Forests (Regulation of Log Traders and Forestry Advisers) Amendment Act 2020

If you need more information about this Act, please contact the administering agency: Ministry for Primary Industries

Version as at 28 October 2021

Coat of Arms of New Zealand

Forests (Regulation of Log Traders and Forestry Advisers) Amendment Act 2020

Public Act
 
2020 No 43
Date of assent
 
6 August 2020
Commencement
 
see section 2
Note

The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

This Act is administered by the Ministry for Primary Industries.

Contents

1Title
2Commencement
3Principal Act
Part 1
Amendments to principal Act
4Section 2 amended (Interpretation)
5New sections 2A and 2B inserted
2ATransitional, savings, and related provisions
2BParts of this Act that bind the Crown
6Section 13 amended (Protection of forestry officers, etc)
7New Part 2A inserted
Part 2A
Regulation of log traders and forestry advisers
63APurpose of this Part
Subpart 1—Registration and related matters
Forestry Authority
63BForestry Authority
63CFunctions
63DFunctions or powers may be delegated outside Public Service
63EOversight of functions and powers delegated outside Public Service
63FDecision making must comply with natural justice
63GPower to obtain information from registered persons
Log trader registration
63HLog traders must be registered
63IMeaning of log trader
63JEntitlement to be registered log trader
63KObligations of registered log trader
Forestry adviser registration
63LForestry advisers must be registered
63MMeaning of forestry adviser service
63NEntitlement to be registered forestry adviser
63OObligations of registered forestry adviser
Applications for registration
63PApplication for registration
63QDecision on application for registration
Renewal of registration
63RRegistrations expire unless renewed
63SApplication for renewal of registration
63TDecision on application for renewal of registration
Registration conditions
63UConditions of registration
Measures to address unsatisfactory conduct or misconduct
63VMeasures to address unsatisfactory conduct or misconduct
63WNotice requiring log trader to address unsatisfactory conduct
Suspension and revocation of registration
63XSuspension of registration for misconduct
63YRevocation of registration
Review of decisions
63ZRight of review of certain decisions of Forestry Authority
63ZAWho reviews decision
63ZBHow review is conducted
Appeal to court
63ZCAppeal to High Court
63ZDTime for appeal to High Court
63ZEHigh Court may make interim order
63ZFDetermination of appeal
63ZGAppeal to Court of Appeal on question of law
63ZHTime for appeal to Court of Appeal
Complaints and dispute resolution
63ZIComplaints about unsatisfactory conduct or misconduct
63ZJDisputes about commercial matters
Offences and penalties
63ZKOffences
63ZLPenalties
Forestry registers
63ZMMeaning of forestry register
63ZNRegister of log traders
63ZORegister of forestry advisers
63ZPForm of forestry registers
63ZQAccess to forestry registers
63ZRObligation to notify Forestry Authority of changes
Subpart 2—Cost recovery
63ZSObligation to recover costs
63ZTPrinciples of cost recovery
63ZURequirement for consultation
63ZVMethods of cost recovery
63ZWCost recovery to relate generally to financial year
63ZXMinister may review levels and methods of cost recovery
63ZYTrust accounts required to be kept by persons collecting levies
63ZZFees, levies, and charges payable are debt due to the Crown
63ZZAServices may be withdrawn until debt paid
63ZZBObligation to pay fee, levy, charge, or penalty not suspended by dispute
Subpart 3—Regulations
63ZZCRequirements before making regulations
63ZZDRegulations may subdelegate power to make rules
63ZZERegulations: registration
63ZZFRegulations: complaints
63ZZGRegulations: disputes
63ZZHRegulations: fees and charges
63ZZIRegulations: levies
63ZZJLevies regulations are confirmable instruments [Repealed]
Subpart 4—Rules and exemptions
63ZZKRequirements before making rules and exemptions
63ZZLRules: forestry practice standards
63ZZMRules: code of ethics
63ZZNExemptions from registration requirements
8Section 67A repealed (Part binds the Crown)
9Section 72A amended (Remuneration and expenses)
Part 2
Transitional schedule inserted in principal Act
10New Schedule 1AA inserted
11Consequential amendments to Climate Change Response (Emissions Trading Reform) Amendment Act 2020
Part 2
Provisions relating to Climate Change Response (Emissions Trading Reform) Amendment Act 2020
Schedule
New Schedule 1AA inserted
Notes

The Parliament of New Zealand enacts as follows: