6P Membership of Conservation Boards

(1)

Every Board shall consist of not more than 12 members.

(2)

Except as provided in subsections (4A), (5), (6), (7), and (7A), the Minister shall appoint every member of a Board after giving public notice in accordance with subsection (4), and after consultation with the Conservation Authority, and having regard to—

(a)

the particular features of land administered by the Department in the area of the Board’s jurisdiction; and

(b)

the interests of nature conservation, natural earth and marine sciences, recreation, tourism, and the local community including the tangata whenua of the area.

(3)

Before making any appointment representing the interests of the tangata whenua of an area, the Minister shall consult with the Minister of Maori Affairs about those interests.

(4)

Every notice required by subsection (2) shall—

(a)

state the number of appointments intended to be made to the Board:

(b)

call for nominations for membership of the Board to be sent to the Minister:

(c)

state a date, being not less than 28 days after the date of the first publication of the notice, after which the Minister may decline to accept such nominations:

(d)

be published—

(i)

at least twice in a daily newspaper circulating in the area in which the Board will have jurisdiction; and

(ii)

in such other communications media and on such occasions as the Minister may direct.

(4A)

The Board whose area of jurisdiction includes that part of Auckland and the islands of the Hauraki Gulf / Tīkapa Moana within the Ngā Mana Whenua o Tāmaki Makaurau Collective RFR area (as that area is defined in section 117(1) of the Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Act 2014) must comprise—

(a)

no more than 9 members appointed under subsection (2); and

(b)

1 member appointed by the Minister on the recommendation of the Marutūāhu rōpū entity (as defined in section 8(1) of the Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Act 2014); and

(c)

1 member appointed by the Minister on the recommendation of the Ngāti Whātua rōpū entity (as defined in section 8(1) of the Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Act 2014); and

(d)

1 member appointed by the Minister on the recommendation of the Waiohua Tāmaki rōpū entity (as defined in section 8(1) of the Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Act 2014).

(4B)

Subsection (3) does not apply to the appointments made by the Minister to the Board whose jurisdiction is described in subsection (4A).

(5)

The Board whose area of jurisdiction includes the Tongariro National Park shall consist of—

(a)

not more than 10 persons appointed under subsection (2); and

(b)

the paramount chief for the time being of the Ngati Tuwharetoa Tribe of the Maori race, if that chief is a lineal descendant of Te Heuheu Tukino, the donor on behalf of his associated Chiefs of the Tribe of certain Maori land included in the area of the park, or, if the paramount chief for the time being of that tribe is not a lineal descendant of Te Heuheu Tukino, a lineal descendant of Te Heuheu Tukino appointed by the Minister; and

(c)

1 person nominated by the trustees of Te Kotahitanga o Ngāti Tūwharetoa.

(5A)

The Minister must, before making an appointment under subsection (2) to the Board whose area of jurisdiction includes Tongariro National Park, also have regard to any endorsement by the trustees of Te Kotahitanga o Ngāti Tūwharetoa of a person to be a member of the Board.

(6)

The Board whose area of jurisdiction includes the Egmont National Park shall consist of—

(a)

not more than 11 persons appointed under subsection (2); and

(b)

1 person to be appointed by the Minister on the recommendation of the Taranaki Maori Trust Board.

(7)

The Board whose area of jurisdiction includes the Whanganui National Park shall consist of—

(a)

not more than 11 persons appointed under subsection (2); and

(b)

1 person appointed by the Minister on the recommendation 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).

(7A)

The Board whose area of jurisdiction includes most of the Waikato claim area within the meaning of section 7 of the Waikato Raupatu Claims Settlement Act 1995 shall consist of not more than 12 persons, being—

(a)

not more than 11 persons appointed under subsection (2); and

(b)

the person who for the time being is recognised as the Head of Kahui Ariki, or a person appointed by the Minister on the nomination of the person so recognised.

(7B)

A Board whose area of jurisdiction is wholly within the Ngāi Tahu claim area, as defined in section 8 of the Ngāi Tahu Claims Settlement Act 1998, must consist of not more than 12 persons, being—

(a)

at least 2 persons appointed on the nomination of Te Rūnanga o Ngāi Tahu (as established by section 6 of Te Runanga o Ngai Tahu Act 1996); and

(b)

the remaining persons appointed under subsection (2).

(7C)

A Board whose area of jurisdiction is partly within the Ngāi Tahu claim area, as defined in section 8 of the Ngāi Tahu Claims Settlement Act 1998, must consist of not more than 12 persons, being—

(a)

at least 1 person appointed on the nomination of Te Rūnanga o Ngāi Tahu (as established by section 6 of Te Runanga o Ngai Tahu Act 1996); and

(b)

the remaining persons appointed under subsection (2).

(7D)

Subsections (2) and (4) do not apply in respect of persons to be appointed under subsections (7B)(a) and (7C)(a).

(8)

The appointment of any person by the Minister to be a member of a Board shall be made by notice published in the Gazette, and shall take effect from the date of such notice or such later date as may be specified in the notice.

(9)

No person employed by the Department under the Public Service Act 2020 shall be eligible to be a member of any Board.

Compare: 1980 No 66 s 32

Section 6P: inserted, on 10 April 1990, by section 5 of the Conservation Law Reform Act 1990 (1990 No 31).

Section 6P(2): amended, on 1 August 2014, by section 163(2) of the Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Act 2014 (2014 No 52).

Section 6P(2): amended, on 1 September 1996, pursuant to section 25(1) of the Waikato Raupatu Claims Settlement Act 1995 (1995 No 58).

Section 6P(4)(d): substituted, on 7 May 1999, by section 4 of the Conservation Amendment Act 1999 (1999 No 30).

Section 6P(4A): inserted, on 1 August 2014, by section 163(3) of the Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Act 2014 (2014 No 52).

Section 6P(4B): inserted, on 1 August 2014, by section 163(3) of the Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Act 2014 (2014 No 52).

Section 6P(5)(a): replaced, on 19 December 2018, by section 196(2) of the Ngāti Tūwharetoa Claims Settlement Act 2018 (2018 No 55).

Section 6P(5)(b): amended, on 19 December 2018, by section 196(3) of the Ngāti Tūwharetoa Claims Settlement Act 2018 (2018 No 55).

Section 6P(5)(c): inserted, on 19 December 2018, by section 196(4) of the Ngāti Tūwharetoa Claims Settlement Act 2018 (2018 No 55).

Section 6P(5A): inserted, on 19 December 2018, by section 196(5) of the Ngāti Tūwharetoa Claims Settlement Act 2018 (2018 No 55).

Section 6P(7)(b): amended, on 21 March 2017, by section 122(2) of the Te Awa Tupua (Whanganui River Claims Settlement) Act 2017 (2017 No 7).

Section 6P(7A): inserted, on 1 September 1996, by section 25(2) of the Waikato Raupatu Claims Settlement Act 1995 (1995 No 58).

Section 6P(7B): inserted, on 22 October 1998, by section 273(1) of the Ngāi Tahu Claims Settlement Act 1998 (1998 No 97).

Section 6P(7C): inserted, on 22 October 1998, by section 273(1) of the Ngāi Tahu Claims Settlement Act 1998 (1998 No 97).

Section 6P(7D): inserted, on 22 October 1998, by section 273(1) of the Ngāi Tahu Claims Settlement Act 1998 (1998 No 97).

Section 6P(9): amended, on 7 August 2020, by section 135 of the Public Service Act 2020 (2020 No 40).