Forests (Log Traders and Forestry Advisers Repeal) Amendment Bill
Forests (Log Traders and Forestry Advisers Repeal) Amendment Bill
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Forests (Log Traders and Forestry Advisers Repeal) Amendment Bill
Forests (Log Traders and Forestry Advisers Repeal) Amendment Bill
Government Bill
48—1
Explanatory note
General policy statement
To support the Government’s priorities of reducing regulation and associated compliance costs on businesses, the Forests (Log Traders and Forestry Advisers Repeal) Amendment Bill (the Bill) provides for the—
disestablishment of the registration system and all associated requirements for log traders and forestry advisers; and
Ministry for Primary Industries (MPI) to refund any fees or levies paid to MPI under the scheme and waive any fees or levies that are due but not yet paid at the time of commencement.
The Bill also defers the commencement date of, and makes consequential amendments to, the Forests (Legal Harvest Assurance) Amendment Act 2023. This is to ensure that there are no regulatory gaps and that full engagement with affected persons and trading partners can be delivered. It also ensures that the secondary legislation for the legal harvest system is developed and implemented in a way that appropriately manages risk and does not add unnecessary compliance costs.
Departmental disclosure statement
The Ministry for Primary Industries is required to prepare a disclosure statement to assist with the scrutiny of this Bill. The disclosure statement provides access to information about the policy development of the Bill and identifies any significant or unusual legislative features of the Bill.
A copy of the statement can be found at http://legislation.govt.nz/disclosure.aspx?type=bill&subtype=government&year=2024&no=48.
Supplementary analysis report
The Ministry for Primary Industries produced a supplementary analysis report on 23 April 2024 to help inform the main policy decisions taken by the Government relating to the contents of this Bill.
A copy of this supplementary analysis report can be found at—
https://www.mpi.govt.nz/dmsdocument/61942-Supplementary-Analysis-Report
Clause by clause analysis
Clause 1 is the Title clause.
Clause 2 states that the Bill comes into force on the day after Royal assent.
Part 1Amendments to Forests Act 1949
Clause 3 states that Part 1 amends the Forests Act 1949 (the principal Act).
Clause 4 amends section 2 of the principal Act to remove several definitions that are no longer required as a result of the repeal of the log trader and forestry adviser registration regime.
Clauses 5 and 6 make consequential amendments to the principal Act.
Clause 7 repeals the log trader and forestry adviser registration regime by repealing Part 2A of the principal Act.
Clause 8 provides for transitional and savings provisions (as set out in the Schedule and to be inserted into Schedule 1AA of the principal Act) in respect of the repeal. Those provisions provide that—
the chief executive of the Ministry for Primary Industries must refund any application fees for registration and any levies that have already been paid; and
any unpaid fees and levies are waived; and
any unresolved reviews and complaints under the registration regime are extinguished; and
recipients of formal notices from the Forestry Authority no longer need to comply with those notices; and
any commercial disputes being dealt with under section 63ZJ of the principal Act no longer need to follow the procedure set by the Forests (Regulation of Log Traders and Forestry Advisers) Regulations 2022.
Part 2Amendments to other legislation
Subpart 1—Amendments to Forests (Legal Harvest Assurance) Amendment Act 2023
Subpart 1 amends the Forests (Legal Harvest Assurance) Amendment Act 2023 (the amendment Act). That Act, which is not yet in force, will amend the principal Act to establish a new regulatory system for legal harvest assurance and, in doing so, will amend some parts of the principal Act that are also being amended or repealed by the Bill.
The Bill amends the amendment Act to ensure that the legal harvest assurance regulatory system continues to apply to persons who, in trade, buy or export New Zealand logs, or process New Zealand logs they have grown themselves.
The Bill also amends the amendment Act to—
postpone the date on which the amendment Act comes into force from 20 May 2026 to 1 August 2027, unless brought into force earlier by Order in Council; and
make necessary consequential changes to the amendment Act’s amendments to the principal Act due to the repeal of the log trader and forestry adviser registration regime; and
renumber and reposition the various new provisions to be inserted by the amendment Act into the principal Act as a result of these changes.
Subpart 2—Secondary legislation revoked
Clause 18 revokes secondary legislation relating to log traders and forestry advisers.
Subpart 3—Consequential amendment
Clauses 19 and 20 make a consequential amendment to the Legislation Act 2019.
Hon Todd McClay
Forests (Log Traders and Forestry Advisers Repeal) Amendment Bill
Government Bill
48—1
Contents
The Parliament of New Zealand enacts as follows:
1 Title
This Act is the Forests (Log Traders and Forestry Advisers Repeal) Amendment Act 2024.
2 Commencement
This Act comes into force on the day after Royal assent.
Part 1 Amendments to Forests Act 1949
3 Principal Act
This Part amends the Forests Act 1949.
4 Section 2 amended (Interpretation)
(1)
In section 2(1), repeal the definitions of—
(a)
code of ethics; and
(b)
forestry adviser service; and
(c)
Forestry Authority or Authority; and
(d)
forestry practice standards; and
(e)
forestry register; and
(f)
log trader.
(2)
In section 2(1), definition of registered, repeal paragraph (c).
5 Section 2B replaced (Parts of this Act that bind the Crown)
Replace section 2B with:
2B Part of this Act that binds the Crown
Part 3A of this Act binds the Crown.
6 Section 13 amended (Protection of forestry officers, etc)
Repeal section 13(2).
7 Part 2A repealed
Repeal Part 2A.
8 Schedule 1AA amended
In Schedule 1AA,—
(a)
insert the Part set out in the Schedule of this Act as the last Part; and
(b)
make all necessary consequential amendments.
Part 2 Amendments to other legislation
Subpart 1—Amendments to Forests (Legal Harvest Assurance) Amendment Act 2023
9 Principal Act
This subpart amends the Forests (Legal Harvest Assurance) Amendment Act 2023.
10 Section 2 amended (Commencement)
(1)
Replace section 2(1)(a) with:
(a)
1 August 2027:
(2)
In section 2(2)(b), replace “Part 7”
with “Part 6”
.
11 Section 4 amended (Section 2 amended (Interpretation))
(1)
Repeal section 4(1) and (2).
(2)
Replace section 4(3) with:
(3)
In section 2(1), definition of registered, after paragraph (b), insert:
(ba)
in relation to Part 5, registered under that Part for legal harvest:
(3)
In section 4(4), repeal the new definitions of misconduct, threshold volume, and unsatisfactory conduct.
(4)
In section 4(4), new definition of New Zealand log, replace “Parts 5 and 6”
with “Part 5”
.
(5)
In section 4(4), replace the new definition of practice standards with:
practice standards, in relation to legal harvest, means the practice standards set under section 158
12 Section 5 replaced (Section 2B amended (Parts of this Act that bind the Crown))
Replace section 5 with:
5 Section 2B replaced (Part of this Act that binds the Crown)
Replace section 2B with:
2B Parts of this Act that bind the Crown
The following Parts of this Act bind the Crown:
(a)
Part 3A:
(b)
Part 5:
(c)
Part 6.
13 Section 6 amended (Section 13 amended (Protection of forestry officers, etc)
Replace section 6(3) with:
(3)
After section 13(1), insert:
(1A)
This section applies to—
(a)
an officer:
(b)
an employee of the Ministry:
(c)
a person appointed to a committee under section 15(2)(b):
(d)
a person called on to assist an officer.
14 Sections 10 to 47 repealed
Repeal sections 10 to 47.
15 Section 49 amended (New Parts 5 to 7 inserted)
(1)
In section 49, replace new section 75(1)(b)(i) with:
(i)
buying or exporting New Zealand logs (in trade); or
(ia)
processing New Zealand logs (in trade) that the person has grown themselves; or
(2)
In section 49, replace new section 84(1)(a) with:
(a)
in trade,—
(i)
buying New Zealand logs, whether after harvest or in the form of trees to be harvested at an agreed time, and whether or not the person intends to on-sell the logs; or
(ii)
exporting New Zealand logs; or
(iii)
processing New Zealand logs that the person has grown themselves:
(3)
In section 49, repeal new section 84(4).
(4)
In section 49, replace new section 97 with:
97 Effect of suspension
As long as a person’s registration for legal harvest is suspended, the person must be treated as not being registered for legal harvest, subject to any conditions imposed under section 94(1).
(5)
In section 49, new section 152(1)(b)(i), replace “section 207”
with “section 167”
.
(6)
In section 49, new section 152(1)(b)(ii), replace “section 208”
with “section 168”
.
(7)
In section 49, new section 152(1)(b)(iii), replace “section 210”
with “section 170”
.
(8)
In section 49, repeal new Part 6.
(9)
In section 49, replace the heading to new Part 7 with:
Part 6 Provisions that apply to Part 5
(10)
In section 49, replace new section 205 with:
205 This Part applies to Part 5
This Part applies to Part 5.
(11)
In section 49, new sections 206(1), 210(1)(a), 211(1), 212(1)(a), 213, 214(1), and 215(1), replace “a specified Part”
with “Part 5”
.
(12)
In section 49, new section 214(1)(b), replace “the specified Part”
with “Part 5”
.
(13)
In section 49, new section 216, replace the new definition of infringement offence with:
infringement offence means an offence—
(a)
against—
(i)
a provision of the regulations; or
(ii)
any of section 147(1)(a) to (l); and
(b)
that regulations specify as being an infringement offence.
(14)
In section 49, new section 217(1)(b), replace “section 219”
with “section 179”
.
(15)
In section 49, new section 220(3), replace “section 217(1)(a) or (b)”
with “section 177(1)(a) or (b)”
.
(16)
In section 49, renumber new sections 205 to 224 as new sections 165 to 184.
16 Schedule 1 amended
(1)
Replace the Schedule 1 heading with:
Schedule 1 New Part 4 inserted into Schedule 1AA
s 50
(2)
In Schedule 1, renumber new Part 2 as Part 4.
(3)
In Schedule 1, renumber new clauses 4 and 5 as new clauses 11 and 12.
(4)
In Schedule 1, repeal new clause 6.
17 Schedule 2 amended
In Schedule 2, item relating to the Summary Proceedings Act 1957, definition of infringement notice, new paragraph (gb), replace “section 219”
with “section 179”
.
Subpart 2—Secondary legislation revoked
18 Secondary legislation revoked
The following secondary legislation is revoked:
(a)
Forests (Code of Ethics for Registered Forestry Advisers) Rules 2022 (SL 2022/260):
(b)
Forests (Regulation of Log Traders and Forestry Advisers) Exemption Notice 2023 (SL 2023/182):
(c)
Forests (Regulation of Log Traders and Forestry Advisers) Regulations 2022 (SL 2022/202):
(d)
the instrument entitled “Partial waiver of fees and levies for certain classes of applicants for registration as and registered log traders and forestry advisers” made on 15 November 2022 under regulations 30 and 43 of the Forests (Regulation of Log Traders and Forestry Advisers) Regulations 2022.
Subpart 3—Consequential amendment
19 Principal Act
This subpart amends the Legislation Act 2019.
20 Schedule 4 amended
In Schedule 4, Part 1, repeal the item relating to section 63ZZI of the Forests Act 1949.
Schedule New Part 3 inserted into Schedule 1AA of Forests Act 1949
s 8
Part 3 Provisions relating to Forests (Log Traders and Forestry Advisers Repeal) Amendment Act 2024
6 Secretary must refund application fees and levies
The Secretary must take all reasonably practicable steps to refund the following as soon as is reasonably practicable after the commencement of the Forests (Log Traders and Forestry Advisers Repeal) Amendment Act 2024:
(a)
any application fees (inclusive of goods and services tax) paid by any person under section 63P or 63S:
(b)
any levy (inclusive of goods and services tax) collected by the Secretary under Part 5 of the Forests (Regulation of Log Traders and Forestry Advisers) Regulations 2022.
7 Waiver of unpaid fees and levies
(1)
This clause applies to—
(a)
any unpaid application fee required under section 63P or 63S; and
(b)
any uncollected levy under Part 5 of the Forests (Regulation of Log Traders and Forestry Advisers) Regulations 2022.
(2)
The fee or levy is waived.
8 Unresolved complaints and reviews extinguished
The following are extinguished:
(a)
any unresolved reviews under section 63Z:
(b)
any unresolved complaints made under section 63ZI.
9 Notices issued by Forestry Authority
(1)
This clause applies to registered log traders or registered forestry advisers who have received notices issued by the Forestry Authority under section 63G(1) or 63W.
(2)
The registered person does not need to comply with the notice.
10 Commercial disputes
(1)
This clause applies to commercial disputes referred to dispute resolution under section 63ZJ.
(2)
Parties to an existing dispute do not need to continue to comply with the procedure in clause 28 of the Forests (Regulation of Log Traders and Forestry Advisers) Regulations 2022.
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Forests (Log Traders and Forestry Advisers Repeal) Amendment Bill
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