Forestry Encouragement Act 1962

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Reprint as at 12 November 2018

Coat of Arms of New Zealand

Forestry Encouragement Act 1962

Public Act
 
1962 No 20
Date of assent
 
8 November 1962
Commencement
 
8 November 1962

Act name: replaced, on 28 October 1965, by section 2(1) of the Forestry Encouragement Amendment Act 1965 (1965 No 118).

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.

An Act to authorise the making of loans, out of money appropriated by Parliament for the purpose, for the establishment and maintenance of farm woodlots and forest plantations

Title: amended, on 28 October 1965, by section 3(1) of the Forestry Encouragement Amendment Act 1965 (1965 No 118).

 
1 Short Title

This Act may be cited as the Forestry Encouragement Act 1962.

Section 1: amended, on 28 October 1965, by section 2(2) of the Forestry Encouragement Amendment Act 1965 (1965 No 118).

2 Interpretation

(1)

In this Act, unless the context otherwise requires,—

Conservator, in relation to any land, means the Conservator of Forests in the conservancy in which the land is situated

forestry encouragement agreement includes a farm forestry agreement entered into in accordance with this Act before the passing of the Forestry Encouragement Amendment Act 1965

lease means a registered lease and any lease or licence, registered or unregistered, from the Crown, including a registered or unregistered licence from the Crown to occupy any land pending the completion of the purchase of that land under a system of deferred payment, including a permit within the meaning of section 2(1) of the Crown Minerals Act 1991; and lessee has a corresponding meaning

Minister means the Minister of Forests

Registrar, in relation to any land the title to which is registered in the Land Transfer Office or the Deeds Register Office (including the land comprised in a mining privilege that is registered under the Land Transfer Act 2017), means the Registrar-General of Land or the Registrar of Deeds, as the case may require, and, in relation to any land comprised in a mining privilege that is not registered under the Land Transfer Act 2017, or in relation to a coal-mining lease or coal-mining right under the Coal Mines Act 1925 that is recorded in the office of a Mining Registrar, means the Mining Registrar in whose office the mining privilege or lease or right is registered or recorded.

(2)

For the purposes of this Act all land which is not otherwise occupied shall be deemed to be in the occupation of the owner in fee simple thereof.

Section 2(1) forestry encouragement agreement: inserted, on 28 October 1965, by section 6(2) of the Forestry Encouragement Amendment Act 1965 (1965 No 118).

Section 2(1) lease: amended, on 24 May 2013, by section 65 of the Crown Minerals Amendment Act 2013 (2013 No 14).

Section 2(1) lease: amended, on 1 October 1991, by section 362 of the Resource Management Act 1991 (1991 No 69).

Section 2(1) Registrar: amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).

3 Minister may make advances

(1)

Subject to the provisions of this Act, the Minister may make an advance, out of money appropriated by Parliament for the purpose, to any applicant for the purpose of establishing or managing a farm woodlot or to any local authority within the meaning of the Local Government Act 2002 for the purpose of establishing or managing a forest plantation.

(2)

A local authority within the meaning of the Local Government Act 2002 may be an applicant for the purposes of this section, and, subject to the provisions of that Act, may enter into 1 or more forestry encouragement agreements.

Section 3: replaced, on 1 July 1998, by section 16(1) of the Local Government Amendment Act (No 3) 1996 (1996 No 83).

Section 3(1): amended, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

Section 3(2): amended, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

4 Notice of conditions

(1)

The terms and conditions upon which applications for advances under this Act will be considered, and the dates by which applications must be received, shall be in accordance with regulations made under this Act, or (in default of any such regulations and so far as any such regulations do not extend) in accordance with the directions of the Minister.

(2)

The Minister may from time to time publicly advertise such of the said terms, conditions, and dates as he thinks fit, by notice in the Gazette or otherwise.

Section 4: replaced, on 28 October 1965, by section 5 of the Forestry Encouragement Amendment Act 1965 (1965 No 118).

5 Forestry encouragement agreements

(1)

The Minister may enter into a forestry encouragement agreement with the owner or lessee of any land on which trees have been or are to be planted and in respect of which the Minister has made or proposes to make an advance under section 3:

provided that no such agreement shall be entered into with the lessee of any land without the prior consent in writing of the owner of the land.

(2)

Every such forestry encouragement agreement shall specify the following particulars:

(a)

the land to which the agreement relates and the area that has been or is to be planted in trees:

(b)

the species of trees planted or to be planted:

(c)

the silvicultural treatment of the trees planted or to be planted:

(d)

the amount to be advanced by the Minister:

(e)

such other conditions as the Minister may require.

(3)

Every forestry encouragement agreement shall include a covenant by the owner or occupier of the land binding himself and his successors in title to perform and observe the terms and conditions upon which the advance is made.

(4)

A forestry encouragement agreement may provide for any sum repayable to be diminished in proportion to the extent to which the agreement has been performed or observed.

(5)

Where the owner or occupier of any land has entered into a forestry encouragement agreement, that agreement may be registered against the title of that owner or occupier to the whole or any part of the land to which the agreement relates but no such agreement shall be so registered unless notice thereof has been given to every mortgagee and other person having a charge on any estate or interest in the land at the date of registration. Registration of a forestry encouragement agreement may be effected by depositing with the Registrar a duplicate of the agreement, certified under the hand of the Conservator, together with an application for the registration of the agreement, which application shall be signed by the Conservator and shall specify the land against which it is desired to register the agreement, and shall certify that the agreement is one that may be registered against the land under this section and that notice of the agreement has been given to the persons specified in the certificate (being every mortgagee and other person having a charge on any estate or interest in the land at the date of registration). On receipt of the duplicate agreement and application as aforesaid, the Registrar shall, without fee, register the agreement. The register may sufficiently describe the agreement as a forestry encouragement agreement under the Forestry Encouragement Act 1962.

(6)

Where any notice has to be given under this section, it may be given—

(a)

by delivering it to the person to whom it has to be given; or

(b)

by leaving it at the usual or last known place of abode in New Zealand of that person; or

(c)

by sending it by post in a registered letter addressed to that person at his usual or last known place of abode in New Zealand; or

(d)

by delivering or leaving it at or sending it by registered post to the registered office in the case of a company or the principal office or place of business in the case of a local authority or other body, whether corporate or unincorporate.

(7)

Any forestry encouragement agreement that varies, supplements, or is in substitution for an earlier forestry encouragement agreement (whether that agreement is registered or not) may be registered under this section.

(7A)

For the purpose of section 138 of the Land Transfer Act 2017, every forestry encouragement agreement shall be deemed to create an interest in the land to which it relates.

(8)

Upon the expiration or termination of a registered forestry encouragement agreement, the Conservator shall sign a certificate stating that the agreement has so expired or been terminated, and shall deposit the certificate with the Registrar, who shall thereupon, without fee, enter a memorial of the expiration or termination of the agreement on the register against the appropriate title.

(8A)

Where a Conservator deposits with the Registrar a certificate stating that a forestry encouragement agreement has been terminated, and at the same time deposits with the Registrar for registration a further forestry encouragement agreement upon which is endorsed a certificate by the Conservator that it is in substitution for the terminated agreement, and that the agreement in substitution relates to the same advance and the same land as the terminated agreement and includes provision for a lower rate of interest, the agreement in substitution when registered shall, for the purposes of section 7, be deemed to have been registered when the original agreement was registered; and the Registrar shall record a memorial to that effect against the title to the land affected.

(9)

In any case where, under section 103 of the Land Transfer Act 2017 or otherwise, on a sale by a mortgagee or other person having a charge on any estate or interest in land, or on the registration of a transfer pursuant to such a sale,—

(a)

that estate or interest is discharged from any charge thereon arising under a certificate that relates to a forestry encouragement agreement and is registered under section 7; or

(b)

that estate or interest would have been so discharged if such a certificate had been so registered—

that agreement shall thereupon be deemed to cease to be registered against the title to the land, unless the purchaser and the Minister, by consent in writing endorsed on or attached to the instrument of transfer, agree to the retention of its registration against that title.

(10)

Forestry encouragement agreements shall be deemed to be mortgages for the purposes of section 101 of the Land Transfer Act 2017 and mortgages to Her Majesty for the purposes of section 461 of the Maori Affairs Act 1953.

(10A)

Forestry encouragement agreements, whether entered into before or after the close of 31 December 2007, must be treated as mortgages for the purposes of sections 90 to 92 of the Property Law Act 2007; and the Minister must be treated as a mortgagee of the leasehold estate or interest for the purposes of section 249(1)(a) of that Act.

(11)

The provisions of this Act relating to the registration of forestry encouragement agreements shall, so far as they are applicable and with the necessary modifications, apply to the registration of memoranda of variation of those agreements:

provided that notice need not be given to any mortgagee or other person having a charge on any estate or interest in the land at the date of registration of the variation, if that mortgagee or person will not be prejudiced by the variation.

Section 5 heading: replaced, on 28 October 1965, by section 6(1) of the Forestry Encouragement Amendment Act 1965 (1965 No 118).

Section 5(1): amended, on 28 October 1965, by section 6(1) of the Forestry Encouragement Amendment Act 1965 (1965 No 118).

Section 5(2): amended, on 28 October 1965, by section 6(1) of the Forestry Encouragement Amendment Act 1965 (1965 No 118).

Section 5(3): amended, on 28 October 1965, by section 6(1) of the Forestry Encouragement Amendment Act 1965 (1965 No 118).

Section 5(4): amended, on 28 October 1965, by section 6(1) of the Forestry Encouragement Amendment Act 1965 (1965 No 118).

Section 5(5): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).

Section 5(5): amended, on 28 October 1965, by section 2(2) of the Forestry Encouragement Amendment Act 1965 (1965 No 118).

Section 5(5): amended, on 28 October 1965, by section 6(1) of the Forestry Encouragement Amendment Act 1965 (1965 No 118).

Section 5(6)(d): inserted, on 28 October 1965, by section 7 of the Forestry Encouragement Amendment Act 1965 (1965 No 118).

Section 5(7): amended, on 28 October 1965, by section 6(1) of the Forestry Encouragement Amendment Act 1965 (1965 No 118).

Section 5(7): amended, on 28 October 1965, by section 8(1) of the Forestry Encouragement Amendment Act 1965 (1965 No 118).

Section 5(7A): inserted, on 28 October 1965, by section 6(4) of the Forestry Encouragement Amendment Act 1965 (1965 No 118).

Section 5(7A): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).

Section 5(8): amended, on 28 October 1965, by section 6(1) of the Forestry Encouragement Amendment Act 1965 (1965 No 118).

Section 5(8A): inserted, on 28 October 1965, by section 8(2) of the Forestry Encouragement Amendment Act 1965 (1965 No 118).

Section 5(9): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).

Section 5(9)(a): amended, on 28 October 1965, by section 6(1) of the Forestry Encouragement Amendment Act 1965 (1965 No 118).

Section 5(10): inserted, on 19 October 1966, by section 2 of the Forestry Encouragement Amendment Act 1966 (1966 No 62).

Section 5(10): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).

Section 5(10A): replaced, on 1 January 2008, by section 364(1) of the Property Law Act 2007 (2007 No 91).

Section 5(11): inserted, on 19 October 1966, by section 2 of the Forestry Encouragement Amendment Act 1966 (1966 No 62).

6 Registered forestry encouragement agreements to run with the land

(1)

While the forestry encouragement agreement is registered against the title of any owner or occupier to any land, and until the expiry of the agreement by effluxion of time or (where the agreement is registered against the title of a lessee) the sooner determination of the lease and every renewal thereof by effluxion of time or otherwise, the agreement shall run at law with the land against the title to which it is registered, so as to confer and impose upon every person who at the date of registration of the agreement, or at any time thereafter, is for the time being the occupier of that land or of any part thereof, a right to enforce and an obligation to observe and perform the agreement during the period of his occupancy of the land or of any part thereof in the same manner as if the occupier had been a party to the agreement. Where there are 2 or more such occupiers, the obligation and liability so imposed on them shall be borne by them in such manner as the Minister and those occupiers may agree or in default of agreement shall be borne by those occupiers jointly.

(2)

Where the lessee for the time being under any lease of the land or of any part thereof surrenders his lease and obtains a new lease in exchange therefor, the forestry encouragement agreement and the provisions of this Act shall continue to apply as if the new lease were a renewal of the surrendered lease.

(3)

Upon the registration of any such new lease or of the renewal of any lease, the Registrar shall record on the register against the title to the land of the lessee under the new or renewed lease any subsisting memorial in respect of the agreement recorded against the title to the land of the lessee in respect of the surrendered or expired lease.

(4)

Where the lessee for the time being under any lease of the land or of any part thereof obtains a title in fee simple to the land or any part thereof, the forestry encouragement agreement and the provisions of this Act shall continue to apply to the land to which the title in fee simple has been obtained as if the agreement, so far as it affects that land, had been made with the legal owner in fee simple of the land. Upon the registration of any such title in fee simple, the Registrar shall record in the register against the title to the land of the owner of the fee simple any memorial in respect of the agreement recorded against the title to the land of the lessee at the time of the acquisition of the title in fee simple.

(5)

No forestry encouragement agreement which runs with the land in accordance with this section shall confer any right or impose any personal liability on any party to the agreement or any occupier of the land, except in respect of the period of his occupation of the land:

provided that nothing in this subsection shall affect the amount of any charge on the estate or interest in the land affected by the agreement arising under subsection (2) of section 7:

provided also that, where the agreement is registered against the title to a lease which determines before the expiry of the agreement, the personal liability of the person who was the lessee immediately before the determination shall, for the purposes of subsection (1), continue until the expiry of the agreement as if he were still the occupier of the land to which the lease related.

Section 6 heading: amended, on 28 October 1965, by section 6(1) of the Forestry Encouragement Amendment Act 1965 (1965 No 118).

Section 6(1): amended, on 28 October 1965, by section 6(1) of the Forestry Encouragement Amendment Act 1965 (1965 No 118).

Section 6(2): amended, on 28 October 1965, by section 6(1) of the Forestry Encouragement Amendment Act 1965 (1965 No 118).

Section 6(4): amended, on 28 October 1965, by section 6(1) of the Forestry Encouragement Amendment Act 1965 (1965 No 118).

Section 6(5): amended, on 28 October 1965, by section 6(1) of the Forestry Encouragement Amendment Act 1965 (1965 No 118).

Section 6(5) second proviso: inserted, on 24 November 1967, by section 3 of the Forestry Encouragement Amendment Act 1967 (1967 No 130).

7 Money payable under registered forestry encouragement agreement may be made a charge on the land

(1)

If at any time there is default in the observance or performance of any of the obligations which are specified in the forestry encouragement agreement, the Conservator may deposit with the Registrar a certificate under his hand specifying the amount payable and unpaid under the agreement in respect of the default, and the Registrar shall thereupon, without fee, register the certificate in respect of the estate or interest in the land affected by the agreement.

(2)

Upon registration of the certificate, the amount mentioned therein, and all money which after the signing of the certificate and before the release thereof accrues due under the forestry encouragement agreement, shall, until payment thereof, be a charge on the said estate or interest in the land affected by the agreement. Every charge in respect of which a certificate is registered under subsection (1) shall have priority in relation to all other transactions affecting the land as if it had been registered or is deemed (under subsection (8A) of section 5, as inserted by section 8(2) of the Forestry Encouragement Amendment Act 1965) to have been registered at the time when the forestry encouragement agreement was registered under this Act, and section 103 of the Land Transfer Act 2017 shall apply as if the charge arose under a mortgage and created an estate or interest in the land. Any priority of any such charge, or (where the charge has not yet arisen) the right to any such priority which will arise from the prior registration of the relevant forestry encouragement agreement and the subsequent registration of a certificate under subsection (1) relative thereto, may be postponed or advanced or otherwise varied wholly or in part in relation to any other charge or lien of any description by the registration without fee in the office of the appropriate Registrar,—

(a)

where the land affected is subject to the Land Transfer Act 2017, of a mortgage priority instrument under section 102 of that Act signed by the Minister or a Conservator and by the registered owner of the land and any person who is detrimentally affected thereby; or

(b)

where the land affected is not subject to the Land Transfer Act 2017, of a mortgage priority instrument in like form signed by the Minister or a Conservator and by the registered owner of the land and any person who is detrimentally affected thereby, which instrument shall have the effect of a deed.

(2A)

For the purposes of paragraph (a) of subsection (2), a registered forestry encouragement agreement shall be deemed to be a registered charge within the meaning of section 102 of the Land Transfer Act 2017.

(2B)

Notwithstanding anything to the contrary in this Act or any other Act, the effect of the registration of a mortgage priority instrument as aforesaid postponing the priority of a forestry encouragement agreement shall, except as expressly provided in the instrument, be to postpone the priority arising from the registration of any certificate relative to that agreement registered under subsection (1) in the manner and to the extent that the priority of the agreement is postponed by the instrument.

(3)

Where any occupier has an interest in the land as lessee under a lease, the charge shall extend to the interest (if any) of the lessee in any improvements to the land and in any money that may be payable by the lessor and by an incoming tenant and otherwise for any such improvements, whether during the term of the lease or thereafter.

(4)

For the purpose of enforcing any charge under this section, the High Court or a Judge thereof may make such order as it or he thinks fit, either for the sale of the estate or interest which is subject to a charge, or for the appointment of a receiver or otherwise; and any order for sale shall be carried into effect by the Sheriff in the same manner as in the case of a writ for sale, with any modifications that may be necessary or may be provided by rules of court in that behalf:

provided that, in the case of Maori freehold land within the meaning of the Maori Affairs Act 1953, the charge shall be enforceable against the owner of that land only by the appointment of a receiver in accordance with section 33 of that Act and subsections (3) to (5) of that section shall apply to the receiver so appointed.

Section 7(1): amended, on 24 November 1967, by section 4 of the Forestry Encouragement Amendment Act 1967 (1967 No 130).

Section 7(1): amended, on 28 October 1965, by section 6(1) of the Forestry Encouragement Amendment Act 1965 (1965 No 118).

Section 7(2): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).

Section 7(2): amended, on 24 November 1967, by section 5(a) of the Forestry Encouragement Amendment Act 1967 (1967 No 130).

Section 7(2): amended, on 28 October 1965, by section 6(1) of the Forestry Encouragement Amendment Act 1965 (1965 No 118).

Section 7(2): amended, on 28 October 1965, by section 9(1)(a) of the Forestry Encouragement Amendment Act 1965 (1965 No 118).

Section 7(2): amended, on 28 October 1965, by section 9(1)(b) of the Forestry Encouragement Amendment Act 1965 (1965 No 118).

Section 7(2): amended, on 28 October 1965, by section 9(2) of the Forestry Encouragement Amendment Act 1965 (1965 No 118).

Section 7(2)(a): inserted, on 28 October 1965, by section 9(2) of the Forestry Encouragement Amendment Act 1965 (1965 No 118).

Section 7(2)(a): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).

Section 7(2)(a): amended, on 24 November 1967, by section 5(b) of the Forestry Encouragement Amendment Act 1967 (1967 No 130).

Section 7(2)(b): inserted, on 28 October 1965, by section 9(2) of the Forestry Encouragement Amendment Act 1965 (1965 No 118).

Section 7(2)(b): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).

Section 7(2)(b): amended, on 24 November 1967, by section 5(b) of the Forestry Encouragement Amendment Act 1967 (1967 No 130).

Section 7(2A): inserted, on 28 October 1965, by section 9(3) of the Forestry Encouragement Amendment Act 1965 (1965 No 118).

Section 7(2A): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).

Section 7(2B): inserted, on 28 October 1965, by section 9(3) of the Forestry Encouragement Amendment Act 1965 (1965 No 118).

Section 7(2B): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).

Section 7(4): amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

8 Section 37 of State Advances Corporation Act 1936 not to apply
[Repealed]

Section 8: repealed, on 19 October 1965, by section 45(2) of the State Advances Corporation Act 1965 (1965 No 47).

9 Delegation of Minister’s powers

(1)

The Minister may from time to time, by writing under his hand, delegate to the chief executive of the Ministry of Agriculture and Forestry, or to any other Forest Officer within the meaning of the Forests Act 1949, or to the holder for the time being of any office in the New Zealand Forest Service, such of his powers under this Act as he thinks fit.

(2)

Every such delegation shall be revocable at will, and no such delegation shall prevent the exercise of any power by the Minister.

(3)

Any such delegation may be made subject to such restrictions as the Minister thinks fit, and may be made either generally or in relation to any particular case.

(4)

Unless and until any such delegation is revoked, it shall continue in force according to its tenor. In the event of any Minister by whom any such delegation has been made ceasing to hold office it shall continue to have effect as if made by the person for the time being holding office as Minister and, in the event of the chief executive of the Ministry of Agriculture and Forestry or other officer to whom any such delegation has been made ceasing to hold office, it shall continue to have effect as if made to the person for the time being holding the office.

(5)

The fact that the chief executive of the Ministry of Agriculture and Forestry or any other Forest Officer purports to exercise any power of the Minister shall in the absence of proof to the contrary be sufficient evidence of his authority so to do.

Section 9: inserted (with effect on 8 November 1962), on 24 November 1967, by section 6 of the Forestry Encouragement Amendment Act 1967 (1967 No 130).

Section 9(1): amended, on 1 March 1998, pursuant to section 5(1)(b) of the Ministries of Agriculture and Forestry (Restructuring) Act 1997 (1997 No 100).

Section 9(4): amended, on 1 March 1998, pursuant to section 5(1)(b) of the Ministries of Agriculture and Forestry (Restructuring) Act 1997 (1997 No 100).

Section 9(5): amended, on 1 March 1998, pursuant to section 5(1)(b) of the Ministries of Agriculture and Forestry (Restructuring) Act 1997 (1997 No 100).

Reprints notes
1 General

This is a reprint of the Forestry Encouragement Act 1962 that incorporates all the amendments to that Act as at the date of the last amendment to it.

2 Legal status

Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.

3 Editorial and format changes

Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the Legislation Act 2012. See also http://www.pco.parliament.govt.nz/editorial-conventions/.

4 Amendments incorporated in this reprint

Land Transfer Act 2017 (2017 No 30): section 250

Crown Minerals Amendment Act 2013 (2013 No 14): section 65

Property Law Act 2007 (2007 No 91): section 364(1)

Local Government Act 2002 (2002 No 84): section 262

Ministries of Agriculture and Forestry (Restructuring) Act 1997 (1997 No 100): section 5(1)(b)

Local Government Amendment Act (No 3) 1996 (1996 No 83): section 16(1)

Resource Management Act 1991 (1991 No 69): section 362

Judicature Amendment Act 1979 (1979 No 124): section 12

Forestry Encouragement Amendment Act 1967 (1967 No 130)

Forestry Encouragement Amendment Act 1966 (1966 No 62)

Forestry Encouragement Amendment Act 1965 (1965 No 118)

State Advances Corporation Act 1965 (1965 No 47): section 45(2)