National Parks Act 1980

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Reprint as at 7 August 2020

National Parks Act 1980

Public Act		1980 No 66
Date of assent		17 December 1980
Commencement		see section 1(2)

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 Department of Conservation.

	Title
1	Short Title and commencement
2	Interpretation
3	Act to bind the Crown
	Part 1 National parks
	Principles to be applied in national parks
4	Parks to be maintained in natural state, and public to have right of entry
5	Indigenous plants and animals to be preserved
5A	Introduction of biological organisms
	Establishment, exclusion of land from, and definition of parks
6	Existing national parks
7	Constitution of other national parks and addition of land to national parks
8	Investigation of proposals to add to parks or establish new parks
9	Acquisition of land for national parks
10	Park land administered under certain other Acts
11	Exclusion of land from national park
12	Specially protected areas in national parks
12A	Orders in Council to be published in Gazette
13	Permits for access to specially protected areas
14	Wilderness areas
14A	Special provisions relating to wilderness areas under Reserves Act 1977 or Conservation Act 1987
15	Amenities areas
16	Plans of national parks
	Part 2 National Parks and Reserves Authority [Repealed]
17	National Parks and Reserves Authority [Repealed]
18	Functions of Authority
18A	Minister to consult Authority in respect of access notice under Crown Minerals Act 1991
19	Authority to implement policy of the Government [Repealed]
20	Authority may release recommendations, reports, or advice to public [Repealed]
21	Annual report [Repealed]
22	Term of office of members of Authority [Repealed]
23	Chairman of Authority [Repealed]
24	Meetings of Authority [Repealed]
25	Director-General entitled to attend meetings of Authority [Repealed]
26	Servicing of Authority [Repealed]
27	Fees and travelling expenses of members of Authority [Repealed]
28	Public Bodies Meetings Act 1962 to apply to Authority [Repealed]
	Part 3 National parks and reserves boards [Repealed]
29	National parks and reserves boards [Repealed]
30	Functions of Boards
31	Board may release recommendations, reports, or advice to public [Repealed]
32	Membership of boards [Repealed]
33	Term of office of members of board [Repealed]
34	Chairman of board [Repealed]
35	Meetings of Board [Repealed]
36	Director-General entitled to attend meetings of board [Repealed]
37	Servicing of boards [Repealed]
38	Fees and travelling expenses of members of board [Repealed]
39	Public Bodies Meetings Act 1962 to apply to board [Repealed]
	Part 4 Administration
40	Rangers
41	Delegation of Minister’s powers and functions
42	Delegation of Director-General’s powers and functions
	Part 5 Control and management of national parks
	Administration of parks
43	Parks to be administered by Department
	General policy statements
44	General policy for parks
	Conservation management strategies
44A	Conservation management strategies
	Management plans
45	Preparation of management plans
46	Amendment and review of management plans
47	Procedure for preparing and reviewing management plans
48	Approval of management plans
	Powers of Minister
49	Concessions
50	Accommodation within parks
51	Farming within parks
51A	Other activities in parks
52	Conservation Act 1987 to apply to leases and licences [Repealed]
53	Powers of Minister where services provided by the Crown [Repealed]
54	Minister may grant easements [Repealed]
55	Roads within park
56	Bylaws
	Part 5A Control of dogs
56A	Restrictions in relation to dogs
56B	Dog control permits
56C	Requirements in relation to dog control permits
56D	Power to amend or revoke dog control permit
56E	Persons authorised to take dogs into national park area without dog control permit
56F	Seizure and destruction of dogs
56G	Disposal of seized dogs
56H	Recovery of costs relating to dogs
56I	Offences
56J	Power of ranger to request information
56K	Evidence in proceedings
56L	Strict liability
	Part 6 Financial provisions
57	Application of revenue from national parks
58	Application of proceeds where land excluded from national park
59	Local authorities may make contributions for national park purposes
	Part 7 Offences
60	Offences in parks
61	Seizure and forfeiture of property
62	Trespassing animals
63	Offences in respect of rangers
64	Power to interfere to prevent offending
64A	Power to require information
65	Ranger may stop and search boats, vehicles, premises, and possessions in park
66	Stopping and searching boats outside parks
67	Proceedings in respect of offences
68	Time for filing charging document
69	Presumptions relating to offences
69A	Penalties for certain offences
69B	Penalties for offences committed for commercial gain or reward
70	Penalties
70A	Sentence of community work
71	Removal and disposal of abandoned boats and vehicles, and vehicles parked in prohibited places
	Part 7A Infringement offences
71A	Relationship with other offences
	Subpart 1—Infringement offences
71B	Specially protected areas
71C	Control of dogs
71D	Unauthorised actions in parks
71E	Using or receiving items removed unlawfully from park
71F	Altering boundary marks or items issued by Minister or Department
71G	Failure to remove animal, vehicle, aircraft, or boat
71H	Littering
	Subpart 2—Procedural matters
71I	Proceedings for infringement offences
71J	Who may issue infringement notices
71K	Infringement notices
71L	Reminder notices
71M	Payment of infringement fees
71N	Penalties for infringement offences
	Subpart 3—Regulations
71O	Regulations relating to infringement offences
	Part 8 Miscellaneous provisions
72	Former Authority and boards to cease to exist
73	Assets, liabilities, and rights of former Authority and boards transferred to Crown
74	Director-General may execute documents on behalf of the Crown
75	Director-General may act in proceedings on behalf of the Crown
76	Records of title in respect of national parks
77	Approval under this Act not to authorise actions in contravention of other Acts
78	Mining operations in national parks [Repealed]
79	Certain other Acts unaffected
80	Amendments, repeals, and revocations
	Schedule 1 Enactments amended
	Schedule 2 Enactments repealed
	Schedule 3 Bylaws revoked
	National Parks Amendment Act 1996
	Reprint notes

An Act to consolidate and amend the law relating to national parks

1 Short Title and commencement

(1)

This Act may be cited as the National Parks Act 1980.

(2)

This Act shall come into force on 1 April 1981.

2 Interpretation

In this Act, unless the context otherwise requires,—

activity includes a trade, business, or occupation

aircraft has the same meaning as in the Civil Aviation Act 1990

animal means any mammal, bird, reptile, amphibian, fish (including shellfish) or related organism, insect, crustacean, or organism of every kind; but does not include a human being

Authority means the New Zealand Conservation Authority established under section 6A of the Conservation Act 1987

Board means a Conservation Board established under section 6L of the Conservation Act 1987

boat means every description of vessel (including barges, rafts, lighters, and like vessels) however propelled; and includes a hovercraft

certified aerodrome means an aerodrome licensed under the Civil Aviation Regulations 1953 or certificated under rules made under the Civil Aviation Act 1990

Chief Surveyor means the Chief Surveyor for each land district in which the park or any part of the park is situated

companion dog means a dog certified by the Top Dog Companion Trust as being a companion dog or a dog under training as a companion dog

concession or concession document—

(a)

means—

(i)

a lease; or

(ii)

a licence; or

(iii)

a permit; or

(iv)

an easement—

granted under section 49; and

(b)

includes any activity authorised by the concession document

concessionaire means a person who is—

(a)

a lessee; or

(b)

a licensee; or

(c)

a permit holder; or

(d)

the grantee of an easement—

under section 49

conservation area has the same meaning as in the Conservation Act 1987

conservation management strategy means a conservation management strategy approved under section 17F of the Conservation Act 1987

day means a period of 24 hours beginning at midnight and ending with the following midnight

Department means the Department of Conservation

Director-General means the Director-General of Conservation

firearm means any gun, rifle, or airgun; and includes any kind of weapon or device from which any shot, bullet, arrow, spear, stone, other missile, or noxious or poisonous substance can be discharged in the air or water; and also includes any part of a firearm and any firearm that is dismantled or otherwise inoperative

foreshore means any land covered and uncovered by the flow and ebb of the tide at mean spring tides

guide dog means a dog certified by the Royal New Zealand Foundation of the Blind as being a guide dog or a dog under training as a guide dog

indigenous animal means a native animal

infringement fee, in relation to an infringement offence, means the infringement fee for the offence prescribed in regulations made under this Act

infringement offence means—

(a)

an offence in subpart 1 of Part 7A; or

(b)

an offence against bylaws made under this Act that is declared by regulations to be an infringement offence

land district means a land district constituted under section 22 of the Land Act 1948

lease—

(a)

means—

(i)

a grant of an interest in land that—

(A)

gives exclusive possession of the land; and

(B)

makes provision for any activity on the land that the lessee is permitted to carry out:

(ii)

any document purporting to be a lease (whether or not the document gives the lessee exclusive possession of the land concerned) and issued under any enactment passed before the commencement of section 2 of the National Parks Amendment Act 1996:

(iii)

any document purporting to be a lease (whether or not the document gives the lessee exclusive possession of the land concerned) and issued under this Act before the commencement of the said section 2; but

(b)

does not include a licence referred to in paragraph (b)(ii) of the definition of the term licence;—

and lessee has a corresponding meaning

licence—

(a)

means—

(i)

a profit à prendre or any other grant that gives a non-exclusive interest in land; or

(ii)

a grant that makes provision for any activity on the land that the licensee is permitted to carry out; and

(b)

includes—

(i)

any document purporting to be a licence (whether or not the licence gives an interest, or makes any provision, referred to in paragraph (a)) and issued under any enactment relating to national parks that was passed before the commencement of section 2 of the National Parks Amendment Act 1996; and

(ii)

any document purporting to be a licence and purporting to grant an exclusive interest in land, and issued under this Act before the date of commencement of the said section 2 or issued under any other enactment relating to national parks that was passed before that date; and

(iii)

any document purporting to be a licence (whether or not the licence gives an interest, or makes any provision, referred to in paragraph (a)) and issued under this Act before the commencement of the said section 2;—

and licensee has a corresponding meaning

local authority means a local authority within the meaning of the Local Government Act 2002

management plan, in relation to any park, means a management plan prepared and approved for that park in accordance with sections 45 to 48

Minister means the Minister of Conservation

motor vehicle has the same meaning as in the Land Transport Act 1998; and includes any motor vehicle from which the wheels have been removed

national park or park means a national park constituted under this Act

native plants and animals means flora and fauna that are indigenous to New Zealand

owner, in relation to any dog, means every person who—

(a)

owns the dog; or

(b)

has the dog in his or her possession, whether the dog is at large or in confinement, otherwise than for the purpose of preventing the dog causing injury, damage, or distress, or for the sole purpose of restoring a lost dog to its owner; or

(c)

the parent or guardian of a person under the age of 16 years who—

(i)

is the owner or the dog pursuant to paragraph (a) or paragraph (b); and

(ii)

is a member of the parent or guardian’s household living with and dependent on the parent or guardian;—

but does not include any person who has seized or taken custody of the dog under this Act or the Conservation Act 1987 or the Animal Welfare Act 1999 or the Dog Control Act 1996 or any order made under the Dog Control Act 1996 or the Animal Welfare Act 1999

permit—

(a)

means a grant of rights to carry out an activity for a purpose referred to in section 49 that does not require an interest in land; and

(b)

includes any authorisation or licence granted before the commencement of this definition that granted similar rights;—

and permit holder has a corresponding meaning

plant means any angiosperm, gymnosperm, fern or fern ally; and includes any moss, liverwort, alga, fungus, or related organism

private land means any land that is for the time being held in fee simple by any person other than Her Majesty; and includes any Maori land within the meaning of the Maori Affairs Act 1953

protected wildlife means—

(a)

any animal for the time being absolutely protected pursuant to section 3 of the Wildlife Act 1953:

(b)

any animal for the time being partially protected pursuant to section 5 of the Wildlife Act 1953, other than an animal in such circumstances that it may be hunted or killed under the authority of subsection (2) of that section:

(c)

any animal that is a marine mammal within the meaning of the Marine Mammals Protection Act 1978

protected wildlife vulnerable to dogs means—

(a)

any flightless protected wildlife:

(b)

any limited-flight protected wildlife:

(c)

any protected wildlife that nests (including moulting or breeding) or roosts, upon or in close proximity to the ground:

(d)

any protected wildlife that feeds upon or in close proximity to the ground:

(e)

any animal that is a marine mammal within the meaning of the Marine Mammals Protection Act 1978

ranger means any ranger referred to in section 40; and, for the purposes of Part 5A, includes a person—

(a)

who—

(i)

is a warranted officer appointed under section 59 of the Conservation Act 1987; or

(ii)

is a person deemed, by section 59(2) or section 59(9) of the Conservation Act 1987, to be a warranted officer for the purposes of that Act; and

(b)

is acting on or in respect of any matter or thing arising, situated, or formerly situated, in the district, area, or areas for which the person is appointed or is deemed to be a warranted officer

reserve has the same meaning as in the Reserves Act 1977

specially protected area means any part of a national park set apart as a specially protected area under section 12

vehicle has the same meaning as in the Land Transport Act 1998; and includes any vehicle from which the wheels have been removed

wilderness area means any part of a national park set apart as a wilderness area under section 14.

Compare: 1952 No 54 s 2; 1974 No 69 s 2

Section 2 activity: inserted, on 1 July 1996, by section 2 of the National Parks Amendment Act 1996 (1996 No 4).

Section 2 aircraft: amended, on 1 September 1990, pursuant to section 101(1) of the Civil Aviation Act 1990 (1990 No 98).

Section 2 Authority: inserted, on 10 April 1990, by section 109(2) of the Conservation Law Reform Act 1990 (1990 No 31).

Section 2 Board: inserted, on 10 April 1990, by section 109(2) of the Conservation Law Reform Act 1990 (1990 No 31).

Section 2 certified aerodrome: inserted, on 1 July 1996, by section 2 of the National Parks Amendment Act 1996 (1996 No 4).

Section 2 Commissioner: repealed, on 1 April 1987, by section 65(1) of the Conservation Act 1987 (1987 No 65).

Section 2 companion dog: inserted, on 2 May 1996, by section 2(1) of the National Parks Amendment Act (No 2) 1996 (1996 No 15).

Section 2 concession or concession document: inserted, on 1 July 1996, by section 2 of the National Parks Amendment Act 1996 (1996 No 4).

Section 2 concessionaire: inserted, on 1 July 1996, by section 2 of the National Parks Amendment Act 1996 (1996 No 4).

Section 2 conservation area: inserted, on 1 April 1987, by section 65(1) of the Conservation Act 1987 (1987 No 65).

Section 2 conservation management strategy: inserted, on 1 April 1990, by section 109(2) of the Conservation Law Reform Act 1990 (1990 No 31).

Section 2 day: inserted, on 2 May 1996, by section 2(1) of the National Parks Amendment Act (No 2) 1996 (1996 No 15).

Section 2 Department: amended, on 1 April 1987, by section 65(1) of the Conservation Act 1987 (1987 No 65).

Section 2 Director-General: amended, on 1 April 1987, by section 65(1) of the Conservation Act 1987 (1987 No 65).

Section 2 foreshore: replaced, on 7 July 2010, by section 4 of the National Parks Amendment Act 2010 (2010 No 73).

Section 2 guide dog: inserted, on 2 May 1996, by section 2(1) of the National Parks Amendment Act (No 2) 1996 (1996 No 15).

Section 2 guide dog: amended, on 30 April 2003, by section 28(1) of the Royal New Zealand Foundation of the Blind Act 2002 (2002 No 3 (P)).

Section 2 indigenous animal: inserted, on 25 November 1994, by section 2(1) of the National Parks Amendment Act 1994 (1994 No 112).

Section 2 infringement fee: inserted, on 21 December 2018, by section 29 of the Conservation (Infringement System) Act 2018 (2018 No 61).

Section 2 infringement offence: inserted, on 21 December 2018, by section 29 of the Conservation (Infringement System) Act 2018 (2018 No 61).

Section 2 lease: inserted, on 1 July 1996, by section 2 of the National Parks Amendment Act 1996 (1996 No 4).

Section 2 licence: inserted, on 1 July 1996, by section 2 of the National Parks Amendment Act 1996 (1996 No 4).

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

Section 2 Minister: amended, on 1 April 1987, by section 65(1) of the Conservation Act 1987 (1987 No 65).

Section 2 motor vehicle: amended, on 1 March 1999, by section 215(1) of the Land Transport Act 1998 (1998 No 110).

Section 2 National Parks and Reserves Authority or Authority: repealed, on 10 April 1990, by section 109(1)(a) of the Conservation Law Reform Act 1990 (1990 No 31).

Section 2 National parks and reserves board or board: repealed, on 10 April 1990, by section 109(1)(b) of the Conservation Law Reform Act 1990 (1990 No 31).

Section 2 native plants and animals: inserted, on 25 November 1994, by section 2(2) of the National Parks Amendment Act 1994 (1994 No 112).

Section 2 owner: inserted, on 2 May 1996, by section 2(1) of the National Parks Amendment Act (No 2) 1996 (1996 No 15).

Section 2 owner: amended, on 1 January 2000, by section 194 of the Animal Welfare Act 1999 (1999 No 142).

Section 2 permit: inserted, on 1 July 1996, by section 2 of the National Parks Amendment Act 1996 (1996 No 4).

Section 2 protected wildlife: replaced, on 2 May 1996, by section 2(1) of the National Parks Amendment Act (No 2) 1996 (1996 No 15).

Section 2 protected wildlife vulnerable to dogs: inserted, on 2 May 1996, by section 2(1) of the National Parks Amendment Act (No 2) 1996 (1996 No 15).

Section 2 ranger: replaced, on 2 May 1996, by section 2(2) of the National Parks Amendment Act (No 2) 1996 (1996 No 15).

Section 2 vehicle: amended, on 1 March 1999, by section 215(1) of the Land Transport Act 1998 (1998 No 110).

3 Act to bind the Crown

This Act shall bind the Crown.

Part 1 National parks

Principles to be applied in national parks

4 Parks to be maintained in natural state, and public to have right of entry

(1)

It is hereby declared that the provisions of this Act shall have effect for the purpose of preserving in perpetuity as national parks, for their intrinsic worth and for the benefit, use, and enjoyment of the public, areas of New Zealand that contain scenery of such distinctive quality, ecological systems, or natural features so beautiful, unique, or scientifically important that their preservation is in the national interest.

(2)

It is hereby further declared that, having regard to the general purposes specified in subsection (1), national parks shall be so administered and maintained under the provisions of this Act that—

(a)

they shall be preserved as far as possible in their natural state:

(b)

except where the Authority otherwise determines, the native plants and animals of the parks shall as far as possible be preserved and the introduced plants and animals shall as far as possible be exterminated:

(c)

sites and objects of archaeological and historical interest shall as far as possible be preserved:

(d)

their value as soil, water, and forest conservation areas shall be maintained:

(e)

subject to the provisions of this Act and to the imposition of such conditions and restrictions as may be necessary for the preservation of the native plants and animals or for the welfare in general of the parks, the public shall have freedom of entry and access to the parks, so that they may receive in full measure the inspiration, enjoyment, recreation, and other benefits that may be derived from mountains, forests, sounds, seacoasts, lakes, rivers, and other natural features.

Compare: 1952 No 54 s 3; 1972 No 87 s 2

5 Indigenous plants and animals to be preserved

(1)

No person shall, without the prior written consent of the Minister, cut, destroy, or take, or purport to authorise any person to cut, destroy, or take, any plant or part of a plant that is indigenous to New Zealand and growing in a national park.

(2)

No person shall, without the prior written consent of the Minister, disturb, trap, take, hunt, or kill, or purport to authorise any person to disturb, trap, take, hunt, or kill any animal that is indigenous to New Zealand and found within a national park.

(3)

The Minister shall not give his consent under subsection (1) or subsection (2) unless the act consented to is consistent with the management plan for the park.

Compare: 1952 No 54 s 29

5A Introduction of biological organisms

(1)

Notwithstanding anything in this Act or any other enactment, but subject to subsections (2) and (3), the Minister may authorise the introduction of any biological control organism to control wild animals or animal pests or plant pests in any national park.

(2)

Before granting an approval under subsection (1), the Minister shall—

(a)

consult the New Zealand Conservation Authority; and

(b)

have regard to whether—

(i)

any introduced organism will itself become a problem or adversely affect any other indigenous organisms, or have a negative impact on any ecosystem; and

(ii)

there is sufficient scientific advice, supported by research, to indicate that none of these will occur.

(3)

An authority granted under subsection (1) shall not be inconsistent with any provision in—

(a)

any other Act applicable to the import, genetic modification, or use of the organism or organisms concerned; or

(b)

any general policy adopted under section 44; or

(c)

any conservation management strategy or management plan.

Section 5A: inserted, on 25 November 1994, by section 3 of the National Parks Amendment Act 1994 (1994 No 112).

Establishment, exclusion of land from, and definition of parks

6 Existing national parks

(1)

The following national parks as they exist at the commencement of this Act are hereby declared to be national parks under and subject to the provisions of this Act:

(a)

the Tongariro National Park:

(b)

the Egmont National Park:

(c)

the Arthur’s Pass National Park:

(d)

the Abel Tasman National Park:

(e)

the Fiordland National Park:

(f)

the Mount Cook National Park:

(g)

[Repealed]

(h)

the Nelson Lakes National Park:

(i)

the Westland National Park:

(j)

the Mount Aspiring National Park.

(2)

The Arthur’s Pass National Park named in subsection (1)(c) is the same national park as the Arthur Pass National Park existing immediately before the commencement of this Act.

(3)

By virtue of section 162 of the Ngāi Tahu Claims Settlement Act 1998, the Mount Cook National Park is now called the Aoraki/Mount Cook National Park.

(4)

[Repealed]

Compare: 1952 No 54 s 9; 1974 No 69 s 4

Section 6(1)(g): repealed, on 28 July 2014, by section 14 of the Te Urewera Act 2014 (2014 No 51).

Section 6(3): inserted, on 1 October 1998, by section 162(3) of the Ngāi Tahu Claims Settlement Act 1998 (1998 No 97).

Section 6(4): repealed, on 28 July 2014, by section 14 of the Te Urewera Act 2014 (2014 No 51).

7 Constitution of other national parks and addition of land to national parks

(1)

Subject to subsections (2) to (6), the Governor-General may from time to time, by Order in Council made on the recommendation of the Minister,—

(a)

declare that any land of the Crown described in the order, being—

(i)

any conservation area; or

(ii)

[Repealed]

(iii)

any land subject to the Tourist and Health Resorts Control Act 1908 or the Tourist Hotel Corporation Act 1974; or

(iv)

any reserve vested in Her Majesty subject to the Reserves Act 1977; or

(v)

any land acquired by the Crown for national park purposes,—

shall be a national park subject to this Act:

(b)

add any such land to any park:

(c)

declare that any foreshore described in the order shall be a national park or be added to any park:

(d)

assign a name to any new national park or change the name of any existing national park.

(2)

The Minister shall not make any recommendation under subsection (1) except on the recommendation of the Authority made after consultation with the appropriate Board (if any).

(2A)

Before making a recommendation under subsection (1)(d), the Minister must refer the proposed name to the New Zealand Geographic Board Ngā Pou Taunaha o Aotearoa under section 27(2) or 30 of the New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008, as the case may be.

(3)

[Repealed]

(4)

No land subject to the Tourist and Health Resorts Control Act 1908 or the Tourist Hotel Corporation Act 1974 shall be declared to be a park or to be added to any park, except on the joint recommendation of the Minister and the Minister of Tourism.

(5)

[Repealed]

(6)

No foreshore shall be declared to be a park or to be added to any park, except on the joint recommendation of the Minister and the Minister of Transport, and, where the foreshore is under the control of a regional council under the Resource Management Act 1991, except with the consent of that body.

Compare: 1952 No 54 s 10(1); 1974 No 69 s 5(1)

Section 7(1)(a)(i): replaced, on 1 April 1987, by section 65(1) of the Conservation Act 1987 (1987 No 65).

Section 7(1)(a)(ii): repealed, on 1 April 1987, by section 65(1) of the Conservation Act 1987 (1987 No 65).

Section 7(2A): inserted, on 1 November 2008, by section 38 of the New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008 (2008 No 30).

Section 7(3): repealed, on 1 April 1987, by section 65(1) of the Conservation Act 1987 (1987 No 65).

Section 7(5): repealed, on 1 October 1991, by section 362 of the Resource Management Act 1991 (1991 No 69).

Section 7(6): replaced, on 1 October 1991, by section 362 of the Resource Management Act 1991 (1991 No 69).

8 Investigation of proposals to add to parks or establish new parks

(1)

The Authority may, after having advised the Minister of its intention to do so, request the Director-General to investigate and report to it on any proposal that land should be declared to be a park or part of a park, or acquired for national park purposes.

(2)

Unless the Authority otherwise agrees, the Director-General shall, on receiving any such request—

(a)

give notice of the proposal under investigation by advertisement published in daily newspapers circulating in the cities of Auckland, Hamilton, Wellington, Christchurch, and Dunedin, and in the area affected; and

(b)

in that notice invite persons and organisations interested to send to the Director-General written suggestions on the proposal under investigation.

(3)

The Director-General shall, on receiving any such request, give notice to the responsible Minister of the Crown of the proposal under investigation.

Section 8(3): amended, on 2 January 1990, pursuant to section 4(a) of the Ministry of Energy (Abolition) Act 1989 (1989 No 140).

9 Acquisition of land for national parks

(1)

Where the Minister, on the recommendation of the Authority made after consultation with the appropriate Board (if any), considers that any private land, or any easement over private land, or the interest of any lessee or licensee in any land, should be acquired by the Crown for national park purposes,—

(a)

the Minister may, in the name and on behalf of Her Majesty, contract for the purchase or lease of the land, easement, or interest, or accept the land, easement, or interest as a gift; or

(b)

the land, easement, or interest may be taken or otherwise acquired under the Public Works Act 1928 as for a public work under that Act.

(2)

All land, easements, or interests in land acquired under subsection (1) shall vest in Her Majesty for national park purposes, and all lands acquired by the Minister by way of lease under this section shall, during the term of the lease, be subject to this Act.

Compare: 1952 No 54 s 13(1), (2)

10 Park land administered under certain other Acts

(1)

Any land that, at the commencement of this Act, is part of a national park and is being administered under the Tourist and Health Resorts Control Act 1908 shall continue to be administered under that Act, but otherwise shall remain part of the park.

(2)

Notwithstanding anything in the Tourist and Health Resorts Control Act 1908, the Governor-General may from time to time, by Order in Council made on the recommendation of the Minister after consultation with the Minister of Tourism and the Authority, declare that any land described in the order, being part of a national park, shall be administered under the Act, and as from the date of the Order in Council or from such later date as may be specified in the order, the land shall be so administered, but otherwise shall remain part of the park.

(3)

Where any land that is part of a national park is being administered under the Tourist and Health Resorts Control Act 1908, the Governor-General may, by Order in Council made on the recommendation of the Minister and the Minister of Tourism, declare that the land shall cease to be administered under that Act.

(4)

The Minister shall consult with the Minister of Tourism before—

(a)

making any decision or taking any action under this Act that affects the administration of the Tourist and Health Resorts Control Act 1908; or

(b)

making any bylaw under section 56 that affects the administration of the Tourist and Health Resorts Control Act 1908.

Compare: 1952 No 54 s 10(4)–(7); 1955 No 75 s 3(b)

Section 10(1): amended, on 23 March 1990, by section 21(2) of the Tourist Hotel Corporation of New Zealand Act 1989 (1989 No 130).

Section 10(2): amended, on 23 March 1990, by section 21(2) of the Tourist Hotel Corporation of New Zealand Act 1989 (1989 No 130).

Section 10(3): amended, on 23 March 1990, by section 21(2) of the Tourist Hotel Corporation of New Zealand Act 1989 (1989 No 130).

Section 10(4)(a): amended, on 23 March 1990, by section 21(2) of the Tourist Hotel Corporation of New Zealand Act 1989 (1989 No 130).

Section 10(4)(b): amended, on 23 March 1990, by section 21(2) of the Tourist Hotel Corporation of New Zealand Act 1989 (1989 No 130).

11 Exclusion of land from national park

(1)

No area of land or foreshore included in any park shall be excluded from that park, except by Act of Parliament.

(2)

The exclusion of any land or foreshore from a park shall, without more, have the effect of cancelling any reservation relating to the holding of that land or foreshore for any particular or general purpose or subject to any condition, and the land or foreshore shall thereupon be disposed of in the manner specified in that Act.

Compare: 1952 No 54 s 10(2), (3); 1974 No 69 s 5(1)

Section 11(2): amended, on 25 November 1994, by section 4(1) of the National Parks Amendment Act 1994 (1994 No 112).

12 Specially protected areas in national parks

(1)

The Governor-General may from time to time, by Order in Council made on the recommendation of the Minister after consultation with the Authority and the appropriate Board, set apart any part of a park as a specially protected area for the purposes of this Act, and may, in like manner, cancel any such setting apart or alter the boundaries of any specially protected area by including or excluding any area of the park that, in his opinion, should be so included or excluded.

(2)

Where, at the commencement of this Act, any part of a national park is set apart as a special area this section shall apply as if that area had been set apart as a specially protected area under subsection (1).

Compare: 1952 No 54 s 12

12A Orders in Council to be published in Gazette

An Order in Council made under any of sections 7, 10, and 12 must be published in the Gazette.

Section 12A: inserted, on 5 August 2013, by section 77(3) of the Legislation Act 2012 (2012 No 119).

13 Permits for access to specially protected areas

(1)

No person shall enter or remain in any specially protected area, except under the authority of and in accordance with a permit issued by the Minister under this section.

(2)

The Minister may from time to time issue a permit under this section to 1 or more persons granting access to any specially protected area and may amend or revoke any such permit at any time.

(3)

Every such permit shall contain such conditions as the Minister determines.

(4)

No permit issued under this section shall be inconsistent with the management plan for the park.

(5)

Every person commits an offence against this Act who—

(a)

enters or remains in any specially protected area, except under the authority of a permit issued under this section; or

(b)

fails to comply with any condition contained in any such permit.

14 Wilderness areas

(1)

The Minister may, on the recommendation of the Authority made in accordance with a conservation management strategy or management plan, by notice in the Gazette, set apart any area of a park as a wilderness area, and may in like manner revoke any such setting apart.

(2)

Subject to this section, while any area is set apart as a wilderness area,—

(a)

its indigenous natural resources shall be preserved:

(b)

no building or machinery shall be erected on the area:

(c)

no building, machinery, or apparatus shall be constructed or maintained on the area:

(d)

no animals, vehicles, or motorised vessels (including hovercraft and jet boats) shall be allowed to be taken into or used in the area and no helicopter or other motorised aircraft shall land or take off or hover for the purpose of embarking or disembarking passengers or goods in a wilderness area:

(e)

no roads, tracks, or trails shall be constructed in the area.

(3)

The Minister may authorise any person to liberate any species of indigenous animal in a wilderness area where—

(a)

the Minister is satisfied that there is sufficient evidence that the species was previously present in the area; and

(b)

the proposed liberation is not inconsistent with any general policy statement, conservation management strategy, or management plan having effect in relation to the area.

(4)

Subject to subsection (3), if—

(a)

the doing of anything in a wilderness area is in conformity with the conservation management strategy or management plan for the area; and

(b)

the Minister is satisfied that its doing is necessary or desirable for the preservation of the area’s indigenous natural resources,—

the Minister may authorise it.

(5)

If satisfied that the undertaking of any scientific test or study in a wilderness area is necessary or desirable for the preservation of indigenous natural resources, the Minister may authorise it.

(6)

Nothing in subsection (2) prevents the doing of anything necessary for any person’s protection or because of some emergency involving any person’s property.

Section 14: replaced, on 25 November 1994, by section 5(1) of the National Parks Amendment Act 1994 (1994 No 112).

14A Special provisions relating to wilderness areas under Reserves Act 1977 or Conservation Act 1987

(1)

This section applies where land set apart as or declared to be a wilderness area under the Reserves Act 1977 or the Conservation Act 1987 is constituted as a park.

(2)

Notwithstanding any other provision of this Act, where this section applies, the Minister may, by notice in the Gazette, declare that the wilderness area shall continue to be set apart as a wilderness area as if the land had been set apart as a wilderness area under section 14.

(3)

A declaration under subsection (2) shall have effect according to its tenor subject to the following provisions:

(a)

the Director-General (in preparing the first management plan for the area) and the Board (in considering that plan) and the Authority (before approving that plan) shall consider whether or not the area should continue to be a wilderness area and whether or not any boundary adjustments should be made to the area:

(b)

the Authority shall make a recommendation on the matter to the Minister:

(c)

after receipt of a recommendation under paragraph (b), the Minister may, by notice in the Gazette, make such further declarations or provisions with respect to the status of the area as a wilderness area as he or she considers appropriate; and that notice shall have effect according to its tenor.

Section 14A: inserted, on 13 March 1996, by section 3 of the National Parks Amendment Act 1996 (1996 No 4).

15 Amenities areas

(1)

The Minister may, on the recommendation of the Authority made in accordance with the management plan, by notice in the Gazette, set apart any area of a park as an amenities area, and may in like manner revoke any such setting apart.

(2)

While any such area is set apart, the development and operation of recreational and public amenities and related services appropriate for the public use and enjoyment of the park may be authorised in accordance with this Act and the management plan.

(3)

The principles applicable to national parks shall, notwithstanding section 4, apply only so far as they are compatible with the development and operation of such amenities and services.

Compare: 1952 No 54 s 34; 1964 No 102 s 3

16 Plans of national parks

(1)

The Chief Surveyor shall ensure that a current plan of each national park that is wholly or partly within his land district and every specially protected area, wilderness area, and amenities area within that park is—

(a)

available at his office for public inspection without fee during ordinary office hours; and

(b)

deposited in the office of the Director-General and the office of the Chief Surveyor of every land district in which any part of the park is situated.

(2)

Where any land is added to or excluded from any national park, specially protected area, wilderness area, or amenities area, the appropriate Chief Surveyor shall ensure that the plans required by subsection (1) are altered, replaced, or removed as the case may require.

(3)

Every plan and every alteration to any plan shall be certified by the appropriate Chief Surveyor.

(4)

The Chief Surveyor shall supply to any person applying for it a copy of any plan required by subsection (1) to be available in his office for public inspection.

(5)

Every plan of a national park or specially protected area, wilderness area, or amenities area certified by a Chief Surveyor, and every certified copy of any such plan shall, in the absence of proof to the contrary, be sufficient evidence of the boundaries and area comprising that national park, specially protected area, wilderness area, or amenities area.

Part 2 National Parks and Reserves Authority

[Repealed]

Heading: repealed, on 25 May 1990, by section 112(2) of the Conservation Law Reform Act 1990 (1990 No 31).

17 National Parks and Reserves Authority

[Repealed]

Section 17: repealed, on 25 May 1990, by section 112(2) of the Conservation Law Reform Act 1990 (1990 No 31).

18 Functions of Authority

In addition to the functions specified elsewhere in this Act or in any other Act, the functions of the Authority shall be—

(a)

to prepare and approve statements of general policy for national parks in accordance with section 44:

(b)

to approve management plans and amendments to and reviews of management plans for national parks in accordance with section 48:

(c)

to advise the Minister or the Director-General on the priorities for the expenditure of any money appropriated by Parliament for the purposes of this Act:

(d)

to review and report to the Minister or the Director-General on the effectiveness of the administration of the general policies for national parks:

(e)

to consider and make proposals for the addition of lands to national parks and the establishment of new national parks:

(f)

[Repealed]

(g)

to give advice to the Minister or the Director-General on any other matter relating to any national park.

Compare: 1952 No 54 s 6

Section 18(b): amended, on 10 April 1990, by section 111(a) of the Conservation Law Reform Act 1990 (1990 No 31).

Section 18(f): repealed, on 10 April 1990, by section 111(b) of the Conservation Law Reform Act 1990 (1990 No 31).

18A Minister to consult Authority in respect of access notice under Crown Minerals Act 1991

The Minister shall consult the Authority in respect of any notice requesting an access arrangement in respect of a national park served on the Minister pursuant to section 59 of the Crown Minerals Act 1991, as soon as practicable after receiving the notice.

Section 18A: inserted, on 1 October 1991, by section 121 of the Crown Minerals Act 1991 (1991 No 70).

19 Authority to implement policy of the Government

[Repealed]

Section 19: repealed, on 25 May 1990, by section 112(2) of the Conservation Law Reform Act 1990 (1990 No 31).

20 Authority may release recommendations, reports, or advice to public

[Repealed]

Section 20: repealed, on 25 May 1990, by section 112(2) of the Conservation Law Reform Act 1990 (1990 No 31).

21 Annual report

[Repealed]

Section 21: repealed, on 25 May 1990, by section 112(2) of the Conservation Law Reform Act 1990 (1990 No 31).

22 Term of office of members of Authority

[Repealed]

Section 22: repealed, on 25 May 1990, by section 112(2) of the Conservation Law Reform Act 1990 (1990 No 31).

23 Chairman of Authority

[Repealed]

Section 23: repealed, on 25 May 1990, by section 112(2) of the Conservation Law Reform Act 1990 (1990 No 31).

24 Meetings of Authority

[Repealed]

Section 24: repealed, on 25 May 1990, by section 112(2) of the Conservation Law Reform Act 1990 (1990 No 31).

25 Director-General entitled to attend meetings of Authority

[Repealed]

Section 25: repealed, on 25 May 1990, by section 112(2) of the Conservation Law Reform Act 1990 (1990 No 31).

26 Servicing of Authority

[Repealed]

Section 26: repealed, on 25 May 1990, by section 112(2) of the Conservation Law Reform Act 1990 (1990 No 31).

27 Fees and travelling expenses of members of Authority

[Repealed]

Section 27: repealed, on 25 May 1990, by section 112(2) of the Conservation Law Reform Act 1990 (1990 No 31).

28 Public Bodies Meetings Act 1962 to apply to Authority

[Repealed]

Section 28: repealed, on 1 March 1988, by section 58(1) of the Local Government Official Information and Meetings Act 1987 (1987 No 174).

Part 3 National parks and reserves boards

[Repealed]

Heading: repealed, on 19 July 1990, by section 114(2) of the Conservation Law Reform Act 1990 (1990 No 31).

29 National parks and reserves boards

[Repealed]

Section 29: repealed, on 19 July 1990, by section 114(2) of the Conservation Law Reform Act 1990 (1990 No 31).

30 Functions of Boards

(1)

In addition to the functions specified elsewhere in this Act or in any other Act, the functions of each Board shall be—

(a)

to recommend management plans, and the review or amendment of such plans, for parks within the jurisdiction of the Board in accordance with sections 45 to 47:

(b)

to consider and determine priorities for the implementation of management plans for national parks:

(c)

to make recommendations to the Minister for the appointment of honorary rangers under section 40:

(d)

to review and report to the Director-General or the Authority, as appropriate, on the effectiveness of the administration of the general policies for national parks within the jurisdiction of the Board:

(e)

[Repealed]

(f)

to give advice to the Director-General or the Authority—

(i)

on the interpretation of any management plan for a park; and

(ii)

on any proposal for the addition of land to any national park or the establishment of a new national park; and

(iii)

on any other matter relating to any national park,—

within the jurisdiction of the Board.

(2)

The Board having jurisdiction in respect of the Whanganui National Park shall, in carrying out its functions,—

(a)

have regard to the spiritual, historical, and cultural significance of the Wanganui River to the Whanganui iwi; and

(b)

seek and have regard to the advice of the trustees of Ngā Tāngata Tiaki o Whanganui (as defined by section 7 of the Te Awa Tupua (Whanganui River Claims Settlement) Act 2017) on any matter that involves the spiritual, historical, and cultural significance of the park to the Whanganui iwi.

Compare: 1952 No 54 s 26; 1974 No 69 s 8

Section 30(1)(a): replaced, on 10 April 1990, by section 113(1) of the Conservation Law Reform Act 1990 (1990 No 31).

Section 30(1)(d): amended, on 1 April 1987, by section 65(1) of the Conservation Act 1987(1987 No 65).

Section 30(1)(e): repealed, on 10 April 1990, by section 113(2) of the Conservation Law Reform Act 1990 (1990 No 31).

Section 30(1)(f): amended, on 1 April 1987, by section 65(1) of the Conservation Act 1987 (1987 No 65).

Section 30(2): inserted, on 10 April 1990, by section 113(3) of the Conservation Law Reform Act 1990 (1990 No 31).

Section 30(2)(b): amended, on 21 March 2017, by section 123(2) of the Te Awa Tupua (Whanganui River Claims Settlement) Act 2017 (2017 No 7).

31 Board may release recommendations, reports, or advice to public

[Repealed]

Section 31: repealed, on 19 July 1990, by section 114(2) of the Conservation Law Reform Act 1990 (1990 No 31).

32 Membership of boards

[Repealed]

Section 32: repealed, on 19 July 1990, by section 114(2) of the Conservation Law Reform Act 1990 (1990 No 31).

33 Term of office of members of board

[Repealed]

Section 33: repealed, on 19 July 1990, by section 114(2) of the Conservation Law Reform Act 1990 (1990 No 31).

34 Chairman of board

[Repealed]

Section 34: repealed, on 19 July 1990, by section 114(2) of the Conservation Law Reform Act 1990 (1990 No 31).

35 Meetings of Board

[Repealed]

Section 35: repealed, on 19 July 1990, by section 114(2) of the Conservation Law Reform Act 1990 (1990 No 31).

36 Director-General entitled to attend meetings of board

[Repealed]

Section 36: repealed, on 19 July 1990, by section 114(2) of the Conservation Law Reform Act 1990 (1990 No 31).

37 Servicing of boards

[Repealed]

Section 37: repealed, on 19 July 1990, by section 114(2) of the Conservation Law Reform Act 1990 (1990 No 31).

38 Fees and travelling expenses of members of board

[Repealed]

Section 38: repealed, on 19 July 1990, by section 114(2) of the Conservation Law Reform 1990 (1990 No 31).

39 Public Bodies Meetings Act 1962 to apply to board

[Repealed]

Section 39: repealed, on 1 March 1988, by section 58(1) of the Local Government Official Information and Meetings Act 1987 (1987 No 174).

Part 4 Administration

40 Rangers

(1)

There may from time to time be appointed under the Public Service Act 2020 suitable persons to be rangers for the purposes of this Act.

(2)

The Minister may from time to time appoint a suitable person to be a ranger in an honorary capacity for the purposes of this Act.

(3)

Any ranger may be appointed for a particular park or parks or to exercise his powers generally throughout New Zealand.

(4)

The Director-General shall supply to every ranger a written warrant signed by or on behalf of the Director-General evidencing the appointment, and the production of that warrant shall, in the absence of proof to the contrary, be sufficient proof of the appointment.

(5)

Every ranger shall, on the expiration of the term of his appointment, or on the sooner vacation of his office, surrender to the Director-General his warrant of appointment and any badge of office that may have been issued to him.

(6)

Every honorary ranger shall be appointed to hold office during the pleasure of the Minister or for such specified term as the Minister thinks fit.

(7)

No person appointed to be an honorary ranger shall, by virtue of that appointment, be deemed to be employed in the service of Her Majesty for the purposes of the Public Service Act 2020 or of the Government Superannuation Fund Act 1956.

(8)

Every constable, every warranted officer appointed under subsection (1) or deemed to have been appointed by subsection (9) of section 59 of the Conservation Act 1987, and every ranger appointed under the Wildlife Act 1953, shall, by virtue of his office, have all the powers of a ranger under this Act.

Compare: 1952 No 54 ss 27A, 27B; 1968 No 136 ss 5(1), 6

Section 40(1): amended, on 7 August 2020, by section 135 of the Public Service Act 2020 (2020 No 40).

Section 40(7): amended, on 7 August 2020, by section 135 of the Public Service Act 2020 (2020 No 40).

Section 40(8): amended, on 10 April 1990, by section 115 of the Conservation Law Reform Act 1990 (1990 No 31).

41 Delegation of Minister’s powers and functions

(1)

Subject to subsection (2), the Minister may from time to time delegate any of his powers and functions under this Act (except this power of delegation) to the Director-General, or to any other officer or officers of the Department specified by the Minister, either in respect of matters within his jurisdiction generally, or in any particular case or matter, or any particular class of cases or matters, or in respect of any national park or parks.

(2)

The Minister shall not delegate—

(a)

his powers and functions under sections 7, 10, and 12; or

(b)

his power to consent to any action of the Director-General taken under this Act where that consent is required by this Act; or

(c)

his power to make bylaws under section 56.

(3)

The officer or officers referred to in subsection (1) may be an officer or officers referred to by name or the officer or officers who for the time being and from time to time hold specified positions in the Department.

(4)

Subject to any general or special directions given or conditions attached by the Minister, any officer to whom any power or function has been so delegated may exercise that power or perform that function in the same manner and with the same effect as if it had been directly conferred on that officer by this Act and not by delegation.

(5)

Every officer purporting to act under any delegation under this section shall, in the absence of proof to the contrary, be presumed to be acting within the terms of that delegation.

(6)

Any such delegation may at any time be revoked by the Minister in whole or in any part, but that revocation shall not affect in any way anything done under the delegated authority before the revocation.

(7)

No such delegation shall prevent the exercise by the Minister himself of any of the powers and functions conferred on him by this Act.

42 Delegation of Director-General’s powers and functions

(1)

Subject to subsection (2), the Director-General may from time to time delegate any of his powers and functions under this Act (except this power of delegation) to any officer or officers of the Department specified by him, either in respect of matters within his jurisdiction generally, or in any particular case or matter, or any particular class of cases or matters, or in respect of any national park or parks.

(2)

The Director-General shall not delegate any powers delegated to him by the Minister without the written consent of the Minister.

(3)

(4)

Subject to any general or special directions given or conditions attached by the Director-General, any officer to whom any power or function has been so delegated may exercise that power or perform that function in the same manner and with the same effect as if they had been conferred on him directly by this section and not by delegation.

(5)

Every officer purporting to act under any delegation under this section shall, in the absence of proof to the contrary, be presumed to be acting in accordance with the terms of that delegation.

(6)

Any such delegation may at any time be revoked by the Director-General in whole or in any part, but that revocation shall not affect in any way anything done under the delegated authority before the revocation.

(7)

No such delegation shall prevent the exercise by the Director-General himself of any of the powers and functions conferred on him by this Act.

Part 5 Control and management of national parks

Administration of parks

43 Parks to be administered by Department

The Department shall, subject to this Act, and in accordance with—

(a)

any statements of general policy adopted under section 44; and

(aa)

any conservation management strategy for the time being in force in respect of a park; and

(b)

any management plan for the time being in force in respect of a park—

administer and manage all national parks in such a manner as to secure to the public the fullest proper use and enjoyment of the parks consistent with the preservation of their natural and historic features and the protection and well-being of their native plants and animals.

Compare: 1952 No 54 ss 15, 26; 1974 No 69 s 8

Section 43(aa): inserted, on 10 April 1990, by section 116 of the Conservation Law Reform Act 1990 (1990 No 31).

General policy statements

44 General policy for parks

(1)

The Authority may, in accordance with subsections (2) to (7), adopt statements of general policy for national parks and amend such statements so that they are adapted to changing circumstances or in accordance with increased knowledge.

(2)

Every statement of general policy shall be prepared initially in draft form by the Director-General in consultation with the Authority.

(3)

Unless the Authority acting under subsection (7) otherwise resolves, the Director-General shall, on the direction of the Authority,—

(a)

give notice by advertisement published in daily newspapers circulating in the cities of Auckland, Hamilton, Wellington, Christchurch, and Dunedin of the availability of the draft statement of general policy for public inspection; and

(b)

in that notice invite persons and organisations interested to lodge with the Director-General written comments on the draft statements of general policy before a date specified in the notice being not less than 2 months after the date of publication of the notice; and

(c)

make the draft statement of general policy available for public inspection, free of charge, during ordinary office hours at the office of the Director-General at Wellington and at such other places as the Authority decides.

(4)

The Director-General shall convey any comments received by him, together with any comments of his own, to the Authority which shall review the draft statement of general policy.

(5)

Before adopting any statement of general policy the Authority shall submit the draft statement to the Minister for his comments.

(6)

In adopting any statement of general policy the Authority shall have regard to the views of the Minister.

(7)

The provisions of this section relating to the adoption of statements of general policy shall apply to every amendment of any such statement, except that the Authority may, if it thinks fit, resolve that the procedure specified in subsection (3) need not be followed.

(8)

Every current statement of general policy adopted by the Authority shall be available for public inspection free of charge during ordinary office hours at the office of the Director-General at Wellington and at such other places as the Authority decides.

Section 44(3)(c): amended, on 1 April 1987, by section 65(1) of the Conservation Act 1987 (1987 No 65).

Section 44(6): amended, on 17 May 2005, by section 3 of the National Parks Amendment Act 2005 (2005 No 62).

Section 44(8): amended, on 1 April 1987, by section 65(1) of the Conservation Act 1987 (1987 No 65).

Conservation management strategies

Heading: inserted, on 10 April 1990, by section 117 of the Conservation Law Reform Act 1990 (1990 No 31).

44A Conservation management strategies

(1)

Every conservation management strategy shall establish objectives for the management of national parks and any areas within any such parks, in the area to which it relates.

(2)

Nothing in any management plan shall derogate from the provisions of any conservation management strategy.

Section 44A: inserted, on 10 April 1990, by section 117 of the Conservation Law Reform Act 1990 (1990 No 31).

Management plans

45 Preparation of management plans

(1)

A management plan shall be prepared for each park in accordance with this section and sections 46 to 48.

(2)

The management plan shall provide for the management of the park in accordance with this Act.

(3)

If, at the commencement of this Act, there is an approved management plan for a park, this section and sections 46 to 48 shall apply to that plan as if it had been approved under this Act on the date on which it was approved.

(4)

Where any management plan has been prepared but not approved at the commencement of this Act, that plan may be approved under section 48 as if it had been prepared in accordance with section 47.

(5)

Where a park is constituted after the commencement of this Act, a management plan shall be prepared in respect of that park within 2 years after constitution of that park.

Section 45(4): replaced, on 23 November 1982, by section 2 of the National Parks Amendment Act 1982 (1982 No 86).

46 Amendment and review of management plans

(1)

The Director-General and the Board affected shall amend or review the management plan so that it takes account of increased knowledge or changing circumstances.

(2)

A management plan may be reviewed in whole or in part.

(3)

Every such plan shall be reviewed and that review approved as a whole at intervals of not more than 10 years in accordance with section 47.

(4)

Subject to subsection (5), every amendment under this section shall be made in accordance with sections 47 (except subsection (1)) and 48.

(5)

Where any such amendment is of such a nature that the Director-General and the Board affected consider that it will not materially affect the objectives or policies expressed in the plan or the public interest in the area concerned, the amendment shall be dealt with in accordance with sections 47 (except subsections (1) to (3)) and 48.

Section 46: replaced, on 10 April 1990, by section 118 of the Conservation Law Reform Act 1990 (1990 No 31).

47 Procedure for preparing and reviewing management plans

(1)

Before preparing or reviewing a management plan for any park, the Director-General shall consult the Board having jurisdiction over that park, and shall—

(a)

(b)

in that notice, invite persons and organisations interested to send to the Director-General written suggestions for the proposed plan within a time specified in the notice.

(2)

Every management plan shall be prepared initially in draft form by the Director-General in consultation with the Board, and the Director-General shall—

(a)

give notice by advertisement published in a newspaper circulating in the area in which the park is situated and in daily newspapers circulating in the cities of Auckland, Hamilton, Wellington, Christchurch, and Dunedin that the draft plan is available for inspection at a place and at times specified in the notice, and calling upon persons or organisations interested to lodge with the Director-General written comments on the draft plan before a date specified in the notice, being not less than 2 months after the date of publication of the notice; and

(b)

give notice in writing, so far as is practicable, to all persons and organisations who or which made written suggestions under subsection (1) stating that the draft plan has been prepared and is available for inspection at the place and during the times specified in the notice, and requiring any such person or organisation who or which desires to comment on the draft plan to make those comments in writing to the Director-General before a specified date, being not less than 2 months after the date of the giving of the notice; and

(c)

make the draft management plan available for public inspection, free of charge, during ordinary office hours at places decided by the Director-General, and at the office of the Director-General at Wellington.

(3)

The Board and the Director-General shall give every person or organisation who or which, in making any comments under subsection (2), asked to be heard in support of his or her or its comments a reasonable opportunity of appearing before a meeting of the representatives of the Board and the Director-General in support of his or her or its comments.

(4)

The Director-General may, after considering all comments and submissions made under subsections (2) and (3), amend any draft management plan in such manner as the Director-General thinks fit, and shall send it to the Board.

(5)

The Board shall consider the amendments made by the Director-General under subsection (4), and shall either—

(a)

send the draft back to the Director-General for further consideration and revision and after such consideration send the draft to the Authority for approval; or

(b)

send the draft to the Authority for approval.

(6)

With every recommendation made under subsection (5), the Board shall also send to the Authority—

(a)

a summary of the comments received and a statement of the extent to which they have or have not been accepted; and

(b)

statements of any matters relating to the management plan on which the Director-General and the Board have been unable to reach agreement.

(7)

In exercising their functions, duties, and powers under this section, the Board, the Director-General, and the Authority shall have regard to any relevant concessions for the time being in force.

Section 47(1): amended, on 10 April 1990, by section 119(1) of the Conservation Law Reform Act 1990 (1990 No 31).

Section 47(1): amended, on 1 April 1987, by section 65(1) of the Conservation Act 1987 (1987 No 65).

Section 47(1)(b): amended, on 1 April 1987, by section 65(1) of the Conservation Act 1987 (1987 No 65).

Section 47(2): amended, on 10 April 1990, by section 119(2)(a) of the Conservation Law Reform Act 1990 (1990 No 31).

Section 47(2): amended, on 1 April 1987, by section 65(1) of the Conservation Act 1987 (1987 No 65).

Section 47(2)(a): amended, on 1 April 1987, by section 65(1) of the Conservation Act 1987 (1987 No 65).

Section 47(2)(b): amended, on 1 April 1987, by section 65(1) of the Conservation Act 1987 (1987 No 65).

Section 47(2)(c): amended, on 10 April 1990, by section 119(2)(b) of the Conservation Law Reform Act 1990 (1990 No 31).

Section 47(3): replaced, on 10 April 1990, by section 119(3) of the Conservation Law Reform Act 1990 (1990 No 31).

Section 47(4): replaced, on 10 April 1990, by section 119(4) of the Conservation Law Reform Act 1990 (1990 No 31).

Section 47(5): replaced, on 10 April 1990, by section 119(4) of the Conservation Law Reform Act 1990 (1990 No 31).

Section 47(6): inserted, on 10 April 1990, by section 119(4) of the Conservation Law Reform Act 1990 (1990 No 31).

Section 47(7): inserted, on 1 July 1996, by section 4 of the National Parks Amendment Act 1996 (1996 No 4).

48 Approval of management plans

(1)

The Authority shall consider the plan and the matters referred to it under section 47(6) and, after modifying the plan in such manner as it thinks fit, shall refer the plan to the Minister.

(2)

Before approving any management plan, the Authority shall, without limiting section 19, have regard to the views of the Minister.

(3)

Every management plan shall have effect on the date on which it is approved by the Authority, or such later date as may be specified by the Authority.

(4)

Every approved management plan shall be available for public inspection during ordinary office hours, free of charge, at places decided by the Board, and at the office of the Director-General at Wellington.

Section 48(1): amended, on 27 March 2008, by section 4 of the National Parks Amendment Act 2008 (2008 No 14).

Section 48(4): amended, on 1 April 1987, by section 65(1) of the Conservation Act 1987 (1987 No 65).

Powers of Minister

49 Concessions

(1)

The Minister may, in accordance with Part 3B of the Conservation Act 1987, grant a concession in respect of any park; and the said Part 3B shall apply as if references in that Part to a conservation area were references to a park and with any other necessary modifications.

(2)

Before granting any concession over a park, the Minister shall satisfy himself or herself that a concession—

(a)

can be granted without permanently affecting the rights of the public in respect of the park; and

(b)

is not inconsistent with section 4.

(3)

The Minister may impose a reasonable charge for the use of any facilities (other than a path or track) provided by the Minister in or in respect of any park.

(4)

A concessionaire of any part of any park may, to the extent that the concessionaire’s concession document so provides, impose a reasonable charge for the use of any facilities (other than a path or track) provided by the Minister in or in respect of the park.

(5)

Any person who—

(a)

has, in accordance with any concession or other consent of the Minister, erected any structure or facility in any park; or

(b)

uses for camping sites or for parking places for vehicles any part of any park; or

(c)

carries on any activity in any park—

may, subject to the relevant conservation management strategy or management plan (if any) and the terms and conditions (if any) of the concession document concerned, impose a reasonable charge in respect of access to or the use of structures, sites, or places, or the carrying on or products of the activity.

(6)

Nothing in this section authorises any person to do anything on or in respect of any private land.

(7)

This section is subject to Part 2 of the Forests (West Coast Accord) Act 2000, in relation to land that is added to a national park as a result of a declaration under section 8(1) of that Act.

Section 49: replaced, on 1 July 1996, by section 5(1) of the National Parks Amendment Act 1996 (1996 No 4).

Section 49(7): inserted, on 21 October 2000, by section 22 of the Forests (West Coast Accord) Act 2000 (2000 No 45).

50 Accommodation within parks

(1)

The Minister may, from time to time, in accordance with the management plan for a park, and on such terms and conditions as to design, materials, situation, custody, use, rental, inspection, maintenance, public access, or otherwise as he determines,—

(a)

establish, or authorise, or assist in the establishment by any body or person (whether incorporated or not), of camping grounds, huts, hostels, accommodation houses, hotels, and other buildings, or facilities in any park:

(b)

[Repealed]

(c)

erect or authorise the erection of accommodation for the use of rangers or officers of any department of State or other persons engaged in the administration, control, or management of the park or the protection of forests in or adjacent to the park:

(d)

grant concessions over or in respect of land within the park as sites for dwellings for persons or bodies (whether incorporated or not) carrying on any activity within the park.

(2)

In the exercise of the powers conferred by subsection (1), the Minister may permit the use of stone, gravel, or similar substances found in the park.

(3)

[Repealed]

(4)

Notwithstanding subsection (1), the Minister may grant a lease or licence of any hotel, accommodation house, or facility that was established in any park before the commencement of this subsection, whether or not the grant of any such lease or licence is authorised by either of those subsections.

(5)

While a lease or licence granted under subsection (4) is in force, the following provisions shall apply:

(a)

the person or body carrying out any review of the management plan for the park shall have regard to the provisions of that lease or licence:

(b)

before granting a new lease or licence in place of that lease or licence, or a renewal of that lease or licence, the Minister shall have regard to the provisions of the management plan (if any) that is for the time being in force for the park.

Compare: 1952 No 54 ss 28(1)(c), (e), (f), (ii), (2), 30; 1964 No 102 s 2(1); 1968 No 136 s 5(2)(a), (b)

Section 50(1)(a): amended, on 10 April 1990, by section 121(1)(a) of the Conservation Law Reform Act 1990 (1990 No 31).

Section 50(1)(b): repealed, on 1 July 1996, by section 6(1)(a) of the National Parks Amendment Act 1996 (1996 No 4).

Section 50(1)(d): replaced, on 1 July 1996, by section 6(2) of the National Parks Amendment Act 1996 (1996 No 4).

Section 50(2): amended, on 1 July 1996, by section 6(1)(b) of the National Parks Amendment Act 1996 (1996 No 4).

Section 50(3): repealed, on 1 July 1996, by section 6(1)(c) of the National Parks Amendment Act 1996 (1996 No 4).

Section 50(4): inserted, on 10 April 1990, by section 121(2) of the Conservation Law Reform Act 1990 (1990 No 31).

Section 50(4): amended, on 1 July 1996, by section 6(1)(d) of the National Parks Amendment Act 1996 (1996 No 4).

Section 50(5): inserted, on 10 April 1990, by section 121(2) of the Conservation Law Reform Act 1990 (1990 No 31).

51 Farming within parks

(1)

This section applies to farming land and grazing land that, in the public interest, should continue to be farmed or grazed.

(2)

The Minister may, in accordance with the management plan for the park, grant concessions under section 49 over any part of the park that is land to which this section applies.

Section 51: replaced, on 1 July 1996, by section 7 of the National Parks Amendment Act 1996 (1996 No 4).

51A Other activities in parks

(1)

The Minister may do, or authorise a person to do, any thing that the Minister considers appropriate for the proper and beneficial management, administration, and control of a park.

(2)

If there is a management plan for the park, the Minister must not do, or authorise a person to do, any thing that is inconsistent with the management plan.

(3)

If the Minister authorises a person to do any thing, the Minister may impose any terms and conditions the Minister considers appropriate in the circumstances, including a condition requiring the payment of fees.

Section 51A: inserted, on 7 July 2010, by section 5 of the National Parks Amendment Act 2010 (2010 No 73).

52 Conservation Act 1987 to apply to leases and licences

[Repealed]

Section 52: repealed, on 1 July 1996, by section 8(1) of the National Parks Amendment Act 1996 (1996 No 4).

53 Powers of Minister where services provided by the Crown

[Repealed]

Section 53: repealed, on 1 July 1996, by section 8(1) of the National Parks Amendment Act 1996 (1996 No 4).

54 Minister may grant easements

[Repealed]

Section 54: repealed, on 1 July 1996, by section 8(1) of the National Parks Amendment Act 1996 (1996 No 4).

55 Roads within park

(1)

This Act shall not confer on the Minister or the Department any jurisdiction or authority with respect to any public road that is within the boundaries of the park.

(2)

Except with the consent of the Minister given in accordance with the management plan for a park, no roads may be made over or through the park.

Compare: 1952 No 54 s 33

Section 55(2): amended, on 1 July 1996, by section 9 of the National Parks Amendment Act 1996 (1996 No 4).

56 Bylaws

(1)

The Minister may from time to time, by notice in the Gazette, make bylaws that are not inconsistent with the management plan for any park for all or any of the following purposes:

(a)

the management, safety, and preservation of any park, and the safety and preservation of the native plants and animals in the park:

(b)

the safety and protection of the public using any parks:

(c)

excluding the public from any specified part or parts of any park:

(d)

prescribing the conditions on which persons shall have access to or be excluded from any park or any part of any park, or on which persons may use any building or facility in a park, and fixing charges for the admission of persons to any part of any park set apart for any specified purpose of public recreation and for the use of any such building or facility:

(e)

prescribing conditions for the use of camping sites, or picnic places in any park, and fixing charges for the use of any such camping sites, or picnic places:

(f)

prohibiting or regulating the use or parking of vehicles or the use or mooring of boats in any park:

(g)

setting apart and prescribing conditions and fixing charges for the use of parking areas within any park, and providing for the removal from any such area of any motor vehicle parked there in breach of any such condition:

(h)

prohibiting or regulating the use of any internal combustion engine in any park, whether or not that engine is the means of propulsion of any vehicle, boat, machinery, or appliance:

(i)

prescribing conditions on which persons may be permitted to enter or remain in any wilderness area within any park:

(j)

prescribing the safety devices to be fitted to any machinery or device operated in any park under the authority of any agreement, lease, or licence made or granted by the Minister, and regulating the operation and maintenance of such machinery or devices:

(k)

prohibiting the hovering over or landing of any aircraft on any part of a park:

(l)

prescribing conditions upon which operators and pilots in command of aircraft may land and take off or set down, pick up, or recover within any park any person, livestock, carcass, or article of any description:

(m)

prescribing fines, not exceeding $5,000 in any one case, for the breach of any bylaw made under paragraphs (a) to (j):

(n)

prescribing fines, not exceeding $10,000 in any one case, for the breach of any bylaw made under paragraphs (k) to (l).

(2)

Bylaws may be made under subsection (1) in respect of parks generally, or in respect of any 1 or more of those parks.

(3)

The publication in the Gazette of any bylaws purporting to have been made under this section shall be conclusive evidence that the bylaws have been made under this section.

Compare: 1952 No 54 ss 38–40; 1970 No 92 s 2; 1973 No 80 s 3; 1977 No 82 s 6(1)

Section 56(1)(d): replaced, on 10 April 1990, by section 124 of the Conservation Law Reform Act 1990 (1990 No 31).

Section 56(1)(m): replaced, on 25 October 2013, by section 10 of the Conservation (Natural Heritage Protection) Act 2013 (2013 No 89).

Section 56(1)(n): replaced, on 25 October 2013, by section 10 of the Conservation (Natural Heritage Protection) Act 2013 (2013 No 89).

Part 5A Control of dogs

Part 5A: inserted, on 2 May 1996, by section 3 of the National Parks Amendment Act (No 2) 1996 (1996 No 15).

56A Restrictions in relation to dogs

Except as provided in this Act or in any bylaws made under this Act, no person, being an owner of a dog or a person in charge of a dog, shall allow that dog to be in a national park.

Section 56A: inserted, on 2 May 1996, by section 3 of the National Parks Amendment Act (No 2) 1996 (1996 No 15).

56B Dog control permits

(1)

Subject to section 56C, the Director-General may from time to time issue in respect of any dog a dog control permit allowing the owner or any other person in charge of that dog to take that dog into any national park or part of a national park specified in the permit.

(2)

Without limiting the generality of subsection (1), it is hereby declared that the Director-General may refuse to issue a dog control permit if the permit is sought—

(a)

in relation to a dog that is classified as a dangerous dog under section 31 of the Dog Control Act 1996 or is not registered under that Act; or

(b)

by a person who is—

(i)

a person classified under section 21(1) of the Dog Control Act 1996 as a probationary owner; or

(ii)

a person disqualified under section 25 of the Dog Control Act 1996 from being the owner of any dog; or

(iii)

a person who has been convicted of an offence under the Dog Control and Hydatids Act 1982; or

(iv)

a person who has been convicted of an offence against section 26ZZP or section 26ZZQ of the Conservation Act 1987 or section 56I of this Act; or

(v)

a person who has been convicted of an offence against the Wildlife Act 1953, the Marine Mammals Protection Act 1978, or the Trade in Endangered Species Act 1989 or any regulations made under any of those Acts.

(3)

Every dog control permit issued under subsection (1) shall be subject to—

(a)

the condition that the holder carry the permit on his or her person whenever the holder is in a national park and is accompanied by the dog; and

(b)

such other conditions as the Director-General thinks fit to impose.

(4)

Every dog control permit issued under subsection (1) shall state the activity and purpose for which it is issued.

Section 56B: inserted, on 2 May 1996, by section 3 of the National Parks Amendment Act (No 2) 1996 (1996 No 15).

56C Requirements in relation to dog control permits

(1)

The Director-General, in exercising his or her powers under subsection (1) or subsection (3)(b) of section 56B, shall have regard to—

(a)

any actual or potential risk to protected wildlife vulnerable to dogs that is on or in the vicinity of the national park or the part of the national park in respect of which the permit is sought:

(b)

the purposes for which national parks are held:

(c)

the provisions of any relevant statement of general policy, management strategy, or management plan:

(d)

the need to preserve the safety of members of the public who are likely to be in the national park or in the vicinity of the national park:

(e)

any conflict between—

(i)

dogs or people with dogs; and

(ii)

other users of the national park—

that may or will occur in the national park or in relation to the use of the national park.

(2)

The Director-General shall not issue a dog control permit under section 56B(1) unless he or she is satisfied—

(a)

that a dog is essential for the proposed activity; and

(b)

that the proposed activity—

(i)

is lawful; and

(ii)

is not inconsistent with the purposes of this Act or the relevant management strategy or management plan.

Section 56C: inserted, on 2 May 1996, by section 3 of the National Parks Amendment Act (No 2) 1996 (1996 No 15).

Section 56C(1)(c): amended, on 26 March 2015, by section 4(1) of the National Parks Amendment Act 2015 (2015 No 27).

Section 56C(2)(b)(ii): amended, on 26 March 2015, by section 4(2) of the National Parks Amendment Act 2015 (2015 No 27).

56D Power to amend or revoke dog control permit

The Director-General may amend or revoke a dog control permit issued under section 56B(1).

Section 56D: inserted, on 2 May 1996, by section 3 of the National Parks Amendment Act (No 2) 1996 (1996 No 15).

56E Persons authorised to take dogs into national park area without dog control permit

(1)

Any person being—

(a)

a Police employee; or

(b)

a ranger; or

(c)

an officer or employee of the Department; or

(d)

a Customs Officer; or

(e)

a search and rescue person—

may, in the course of his or her official duties or in the course of his or her training for those duties and without being the holder of a dog control permit, take a dog into a national park.

(2)

Any blind or partly blind person who uses a guide dog may, without being the holder of a dog control permit, take that guide dog into a national park.

(3)

Any person who uses a companion dog may, without being the holder of a dog control permit, take that companion dog into a national park.

Section 56E: inserted, on 2 May 1996, by section 3 of the National Parks Amendment Act (No 2) 1996 (1996 No 15).

Section 56E(1)(a): amended, on 1 October 2008, by section 130(1) of the Policing Act 2008 (2008 No 72).

56F Seizure and destruction of dogs

(1)

Any ranger who finds a dog in a national park may, unless that dog is in the national park in accordance with—

(a)

a bylaw made under this Act; or

(b)

a dog control permit issued under section 56B; or

(c)

section 56E,—

seize that dog.

(2)

Where a dog is in a national park by virtue of a permit issued under section 56B, any ranger may seize that dog if—

(a)

the dog is not in the immediate vicinity of the holder of the permit and the ranger has good cause to suspect that there is a significant risk—

(i)

of injury to any person or any protected wildlife; or

(ii)

of disturbance to any protected wildlife; or

(b)

any condition of the permit or any provision of any bylaw made under this Act is not being observed in relation to the dog; or

(c)

the holder of the permit is in the immediate vicinity of the dog but the ranger has good cause to suspect that the holder of the permit is unwilling or unable to control the dog; or

(d)

the dog has caused injury to any person or to any protected wildlife or has killed any protected wildlife.

(3)

Where a dog is at large in a national park and a ranger or any other person has good cause to suspect—

(a)

that any condition of a dog control permit or any provision of any bylaw made under this Act is not being observed in relation to that dog; or

(b)

that dog is likely to cause annoyance or distress to any person or animal; or

(c)

that dog is likely to damage any property in the national park; or

(d)

that dog has caused annoyance or distress to any person or animal; or

(e)

that dog has damaged any property in the national park; or

(f)

that dog has caused injury to any person or to any protected wildlife or has killed any protected wildlife,—

that ranger or other person may seize that dog.

(4)

Where a ranger has, under any provision of subsections (1) to (3), power to seize a dog but is of the opinion that it is impracticable to do so, that ranger may, without any further inquiry, destroy that dog.

Section 56F: inserted, on 2 May 1996, by section 3 of the National Parks Amendment Act (No 2) 1996 (1996 No 15).

56G Disposal of seized dogs

(1)

Where a ranger or any other person seizes a dog under any provision of section 56F, that ranger or other person may—

(a)

cause that dog to be returned to its owner; or

(b)

hold the dog in a kennel under the Department’s custody; or

(c)

place the dog in the custody of a territorial authority to be impounded under section 69 of the Dog Control Act 1996.

(2)

Where a dog is held by the Department under subsection (1)(b), the following provisions shall apply:

(a)

the Director-General may, in his or her discretion, return the dog to its owner subject to payment by the owner of any charges incurred, unless the Director-General, in his or her discretion, decides to waive or reduce the charges:

(b)

the Director-General or an employee of the Department shall, as soon as practicable after the dog has been seized,—

(i)

give written notice to the nearest territorial authority that the dog has been seized and is held by the Department and shall include in that notice a description of the dog and any other means of identifying it:

(ii)

give written notice to the owner of the dog (where the owner of the dog is known or can reasonably be located) that the dog has been seized and that, unless the dog is claimed and any charges paid within 7 days of the receipt of that notice, the dog may be sold, destroyed, or otherwise disposed of in such manner as the Director-General thinks fit; and after the expiry of that period the Director-General may so dispose of the dog:

(c)

where the owner of the dog is not known and cannot be identified, the Director-General may, after the expiry of 7 days after the date of the seizure of the dog, sell, destroy, or otherwise dispose of the dog in such manner as the Director-General thinks fit:

(d)

the sale, destruction, or other disposal of a dog under these provisions shall not relieve any former owner of the dog of the liability to pay any fees incurred in respect of the dog’s seizure, sustenance, and holding.

(3)

Where a dog that is not registered under the Dog Control Act 1996 but ought to be so registered is held by the Department under subsection (1)(b) of this section, no offence is committed against section 42 of that Act by the person holding or disposing of the dog under subsection (1)(b).

(4)

Except as provided in subsection (1)(c), nothing in section 69 of the Dog Control Act 1996 affects or limits the provisions of this section.

Section 56G: inserted, on 2 May 1996, by section 3 of the National Parks Amendment Act (No 2) 1996 (1996 No 15).

56H Recovery of costs relating to dogs

(1)

The reasonable costs of the seizure, holding, maintaining, or destruction of a dog under this Part shall constitute a debt due to the Crown by the owner of the dog and, subject to subsection (2), shall be recoverable by the Director-General from the owner of the dog.

(2)

The Director-General may, in the Director-General’s absolute discretion, refund or waive payment of all or any part of any sum paid or required to be paid pursuant to this section.

Section 56H: inserted, on 2 May 1996, by section 3 of the National Parks Amendment Act (No 2) 1996 (1996 No 15).

56I Offences

(1)

Every person commits an offence against this Act and is liable on conviction to imprisonment for a term not exceeding 12 months or to a fine not exceeding $10,000 or to both who,—

(a)

being the owner of a dog or a person in charge of a dog, allows that dog, in contravention of section 56A, to be in a national park; or

(b)

being a person who is authorised, by or under this Act, to take a dog into a national park, fails to keep under proper control a dog that he or she has taken into a national park; or

(c)

being the owner or a person in charge of a dog, fails to comply with any condition of a dog control permit.

(2)

Without limiting the generality of subsection (1)(b), a dog shall, for the purposes of this Act, be deemed not to be under proper control if it is found at large in a national park.

Section 56I: inserted, on 2 May 1996, by section 3 of the National Parks Amendment Act (No 2) 1996 (1996 No 15).

Section 56I(1): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

56J Power of ranger to request information

(1)

Any ranger may, for the purposes of dog control in any national park request any person who is in that national park and who appears to be in charge of any dog to state his or her own name, address, and date of birth, and, where that person claims not to be the owner of the dog, to state the name and address of the owner of the dog.

(2)

Every person commits an offence and is liable on conviction to a fine not exceeding $1,500 who, without reasonable excuse, fails or refuses to comply with any lawful request under subsection (1), or wilfully states a false name or address or date of birth in response to such a request.

(3)

Any ranger who is a constable and who—

(a)

has good cause to suspect that an offence against subsection (2) has been committed by any person; and

(b)

has warned that person of the provisions of this subsection; and

(c)

has good cause to suspect that a further offence against subsection (2) has been committed by that person subsequent to the warning,—

may arrest that person without a warrant.

Section 56J: inserted, on 2 May 1996, by section 3 of the National Parks Amendment Act (No 2) 1996 (1996 No 15).

Section 56J(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

56K Evidence in proceedings

(1)

Subject to subsections (3) and (4), in any proceedings in respect of an offence against any provision of this Part, a certificate purporting to be signed by the Director-General or any officer authorised by the Director-General for that purpose to the effect that, on a date specified in the certificate, the defendant or other named person was not the holder of a dog control permit shall, in the absence of proof to the contrary, be sufficient evidence of the matter stated in the certificate.

(2)

A copy of any licence or document granted or issued under this Act which is certified correct by the Director-General, or any officer of the Department duly authorised by the Director-General in that behalf, shall, in any proceedings for an offence against this Part, be sufficient, in the absence of proof of the contrary, to prove that licence or other document.

(3)

The production of any certificate or copy of any document for the purpose of this section purporting to be signed by any person authorised under this section to sign it shall, in any proceedings for an offence against this Part, be prima facie evidence of the certificate or copy without proof of the signature of the person appearing to have signed it.

(4)

The production of any certificate or copy of any document signed by the Director-General and certifying that the land upon which any offence is alleged to have taken place was included within a national park shall, in any proceedings for an offence against this Part, be sufficient evidence that the land was within a national park.

Section 56K: inserted, on 2 May 1996, by section 3 of the National Parks Amendment Act (No 2) 1996 (1996 No 15).

56L Strict liability

(1)

In any prosecution for any offence against any provision of section 56I, it shall not be necessary for the prosecution to prove that the defendant intended to commit an offence.

(2)

It shall be a defence in any such prosecution if the defendant proves—

(a)

that the defendant did not intend to commit the offence; and

(b)

that—

(i)

in any case where it is alleged that anything required to be done was not done, the defendant took all reasonable steps to ensure that it was done; or

(ii)

in any case where it is alleged that anything prohibited was done, that the defendant took all reasonable steps to ensure that it was not done.

Section 56L: inserted, on 2 May 1996, by section 3 of the National Parks Amendment Act (No 2) 1996 (1996 No 15).

Part 6 Financial provisions

57 Application of revenue from national parks

(1)

All money received by way of rent, penalties, fee, fines, royalties, donations, subsidies, or otherwise under this Act shall be paid in accordance with the Public Finance Act 1989 into a Crown Bank Account, the Department’s Departmental Bank Account, or a Trust Bank Account and applied, as directed by the Minister, in purchasing, taking on lease, managing, administering, maintaining, protecting, improving, or developing national parks, conducting research into matters related to national parks, or for educational purposes associated with national parks, or otherwise in carrying out the objects of this Act.

(2)

Notwithstanding subsection (1), where any money has been received under this Act by way of gift or bequest and the person who gave or bequeathed the money has directed that the money shall be used for any particular purpose or purposes or in any particular park or parks, that money shall be applied only in accordance with those directions.

Section 57(1): amended, on 25 January 2005, pursuant to section 83(7) of the Public Finance Act 1989 (1989 No 44).

Section 57(1): amended, on 1 July 1989, by section 86(1) of the Public Finance Act 1989 (1989 No 44).

58 Application of proceeds where land excluded from national park

(1)

Where any land is excluded from any park and the land is subsequently alienated by the Crown the proceeds of the alienation shall be paid into a Crown Bank Account, and the following provisions shall apply:

(a)

except in a case to which paragraph (b) applies, an amount equal to the proceeds of the sale may, if the Minister so directs, be paid out of public money, and applied in accordance with section 57:

(b)

where the land is sold on deferred-payment licence or is granted on Crown lease, there may, if the Minister so directs, be paid out of public money, and applied in accordance with section 57—

(i)

an amount equal to the purchase price payable under the deferred-payment licence, or, as the case may be, the rental value of the lease; or

(ii)

an amount equal to the instalments (including interest) paid under the deferred-payment licence, or, as the case may be, the rent paid under the lease.

(2)

Where, before the commencement of this Act, any land was excluded from a national park, then, notwithstanding anything in any other Act, subsection (1) shall apply with respect to the proceeds of any alienation of the land received after the commencement of this Act as if the land had been excluded from the national park under section 11.

Compare: 1977 No 66 s 82

Section 58(1): amended, on 25 January 2005, pursuant to section 83(7) of the Public Finance Act 1989 (1989 No 44).

Section 58(1): amended, on 1 July 1989, by section 86(1) of the Public Finance Act 1989 (1989 No 44).

Section 58(1)(a): amended, on 1 July 1989, by section 86(1) of the Public Finance Act 1989 (1989 No 44).

Section 58(1)(b): amended, on 1 July 1989, by section 86(1) of the Public Finance Act 1989 (1989 No 44).

59 Local authorities may make contributions for national park purposes

Any local authority may from time to time make contributions out of its general fund or account towards the cost of acquisition by the Crown of any land or interest in land for national park purposes or for the management, improvement, and maintenance of any national park, or of any part of a national park, notwithstanding that the national park may be situated outside the district of that local authority.

Compare: 1952 No 54 s 51

Part 7 Offences

60 Offences in parks

(1)

Every person commits an offence against this Act who, without being authorised by the Minister (the proof of which shall be on the person charged) or by any bylaw made under this Act,—

(a)

causes or allows any animal owned by him or under his control to trespass on any park; or

(b)

takes any animal into or liberates any animal in any park; or

(c)

plants any plant, or sows or scatters the seed of any plant, or introduces any substance that he knows or ought to have known is injurious to plant or animal life, in any park; or

(d)

removes or wilfully damages any, or any part of, any plant, stone, mineral, gravel, kauri gum, protected New Zealand object, or relic in any park; or

(e)

wilfully digs, cuts, excavates, or damages the turf in any park; or

(f)

occupies or uses any land in a park for cultivation or any other purpose; or

(g)

wilfully damages or defaces any fence, building, or apparatus in any park; or

(h)

takes or destroys or wilfully injures or in any manner disturbs or interferes with any native animal or the nest or eggs of any native animal in any park; or

(i)

erects any building, sign, hoarding, or apparatus in any park; or

(j)

conducts in any park any activity for which a concession is required under this Act; or

(k)

in any way interferes with or damages the natural or historic features of any park; or

(l)

contravenes or fails to comply with section 51A.

(2)

Every person commits an offence against this Act who—

(a)

when required by notice from the Minister or the Director-General to remove from a park any animal owned by him or under his control, fails to do so within the period specified in the notice; or

(b)

being the driver of any vehicle or the pilot of any aircraft or the person in charge of any boat that is illegally in a park or part of a park, fails or refuses to remove it from the park or part of a park when required to do so by any ranger; or

(c)

without a concession or other right or authority, does or causes to be done any act, matter, or thing for which a concession or other right or authority is required by this Act; or

(d)

unlawfully alters, obliterates, defaces, pulls up, removes, interferes with, or destroys any boundary marks, or any stamp, mark, sign, poster, intentions book, concession, or other right or authority issued by the Minister or the Department.

(3)

Every person commits an offence against this Act who uses, receives, sells, or otherwise disposes of any item specified in paragraph (d) or paragraph (h) of subsection (1) knowing it to have been removed unlawfully from any park.

(4)

Every person commits an offence against this Act who, without being authorised by the Minister (the proof of which shall be on the person charged),—

(a)

is in possession of any chainsaw or any firearm, trap, net, or other like object in a park; or

(b)

discharges any firearm in a park; or

(c)

from outside a park, shoots at any animal or any other object or thing inside the park with any firearm.

(5)

Where any person is found discharging a firearm in contravention of subsection (4), section 61(6) shall apply in respect of that firearm in all respects as if it were illegally in the possession of that person in the park.

(6)

Any person convicted of an offence under this section shall, in addition to any penalty for which he may be liable for the offence, be liable to pay the cost of repairing or restoring any damage done to the park, or to any plant or property growing or being in the park in the course of committing such an offence.

(7)

[Repealed]

(8)

For the purpose of subsection (6), the cost or value shall be assessed by a District Court Judge, and shall be recoverable in like manner as a fine.

Compare: 1952 No 54 s 54; 1955 No 75 s 2; 1968 No 136 s 5(2)(d); 1974 No 69 s 10; 1977 No 82 ss 7(1), (3), 8(1), 9

Section 60(1)(d): amended, on 1 November 2006, by section 35 of the Protected Objects Amendment Act 2006 (2006 No 37).

Section 60(1)(j): replaced, on 1 July 1996, by section 10(1) of the National Parks Amendment Act 1996 (1996 No 4).

Section 60(1)(l): inserted, on 1 July 1996, by section 10(2) of the National Parks Amendment Act 1996 (1996 No 4).

Section 60(2)(a): amended, on 1 April 1987, by section 65(1) of the Conservation Act 1987 (1987 No 65).

Section 60(2)(c): amended, on 1 July 1996, by section 10(3)(a) of the National Parks Amendment Act 1996 (1996 No 4).

Section 60(2)(d): amended, on 1 July 1996, by section 10(3)(b) of the National Parks Amendment Act 1996 (1996 No 4).

Section 60(7): repealed, on 25 October 2013, by section 11(1) of the Conservation (Natural Heritage Protection) Act 2013 (2013 No 89).

Section 60(8): amended, on 25 October 2013, by section 11(2) of the Conservation (Natural Heritage Protection) Act 2013 (2013 No 89).

Section 60(8): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

61 Seizure and forfeiture of property

(1)

Any ranger may seize any item found in the possession of any person in a park, if he has reasonable cause to believe that that person, in obtaining possession of the item, committed an offence against this Act.

(2)

[Repealed]

(3)

If, in any case to which paragraph (a) or (b) applies, no proceedings are taken in respect of that offence within 6 months after that seizure, or in proceedings taken within that period the charge is dismissed, then, despite subpart 6 of Part 4 of the Search and Surveillance Act 2012,—

(a)

in any case where the item seized is protected wildlife or the nest or egg of any protected wildlife or the body of any protected wildlife, or any part thereof, it shall be dealt with under the Wildlife Act 1953:

(b)

in any case where the item seized is a protected New Zealand object, it shall be dealt with as follows:

(i)

where, under the Protected Objects Act 1975, it is the property of the Crown, it shall be delivered to the Secretary for Internal Affairs or, with his consent, kept in the custody of the Director-General:

(ii)

in any other case, it shall be delivered to the person who is entitled to its custody under the Protected Objects Act 1975.

(c)

[Repealed]

(4)

Where in proceedings taken within that period in respect of that offence against the person from whom the property was seized, the defendant is convicted of the offence in respect of which the property was seized, then—

(a)

in any case where that property is protected wildlife or the nest or egg of any protected wildlife or the body of any protected wildlife, or any part thereof, it shall be forfeited to the Crown and shall be dealt with under the Wildlife Act 1953:

(b)

in any case where the item seized is a protected New Zealand object, it shall be dealt with as follows:

(i)

(ii)

in any other case, it shall be delivered to the person who is entitled to its custody under the Protected Objects Act 1975:

(c)

in the case of any other item, it shall be forfeited to the Crown.

(4A)

Subsection (4) applies as if a person were convicted of an offence if an infringement notice is issued to the person or a charging document is filed against the person in relation to an infringement offence and any of the following occurs:

(a)

the infringement fee for the offence is paid:

(b)

a copy of a reminder notice in respect of the infringement offence is filed or a reminder notice is deemed to have been filed in a court under section 21 of the Summary Proceedings Act 1957, as the case requires, within 6 months after the time when the offence is alleged to have been committed:

(c)

the informant and the person enter into an arrangement under section 21(3A) of the Summary Proceedings Act 1957 allowing the person to pay the relevant infringement fee by instalments:

(d)

the person is found guilty, or admits the commission, of the infringement offence.

(5)

All buildings, signs, hoardings, fences, or apparatus erected in any park without the written consent of the Minister shall be forfeited to the Crown.

(6)

Any chainsaw, firearm, trap, net, or other like item found in the unlawful possession of any person in any park, and any item found in the possession of any person in any park and used in committing an offence in the park, may be seized by any ranger.

(7)

Subject to subsection (3), the provisions of Part 4 of the Search and Surveillance Act 2012 (except subpart 3) apply.

(8)

A court may direct that an item seized under subsection (6) be forfeited to the Crown if—

(a)

proceedings for an offence are taken against the person from whom the item was seized within 6 months after the seizure and the court enters a conviction against the person; or

(b)

proceedings for an infringement offence are commenced against the person from whom the item was seized by filing a charging document within 6 months after the seizure and the person is found guilty, or admits the commission, of an infringement offence.

(8A)

If proceedings are not commenced within 6 months after the seizure, or if the court does not direct that the item be forfeited to the Crown, the item must be returned to the person from whom it was seized.

(9)

Every item that is forfeited to the Crown under this section shall be returned to the park or sold or otherwise disposed of in such manner as the Minister directs.

(10)

The proceeds of the sale or disposal of anything sold or otherwise disposed of under this section shall be dealt with under section 57 as if it were money received under this Act.

Compare: 1952 No 54 s 54(8)

Section 61(2): repealed, on 1 October 2012, by section 285(2) of the Search and Surveillance Act 2012 (2012 No 24).

Section 61(3): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 61(3): amended, on 1 October 2012, by section 285(3)(a) of the Search and Surveillance Act 2012 (2012 No 24).

Section 61(3): amended, on 1 October 2012, by section 285(3)(b) of the Search and Surveillance Act 2012 (2012 No 24).

Section 61(3): amended, on 1 October 2012, by section 285(3)(c) of the Search and Surveillance Act 2012 (2012 No 24).

Section 61(3)(a): amended, on 1 April 1987, by section 65(1) of the Conservation Act 1987 (1987 No 65).

Section 61(3)(b): amended, on 1 November 2006, by section 35 of the Protected Objects Amendment Act 2006 (2006 No 37).

Section 61(3)(b)(i): amended, on 1 November 2006, by section 35 of the Protected Objects Amendment Act 2006 (2006 No 37).

Section 61(3)(b)(ii): amended, on 1 November 2006, by section 35 of the Protected Objects Amendment Act 2006 (2006 No 37).

Section 61(3)(c): repealed, on 1 October 2012, by section 285(3)(d) of the Search and Surveillance Act 2012 (2012 No 24).

Section 61(4)(b): amended, on 1 November 2006, by section 35 of the Protected Objects Amendment Act 2006 (2006 No 37).

Section 61(4)(b)(i): amended, on 1 November 2006, by section 35 of the Protected Objects Amendment Act 2006 (2006 No 37).

Section 61(4)(b)(ii): amended, on 1 November 2006, by section 35 of the Protected Objects Amendment Act 2006 (2006 No 37).

Section 61(4A): inserted, on 21 December 2018, by section 30(1) of the Conservation (Infringement System) Act 2018 (2018 No 61).

Section 61(6): amended, on 1 October 2012, by section 285(4) of the Search and Surveillance Act 2012 (2012 No 24).

Section 61(7): replaced, on 1 October 2012, by section 285(5) of the Search and Surveillance Act 2012 (2012 No 24).

Section 61(8): replaced, on 21 December 2018, by section 30(2) of the Conservation (Infringement System) Act 2018 (2018 No 61).

Section 61(8A): inserted, on 21 December 2018, by section 30(2) of the Conservation (Infringement System) Act 2018 (2018 No 61).

62 Trespassing animals

(1)

Any animal that is found trespassing on a national park may be seized by any ranger or person called upon by him for assistance.

(2)

Where any such animal is unbranded or unregistered and has no reputed owner, it shall be forfeited to the Crown, and the Minister may cause it to be destroyed, sold, or otherwise disposed of as he thinks fit.

(3)

Where any such animal is branded or registered or has a reputed owner, the Minister may—

(a)

give written notice to the reputed owner, or his agent, or any person who ought to have charge of the animal; or

(b)

issue, once a week for 2 consecutive weeks in some newspaper circulating in the locality, a notice,—

calling on the owner or reputed owner to remove the animal from the park or from any other place to which it may have been transferred, and giving warning that, if the animal is not removed within 14 days after the date of the first notice, it may be destroyed, sold, or otherwise disposed of.

(4)

If any animal referred to in subsection (3) is not so removed within the period mentioned in the notice, the Minister may cause it to be destroyed, sold, or otherwise disposed of.

(5)

Any person convicted of an offence against section 60(1)(a) shall, in addition to any penalty for which he may be liable in respect of the offence, be liable to pay—

(a)

any costs incurred by the Minister in giving or issuing any notice under subsection (3); and

(b)

the expenses of mustering, keeping, destroying, selling, or otherwise disposing of the animal in accordance with this section; and

(c)

the cost of repairing or restoring any damage done to the park by the animal.

(6)

The costs and expenses referred to in subsection (5) shall be assessed by a District Court Judge and shall be recoverable in like manner as a fine.

(7)

All money received by the Minister under this section shall be paid into a Crown Bank Account and dealt with in accordance with section 57.

(8)

Nothing in this section applies to wild animals (as defined in section 2 of the Wild Animal Control Act 1977).

Compare: 1952 No 54 s 54(5)–(7); 1977 No 82 s 9(2)(d)

Section 62(6): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 62(7): amended, on 25 January 2005, pursuant to section 83(7) of the Public Finance Act 1989 (1989 No 44).

Section 62(8): inserted, on 25 November 1994, by section 6 of the National Parks Amendment Act 1994 (1994 No 112).

63 Offences in respect of rangers

Every person commits an offence against this Act who—

(a)

wilfully obstructs a ranger while acting in the execution of any of the functions, powers, or duties conferred or imposed on him by this Act:

(b)

fails to state information or produce evidence required under section 64A:

(c)

not being a ranger, represents himself to be a ranger.

Section 63(b): replaced, on 21 December 2018, by section 31 of the Conservation (Infringement System) Act 2018 (2018 No 61).

64 Power to interfere to prevent offending

(1)

Any ranger may summarily interfere to prevent any offence against this Act or any bylaw made under this Act, and may require any person found offending to desist from the offence.

(2)

If any person when required to desist from an offence against this Act continues the offence, he commits a further offence against this Act.

Compare: 1952 No 54 s 52(1); 1965 No 98 s 2

Section 64 heading: replaced, on 21 December 2018, by section 32 of the Conservation (Infringement System) Act 2018 (2018 No 61).

64A Power to require information

(1)

This section applies if a ranger believes on reasonable grounds that a person has committed or is committing an offence against this Act or any bylaws made under this Act.

(2)

The ranger may require the person to—

(a)

state the person’s full name, residential address, and date of birth; and

(b)

provide evidence, as soon as practicable, of the person’s full name, residential address, and date of birth.

Section 64A: inserted, on 21 December 2018, by section 33 of the Conservation (Infringement System) Act 2018 (2018 No 61).

65 Ranger may stop and search boats, vehicles, premises, and possessions in park

(1)

Any ranger may, in the exercise of his functions, powers, and duties within any park, at any time that is reasonable in the circumstances,—

(a)

search, and for that purpose, stop and detain, any vehicle, or any riding or pack animal, or any boat, or any aircraft while on the ground or on the water, and search any tent, caravan, hut, or bach, if he has reasonable cause to believe—

(i)

that any offence against this Act or any bylaw made under this Act has been committed by the owner or person in possession or occupation thereof or by any other person; and

(ii)

that evidence relating to the offence will be found in the course of that search; and

(b)

in the presence of the owner or other person in possession, open and search any parcel, package, case, bag, luggage, or other container in or on that vehicle, riding or pack animal, boat, aircraft, tent, caravan, hut, or bach.

(2)

The provisions of Part 4 of the Search and Surveillance Act 2012 (except subpart 3 and sections 118 and 119) apply.

Compare: 1952 No 54 s 52A(d); 1977 No 82 s 7(1)

Section 65(1): amended, on 10 April 1990, by section 125(1) of the Conservation Law Reform Act 1990 (1990 No 31).

Section 65(2): replaced, on 1 October 2012, by section 285(6) of the Search and Surveillance Act 2012 (2012 No 24).

66 Stopping and searching boats outside parks

(1)

Any authorised officer who has good cause to suspect that an offence against this Act or any bylaws made under this Act has been committed on or from or in respect of any boat or by any person on any boat, may, while that boat is within the territorial sea of New Zealand, and if he has reasonable cause to believe that evidence relating to the offence is on that boat,—

(a)

at any time that is reasonable in the circumstances, stop, Board, and search the boat; and

(b)

inspect, seize, and detain any specimens of plants or animals, rock, mineral, soil, or protected New Zealand objects on Board that he has good cause to believe have been taken from a park; and

(c)

arrest without warrant any person whom he has good cause to suspect of having committed such an offence.

(2)

The provisions of Part 4 of the Search and Surveillance Act 2012 (except subpart 3) apply.

(3)

[Repealed]

(4)

Every person commits an offence against this Act who in any way prevents or attempts to prevent any authorised officer or any assistant of any authorised officer from exercising any power conferred by this section.

(5)

Section 61 shall apply with respect to anything seized under subsection (1)(b) as if it had been seized under that section.

(6)

In this section the term authorised officer means—

(a)

the officer in command of any vessel of the New Zealand Naval Forces; and includes any person under his command and authorised by him to act in any particular case:

(b)

any ranger:

(c)

any officer of the Department specifically authorised in writing by the Minister to act under this section:

(d)

any constable:

(e)

the master of any New Zealand Government ship within the meaning of section 2(1) of the Shipping and Seamen Act 1952.

Compare: 1977 No 66 s 100

Section 66(1)(a): amended, on 10 April 1990, by section 126(1) of the Conservation Law Reform Act 1990 (1990 No 31).

Section 66(1)(b): amended, on 1 November 2006, by section 35 of the Protected Objects Amendment Act 2006 (2006 No 37).

Section 66(2): replaced, on 1 October 2012, by section 285(7) of the Search and Surveillance Act 2012 (2012 No 24).

Section 66(3): repealed, on 1 October 2012, by section 285(7) of the Search and Surveillance Act 2012 (2012 No 24).

67 Proceedings in respect of offences

(1)

Only the Director-General, or some person appointed by the Director-General or by the Minister, may file a charging document for an offence against this Act or any bylaws made under this Act.

(2)

An appointment under subsection (1) may be for the purpose of filing a charging document in respect of a particular offence, or may be a general appointment to file charging documents in respect of offences.

(3)

Any officer in the department, although not the person who filed the charging document, may appear and conduct the prosecution in any proceedings for offences against this Act or any bylaws made under this Act.

Section 67: replaced, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

68 Time for filing charging document

Despite anything to the contrary in section 25 of the Criminal Procedure Act 2011, the limitation period in respect of an offence against this Act or against any bylaws made under it ends on the date that is 12 months after the date on which the offence is discovered.

Section 68: replaced, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

69 Presumptions relating to offences

(1)

If, in the vicinity of a park, any person is found in possession of any plant, stone, mineral, egg, nest, animal, taonga tūturu, or relic, or any part of any such thing, and, upon being required by any ranger fails or refuses to give a satisfactory account of the manner in which he became possessed of the same, it shall be evidence that he has removed it from the park.

(2)

In any proceedings for an offence under this Act or any bylaws made under this Act, it shall be presumed in the absence of proof to the contrary, that all maps, plans, and copies of maps or plans appearing to be certified as true under the hand of a Chief Surveyor are so certified without production of the original records and without the personal attendance of those officers or proof of their signatures.

Compare: 1952 No 54 s 57; 1968 No 136 s 5(2)(e)

Section 69(1): amended, on 1 November 2006, by section 35 of the Protected Objects Amendment Act 2006 (2006 No 37).

69A Penalties for certain offences

(1)

Every person who commits an offence against any of the provisions listed in subsection (2) is liable on conviction to the penalties prescribed in subsection (3).

(2)

The provisions are—

(a)

section 13(5), which relates to access to specially protected areas:

(b)

section 60(1)(a) to (i), (k), and (l), which relate to unauthorised acts in parks:

(c)

section 60(2)(a) and (b), which relate to failure to remove animals, vehicles, or aircraft from parks:

(d)

section 60(4)(b) and (c), which relate to the use of firearms:

(e)

section 63(a), which relates to wilfully obstructing rangers.

(3)

The penalties are,—

(a)

in the case of an individual, imprisonment for a term not exceeding 2 years or a fine not exceeding $100,000, or both:

(b)

in the case of a body corporate, a fine not exceeding $200,000:

(c)

in any case, where the offence is a continuing one, a further fine not exceeding $10,000 for every day on which the offence continues.

Section 69A: inserted, on 25 October 2013, by section 12 of the Conservation (Natural Heritage Protection) Act 2013 (2013 No 89).

69B Penalties for offences committed for commercial gain or reward

(1)

If a person is convicted of an offence against this Act and, on sentencing for that offence, the court is satisfied beyond reasonable doubt that the offence was committed for the purpose of commercial gain or reward (whether or not any gain or reward is realised), the person is liable instead of any penalty otherwise prescribed to,—

(a)

in the case of an individual, imprisonment for a term not exceeding 5 years or a fine not exceeding $300,000, or both:

(b)

in the case of a body corporate, a fine not exceeding $300,000:

(c)

in any case, where the offence is a continuing one, a further fine not exceeding $20,000 for every day on which the offence continues.

(2)

Subsection (1) overrides every other provision of this Act to the contrary.

Section 69B: inserted, on 25 October 2013, by section 12 of the Conservation (Natural Heritage Protection) Act 2013 (2013 No 89).

70 Penalties

Every person who commits an offence against this Act for which no penalty is prescribed elsewhere in this Act is liable on conviction to,—

(a)

in the case of an individual, imprisonment for a term not exceeding 1 year or a fine not exceeding $100,000, or both:

(b)

in the case of a body corporate, a fine not exceeding $200,000:

(c)

in any case, where the offence is a continuing one, a further fine not exceeding $10,000 for every day on which the offence continues.

Section 70: replaced, on 25 October 2013, by section 13 of the Conservation (Natural Heritage Protection) Act 2013 (2013 No 89).

70A Sentence of community work

A court may sentence any individual who is convicted of an offence against this Act to a sentence of community work, and the provisions of Part 2 of the Sentencing Act 2002 apply with all necessary modifications.

Section 70A: inserted, on 25 October 2013, by section 13 of the Conservation (Natural Heritage Protection) Act 2013 (2013 No 89).

Section 70A: amended, on 21 December 2018, by section 34 of the Conservation (Infringement System) Act 2018 (2018 No 61).

71 Removal and disposal of abandoned boats and vehicles, and vehicles parked in prohibited places

(1)

Any officer or employee of the Department who has reasonable cause to believe that any boat or vehicle has been abandoned in a park may remove it or cause it to be removed to any place authorised by the Minister for that purpose.

(2)

Where the Minister has appropriated any part of a park for parking of vehicles, any officer or employee of the Department may remove to any place so appropriated any vehicle that is parked on any part of the park where the parking of vehicles is prohibited.

(3)

Where any vehicle is so removed, the owner or other person in charge of the vehicle shall be liable to the Crown for the cost of removing the vehicle and for the charges that, under bylaws made under this Act, would be payable for the use of that parking space if the vehicle had been parked there by the owner or other person in charge.

(4)

Unless, within 2 months after the date on which a vehicle is removed under subsection (1) or subsection (2), the owner or some other person removes the vehicle from the park or other place where it is stored and pays to the Minister on behalf of the Crown the cost of removing and storing it under subsection (1) or, as the case may be, the cost of removing it under subsection (2) and the parking charges payable under that subsection, then,—

(a)

if the vehicle—

(i)

is not a motor vehicle; or

(ii)

is a motor vehicle and no licence to use the vehicle for the current licensing year is affixed to it,—

the Minister may give not less than 14 days’ notice by advertisement in 2 issues of a newspaper circulating in the district in which the park is situated, of his intention to sell or destroy the vehicle:

(b)

if—

(i)

the vehicle is a motor vehicle; and

(ii)

a licence to use the vehicle for the current licensing year is affixed to it,—

the Minister may give not less than 14 days’ notice to the person last registered under Part 17 of the Land Transport Act 1998 in respect of the vehicle of his intention to sell or destroy the vehicle.

(5)

Any notice under subsection (4)(b) may be given by personal delivery to the person in question, or by posting it to him by registered letter addressed to him at his last known place of residence or business in New Zealand.

(6)

Unless, before the expiry of the notice given under subsection (4), the owner of the vehicle—

(a)

pays to the Minister on behalf of the Crown the cost of removing and storing the vehicle under subsection (1), or, as the case may be, the cost of removing it under subsection (2) and the parking charges payable under that subsection, and, in either case, the cost of any advertisements published under this section; and

(b)

removes the vehicle from the park or other place to which it was removed,—

the Minister may, at any time after the expiry of the notice, sell the vehicle to any person who shall thereupon become the lawful owner of the vehicle, or the Minister may cause the vehicle to be destroyed.

(7)

The proceeds of the sale of any vehicle sold in accordance with this section shall be the property of the Crown and shall be paid into a Crown Bank Account and applied under section 57 as if it were money received under this Act.

(8)

For the purposes of this section, and without limiting the meaning of the term abandoned, a boat or vehicle shall be deemed to have been abandoned if it is left unused for a period of more than 1 month without the approval of the Minister.

(9)

In this section expressions defined in the Land Transport Act 1998 have, in relation to any motor vehicle, the meanings so defined.

Compare: 1952 No 54 s 57A; 1974 No 69 s 11

Section 71(4)(b): amended, on 1 May 2011, by section 35(4) of the Land Transport Amendment Act 2009 (2009 No 17).

Section 71(5): amended, on 1 May 2011, by section 35(4) of the Land Transport Amendment Act 2009 (2009 No 17).

Section 71(7): amended, on 25 January 2005, pursuant to section 83(7) of the Public Finance Act 1989 (1989 No 44).

Section 71(9): amended, on 1 May 2011, by section 35(4) of the Land Transport Amendment Act 2009 (2009 No 17).

Section 71(9): amended, on 1 March 1999, by section 215(1) of the Land Transport Act 1998 (1998 No 110).

Part 7A Infringement offences

Part 7A: inserted, on 21 December 2018, by section 35 of the Conservation (Infringement System) Act 2018 (2018 No 61).

71A Relationship with other offences

Nothing in this Part prevents the prosecution of, and conviction for, an offence in any other Part of this Act (instead of proceeding under this Part).

Section 71A: inserted, on 21 December 2018, by section 35 of the Conservation (Infringement System) Act 2018 (2018 No 61).

Subpart 1—Infringement offences

Subpart 1: inserted, on 21 December 2018, by section 35 of the Conservation (Infringement System) Act 2018 (2018 No 61).

71B Specially protected areas

(1)

A person must not—

(a)

enter or remain in a specially protected area, except under the authority of a permit issued under section 13; or

(b)

fail to comply with a condition contained in a permit.

(2)

A person who fails to comply with this section commits an infringement offence.

Section 71B: inserted, on 21 December 2018, by section 35 of the Conservation (Infringement System) Act 2018 (2018 No 61).

71C Control of dogs

(1)

An owner or a person in charge of a dog must not—

(a)

allow the dog to be in a national park in contravention of section 56A; or

(b)

fail to comply with a condition of a dog control permit.

(2)

A person who is authorised by or under this Act to take a dog into a national park must keep a dog that the person takes into a national park under proper control.

(3)

For the purposes of subsection (2), a dog is deemed not to be under proper control if it is found at large in a national park.

(4)

Subsection (3) does not limit subsection (2).

(5)

A person who fails to comply with this section commits an infringement offence.

Section 71C: inserted, on 21 December 2018, by section 35 of the Conservation (Infringement System) Act 2018 (2018 No 61).

71D Unauthorised actions in parks

(1)

A person must not, without being authorised by the Minister or by a bylaw made under this Act,—

(a)

cause or allow any animal owned by the person or under the person’s control to enter any park; or

(b)

liberate any animal in any park; or

(c)

plant any plant, or sow or scatter the seed of any plant, or introduce any substance that is injurious to plant or animal life, in any park; or

(d)

remove or damage any, or any part of any, plant, stone, mineral, gravel, kauri gum, protected New Zealand object, or relic in any park; or

(e)

dig, cut, excavate, or damage the turf in any park; or

(f)

occupy or use any land in a park for cultivation or any other purpose; or

(g)

damage or deface any fence, building, or apparatus in any park; or

(h)

take, destroy, injure, disturb, or interfere with any native animal, or the nest or eggs of any native animal, in any park; or

(i)

erect any building, sign, hoarding, or apparatus in any park; or

(j)

in any way interfere with or damage the natural or historic features of any park; or

(k)

contravene or fail to comply with a term or condition imposed by the Minister under section 51A.

(2)

A person must not, without being authorised by the Minister, be in possession of any chainsaw or any firearm, trap, net, or other similar object in a park.

(3)

A person must not—

(a)

conduct in any park any activity for which a concession is required under this Act without the required concession; or

(b)

do or cause to be done any act, matter, or thing for which a right or authority is required by this Act without the required right or authority.

(4)

A person who fails to comply with this section commits an infringement offence.

Section 71D: inserted, on 21 December 2018, by section 35 of the Conservation (Infringement System) Act 2018 (2018 No 61).

71E Using or receiving items removed unlawfully from park

(1)

A person must not use, receive, or dispose of an item removed from a park in contravention of section 71D(1)(d) or (h).

(2)

A person who fails to comply with this section commits an infringement offence.

Section 71E: inserted, on 21 December 2018, by section 35 of the Conservation (Infringement System) Act 2018 (2018 No 61).

71F Altering boundary marks or items issued by Minister or Department

(1)

A person must not unlawfully alter, obliterate, deface, pull up, remove, interfere with, or destroy any boundary marks, or any stamp, mark, sign, poster, intentions book, concession, or other right or authority issued by the Minister or the Department.

(2)

A person who fails to comply with this section commits an infringement offence.

Section 71F: inserted, on 21 December 2018, by section 35 of the Conservation (Infringement System) Act 2018 (2018 No 61).

71G Failure to remove animal, vehicle, aircraft, or boat

(1)

An owner or a person in control of an animal must comply with a notice from the Minister or Director-General requiring the person to remove the animal from a park.

(2)

A driver of any vehicle or the pilot of any aircraft or the person in charge of any boat that is illegally in a park must remove the vehicle, aircraft, or boat from the park when required to do so by a ranger.

(3)

A person who fails to comply with this section commits an infringement offence.

Section 71G: inserted, on 21 December 2018, by section 35 of the Conservation (Infringement System) Act 2018 (2018 No 61).

71H Littering

(1)

A person must not deposit litter in a park.

(2)

A person who fails to comply with this section commits an infringement offence.

(3)

In this section,—

deposit has a corresponding meaning to the meaning of depositing in section 2(1) of the Litter Act 1979

litter has the meaning given in section 2(1) of the Litter Act 1979.

Section 71H: inserted, on 21 December 2018, by section 35 of the Conservation (Infringement System) Act 2018 (2018 No 61).

Subpart 2—Procedural matters

Subpart 2: inserted, on 21 December 2018, by section 35 of the Conservation (Infringement System) Act 2018 (2018 No 61).

71I Proceedings for infringement offences

(1)

A person who is alleged to have committed an infringement offence may either—

(a)

be proceeded against by filing a charging document under section 14 of the Criminal Procedure Act 2011; or

(b)

be served with an infringement notice under section 71K.

(2)

If an infringement notice has been issued under section 71K, proceedings for the offence to which the notice relates may be commenced in accordance with section 21 of the Summary Proceedings Act 1957, and in that case the provisions of that section apply with all necessary modifications.

Section 71I: inserted, on 21 December 2018, by section 35 of the Conservation (Infringement System) Act 2018 (2018 No 61).

71J Who may issue infringement notices

The Director-General may authorise a ranger, in writing, to issue infringement notices under this Act.

Section 71J: inserted, on 21 December 2018, by section 35 of the Conservation (Infringement System) Act 2018 (2018 No 61).

71K Infringement notices

(1)

A ranger authorised under section 71J may issue an infringement notice to a person if the ranger believes on reasonable grounds that the person is committing, or has committed, an infringement offence.

(2)

The ranger may deliver the infringement notice (or a copy of it) in person to the person alleged to have committed an infringement offence or send the notice by post addressed to that person’s last known place of residence or business.

(3)

An infringement notice (or a copy of it) sent by post to a person under subsection (2) is to be treated as having been served on that person when it was posted.

(4)

An infringement notice must be in the prescribed form and must contain the following particulars:

(a)

such details of the alleged infringement offence as are sufficient to fairly inform a person of the time, place, and nature of the alleged offence; and

(b)

the amount of the infringement fee; and

(c)

the address of the place at which the infringement fee may be paid; and

(d)

the time within which the infringement fee must be paid; and

(e)

a summary of the provisions of section 21(10) of the Summary Proceedings Act 1957; and

(f)

a statement that the person served with the notice has a right to request a hearing; and

(g)

a statement of what will happen if the person served with the notice neither pays the infringement fee nor requests a hearing; and

(h)

any other particulars that may be prescribed.

Section 71K: inserted, on 21 December 2018, by section 35 of the Conservation (Infringement System) Act 2018 (2018 No 61).

71L Reminder notices

A reminder notice must be in the prescribed form, and must include the same particulars, or substantially the same particulars, as the infringement notice.

Section 71L: inserted, on 21 December 2018, by section 35 of the Conservation (Infringement System) Act 2018 (2018 No 61).

71M Payment of infringement fees

All infringement fees paid in respect of infringement offences must be paid into a Crown Bank Account.

Section 71M: inserted, on 21 December 2018, by section 35 of the Conservation (Infringement System) Act 2018 (2018 No 61).

71N Penalties for infringement offences

A person who commits an infringement offence is liable on conviction to—

(a)

the infringement fee prescribed in regulations for that offence; or

(b)

a fine imposed by a court not exceeding the maximum fine prescribed in regulations for that offence.

Section 71N: inserted, on 21 December 2018, by section 35 of the Conservation (Infringement System) Act 2018 (2018 No 61).

Subpart 3—Regulations

Subpart 3: inserted, on 21 December 2018, by section 35 of the Conservation (Infringement System) Act 2018 (2018 No 61).

71O Regulations relating to infringement offences

The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations—

(a)

prescribing infringement offences for the contravention of bylaws made under this Act:

(b)

prescribing penalties for infringement offences, which,—

(i)

in the case of infringement fees, must not be more than $1,000; and

(ii)

in the case of maximum fines, must not be more than twice the amount of the infringement fee for the offence:

(c)

prescribing information to be included in infringement notices and reminder notices.

Section 71O: inserted, on 21 December 2018, by section 35 of the Conservation (Infringement System) Act 2018 (2018 No 61).

Part 8 Miscellaneous provisions

72 Former Authority and boards to cease to exist

(1)

The National Parks Authority established under section 4 of the National Parks Act 1952 and every National Park Board established under sections 16 to 18 of that Act and existing immediately before the commencement of this Act, shall cease to exist on the commencement of this Act.

(2)

The members of the National Parks Authority appointed by or under section 4 of the National Parks Act 1952 and the members of every National Park Board appointed by or under sections 16 to 18A of that Act, holding office immediately before the commencement of this Act, shall go out of office on the commencement of this Act.

(3)

Every reference in any enactment passed before the commencement of this Act, other than an enactment specified in Schedule 1, to the National Parks Authority or any National Park Board shall be read as a reference to the Minister of Lands.

73 Assets, liabilities, and rights of former Authority and boards transferred to Crown

(1)

On the commencement of this Act,—

(a)

all real and personal property belonging to the Authority established under section 4 of the National Parks Act 1952, or any board established under sections 16 to 18 of that Act (in this section referred to as the former Authority and any former board) shall vest in the Crown subject to all charges and trusts affecting that property:

(b)

all money payable to the former Authority or any former board shall become payable to the Crown:

(c)

all contracts, engagements, and liabilities, and all rights and authorities of any nature whatever of the former Authority or any former board shall become contracts, engagements, liabilities, rights, and authorities of the Crown:

(d)

all proceedings pending by or against the former Authority or any former board may be carried on, completed, and enforced by or against the Crown.

(2)

All money vested in the Crown by subsection (1) shall be paid into a Crown Bank Account and shall be applied in accordance with section 57 as money received under this Act.

(3)

Subject to subsection (5), the Registrar, on receiving a written request from the Director-General incorporating a reference to this section, shall, without fee, make such entries in his registers and on any outstanding documents of title and generally do all such things as may be necessary to give effect to the provisions of subsection (1) in respect of land and interests in land specified in the request.

(4)

All references to the former Authority or any former board in any security or other document whatever (not being an enactment) that is subsisting immediately before the date of commencement of this Act, or in any notice or other communication served, given, or sent before, on, or after that date in relation to any such security or other document shall, unless the context otherwise requires, be read as references to the Crown.

(5)

No Registrar of Deeds or Registrar or any other person charged with the keeping of any books or registers shall be obliged, solely by the provisions of this section, to change any reference to the former Authority or any former board to a reference to the Crown in his books or registers or in any document in his charge; but the presentation to any such Registrar or other person of any instrument—

(a)

executed or purporting to be executed on behalf of the Crown; and

(b)

relating to any property held immediately before the commencement of this section by the former Authority or any former board; and

(c)

containing a recital that the property has become vested in the Crown by virtue of the provisions of this section—

shall, in the absence of proof to the contrary, be sufficient evidence that the property is vested in the Crown.

(6)

Except as provided in subsections (3) and (5), nothing in this section shall derogate from the provisions of the Land Transfer Act 2017.

Section 73(2): amended, on 25 January 2005, pursuant to section 83(7) of the Public Finance Act 1989 (1989 No 44).

Section 73(3): amended, on 1 June 2002, pursuant to section 38(2) of the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 (2002 No 11).

Section 73(5): amended, on 1 June 2002, pursuant to section 38(2) of the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 (2002 No 11).

Section 73(6): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).

74 Director-General may execute documents on behalf of the Crown

All documents that require to be executed for the purpose of this Act by or on behalf of Her Majesty or by or on behalf of the Minister may, unless otherwise provided by this Act, be executed by the Director-General, and if so executed shall be as valid and effectual as if executed by or on behalf of Her Majesty or by or on behalf of the Minister, as the case may be.

Compare: 1977 No 66 s 117

75 Director-General may act in proceedings on behalf of the Crown

All actions and proceedings by or on behalf of the Crown in connection with any breach of contract or any trespass or any damage accruing by reason of trespass or for the recovery of any rent, purchase money, or other money in respect of any national park or in respect of any damages or wrongs suffered by the Crown in respect of any national park may be commenced, prosecuted, and carried on by the Director-General on behalf of the Crown, and the Director-General may be plaintiff or defendant, as the case may require, in any such action or proceeding.

Compare: 1977 No 66 s 118

76 Records of title in respect of national parks

(1)

The Registrar-General of Land must, on completion of such surveys (if any) as may be necessary, and on being requested in writing to do so by the Director-General, issue a record or records of title under the Land Transfer Act 2017 in the name of Her Majesty in respect of any such land.

(2)

Subsection (1) shall not oblige any person to register any lease or licence granted under this Act.

Compare: 1952 No 54 s 60

Section 76 heading: amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).

Section 76(1): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).

Section 76(1): amended, on 1 June 2002, pursuant to section 38(2) of the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 (2002 No 11).

Section 76(1): amended, on 1 April 1987, by section 65(1) of the Conservation Act 1987 (1987 No 65).

77 Approval under this Act not to authorise actions in contravention of other Acts

Nothing in any authorisation by the Minister to do any act that would otherwise be unlawful under this Act shall be deemed to authorise any person to do any act in contravention of the Native Plants Protection Act 1934, the Wildlife Act 1953, the Heritage New Zealand Pouhere Taonga Act 2014, the Protected Objects Act 1975, the Wild Animal Control Act 1977, or any other Act, or any regulation, proclamation, warrant, bylaw, or notification made or issued under any Act.

Section 77: amended, on 20 May 2014, by section 107 of the Heritage New Zealand Pouhere Taonga Act 2014 (2014 No 26).

Section 77: amended, on 1 November 2006, by section 35 of the Protected Objects Amendment Act 2006 (2006 No 37).

78 Mining operations in national parks

[Repealed]

Section 78: repealed, on 1 October 1991, by section 362 of the Resource Management Act 1991 (1991 No 69).

79 Certain other Acts unaffected

Nothing in this Act shall affect the Manapouri - Te Anau Development Act 1963 or the Mount Egmont Vesting Act 1978.

80 Amendments, repeals, and revocations

(1)

The enactments specified in Schedule 1 are hereby amended in the manner indicated in that schedule.

(2)

The enactments specified in Schedule 2 are hereby repealed.

(3)

All bylaws made under section 38 of the National Parks Act 1952, including those specified in Schedule 3, are hereby revoked.