a responsible person who supplies regulated timber (the supplier) to another person (the recipient) in trade must provide the recipient with the legal harvest information for the timber:

the supplier must provide the legal harvest information to the recipient before or when the timber is supplied to the recipient:

if the supplier becomes aware that any part of the legal harvest information is false or misleading in any material particular, they must provide the recipient with correct and up-to-date legal harvest information,—

the supplier must, in accordance with regulations, keep records of legal harvest information that they have provided under this section.

they belong to a class of persons specified by regulations as exempt from the legal harvest information requirements; or

the timber they supply is of a kind specified in regulations as timber to which section 79(1) does not apply (whether in part or in whole); or

the timber is supplied in the circumstances, or for the purposes, specified in regulations; or

all their regulated activity qualifies for 1 or more of the activity exceptions.

if the responsible person carried out the activity in the previous full financial year,—

if the responsible person did not carry out the activity in the previous full financial year, their level of activity in the current financial year is reasonably expected by them not to, and does not in fact, exceed the threshold level of timber.

must identify the timber to which it relates in accordance with any requirement or criteria in regulations (for example, by referring to location or by species of timber); and

must include any information that is required by regulations; and

must be made in the form approved by the Secretary.

they must, in relation to that timber, comply with all of the legal harvest information requirements; and

that timber is treated as regulated timber for the purposes of this Part.

in trade,—

in trade, the first processing of regulated timber:

in trade, importing or exporting a specified timber product for which they are the importer or exporter:

any of the above activities as an agent of another person.

registered for legal harvest; or

not required to be registered for legal harvest.

the person must be a fit and proper person to be registered for legal harvest; and

the person must have a due diligence system that complies with section 99; and

the person must meet any other criteria set by regulations.

the matters set out in regulations; and

any other matters that the Secretary considers relevant.

the only activity that they carry out relates to indigenous timber that is not regulated timber; or

they are within a class of persons who are exempted by regulations from the requirement to be registered; or

all their regulated activities fall within 1 or more of the activity exceptions.

if the person carried out the activity in the previous full financial year,—

if the person did not carry out the activity in the previous full financial year, their level of activity in the current financial year is reasonably expected by them not to, and does not in fact, exceed the threshold level for regulated timber or specified timber products:

the activity is the shipping or transporting of regulated timber or specified timber products, or associated logistical activities:

the activity is within a class of exempt activities specified by regulations for the purpose of this section.

any combination of regulated timber; or

any combination of specified timber products.

have and maintain a due diligence system in accordance with sections 99 and 103; and

act in accordance with their due diligence system whenever they undertake a regulated activity; and

have their due diligence system assessed as required by this Part; and

not receive regulated timber or specified timber products unless in accordance with section 88; and

comply with any applicable export requirements imposed under section 114; and

adhere to the practice standards for legal harvest (if any); and

keep records as required by regulations; and

notify the Secretary within 20 working days after any significant change in circumstances; and

report to the Secretary as required by regulations; and

keep their name and contact details up to date by notifying any change to the Secretary; and

comply with any other obligations that apply to persons registered for legal harvest, whether imposed by this Part or by regulations.

any matter that may result in a registered person no longer being a fit and proper person to be registered for legal harvest; and

the death of the person in control of the registered person, bankruptcy, receivership, voluntary administration, or liquidation.

receive the legal harvest information from the supplier of the regulated timber or specified timber product; and

conduct due diligence (in accordance with their due diligence system) in relation to the regulated timber or specified timber product.

section 81(1) applies to the responsible person who supplied the regulated timber; or

the regulated timber or timber from which the specified timber product is made—

be made—

include any other information required by regulations; and

be made in the form approved by the Secretary; and

be accompanied by payment of any fee specified in regulations.

be made to the Secretary in the form approved by the Secretary; and

identify the activity to which the registration relates (including any activity that qualifies for an exemption under section 86); and

be accompanied by—

include the information specified by regulations; and

be accompanied by payment of any fee specified in regulations.

register the applicant; and

notify the applicant of the date from which the registration has effect.

may ask the applicant to provide any other information that the Secretary needs to decide whether the applicant meets the registration criteria; and

if the applicant does not provide the requested information within 6 months after being asked for it, may decline the application for that reason.

the decision; and

the reasons for the decision; and

the right of review under section 148.

a person meets the registration criteria for legal harvest; and

the person carries out a regulated activity in branches or divisions.

the parent entity has a separate registration; and

the branch or division—

impose conditions on the registration of a person for legal harvest; and

at any time, modify the conditions.

may impose conditions if satisfied that the registered person has failed to comply with any of their obligations under section 87; but

may impose only the conditions that the Secretary considers necessary or desirable for the purposes of this Part, and that are reasonable.

the decision; and

the reasons for the decision; and

the right of review under section 148.

the person has contravened their obligations under this Part in a way that is more than minor or inconsequential; or

the person is no longer carrying out the activity for which they were registered.

give the person notice of the Secretary’s intention to suspend registration and the reasons for the decision; and

invite the person to provide information to satisfy the Secretary that the decision is inappropriate; and

give the person a reasonable opportunity to respond.

include the reasons for the decision; and

in the case of a suspension,—

inform the person of the right of review under section 148.

the person has exhausted their right of review in respect of the decision to suspend registration (after which registration is revoked under section 98); or

the Secretary notifies the person that the suspension is lifted on an earlier date.

necessary or desirable for the purposes of this Part; and

reasonable.

if registration is suspended under section 95 and the person has exhausted their right of review under section 148 of the decision to suspend registration; or

at the request of the registered person.

the person has failed within a reasonable time to take appropriate corrective action to remedy the deficiency or failure that resulted in the suspension; and

the person has not sought a review of the decision to suspend registration.

have a due diligence system for legal harvest; and

act in accordance with their due diligence system whenever they undertake a regulated activity.

dealing in any timber that—

importing or exporting any specified timber products that are, or include timber that is, not legally harvested.

any requirements set by regulations; and

any practice standards for legal harvest.

when supporting evidence is required:

information that a registered person must collect:

how to assess the completeness, accuracy, or reliability of the information collected:

how to eliminate or mitigate a risk:

how a recognised certification scheme, or a certification given under it, may be used in a due diligence system:

other methods to satisfy a due diligence requirement:

keeping records.

the kind, origin, and details of the regulated timber or specified product; and

evidence of any contravention of any harvest laws of the place or country of harvest (see section 77(1)(c)).

publish the approval notice, or notify its making, in the Gazette; and

publish the approval notice on an Internet site maintained by or on behalf of the Ministry; and

make a copy of the template available, free of charge, on an Internet site or for public inspection at reasonable hours at the head office of the Ministry; and

take reasonable steps to bring the approved template to the attention of persons likely to be substantially affected by it; and

on request, supply a copy of the template, free of charge, to any person who cannot access it on the Internet site.

subject to any conditions specified by the Secretary in the notice; and

for a period (if any) specified by the Secretary in the notice.

the requirements of the scheme are sufficient, in terms of eliminating or minimising the risk of dealing in timber that is not legally harvested, to justify it being used in a due diligence system; and

the scheme satisfies any other criteria set by regulations.

publish the notice on an Internet site maintained by or on behalf of the Ministry; and

where practicable, cause the details of the recognition to be brought to the attention of persons likely to be affected by the certification scheme by notice or publication in any newspaper or trade journal, or by any other practicable means (including electronic means).

amend their due diligence system as necessary to comply with that section; and

notify the Secretary.

the extent to which the system complies with the requirements of section 99; and

the extent to which the person has acted, is acting, or is able to act in accordance with their system when they undertake a regulated activity.

at regular intervals based on the level of risk as required by section 99(2); and

whenever required to do so by an export requirement; and

when directed by the Secretary if—

access to places, things, and information that the assessor reasonably needs to undertake the assessment; and

any reasonable assistance that the assessor asks for to undertake the assessment.

complete the assessment; and

provide the person whose due diligence system is being assessed with—

produce a final assessment report; and

notify the outcome to the Secretary.

if the assessor is an employee of the Ministry or any other department, the application fee and assessment charge that are specified by regulations; and

if the assessor is not an employee of the Ministry or any other department, the fees and charges set by the assessor.

facilitating trade in legally harvested timber; and

facilitating trade in products wholly or partly made from legally harvested timber; and

supporting access to overseas markets of specified timber products.

that they have an exporter statement; or

that their statement is valid after it has expired or been withdrawn.

must state that the person exporting the specified timber product—

must state that the exporter is complying with any export requirements specified under section 114; and

may contain any other information that the Secretary considers necessary and appropriate to support the registered person’s access to a particular export market.

state the period for which it is valid, in accordance with section 110; and

state that it may become invalid before the expiry of that period for the reasons set out in section 112.

the period of 12 months that begins on the day on which it is issued; or

the period specified in the statement.

specify the countries to which the specified timber product is intended for export; and

include a statement from the applicant that they are complying with all applicable export requirements; and

include information specified in regulations; and

be in the form approved by the Secretary; and

be accompanied by payment of any fee specified in regulations.

the statement was inappropriately or incorrectly issued; or

the statement is not or is no longer true.

impose export requirements set by the New Zealand Government relating to specified timber products; and

impose export requirements set by an overseas market relating to specified timber products; and

specify how and when the export requirements may or must be met; and

specify who is responsible for ensuring the export requirements are met; and

specify matters that must be recorded, including how they must be recorded.

the requirements directly relate to ensuring that a specified timber product is, or is made of, timber that is legally harvested; and

the requirements are—

all or any classes or descriptions of specified timber products intended for export; or

all or any classes of person.

must make it available for inspection free of charge, or for purchase at reasonable cost, to any exporters and other persons who—

is not required to make it available to any other person.

all or any classes of specified timber products intended for export from New Zealand; or

a specified person or all or any classes of person.

the specified timber product to which the export requirement applies is to be used—

the exemption is authorised by regulations.

the person or class of person is using the specified timber product for any purpose specified in subsection (2)(a)(i) to (iii); or

the exemption is authorised by regulations.

maintain any applicable competency requirements set in regulations; and

maintain an appropriate degree of impartiality and independence; and

maintain appropriate confidentiality (particularly in respect of commercially sensitive matters) relating to operations and activities the assessor comes into contact with in the course of assessing due diligence systems (except to the extent that the assessor is required to report under paragraph (d)); and

report to the Secretary as required by this Part or regulations; and

comply with all conditions of their recognition; and

comply with any other requirements set by this Part or regulations.

ensure that each of its recognised assessors is a fit and proper person; and

ensure it has adequate resources and systems in place to carry out its functions and activities; and

have documented policies and procedures to safeguard the confidentiality of the information obtained or created while carrying out those functions and activities; and

have systems, processes, and procedures to manage appropriately any conflict of interest that might arise while carrying out those functions and activities; and

comply with all conditions of its recognition; and

comply with any other requirements set by this Part or regulations.

must take into account—

must be satisfied that the person’s system for undertaking assessments is fit for purpose; and

may take into account any other matters that the Secretary considers relevant.

the person’s system for undertaking assessments under this Part is fit for purpose; and

the person is a fit and proper person to be a recognised agency after taking into account—

the person has effective systems to ensure, in accordance with section 119(2), that each of their assessors is a fit and proper person.

on the application of a recognised agency; or

on the application of a person who is also applying to the Secretary for recognition as a recognised agency; or

on the application of a class of individuals.

those individuals are engaged by the applicant; and

the applicant has the systems and capacity to ensure that each of those individuals is a fit and proper person in accordance with section 119(2); and

the applicant complies with the requirements of section 120(3)(a) and (b).

whether the individuals within the class have the competencies, training, qualifications, and experience suitable for undertaking assessments; and

any other criteria specified in regulations.

be made to the Secretary in the form approved by the Secretary; and

include any information required by regulations; and

be accompanied by payment of any fee specified in regulations.

decide, in accordance with section 119, 120, or 121 (as the case may be), whether to accept or decline the application; and

notify the applicant of that decision, including (if applicable) the date of recognition, any conditions of recognition, and the matters referred to in section 126(2); and

make any necessary changes to the register of assessors and recognised agencies.

notify the applicant of the Secretary’s intention to decline recognition and include reasons; and

invite the applicant to provide information, within 20 working days after the date of the notification, to satisfy the Secretary that a decision to decline recognition is inappropriate; and

consider any further information provided by the applicant.

the Ministry or any group within the Ministry as a recognised agency; and

any officer or employee of any department within the meaning of section 5 of the Public Service Act 2020 as an assessor.

give the Ministry, department, or person written notice of the recognition; and

give notice to the affected group of the recognition in any manner that the Secretary is reasonably satisfied will ensure that the matter is sufficiently notified to the group; and

include in the notice the date of recognition, any conditions of recognition, and the matters referred to in section 126(2) (if applicable).

gives the assessor or agency written notice of the modifications and include reasons; and

provides the assessor or agency with a reasonable opportunity to respond; and

considers their responses (if any) before giving final notice of the decision.

may modify the conditions without completing the steps in subsection (2); but

must ensure the assessor is sufficiently notified of any modifications.

specify the period in the notice given under section 123 or 124; and

include reasons for the decision.

a person may apply to the Secretary for a renewal of the recognition, no later than 1 month before the specified period ends; or

the Secretary may renew the recognition without application.

either—

the reasons why the Secretary recognised the recognised agency, person, or class of individuals still apply; and

the recognised agency or person has, or a sufficient proportion of the members of the recognised class of individuals have, complied with the conditions of their recognition and the requirements of this Part during the period of recognition.

the person is no longer meeting the criteria for recognition; or

the person’s performance as an assessor or agency is unsatisfactory; or

the person has failed to satisfy a requirement of this Part or regulations; or

the person has failed to pay an ongoing recognition fee, charge, or levy within the period of 30 days after the date on which it was due and payable.

impose conditions that must be satisfied before the suspension is lifted:

require a suspended person to take appropriate corrective action to remedy the deficiency or failure that resulted in the suspension.

any conditions imposed under that section have not been satisfied within the suspension period; or

any corrective actions required under that section have not been fulfilled within the suspension period.

impose conditions that must be satisfied before the extended period of suspension is lifted:

require a suspended person to take appropriate corrective action to remedy the deficiency or failure that resulted in the suspension.

give the affected person 15 working days’ notice of the Secretary’s intention to suspend recognition and include reasons; and

in the notice, invite the affected person to provide information to satisfy the Secretary that a decision to suspend is inappropriate.

the decision and the date from which the suspension takes effect; and

the right of review available under section 148.

the date on which the affected person has exhausted their right of review under section 148 in respect of the decision to suspend (after which recognition is withdrawn under section 130); or

any earlier date on which the Secretary notifies the affected person that the suspension is lifted.

if the affected person is an assessor (recognised under section 119 or by virtue of belonging to a recognised class of individuals under section 121), they must be treated as not being an assessor under this Part; or

if the affected person is a recognised class of individuals, they must be treated as not being a recognised class of individuals under this Part; or

if the affected person is an agency, they must be treated as not being a recognised agency under this Part.

it would be appropriate to suspend recognition, or extend a suspension, but repeated suspensions in the past have been ineffective; or

recognition has been suspended and the person has exhausted their right of review under section 148(1)(d); or

the person or agency is no longer a fit and proper person to be an assessor or a recognised agency; or

the person or agency is no longer carrying out their role as an assessor or recognised agency.

the person has failed within a reasonable time to take appropriate corrective action to remedy the deficiency or failure that resulted in the suspension; and

the person has not sought a review of the decision to suspend.

notify the person or agency of the Secretary’s intention to withdraw recognition and include reasons; and

invite the person or agency to provide information, within 20 working days after the date of the notification, to satisfy the Secretary that a decision to withdraw recognition is inappropriate; and

consider any further information provided by the person or agency.

surrender their recognition to the Secretary; and

specify a future date on which the surrender is to take effect (the proposed date).

the proposed date; and

the date on which the Secretary records the surrender in the register of assessors and recognised agencies.

to enable members of the public to know whether a person is a registered person; and

to enable members of the public to know how to contact a registered person; and

to assist with the enforcement of the provisions of this Part.

the person’s name or trading name and contact details; and

the date on which the person was registered; and

if the person holds an exporter statement,—

details (including dates) of any suspension or withdrawal of registration; and

the name or designation of the person who is responsible for the day-to-day management of the business; and

any other information required by regulations.

to enable members of the public to know whether a person is an assessor or whether an agency is a recognised agency; and

to enable members of the public to know how to contact the assessor or recognised agency; and

to assist with the enforcement of the provisions of this Part.

the person’s name or trading name and contact details and, if they are engaged by a recognised agency, the agency’s trading name and contact details; and

the date on which the person became recognised as an assessor; and

details of any suspension, withdrawal, or surrender of recognition; and

any other information required by regulations.

determine the form in which each register is to be kept; and

make each register available for public inspection at all reasonable times, free of charge, by publishing it on an Internet site maintained by, or on behalf of, the Secretary; and

supply a copy of information contained in the register to anyone who requests it, at no more than a reasonable cost.

its disclosure would be prejudicial to their personal safety or their family’s; or

they want to preserve their privacy.

the grounds relating to personal safety apply; or

the grounds relating to privacy apply.

the Secretary is satisfied that the other person needs the address to exercise a legal right, or satisfy a legal obligation, in relation to the first person (for example, to serve notice on them); and

before providing the information, the Secretary gives notice to the first person specifying—

the Secretary’s powers to give directions relating to functions, duties, and powers of specified persons, to notify the harvest laws of a place or country, and to obtain information; and

an officer’s powers to enter and inspect a place with or without a search warrant; and

warning notices to be issued by an officer to a person registered for legal harvest who the officer reasonably believes is failing to comply with a requirement under this Part; and

compliance notices to be issued to that person if they do not comply with that requirement after being issued a warning notice; and

offences relating to the supply of false or misleading information; and

strict liability offences for failure to comply with specified sections of this Part.

a recognised agency:

an assessor:

an officer.

publish the notice, or notify its making, in the Gazette; and

publish the notice on an Internet site maintained by or on behalf of the Ministry; and

make a copy of the notice available, free of charge, on an Internet site or for public inspection at reasonable hours at the head office of the Ministry; and

take reasonable steps to bring the notice to the attention of persons likely to be substantially affected by it; and

on request, supply a copy of the notice, free of charge, to any person who cannot access it on the Internet site.

to provide the Secretary with the information or class of information specified in the notice; and

to provide the information within a specified time frame or at regular intervals specified in the notice.

to verify whether the person is a fit and proper person—

to verify whether the person is complying with their obligations under this Part; or

to verify information provided to the Secretary by the person; or

to gather statistical information for the purpose of this Part, which may include,—

in a form specified by the Secretary; and

within a reasonable time.

a place where a responsible person, a person registered for legal harvest, a recognised agency, or an assessor operates:

any land, premises, vehicle, conveyance, ship, aircraft, railway, railcar, or bulk cargo container, or other area or thing where the officer reasonably believes any of the following will be found:

enter a place (including a dwelling house or a marae) described in section 142 and specified in the warrant; and

search and examine the place; and

take any samples and seize any documents, records, or information; and

seize any thing in order to access those documents, records, or information.

take further steps on or in relation to the notice; or

vary, revoke, or withdraw the notice.

the officer may issue a warning notice to the person; and

if the person fails to comply with the requirement despite the warning, the officer may issue a compliance notice to the person.

state the requirement; and

include guidance to help the person to comply with the requirement and include any other information that the Secretary considers appropriate; and

state that failure to comply with the requirement may result in the issuing of a compliance notice; and

state the person’s right, under section 148, to seek a review of the decision to issue the warning notice.

the requirement; and

why the officer reasonably believes the person is failing, or has failed to comply with the requirement; and

the nature and extent of the failure to comply with the requirement; and

the date by which the person must comply with the requirement (the compliance date); and

that failing to comply with the compliance notice may result in 1 or more of the following:

the person’s right, under section 148, to seek a review of the decision to issue the compliance notice.

supplies to a person any false or misleading information, knowing it to be false or misleading; or

supplies to a person any false or misleading information.

did not know they were providing false or misleading information; and

took reasonable precautions and exercised due diligence to ensure that the information provided was not false or misleading.

the defendant notifies the prosecutor in writing, at least 15 working days before the hearing date, that they intend to rely on the defence; or

the court gives leave for the defendant to rely on the defence.

if the person is an individual, to a fine not exceeding $200,000; and

in any other case, to a fine not exceeding $600,000.

if the person is an individual, to a fine not exceeding $100,000; and

in any other case, to a fine not exceeding $200,000.

they fail to comply with the legal harvest information requirements when required to do so by section 79:

they fail to comply with section 84(1) (persons must be registered for legal harvest):

they fail to comply with section 84(2) (person must not falsely hold out that a person is registered or is not required to be registered):

they fail to comply with any of their obligations in section 87(1)(f) to (k) (obligations of registered persons):

they receive regulated timber or specified timber products in contravention of section 88(1):

they fail to have a due diligence system for legal harvest as required by section 99(1)(a):

they fail to act in accordance with their due diligence system whenever they undertake a regulated activity as required by section 99(1)(b):

they fail to keep their due diligence system up to date as required by section 103:

they fail to have their due diligence system assessed as required by section 105:

they fail to comply with section 108(2) (person must not falsely hold out that they have an exporter statement or a valid exporter statement):

they fail to comply with section 108(3) (person must not use exporter statement in a false or misleading way):

they are required by a notice issued under section 141 to provide information to the Secretary and they fail to comply with the requirement.

the commission of the offence was due to—