Forests (Regulation of Log Traders and Forestry Advisers) Amendment Bill

  • enacted

Hon Shane Jones

Forests (Regulation of Log Traders and Forestry Advisers) Amendment Bill

Government Bill

250—2

Contents

Commentary
Key
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
63EADecision making must comply with natural justice
63FPower to obtain information from registered persons
Log trader registration
63GLog traders must be registered
63HMeaning of log trader
63IEntitlement to be registered log trader
63JObligations of registered log trader
Forestry adviser registration
63KForestry advisers must be registered
63LMeaning of forestry adviser service
63MEntitlement to be registered forestry adviser
63NObligations of registered forestry adviser
Applications for registration
63OApplication for registration
63PDecision on application for registration
Renewal of registration
63QRegistrations expire unless renewed
63RApplication for renewal of registration
63SDecision on application for renewal of registration
Registration conditions
63TConditions of forestry adviser registration
Measures to address unsatisfactory conduct or misconduct
63TAMeasures to address unsatisfactory conduct or misconduct
63TBNotice requiring log trader to address unsatisfactory conduct
Suspension and revocation of registration
63USuspension of registration if obligations not met for misconduct
63VRevocation of registration
Review of decisions
63WRight of review of certain decisions of Forestry Authority
63XWho reviews decision
63YHow review is conducted
Appeal to court
63YAAppeal to High Court
63YBTime for appeal to High Court
63YCHigh Court may make interim order
63YDDetermination of appeal
63YEAppeal to Court of Appeal on question of law
63YFTime for appeal to Court of Appeal
Complaints and dispute resolution
63ZUnresolved disputes to be referred to arbitration
63ZComplaints about unsatisfactory conduct or misconduct
63ZAAADisputes about commercial matters
Offences and penalties
63ZAOffences
63ZBPenalties
Forestry registers
63ZCMeaning of forestry register
63ZDRegister of log traders
63ZERegister of forestry advisers
63ZFForm of forestry registers
63ZGAccess to forestry registers
63ZHObligation to notify Forestry Authority of changes
Subpart 2—Cost recovery
63ZIObligation to recover costs
63ZJPrinciples of cost recovery
63ZKRequirement for consultation
63ZLMethods of cost recovery
63ZMCost recovery to relate generally to financial year
63ZNMinister may review levels and methods of cost recovery
63ZOTrust accounts required to be kept by persons collecting levies
63ZPFees, levies, and charges payable are debt due to the Crown
63ZQPenalty for failure to pay fee, levy, or charge
63ZRWaiver of penalty
63ZSServices may be withdrawn until debt paid
63ZTObligation to pay fee, levy, charge, or penalty not suspended by dispute
Subpart 3—Regulations
63ZURequirements before making regulations
63ZVRegulations may subdelegate power to make rules
63ZWRegulations: registration
63ZXRegulations: complaints and disputes
63ZXARegulations: disputes
63ZYRegulations: fees and charges
63ZZRegulations: levies
63ZZALevies regulations are confirmable instruments
Subpart 4—Rules and exemptions
63ZZBRequirements before making rules and exemptions
63ZZCRules: forestry practice standards
63ZZDRules: code of ethics
63ZZEExemptions from registration requirements
8Section 67A repealed (Part binds the Crown)
8ASection 72A amended (Remuneration and expenses)
9New Schedule 1AA inserted
Part 2
Technical amendment Transitional schedule inserted in principal Act
9New Schedule 1AA inserted
10Forests Amendment Act 2004 amended
Schedule
New Schedule 1AA inserted
Legislative history

The Parliament of New Zealand enacts as follows: