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.

These regulations are administered by the Department of Conservation.

Pursuant to section 72 of the Wildlife Act 1953, Her Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, hereby makes the following regulations.

Regulations

1 Title and commencement

(1)

These regulations may be cited as the New Zealand Game Bird Habitat Stamp Regulations 1993.

(2)

These regulations shall come into force on the 28th day after the date of their notification in the Gazette.

2 Interpretation

In these regulations, unless the context otherwise requires,—

the Act means the Wildlife Act 1953

Board means the New Zealand Game Bird Habitat Trust Board

threatened communities or areas of plants or animals having national or regional significance includes communities and areas identified in any of the following documents held by the Director-General of Conservation:

(a)

the Sites for Special Wildlife Interest Survey:

(b)

the Protected Natural Areas Programme:

(c)

any conservation management strategy inventory:

(d)

the Lake Taupo Reserves Scheme

threatened species includes any species of plant or animal within the meaning given to any of the terms endangered, vulnerable, indeterminate, and rare by the International Union for Conservation of Nature and Natural Resources.

Game bird habitat stamp

3 Receipt and remittance of revenue from stamp programme

(1)

Each Fish and Game Council shall lodge in a separate interest earning account all revenue received from the collection of game bird habitat stamp fees and the sale of game bird habitat stamps and associated products.

(2)

Each Fish and Game Council shall, before the close of 30 November in each year, remit to the New Zealand Fish and Game Council the balance held in the account referred to in subclause (1), together with interest accrued as at the close of the most recently completed financial year of the Fish and Game Council.

(3)

The New Zealand Fish and Game Council shall, before the close of 31 December in each year, deposit in a bank account of the Board the net receipts in respect of game bird habitat stamp fees and the net revenue from the sale of game bird habitat stamps and associated products.

4 Fee

[Revoked]

Regulation 4: revoked, on 1 October 1997, by regulation 2 of the New Zealand Game Bird Habitat Stamp Amendment Regulations 1997 (SR 1997/177).

New Zealand Game Bird Habitat Trust Board

5 Approval of applications for funding

(1)

Every application for a grant for the protection, restoration, improvement, creation, or procurement of game bird or other wildlife habitat shall be made to the Board in writing.

(2)

In deciding whether or not to approve an application for such a grant, the Board shall—

(a)

give priority to applications that will primarily benefit game bird habitat; and

(b)

ensure, so far as is practicable, that in the long term the proposals contained in the application are not to the detriment of habitat for threatened species of plants or animals or threatened communities or areas of plants or animals having national or regional significance.

(3)

The Board shall not approve an application that does not comply with subclause (1).

(4)

The Board shall not approve an application for a grant in respect of—

(a)

the construction of any building, pathway, or observation structure; or

(b)

the purchase of any vehicle or equipment; or

(c)

the employment of any person by the applicant, except for the purpose of initial habitat creation, restoration, or improvement.

(5)

The Board shall ensure, so far as is practicable, that all necessary consents under the Resource Management Act 1991 are obtained before funds are disbursed by the Board to a successful applicant; and the Board may make any grant subject to the condition that such consents must be obtained before money will be disbursed under the grant.

Regulation 5(5): amended, on 23 December 2023, by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).

6 Chairperson of Board

(1)

The Chairperson of the Board shall preside at all meetings of the Board at which he or she is present.

(2)

If the Chairperson is absent from any meeting of the Board, the members present shall appoint one of their number to be Chairperson at that meeting.

7 Meetings of Board

(1)

Meetings of the Board shall be held at such times and places as the Board or Chairperson from time to time appoints.

(2)

No business shall be transacted at any meeting of the Board unless a quorum is present.

(3)

At every meeting of the Board, 4 members shall constitute a quorum.

(4)

Every question before any meeting of the Board shall be determined by a majority of the members present and voting on the question.

(5)

At any meeting of the Board, the Chairperson of that meeting shall have a deliberative vote and, in the case of an equality of votes, shall also have a casting vote.

(6)

The Board shall maintain minutes of all of its meetings.

(7)

The Board shall forward copies of all such minutes to—

(a)

the New Zealand Fish and Game Council; and

(b)

all Fish and Game Councils; and

(c)

the Director-General of Conservation; and

(d)

Ducks Unlimited New Zealand Incorporated; and

(e)

such other persons or organisations as the Board considers appropriate.

(8)

Subject to the Act and to this regulation, the Board may regulate its own procedure.

8 Travelling expenses of members

The Board shall reimburse each member of the Board, out of its own funds, for the actual and reasonable travel, accommodation, and incidental expenses incurred by the member in respect of his or her service as a member of the Board.

Marie Shroff,
Clerk of the Executive Council.

Issued under the authority of the Legislation Act 2019.

Date of notification in Gazette: 7 October 1993.

Notes

1 General

This is a consolidation of the New Zealand Game Bird Habitat Stamp Regulations 1993 that incorporates the amendments made to the legislation so that it shows the law as at its stated date.

2 Legal status

A consolidation is taken to correctly state, as at its stated date, the law enacted or made by the legislation consolidated and by the amendments. This presumption applies unless the contrary is shown.

Section 78 of the Legislation Act 2019 provides that this consolidation, published as an electronic version, is an official version. A printed version of legislation that is produced directly from this official electronic version is also an official version.

3 Editorial and format changes

The Parliamentary Counsel Office makes editorial and format changes to consolidations using the powers under subpart 2 of Part 3 of the Legislation Act 2019. See also PCO editorial conventions for consolidations.

4 Amendments incorporated in this consolidation

Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68): section 6

New Zealand Game Bird Habitat Stamp Amendment Regulations 1997 (SR 1997/177)

New Zealand Game Bird Habitat Stamp Regulations 1993