Conservation Act 1987

If you need more information about this Act, please contact the administering agency: Department of Conservation
  • This version was republished on 7 July 2022 to correct a typographical error in section 26S(3).

Part 8 Transitional, consequential amendments, and savings

61 Certain former State forest land to become protected area on commencement of Act

(1)

Any land that, immediately before the commencement of this Act, was a forest sanctuary shall be deemed to have been declared to be held for the purpose of a sanctuary area by a notice under section 18(1) published in the Gazette on that commencement.

(2)

Any land that, immediately before the commencement of this Act,—

(a)

was a forest park; and

(b)

was not shown on any plan lodged in the office of the Chief Surveyor for the land district in which it is situated (being a plan certified as correct for the purposes of section 24 of the State-Owned Enterprises Act 1986 by the Chief Surveyor) as being allocated for possible transfer to a State enterprise,—

shall, until it—

(c)

is declared to be held for conservation purposes under section 7(1); or

(d)

is vested in a State enterprise under the said section 24,—

be deemed to be a conservation park.

(2A)

Nothing in subsection (2) applies to any land that, immediately before the commencement of the Crown Forest Assets Act 1989, was shown as being allocated to New Zealand Forestry Corporation Limited on record plans lodged in the office of the Chief Surveyor for the land district in which the land is situated.

(2B)

Land of the kind referred to in subsection (2A) that has, before the commencement of the Crown Forest Assets Act 1989, been declared to be held for conservation purposes under section 7(1), shall, with effect from the commencement of that Act, be deemed not to have been declared to be held for those purposes.

(3)

When any land to which subsection (2) applies is declared to be held for conservation purposes under section 7(1), it shall be deemed to have been declared to be held for the purpose of a conservation park by a notice in the Gazette under section 18(1).

(4)

Any land that, immediately before the commencement of this Act,—

(a)

was State forest land dedicated under section 15(ba) of the Forests Act 1949 as a wilderness area; and

(b)

was not shown on any plan lodged in the office of the Chief Surveyor for the land district in which it is situated (being a plan certified as correct for the purposes of section 24 of the State-Owned Enterprises Act 1986 by the Chief Surveyor) as being allocated for possible transfer to a State enterprise,—

shall, until it—

(c)

is declared to be held for conservation purposes under section 7(1); or

(d)

is vested in a State enterprise under the said section 24,—

be deemed to be a wilderness area.

(5)

When any land to which subsection (4) applies is declared to be held for conservation purposes under section 7(1), it shall be deemed to have been declared to be held for the purpose of a wilderness area by a notice in the Gazette under section 18(1).

(6)

Any land that, immediately before the commencement of this Act,—

(a)

was State forest land dedicated under section 15(ba) of the Forests Act 1949 as an ecological area; and

(b)

was not shown on any plan lodged in the office of the Chief Surveyor for the land district in which it is situated (being a plan certified as correct for the purposes of section 24 of the State-Owned Enterprises Act 1986 by the Chief Surveyor) as being allocated for possible transfer to a State enterprise,—

shall, until it—

(c)

is declared to be held for conservation purposes under section 7(1); or

(d)

is vested in a State enterprise under the said section 24,—

be deemed to be an ecological area.

(6A)

Nothing in subsection (6) applies to any land that, immediately before the commencement of the Crown Forest Assets Act 1989, was shown as being allocated to New Zealand Forestry Corporation Limited on record plans lodged in the office of the Chief Surveyor for the land district in which the land is situated.

(6B)

Land of the kind referred to in subsection (6A) that has, before the commencement of the Crown Forest Assets Act 1989, been declared to be held for conservation purposes under section 7(1), shall, with effect from the commencement of that Act, be deemed not to have been declared to be held for those purposes.

(7)

When any land to which subsection (6) applies is declared to be held for conservation purposes under section 7(1), it shall be deemed to have been declared to be held for the purpose of an ecological area by a notice in the Gazette under section 18(1).

(8)

All land to which subsection (6) applies, for so long as it is required to be managed as if it is an ecological area or is deemed to be an ecological area, shall be managed so as to protect—

(a)

the value or values for which it was dedicated under section 15(ba) of the Forests Act 1949, if any such value was specified at the time; or

(b)

for its ecological value, in every other case.

(9)

Until it is—

(a)

declared to be held for conservation purposes under section 7(1); or

(b)

vested in a State enterprise under section 24 of the State-Owned Enterprises Act 1986,—

all land that is deemed by this section to be a conservation park, a wilderness area, or an ecological area shall be deemed to be held under this Act for conservation purposes; but neither it nor any interest in it shall be disposed of except by vesting as aforesaid.

(10)

Nothing in subsection (9) restricts or prevents the granting under this Act of a concession over any land.

Section 61(2): amended, on 30 July 1988, by section 2(3) of the Conservation Amendment Act 1988 (1988 No 131).

Section 61(2)(d): substituted, on 30 July 1988, by section 2(3) of the Conservation Amendment Act 1988 (1988 No 131).

Section 61(2A): inserted, on 25 October 1989, by section 44(2) of the Crown Forest Assets Act 1989 (1989 No 99).

Section 61(2B): inserted, on 25 October 1989, by section 44(2) of the Crown Forest Assets Act 1989 (1989 No 99).

Section 61(4): amended, on 30 July 1988, by section 2(4) of the Conservation Amendment Act 1988 (1988 No 131).

Section 61(4)(d): substituted, on 30 July 1988, by section 2(4) of the Conservation Amendment Act 1988 (1988 No 131).

Section 61(6): amended, on 30 July 1988, by section 2(5) of the Conservation Amendment Act 1988 (1988 No 131).

Section 616(d): substituted, on 30 July 1988, by section 2(5) of the Conservation Amendment Act 1988 (1988 No 131).

Section 61(6A): inserted, on 25 October 1989, by section 44(3) of the Crown Forest Assets Act 1989 (1989 No 99).

Section 61(6B): inserted, on 25 October 1989, by section 44(3) of the Crown Forest Assets Act 1989 (1989 No 99).

Section 61(9): added, on 30 July 1988, by section 2(6) of the Conservation Amendment Act 1988 (1988 No 131).

Section 61(10): added, on 30 July 1988, by section 2(6) of the Conservation Amendment Act 1988 (1988 No 131).

Section 61(10): amended, on 1 July 1996, by section 42 of the Conservation Amendment Act 1996 (1996 No 1).