This Act may be cited as the Forest and Rural Fires Amendment Act 1963, and shall be read together with and deemed part of the Forest and Rural Fires Act 1955 (hereinafter referred to as the principal Act).

2 Interpretation

Section 2 of the principal Act is hereby amended by repealing the definition of the term “Fires Appeal Tribunal”.

3 Appeal from notice to make fire break or escape route or remove combustible material

Section 25 of the principal Act is hereby amended—

(a)

By omitting from subsection (1) the words “the Fires Appeal Tribunal”, and substituting the words “a Magistrate’s Court presided over by a Magistrate”:

(b)

By omitting from subsection (2) the words “Tribunal, or any member of the Tribunal appointed by it to hear the appeal”, and substituting the word “Court”:

(c)

By omitting from subsection (2) the words “Tribunal or the member so appointed”, and substituting the word “Court”:

(d)

By omitting from subsection (2) the words “Tribunal or of the member so appointed”, and substituting the word “Court”.

4 Appeals against requirements for maintenance of apparatus by persons cutting timber

Section 29 of the principal Act is hereby amended—

(a)

By omitting from subsection (2) the words “the Tribunal”, and substituting the words “a Magistrate’s Court presided over by a Magistrate”:

(b)

By omitting from subsection (3) the word “Tribunal” in each place where it appears, and substituting in each case the word “Court”.

5 Appeals by licensees of State areas against requirements

Section 30 of the principal Act is hereby amended—

(a)

By omitting from subsection (3) the words “the Fires Appeal Tribunal”, and substituting the words “a Magistrate’s Court presided over by a Magistrate”:

(b)

By omitting from subsection (4) the word “Tribunal” in each place where it appears, and substituting in each case the word “Court”.

6 Appeals against awards and determinations

Section 42 of the principal Act is hereby amended—

(a)

By omitting from subsection (1) and also from subsection (2) the words “the Fires Appeal Tribunal”, and substituting in each case the words “a Magistrate’s Court presided over by a Magistrate”:

(b)

By omitting from subsection (3) the word “Tribunal” in each place where it appears, and substituting in each case the word “Court”.

7 Appeal against apportionment of fire fighting costs in regional fire emergency

Section 45 of the principal Act is hereby amended—

(a)

By omitting from subsection (1) the words “the Fires Appeal Tribunal”, and substituting the words “a Magistrate’s Court presided over by a Magistrate”:

(b)

By omitting from subsections (2) and (3) the word “Tribunal” in each place where it appears, and substituting in each case the word “Court”.

8 Abolition of Fires Appeal Tribunal

The principal Act is hereby amended by repealing sections 48 to 50 and the heading to those sections.

9 Appeals to Magistrate’s Court

The principal Act is hereby amended by inserting, before section 51 and under the heading “Miscellaneous Provisions”, the following section:

“50a

(1)

All appeals to a Magistrate’s Court under the provisions of this Act shall be made by way of originating application in accordance with the rules of that Court.

“(2)

In any case where any person is authorised under this Act to appeal to a Magistrate’s Court in writing setting out the grounds of the appeal, the Court may, if good and sufficient grounds are shown to it, waive any failure to set out the grounds of the appeal on such terms and conditions as the Court thinks fit.”

10 Inquiries as to fires

Section 55 of the principal Act is hereby amended—

(a)

By omitting from subsection (1) the words “(including the Fires Appeal Tribunal)”:

(b)

By omitting from subsection (2) the words “or the Tribunal”.

This Act is administered in the New Zealand Forest Service.

Forest and Rural Fires Amendment Act 1963