Conservation Law Reform Act 1990

Reprint as at 1 July 2013

Conservation Law Reform Act 1990

Public Act
 
1990 No 31
Date of assent
 
10 April 1990
Commencement
 
see section 1
Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.

A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.

This Act is administered by the Department of Conservation.

Contents

Title
1Short Title and commencement
2Part to be read with Conservation Act 1987
3Interpretation
4Functions of Departments
5New Parts 2A and 2B inserted into principal Act
6ANew Zealand Conservation Authority established
6BFunctions of Authority
6CPowers of Authority
6DMembership
6EAnnual report
6FTerm of office of members of Authority
6GChairperson of Authority
6HMeetings of Authority
6IDirector-General entitled to attend meetings of Authority
6JServicing of Authority
6KFees and travelling expenses of members of Authority
6LConservation Boards established
6MFunctions of Boards
6NPowers of Boards
6OAnnual report
6PMembership of Conservation Boards
6QCo-opted members
6RTerm of office of members of Boards
6SChairpersons of Boards
6TMeetings of Boards
6UDirector-General entitled to attend meetings of Boards
6VServicing of Boards
6WFees and travelling expenses of members of Boards
6XGuardians of Lakes Manapouri, Monowai, and Te Anau
6Conservation area may become reserve, national park, etc.
7Conservation areas may be closed
8Conditions on issuing of leases and licences, and disposal of conservation areas [Repealed]
9Creation of easements [Repealed]
10Disposal of conservation areas
11Exchanges of stewardship areas
12Access and use of conservation areas [Repealed]
13New Part 3A inserted into principal Act
17AConservation areas to be managed by Department
17BGeneral policy
17CGeneral policy under more than one Act
17DConservation management strategies
17EConservation management plans
17FProcedure for preparation and approval of conservation management strategies
17GProcedure for preparation and approval of conservation management plans
17HReviews of conservation management strategies and conservation management plans
17IAmendments to conservation management strategies and conservation management plans
17JFreshwater fisheries management plans
17KProcedure for preparation, approval, review, and amendment of freshwater fisheries management plans
17LSports fish and game management plans
17MProcedure for preparation, approval, review, and amendment of sports fish and game management plans
17NEffect of general policies, conservation management strategies, and management plans
14Wilderness areas
15New Part 4A inserted into principal Act
24Marginal strips reserved
24APower to reduce width of marginal strip
24BPower to declare certain dispositions to be exempt from section 24
24CPurposes of marginal strips
24DReservation of marginal strips to be recorded
24EExchange of marginal strips
24FRight of Crown to half of bed of river adjoining former land of the Crown
24GEffect of change to boundary of marginal strips
24HManagement of marginal strips
24IEasements
24JResumption of marginal strips by Crown
16Disposal of stewardship areas
17New Parts 5A and 5B inserted into principal Act
26AFunctions of Minister
26BNew Zealand Fish and Game Council established
26CFunctions of New Zealand Fish and Game Council
26DMembership
26ECo-opted members
26FPowers of New Zealand Fish and Game Council
26GEmployment principles
26HAnnual report and financial statement
26IFinancial statements to be audited by Audit Office
26JChairperson of New Zealand Fish and Game Council
26KMeetings of New Zealand Fish and Game Council
26LDirector-General entitled to attend meetings of New Zealand Fish and Game Council
26MNo remuneration payable to members
26NTransitional Councils
26OFunctions and powers of Transitional Councils
26PFish and Game Councils established
26QFunctions of Fish and Game Councils
26RFish and Game Council responsibilities
26SPowers of Fish and Game Councils
26TAppointment of staff
26UMembership
26VCo-opted members
26WAnnual report and financial statement
26XFinancial statements to be audited by Audit Office
26YEligibility to vote
26ZConduct of elections
26ZATerm of office of members of Fish and Game Councils
26ZBMembers not personally liable
26ZCChairpersons of Fish and Game Councils
26ZDMeetings of Fish and Game Councils
26ZEDirector-General entitled to attend meetings of Fish and Game Councils
26ZFNo remuneration payable to members
26ZGApplication of Part
26ZHMaori fishing rights unaffected by this Part
26ZITaking sports fish without licence prohibited
26ZJOffences relating to spawning fish
26ZKFishing competitions relating to sports fish
26ZLRestrictions on fishing
26ZMTransfer or release of live aquatic life
26ZNFishing rights not to be sold or let
26ZOOccupier may fish without licence
26ZPDetermination of closed seasons for fishing
26ZQBuying, selling, or possessing fish, contrary to Act
26ZRUsing explosives, etc, to catch or destroy fish
18Covenants
19Taking of plants
20Removal of shingle, etc [Repealed]
21Trespassing livestock
22Other offences
23Powers of warranted officers
24Proceedings for offences
25New sections relating to offences inserted into principal Act
43AEvidence in proceedings
43BStrict liability
26Forfeiture of property
27New sections substituted in principal Act
48Regulations
48ASpecial regulations relating to freshwater fisheries
28Errors of description in notices may be corrected
29Powers of Director-General
30Delegation of powers by Minister
31Warranted officers
32Director-General may recover certain costs
33Existing leases, licences, etc
34Powers under forestry and Crown leases, etc, exercisable by Minister or Director-General
35Amendments and savings
36Bodies abolished
37Amendments
38Schedule 1 amended
39Freshwater Fisheries Regulations 1983
40Regulations relating to whitebait
41Repeals
42Revocations
43Transitional provisions in respect of Queen Elizabeth Park Domain Board
44Transitional provisions in respect of Nature Conservation Council
45Transitional provisions in respect of Hauraki Gulf Maritime Park Board
46Certain public notices to have legal effect
47Transitional
48Part to be read with Marine Reserves Act 1971
49Interpretation
50Marine reserves to be maintained in natural state and public to have right of entry
51Governor-General may declare an area to be a marine reserve
52Procedure for declaring a marine reserve
53New sections relating to management substituted in principal Act
6General policy
7Conservation management strategies
8Conservation management plans
9Control and management of reserves
10Particular functions of Director-General in relation to marine reserves
11Particular powers of Director-General in relation to marine reserves
12Conservation objectives to be considered by Director-General
13Conservation function of New Zealand Conservation Authority
54Rangers
55Powers of rangers
56Offences within a reserve
57Time within which information may be laid
58Boundaries of marine reserves to be marked
59Rights of access and navigation
60Regulations
61Management committees abolished
62Cape Rodney-Okakari Point Marine Reserve Bylaws 1989
63Poor Knights Islands Marine Reserve Bylaws 1989
64Part to be read with Wildlife Act 1953
65Interpretation
66Alteration of Schedules
67Wildlife management reserves
68New sections relating to planning substituted in principal Act
14BWildlife areas to be managed by Department
14CGeneral policy
14DConservation management strategies
14EConservation management plans
69Notification as to conditions on which open season declared
70Hunting or killing in game areas
71Licence to hunt or kill game
72Holder of licence not to enter on land without consent
73Acclimatisation districts abolished
74Acclimatisation societies abolished
75Wildlife districts
76Rangers
77Minister’s general powers
78Tenancies
79Delegation of Minister’s powers
80Director-General may authorise taking or killing of wildlife for certain purposes
81Director-General may authorise hunting or killing of wildlife causing damage
82Ownership of animals
83Person in pursuit of wildlife to comply with demand by authorised officer
84Evidence of boundaries, etc.
85Forfeitures
86Regulations
87Repeals, savings, and consequential amendments
88Repeals
89Assets and liabilities of acclimatisation societies
90Part to be read with Reserves Act 1977
91Interpretation
92Rangers
93Committees
94New Part 2A inserted into principal Act
15AGeneral policy
95Functions of administering body
96New sections relating to management planning inserted into principal Act
40AConservation management strategies
40BConservation management plans in respect of reserves administered by Department
97Use of reserve for communications station
98Leasing powers in respect of recreation reserves (except farming, grazing, or afforestation leases) [Repealed]
99Leasing powers in respect of scenic reserves [Repealed]
100Powers in respect of nature reserves
101Leasing powers in respect of historic reserves [Repealed]
102Powers in respect of scenic reserves
103Commissioner may authorise person to carry on trade, business, or occupation within reserve
104Bylaws
105Part to be read with Marine Mammals Protection Act 1978
106Interpretation
107New sections relating to management planning inserted into principal Act
3ADepartment of Conservation to administer marine mammals and sanctuaries
3BGeneral policy
3CConservation management strategies
3DConservation management plans
108Part to be read with National Parks Act 1980
109Interpretation
110Wilderness areas [Repealed]
111Functions of Authority
112National Parks and Reserves Authority abolished
113Functions of Boards
114National Parks and Reserves Boards abolished
115Rangers
116Parks to be administered by Department
117New heading and section relating to regional management strategies inserted into principal Act
44AConservation management strategies
118Amendment and review of management plans
119Procedure for preparing and reviewing management plans
120Particular powers of Minister [Repealed]
121Accommodation within parks
122Application of section 11 and Part 10 of the Resource Management Act 1991 to sale of certain hotels
123Application of section 14(3) of Conservation Act 1987 to certain leases and licences
124Bylaws
125Ranger may stop and search boats, vehicles, premises, and possessions in park
126Stopping and searching boats outside parks
127Schedule 1 amended
[Repealed]
128Part to be read with Fisheries Act 1983 [Repealed]
129Interpretation [Repealed]
130Fishery management plan [Repealed]
131Procedure in relation to plans [Repealed]
132Emergency amendments to plan [Repealed]
133Minister may impose emergency restrictions before introduction of plan [Repealed]
134Minister may restrict fishing [Repealed]
135Restrictions on purchase or acquisition of fish by certain persons [Repealed]
136Repeal [Repealed]
137Issue of warrants [Repealed]
138Powers of seizure [Repealed]
139Pollution of marine waters [Repealed]
140Determination of closed seasons for fishing [Repealed]
141Closed season in exclusive economic zone [Repealed]
142Repeal [Repealed]
143Ownership and possession of fish [Repealed]
144Penalties [Repealed]
145Provisions relating to forfeited property and quota [Repealed]
146Repeals [Repealed]
147Amendment to Conservation Act 1987 [Repealed]
Reprint notes

An Act to amend the law relating to conservation organisations, freshwater fish and game, conservation management planning, and marginal strips

Be it enacted by the Parliament of New Zealand as follows: