt from the requirement to be registered (see section 63ZZN(1)(a)(ii)); or

is within a class of persons who are exempt from the requirement to be authorised to provide that service (see section 63ZZN(1)(a)(iii)).

is a registered forestry adviser; or

is authorised to provide a forestry adviser service; or

is exempt from the requirement to be registered or authorised.

giving advice that relates to—

acting on behalf of another person in relation to their sale or purchase of timber or other forest produce:

making inspections or preparing reports in connection with another forestry adviser service:

any other service identified as a forestry adviser service by regulations made under section 63ZZE(b).

incidental to, and not the principal part of, their business; or

the provision of advice on space plantings, riparian strips, or farm shelter belts; or

the provision of advice only in their professional capacity as a member of an occupation that is subject to a licensing or registration regime under another Act (for example, the Real Estate Agents Act 2008, the Financial Service Providers (Registration and Dispute Resolution) Act 2008, the Lawyers and Conveyancers Act 2006, or the New Zealand Institute of Chartered Accountants Act 1996); or

any activity in their capacity as a Minister of the Crown or a member of Parliament; or

the provision of a service that is within a class of services for which there is an exemption (see section 63ZZN(1)(c)).

is an individual; and

is a fit and proper person to provide a forestry adviser service; and

meets the entitlement criteria set by regulations made under section 63ZZE(c).

the matters set out in regulations made under section 63ZZE(e); and

any other matters that the Authority considers relevant.

adhere to the forestry practice standards (see section 63ZZL); and

adhere to the code of ethics for registered forestry advisers (see section 63ZZM); and

adhere to any agreement—

continue to meet the criteria for entitlement to be a registered forestry adviser; and

comply with any conditions of the registration, whether imposed by the Forestry Authority under section 63U or by regulations made under section 63ZZE(k); and

keep records as required by regulations made under section 63ZZE(h); and

report to the Forestry Authority as required by regulations made under section 63ZZE(i) and (j); and

comply with any other obligations that apply to registered forestry advisers under this Part, including obligations set by regulations made under section 63ZZE(l).

be made to the Forestry Authority in the form approved by the Authority for that purpose; and

include the information specified by regulations made under section 63ZZE(m); and

be accompanied by payment of the application fee that is set by regulations made under section 63ZZH.

register the applicant; and

notify the applicant of the following:

the decision; and

the reasons for the decision; and

the right of review under section 63Z.

be made to the Forestry Authority in the form approved by the Authority for the purpose; and

be made at least 3 months before the date on which the registration is due to expire; and

include the information specified by regulations made under section 63ZZE(m); and

be accompanied by payment of the application fee that is set by regulations under section 63ZZH.

renew the registration, with effect on the day after the date on which the previous registration expires; and

notify the applicant of the following:

it must notify the applicant of—

the person must be treated as if they were still registered until they have exhausted that right of review.

impose conditions on the registration of a log trader or forestry adviser; and

at any time, modify the conditions of registration.

may only be imposed if the Forestry Authority is satisfied that the log trader has engaged in unsatisfactory conduct (as defined in section 63ZI); and

may only set requirements needed to enable the Forestry Authority to monitor the person’s compliance with their obligations under this Part.

requirements relating to different categories of registration established by the Authority:

requirements for education, relevant workplace experience, or professional development that must be met to achieve or maintain registration:

the advice that a forestry adviser may provide under different categories of forestry adviser service established by the Forestry Authority:

any other requirements needed to ensure that the forestry adviser will comply with their obligations under this Part and provide services, in their capacity as a registered person, in accordance with the practice standards, code of ethics, and generally accepted professional standards.

the decision; and

the reasons for the decision; and

the right of review under section 63Z.

impose or modify a condition of the person’s registration under section 63U to enable the Forestry Authority to monitor the person’s compliance with their obligations under this Part:

issue a notice to warn the person that the Forestry Authority may consider a failure to address the unsatisfactory conduct as satisfying the test in section 63ZI for misconduct:

if the person is a log trader, issue a notice under section 63W to require the person to rectify any error or omission.

decline an application for renewal of the person’s registration under section 63T:

suspend the person’s registration under section 63X:

consider whether there are grounds to prosecute the person for an offence under section 63ZK.

a person has, in their capacity as a registered log trader, engaged in unsatisfactory conduct (as defined in section 63ZI); and

the unsatisfactory conduct involves an error or omission on the part of the person.

to rectify, at their own expense, the error or omission; or

where it is not practicable to rectify the error or omission, to take steps to provide, at the person’s own expense, relief, in whole or in part, from the consequences of the error or omission.

give the registered person 15 working days’ notice of its intention to suspend their registration, including reasons for the decision to suspend; and

in its notice of intention, invite the person to provide information to satisfy the Forestry Authority that the decision to suspend is inappropriate.

the decision; and

the right of review under section 63Z.

the date on which the person has exhausted their right of review under section 63Z in respect of the decision to suspend (after which the registration is revoked under section 63Y); or

any earlier date on which the Authority notifies the person that the suspension is lifted.

if the registration is suspended under section 63X and the person has exhausted their right of review under section 63Z in respect of the decision to suspend; or

at the request of the registered person.

a decision to decline an application for registration as a log trader or forestry adviser (see section 63Q):

a decision to decline an application for renewal of the registration of a log trader or forestry adviser (see section 63T):

a decision to impose or modify a condition of registration (see section 63U):

a decision to issue a notice requiring a registered log trader to rectify an error or omission (see section 63W):

a decision to suspend the registration of a log trader or forestry adviser (see section 63X).

be made to the Secretary, in writing, within 30 days after the decision was notified to the applicant; and

state the grounds on which it is believed that the decision was inappropriate.

for a decision made by the Secretary, a person appointed by the Minister under subsection (2); and

for a decision made by a person who is acting under the delegated authority of the Secretary,—

within 60 days after receiving the application; or

within an extended period not exceeding a further 30 days that the reviewer notifies to the applicant in writing before the 60 days end.

the reviewer may require the applicant to supply, within the time specified by the reviewer, information additional to that contained in the application for review; and

the time taken to supply the additional information (or allowed for its supply, if the information is not in fact supplied) is not to be counted for the purposes of the time limits specified in subsection (2).

the decision on the review; and

the reasons for the decision; and

the right of appeal under section 63ZC.

falls short of the standard that a reasonable member of the public is entitled to expect from a reasonably competent registered person; or

contravenes the person’s obligations under this Part in a way that is more than minor or inconsequential; or

is incompetent or negligent; or

would reasonably be regarded by registered persons of good standing as being unacceptable.

they engage in conduct that would reasonably be regarded by registered persons of good standing, or reasonable members of the public, as disgraceful; or

they wilfully or recklessly fail (whether by act or omission) to meet an obligation under this Part that is more than minor or inconsequential; or

they commit a serious offence, or are involved in a serious matter, that is specified by regulations made under section 63ZZE(f).

owners of forests or proposed forests:

registered, or previously registered, log traders:

registered, or previously registered, forestry advisers.

section 63H(1) (requirement for log traders to be registered); or

section 63H(2) (requirement not to falsely hold out that a person is a registered log trader); or

section 63K (obligations of registered log trader); or

section 63L(1) (requirement for forestry advisers to be registered); or

section 63L(2) (requirement not to falsely hold out that a person is a registered forestry adviser or authorised to provide a forestry adviser service); or

section 63O (obligations of registered forestry adviser); or

section 63P(2) (requirement not to provide false or misleading information in application for registration); or

section 63S(2) (requirement not to provide false or misleading information in application for renewal of registration).

did not know that the information they provided was false or misleading; and

exercised all reasonable care and due diligence to ensure that the information provided was not false or misleading.

if the person is an individual, to a fine not exceeding $40,000; and

in any other case, to a fine not exceeding $100,000.

the register of log traders maintained under section 63ZN; or

the register of forestry advisers maintained under section 63ZO.

to enable members of the public to know whether a person is a registered log trader and, if so, how to contact the person; and

to assist with the enforcement of the provisions of this Part.

the person’s trading name and contact details; and

the date on which the person became registered; and

the date on which the registration expires; and

any other information required by regulations made under section 63ZZE(o).

to enable members of the public to know—

to assist with the enforcement of the provisions of this Part.

details of which forestry adviser services the person is authorised to provide; and

the person’s name and contact details; and

the date on which the person became registered; and

the date on which the registration expires; and

any other information required by regulations made under section 63ZZE(o).

must determine the form in which the forestry registers will be kept; and

may amend the form from time to time as it considers necessary, as long as the content of the registers is as set out in sections 63ZN and 63ZO.

make the forestry registers available for public inspection at all reasonable times, free of charge, by publishing them on an Internet site maintained by, or on behalf of, the Forestry Authority; and

supply a copy of information contained in a forestry register to anyone who requests it, at no more than a reasonable cost.

a person whose physical address is entered on a forestry register may apply to the Secretary to have the address withheld from inspection or other disclosure—

the Secretary must ensure that the address is not available for inspection or disclosure, if satisfied that—

the Secretary is satisfied that the other person needs the address to exercise a legal right, or satisfy a legal obligation, in relation to the first person (for example, to serve notice on them); and

before providing the address, the Secretary gives notice to the first person specifying—

equity, in that funding for a particular function, power, or service, or a particular class of functions, powers, or services, should generally, and to the extent practicable, be sourced from the users or beneficiaries of the relevant function, power, or service at a level commensurate with their use or benefit from the function, power, or service:

efficiency, in that costs should generally be allocated and recovered in order to ensure that maximum benefits are delivered at minimum cost:

justifiability, in that costs should be collected only to meet the actual and reasonable costs (including indirect costs) of the provision or exercise of the relevant function, power, or service:

transparency, in that costs should be identified and allocated as closely as practicable in relation to tangible service provision for the recovery period in which the service is provided.

there need not be a strict apportionment of the costs to be recovered for a particular function or service based on usage; and

without limiting the way in which fees or charges may be set, a fee or charge may be set at a level or in a way that—

fixed fees or charges:

fees or charges based on a scale or formula or at a rate determined on an hourly or other unit basis:

use of a formula or other method of calculation for fixing fees and charges:

the recovery by way of fee or charge of actual and reasonable costs expended in, or associated with, the performance of a service or function:

estimated fees or charges, or fees or charges based on estimated costs, paid before the provision of the service or function, followed by reconciliation and an appropriate further payment or refund after provision of the service or function:

levies:

any combination of the above.

must have been made before the start of that financial year, unless subsection (2) applies; and

apply in that financial year and all subsequent financial years until revoked or replaced, unless the regulations provide otherwise.

the fee, charge, or levy is reduced, removed, or restated without substantive alteration; or

in the case of an increased or a new fee, charge, or levy,—

make provision for recovery in any relevant financial year of any shortfall in cost recovery for any of the preceding 4 financial years; or

make allowance for any over-recovery of costs in those years (including any estimated shortfall or over-recovery for the immediately preceding financial year).

is to be treated as levy money held on trust for the Secretary; and

is not available for the payment of any creditor (other than the Secretary) of the levy collector, and is not liable to be attached or taken in execution at the instance of the creditor.

withdraw, or refuse to provide the person with, a service of the kind to which the debt relates; or

refuse to perform a function under this Part leading to the registration of the person in default.

must give the person written notice of its intention to act under subsection (1) at least 10 working days before it acts; and

must not act if the person satisfies the Authority during that period that the debt is not payable.

the debt or part concerned is paid; or

the debt or part concerned is not payable; or

some lesser amount is payable, and the amount is paid.

that the regulations are necessary or desirable for the purpose of this Part (see section 63A); and

for regulations relating to cost recovery, that the requirements of the following sections have been met (to the extent appropriate in the circumstances):

for other regulations, that there has been appropriate consultation with affected persons or representatives of persons substantially affected, including representatives of tangata whenua, forestry industry bodies, and unions (as defined in section 5 of the Employment Relations Act 2000).

authorise the person to make rules, on the recommendation of the Minister, for any of the purposes for which the regulations may be made, to the extent that the rules relate to the delegated function or power; and

set limits for the authorisation (for example, the maximum amount for a fee or charge).

the regulations must require that the Minister be satisfied of the matters set out in section 63ZZC before recommending that rules be made; and

for the purpose of paragraph (a), section 63ZZC must be read as if the references in that section to regulations were references to the rules; and

if the rules relate to cost recovery, sections 63ZT to 63ZW apply with all necessary modifications.

the rules are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements); and

the regulations must contain a statement to that effect.

specify a volume of logs for the purpose of the definition of threshold volume in section 63I(3) (to determine who has to register as a log trader under section 63H):

identify a service as a forestry adviser service (see section 63M(1)(d)):

set criteria for entitlement to be registered as a log trader or a forestry adviser (see sections 63J(1)(b) and 63N(1)(c)):

in relation to the entitlement criteria for a registered forestry adviser, provide for qualifications gained, or professional memberships held, in a country outside New Zealand to be treated as meeting criteria set under paragraph (c):

set matters the Forestry Authority must take into account in determining whether a person is a fit and proper person to be registered as a log trader or forestry adviser (see sections 63J(2)(a) and 63N(2)(a)):

specify offences or matters that are serious for the purposes of section 63ZI(4)(c) (relating to misconduct):

identify an agreement entered into by participants in the forestry and wood-processing sector as an applicable forestry industry agreement for the purpose of sections 63K(b)(ii) and 63O(c)(ii):

set requirements in relation to the records that registered persons must keep, how they are to be kept, and for how long (see sections 63K(d) and 63O(f)):

require registered persons to report to the Forestry Authority on a regular basis (see sections 63K(e) and 63O(g)), to enable the Forestry Authority to monitor the compliance of registered persons with their obligations under this Part:

specify when reports referred to in paragraph (i) must be made and what information they must contain:

set conditions of registration for forestry advisers that will apply generally (see section 63O(e)) or restrict the conditions of registration that may be imposed by the Forestry Authority under section 63U:

set additional obligations that will apply to registered persons (see sections 63K(f) and 63O(h)), which may include, for registered forestry advisers, a requirement to undertake ongoing professional and technical training:

specify the information that must be included in an application for registration as a log trader or forestry adviser, or an application for renewal of the registration (see sections 63P(1)(b) and 63S(1)(c)):

set the registration period that will apply to log traders, forestry advisers, or both (see section 63R):

specify information that must be kept on a forestry register (see sections 63ZN(3)(d) and 63ZO(3)(e)).

establish a complaints panel and its procedures:

require the Forestry Authority to forward any complaint to the panel:

authorise the panel to require registered persons to provide information relating to a complaint:

require the panel to publish its findings:

if the panel finds that a registered person has, or may have, engaged in unsatisfactory conduct or misconduct, require the panel to—

set the amounts of fees and charges for the purposes of this Part:

set the method by which the amount of any fee or charge is to be calculated:

provide for exemptions from, or waivers or refunds of, a fee or charge, in whole or in part, in any class of case:

authorise the Secretary or another person to grant an exemption, waiver, or refund in any particular case or class of case.

differ depending on whether a special or urgent service is provided:

include more than 1 level of fee or charge for the same service provided in different ways, or provided in, or in respect of, different places:

differ for otherwise similar services provided in different ways:

differ depending on the amount of service required or the components of the service required for the particular person.

an instrument granting an exemption, waiver, or refund is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements), unless it applies only in a particular case; and

the regulations must contain a statement to that effect.

impose a levy payable to the Secretary for the purpose of wholly or partially funding the services provided and functions performed by the Forestry Authority:

provide for exemptions from, or waivers or refunds of, a levy, in whole or in part, in any class of case:

authorise the Secretary to grant an exemption, waiver, or refund in any particular case or class of case.

the persons primarily responsible for paying the levy; and

the basis on which the amount of levy is to be calculated or ascertained; and

the persons (if any) to be exempt from paying the levy; and

the persons responsible for collecting the levy from those primarily responsible for paying it; and

the maximum rate of levy; and

how the actual rate of the levy is to be set; and

how the rates of the levy and variation of rates are to be notified; and

whether the persons collecting the levy are entitled to recover the cost of levy collection and the estimated amount.

the making of returns to the Forestry Authority for the purpose of enabling or assisting the determination of amounts of levy payable:

the circumstances in which, and conditions subject to which, persons may be allowed extensions of time for the payment of any levy:

the payment of additional or increased levy when amounts of levy otherwise payable have been paid late, paid in part, or not paid at all:

the holding of funds from which payments of levy are to be made, on trust in separate accounts.

are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements); and

must be confirmed by an Act (see subpart 3 of Part 5 of the Legislation Act 2019).

an instrument granting an exemption, waiver, or refund is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements), unless it applies only in a particular case; and

the regulations must contain a statement to that effect.