Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698845833481.pdf (New Zealand)
Reprint as at 1 October 2008 Conservation Act 1987 Public Act Date of assent 1987 No 65 31 March 1987 Title Contents Part 1 Preliminary 1 2 3 4 Short Title and commencement Interpretation Act to bind the Crown Act to give effect to Treaty of Waitangi Page 9 10 10 24 24 Note Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.
A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.
This Act is administered in the Department of Conservation 1 Conservation Act 1987 Reprinted as at 1 October 2008 Part 2 Establishment and functions of Department of Conservation 5 6 Department of Conservation Functions of Department Part 2A New Zealand Conservation Authority and Conservation Boards New Zealand Conservation Authority 6A 6B 6C 6D 6E 6F 6G 6H 6I 6J 6K New Zealand Conservation Authority established Functions of Authority Powers of Authority Membership Annual report Term of ofﬁce of members of Authority Chairperson of Authority Meetings of Authority Director­General entitled to attend meetings of Authority Servicing of Authority Fees and travelling expenses of members of Authority Conservation Boards Conservation Boards established Functions of Boards Powers of Boards Annual report Membership of Conservation Boards Co­opted members Term of ofﬁce of members of Boards Chairpersons of Boards Meetings of Boards Director­General entitled to attend meetings of Boards Servicing of Boards 6L 6M 6N 6O 6P 6Q 6R 6S 6T 6U 6V 6W Fees and travelling expenses of members of Boards Part 2B Guardians of Lakes Manapouri, Monowai, and Te Anau 25 25 26 26 28 28 30 30 31 31 32 32 32 33 33 34 34 35 37 37 38 39 39 40 40 6X Guardians of Lakes Manapouri, Monowai, and Te Anau 40 2 Reprinted as at 1 October 2008 Conservation Act 1987 Part 3 Conservation areas 16A 17 Land may be acquired and held for conservation purposes Conservation area may become reserve, national park, etc Policy statements for
 conservation areas [Repealed] Management plans [Repealed] Procedure for preparing and amending management plans [Repealed] Effect of management plans [Repealed] Conservation areas may be closed Conditions on the issuing of leases and licences, and disposal of conservation areas [Repealed] Creation of easements [Repealed] Disposal of conservation areas Exchanges of stewardship areas Access to conservation areas Part 3A Management planning 17G 17A 17B 17C 17D 17E 17F Conservation areas to be managed by
 Department General policy General policy under more than one Act Conservation management strategies Conservation management plans Procedure for preparation and approval of conservation management strategies Procedure for preparation and approval of conservation management plans Reviews of conservation management strategies and conservation management plans Amendments to conservation management strategies and conservation management plans Freshwater ﬁsheries management plans Procedure for preparation, approval, review, and amendment of freshwater ﬁsheries management plans 17L Sports ﬁsh and game management plans 17M Procedure for preparation, approval, review, and 17J 17K 17H 17I 17N amendment of sports ﬁsh and game management plans Effect of general policies, conservation management strategies, and management plans 42 42 43 43 43 43 43 44 45 45 45 46 47 48 51 51 52 54 57 58 59 60 61 64 64 67 3 Conservation Act 1987 Reprinted as at 1 October 2008 Part 3B Concessions Application Relationship with the Resource Management Act 1991 Powers to grant concessions Applications for leases, licences, etc Contents of application Process for complete application 17O 17P 17Q 17R 17S 17T 17U Matters to be considered by Minister 17V Limitations on concessions and leases over marginal strips 17W Relationship between concessions and conservation management strategies and plans Power of Minister to impose and enforce conditions 17X Rents, fees, and royalties 17Y 17Z Term of
 concession 17ZA Registration of easements 17ZB Accounts 17ZC Changing conditions 17ZD Failure to execute or exercise concession document 17ZE Transfers, subleases, and mortgages 17ZF Aircraft 17ZG Management activities 17ZH Powers of Minister where services are provided by the Minister or the Director­General 17ZI Records 17ZJ Reconsideration of decisions Part 4 Specially protected areas 18 Minister may confer additional speciﬁc protection or preservation requirements Conservation parks Wilderness areas Ecological
 areas Sanctuary areas Watercourse areas Amenity areas 23A 23B Wildlife management areas Part 4A Marginal strips Marginal strips reserved Reprinted as at 1 October 2008 Conservation Act 1987 Power to reduce width of marginal strip 24A 24AA Power to increase width of marginal strip 24B Power to declare certain dispositions to be exempt from section 24 24BA Notiﬁcation of intention to reduce marginal strip or to 24C 24D 24E 24F grant exemption Purposes of marginal strips Reservation of marginal strips to be recorded Exchange of marginal strips Right of Crown to half of bed of river adjoining former land of the Crown Effect of change to boundary of marginal strips 24G 24H Management of marginal strips Easements [Repealed] 24I Resumption of marginal strips by Crown 24J Provisions applying in relation to land vested under New 24K Zealand Railways Corporation Restructuring Act 1990 Public access rights 24L Part 5 Stewardship areas 25 26 Management of stewardship areas Disposal of stewardship areas Part 5A Sports ﬁsh and game councils Functions of Minister 26A Functions of Minister New Zealand Fish and Game Council Co­opted members Powers of New Zealand Fish and Game Council New Zealand Fish and Game Council established Functions of New Zealand Fish and Game Council 26B 26C 26D Membership 26DA Members not personally liable 26E 26F 26FA Appointment of ﬁsh and
 game rangers 26FB Powers of ﬁsh and game rangers 26FC Provisions relating to Director and ﬁsh and game rangers 26G 26H 26I 26J Employment principles Crown entity Annual report Chairperson of New Zealand Fish and Game Council Conservation Act 1987 Reprinted as at 1 October 2008 26K Meetings of New Zealand Fish and Game Council 26L Director­General entitled to attend meetings of New Zealand Fish
 and Game Council 26M No remuneration payable to members Transitional Councils 26N 26O Transitional Councils Functions and powers of Transitional Councils Fish and Game Councils Co­opted members Fish and Game Councils established Functions of Fish and Game Councils Fish and Game Council responsibilities Powers of Fish and Game Councils Appointment of staff 26P 26Q 26R 26S 26T 26U Membership 26V 26W Crown entity Annual report 26X Eligibility to vote 26Y Conduct of elections 26Z 26ZA Term of ofﬁce of members of Fish and Game Councils 26ZB Members not personally liable 26ZC Chairpersons of Fish and Game Councils 26ZD Meetings of Fish and Game Councils 26ZE Director­General entitled to attend meetings of Fish and Game Councils 26ZF No remuneration payable to members Part 5B Freshwater ﬁsheries 26ZG Application of Part 26ZH Maori ﬁshing rights unaffected by this Part Maori ﬁshing rights Sports ﬁsheries Taking sports ﬁsh without licence prohibited 26ZI 26ZJ Offences relating to spawning ﬁsh 26ZJA Sports ﬁshing guides [Not­in­force] 26ZJB Use of gaffs prohibited [Not­in­force] 26ZK Fishing competitions relating to sports ﬁsh 26ZL Restrictions on ﬁshing Reprinted as at 1 October 2008 Conservation Act 1987 26ZM Transfer or release of live aquatic life 26ZN Fishing rights not to be sold or let 26ZO Occupier may ﬁsh without licence Miscellaneous provisions
 26ZP Determination of closed seasons for ﬁshing 26ZQ Buying, selling, or possessing ﬁsh, contrary to Act 26ZQA Possessing certain kinds of ﬁsh without approval 26ZR Using hazardous substances to catch or destroy ﬁsh Part 5C Control of dogs 26ZS Controlled dog areas and open dog areas 26ZT Areas excluded from open dog areas 26ZU Matters that may be included in declarations of controlled dog areas or open dog areas 26ZV Matters about which Minister must be satisﬁed 26ZW Matters to be taken into account in
 relation to declaration 26ZX Matters relevant to determination of conditions 26ZY Preparation of discussion document 26ZZ Notiﬁcation of discussion document 26ZZA Inspection of discussion document 26ZZB Submissions on discussion document 26ZZC Hearing of submissions 26ZZD Summary of submissions 26ZZE Recommendation of Director­General 26ZZF Issue of notice 26ZZG Restrictions on access to controlled dog area 26ZZH Dog control permits 26ZZI Requirements in relation to dog control permits 26ZZJ Power to amend or revoke dog control permit 26ZZK Persons authorised to take dogs into controlled dog area without dog control permit 26ZZL Seizure and destruction of dogs 26ZZM Disposal of seized dog 26ZZN Supply of information in relation to ownership of dogs 26ZZO Recovery of costs relating to dogs 26ZZP Offences 26ZZQ Dogs causing serious injury to protected wildlife 26ZZR Power of warranted ofﬁcer to request information 26ZZS No liability where dog wounded in attempt to destroy 26ZZT Limitation of liability for damage Conservation Act 1987 Reprinted as at 1 October 2008 Part 6 Miscellaneous Covenants Nga Whenua Rahui kawenata Resources other than land Management agreements Taking of plants Removal of shingle, etc [Repealed] Lessees, etc, may be required to make contributions [Repealed] Receipts Annual reports Local authority
 contributions Trespassing livestock Production of permit, etc, on demand Hunting, etc Other offences in respect of conservation areas Powers of warranted ofﬁcers Offences in respect of warranted ofﬁcers and ﬁsh and game rangers Protection of warranted ofﬁcers and others Proceedings for offences Evidence in proceedings Strict liability Penalties Offenders liable for loss or damage Forfeiture of property Information leading to conviction Regulations Special regulations relating to freshwater ﬁsheries Special
 regulations relating to South Island freshwater ﬁsheries Public notice and rights of objection Changes of status of land to be noted Errors of description in notices may be corrected Consent or approval may be conditional Part 7 Administration Director­General of Conservation Powers of Director­General Deputy Directors­General of Conservation 27 27A 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 43A 43B 44 45 46 47 48 48A 48B 49 50 50A Reprinted as at 1 October 2008 Conservation Act 1987 55 56 57 58 59 60 60A 60B 60C 60D 60E 60F 61 62 63 64 64A 64B 65 Other ofﬁcers and employees of Department Committees Delegation of powers by Minister Delegation of powers by Director­General Warranted ofﬁcers Purchase of land for administrative purposes Persons in respect of whose actions Director­General may recover costs, require royalties, etc Director­General may recover certain costs Indirect applications Royalties, etc, may be required in certain circumstances Payments Certiﬁcate of title in respect of conservation areas Part 8 Transitional, consequential amendments, and savings Certain former State forest land to become protected area on commencement of Act Certain land to be managed as if it is stewardship area Certain land may become protected area without public notiﬁcation Existing leases, licences, etc Agreed exchanges to
 proceed Powers under forestry and Crown leases, etc, exercisable by Minister or Director­General Amendments and savings Schedule 1 Other enactments administered by department Schedule 2 Enactments amended Schedule 3 Consequential amendments to regulations Schedule 4 Land that may be protected area 197 198 198 199 201 203 204 204 206 207 209 209 210 213 214 216 218 218 220 223 225 248 260 An Act to promote the conservation of New Zealand’s natural and historic resources, and for that purpose to establish a
 Department of Conservation 9 Part 1 s 1 Conservation Act 1987 Reprinted as at 1 October 2008 BE IT ENACTED by the Parliament of New Zealand as follows: Part 1 Preliminary Short Title and commencement This Act may be cited as the Conservation Act 1987.
This Act shall come into force on the 1st day of April 1987. this deﬁnition was inserted, as from 13 March 1996, by section Interpretation In this Act, unless the context otherwise requires,— Activity includes a trade, business, or occupation Activity: 2(4) Conservation Amendment Act 1996 (1996 No 1).
Aircraft has the same meaning as in the Civil Aviation Act 1990 Aircraft: The “Civil Aviation Act 1990” was substituted, as from 1 Sep­ tember 1990, for the repealed “Civil Aviation Act 1964” pursuant to section 101(1) Civil Aviation Act 1990 (1990 No 98).

See also section 103(2) of that Act as to the effect on the Civil Aviation Regulations.
Amend, in relation to any conservation management strategy, conservation management plan, freshwater ﬁsheries manage­ ment plan, or sports ﬁsh and game management plan, means any change that does not affect the objectives of the strategy or plan Amend: this deﬁnition was inserted, as from 10 April 1990, by section 3(1) Con­ servation Law Reform Act 1990 (1990 No 31).
Anglers Notice means a notice published in the Gazette by a Fish and Game Council under section 26R of this Act Anglers Notice: this deﬁnition was inserted, as from 13 March 1996, by section 2(3) Conservation Amendment Act 1996 (1996 No 1).
Animal means any member of the animal kingdom other than a human being Animal product means any part of any animal, or any dead animal or part of any dead animal; and includes the nest, excre­ ment, secretion, semen, egg, or foetus, of any animal or dead animal Aquatic life means any species of plant or animal life (except birds) that must, at any time of the life history of the species, 1 (1) (2) 2 (1) 10 Reprinted as at 1 October 2008 Conservation Act 1987 Part 1 s 2 inhabit freshwater; and includes any part of any such plant or animal Aquatic, Life: this deﬁnition was inserted, as from 10 April 1990, by section 3(1) Conservation Law Reform Act 1990 (1990 No 31).
Bed means— (a) In relation to any river, the space of land which the waters of the river cover at its fullest ﬂow without over­ topping the banks; and In relation to a lake, the space of land which the waters of the lake cover at its highest level without exceeding its physical margin: (b) Bed: this deﬁnition was inserted, as from 10 April 1990, by section 3(1) Con­ servation Law Reform Act 1990 (1990 No 31).
Certiﬁed aerodrome means an aerodrome licensed under the Civil Aviation Regulations 1953 or certiﬁcated under rules made under the Civil Aviation Act 1990 Certiﬁed aerodrome: this deﬁnition was inserted, as from 13 March 1996, by section 2(4) Conservation Amendment Act 1996 (1996 No 1).
Companion dog means a dog certiﬁed by the Top Dog Com­ panion Trust as being a companion dog or a dog under training as a companion dog Companion dog: this deﬁnition was inserted, as from 2 May 1996, by section 2(1) Conservation Amendment Act (No 2) 1996 (1996 No 14).
Concession or concession document— (a) Means— (i) (ii) A licence; or (iii) A permit; or (iv) An easement— granted under Part 3B of this Act; and Includes any activity authorised by the concession document: A lease; or (b) A lessee; or Concession: this deﬁnition was inserted, as from 13 March 1996, by section 2(4) Conservation Amendment Act 1996 (1996 No 1).
Concessionaire means a person who is— (a) (b) A licensee; or (c) (d) under Part 3B of this Act A permit holder; or The grantee of an easement— 11 Part 1 s 2 Conservation Act 1987 Reprinted as at 1 October 2008 Concessionaire: this deﬁnition was inserted, as from 13 March 1996, by section 2(4) Conservation Amendment Act 1996 (1996 No 1).
Conservation means the preservation and protection of nat­ ural and historic resources for the purpose of maintaining their intrinsic values, providing for their appreciation and recre­ ational enjoyment by the public, and safeguarding the options of future generations Conservation area means any land or foreshore that is— (a) Land or foreshore for the time being held under this Act for conservation purposes; or Land in respect of which an interest is held under this Act for conservation purposes: (b) Conservation Board or Board means a Conservation Board established under section 6L of this Act Conservation Board or Board: this deﬁnition was inserted, as from 10 April 1990, by section 3(1) Conservation Law Reform Act 1990 (1990 No 31).
Conservation management plan means a conservation management plan approved under section 14E of the Wildlife Act 1953, section 8 of the Marine Reserves Act 1971, section 40B of the Reserves Act 1977, section 3D of the Marine Mammals Protection Act 1978, or section 17G of this Act Conservation management plan: this deﬁnition was inserted, as from 10 April 1990, by section 3(1) Conservation Law Reform Act 1990 (1990 No 31).
Conservation management plan: this deﬁnition was amended, as from 27 Sep­ tember 2001, by section 3(a) Conservation Amendment Act 2001 (2001 No 59) by omitting the words “section 48 of the National Parks Act 1980,”.

Conservation management strategy means a conservation management strategy approved under section 17F of this Act Conservation management strategy: this deﬁnition was inserted, as from 10 April 1990, by section 3(1) Conservation Law Reform Act 1990 (1990 No 31).
Contaminant has the same meaning as it has in the Resource Management Act 1991 Contaminant: this deﬁnition was inserted, as from 13 March 1996, by section 2(3) Conservation Amendment Act 1996 (1996 No 1).

Controlled dog area means any area declared, by notice pub­ lished in the Gazette under section 26ZS of this Act, to be a controlled dog area Controlled dog area: this deﬁnition was inserted, as from 2 May 1996, by sec­ tion 2(1) Conservation Amendment Act (No 2) 1996 (1996 No 14).
Crown land has the same meaning as in the Land Act 1948 12 Reprinted as at 1 October 2008 Conservation Act 1987 Part 1 s 2 Day means a period of 24 hours beginning at midnight and ending with the following midnight Day: this deﬁnition was inserted, as from 2 May 1996, by section 2(1) Conser­ vation Amendment Act (No 2) 1996 (1996 No 14).
Department means the Department of Conservation Deputy Director­General means a Deputy Director­General of Conservation Director means the manager of the New Zealand Fish and Game Council Director: this deﬁnition was inserted, as from 25 November 1994, by section 2(1) Conservation Amendment Act 1994 (1994 No 108).
Director­General means the Director­General of Conserva­ tion District Anglers Notice[Repealed] District Anglers Notice: this deﬁnition was inserted, as from 10 April 1990, by section 3(1) Conservation Law Reform Act 1990 (1990 No 31).

District Anglers Notice: this deﬁnition was omitted, as from 13 March 1996, by section 2(1) Conservation Amendment Act 1996 (1996 No 1).
[Repealed] Effect has the same meaning as it has in the Resource Management Act 1991 Effect: this deﬁnition was inserted, as from 13 March 1996, by section 2(4) Con­ servation Amendment Act 1996 (1996 No 1).

Fish and Game Council means a Fish and Game Council es­ tablished under section 26P of this Act Fish and Game Council: this deﬁnition was inserted, as from 10 April 1990, by section 3(1) Conservation Law Reform Act 1990 (1990 No 31).
Fish and game ranger means a ﬁsh and game ranger ap­ pointed pursuant to section 26FA of this Act or deemed to be appointed under that section Fish and game ranger: this deﬁnition was inserted, as from 25 November 1994, by section 2(2) Conservation Amendment Act 1994 (1994 No 108).
Fishery means one or more stocks or parts of stocks or one or more species of freshwater ﬁsh or aquatic life that can be treated as a unit for the purposes of conservation or manage­ ment Fishery: 3(1) Conservation Law Reform Act 1990 (1990 No 31).
this deﬁnition was inserted, as from 10 April 1990, by section 13 Part 1 s 2 Conservation Act 1987 Reprinted as at 1 October 2008 Fishery Ofﬁcer means any ofﬁcer speciﬁed as such in section 76 of the Fisheries Act 1983 Fishery Ofﬁcer: this deﬁnition was inserted, as from 10 April 1990, by section 3(1) Conservation Law Reform Act 1990 (1990 No 31).
Fishing— (a) Means the catching, taking, or harvesting of freshwater (b) ﬁsh; and Includes— (i) Any other activity that may reasonably be ex­ pected to result in the catching, taking, or har­ vesting of freshwater ﬁsh: (ii) Any attempt to catch, take, or harvest freshwater ﬁsh: (iii) Any operation in support of, or in preparation for, any activity described in this deﬁnition: this deﬁnition was inserted, as from 10 April 1990, by section Fishing: 3(1) Conservation Law Reform Act 1990 (1990 No 31).
Foreshore means such parts of the bed, shore, or banks of a tidal water as are covered and uncovered by the ﬂow and ebb of the tide at mean spring tides Foreshore: this deﬁnition was substituted, as from 10 April 1990, by section 3(1) Conservation Law Reform Act 1990 (1990 No 31).
Former Act means the Land Act 1948 or the Forests Act 1949; and includes any enactment repealed by a former Act Freshwater means— (a) All waters of rivers, streams, lakes, ponds, lagoons, impoundments, canals, channels, water­ wetlands, courses, or other bodies of water whether naturally occurring or artiﬁcially made: (b) All waters of estuaries or coastal lagoons: (c) All other fresh or estuarine waters where freshwater ﬁsh indigenous to or introduced into New Zealand are found: (d) All waters in the mouth of every river or stream, and the mouth of every river and stream shall be deemed to include every outlet thereof and the seashore between those outlets and the waters of the sea or lying within a distance of 500 metres from any place where at low 14 Reprinted as at 1 October 2008 Conservation Act 1987 Part 1 s 2 tide the waters of a river or stream meet the waters of the sea: this deﬁnition was inserted, as from 10 April 1990, by section Freshwater: 3(1) Conservation Law Reform Act 1990 (1990 No 31).
Freshwater ﬁsh includes all species of ﬁnﬁsh of the Classes Agnatha and Osteichthyes, and all shellﬁsh of the Classes Mol­ lusca and Crustacea, that must, at any time in the life history of the species, inhabit fresh water; and includes any part thereof and such ﬁnﬁsh and shellﬁsh that seasonally migrate into or out of freshwater Freshwater ﬁsh: this deﬁnition was inserted, as from 10 April 1990, by section 3(1) Conservation Law Reform Act 1990 (1990 No 31).
Freshwater ﬁsheries management plan means a freshwater ﬁsheries management plan approved under section 17K of this Act Freshwater ﬁsheries management plan: this deﬁnition was inserted, as from 10 April 1990, by section 3(1) Conservation Law Reform Act 1990 (1990 No 31).

Game has the same meaning as in the Wildlife Act 1953 Game: this deﬁnition was inserted, as from 10 April 1990, by section 3(1) Con­ servation Law Reform Act 1990 (1990 No 31).
Game bird habitat stamp means a stamp in a form approved under section 19A of the Wildlife Act 1953 Game bird habitat stamp: this deﬁnition was inserted, as from 17 May 1993, by section 6 Wildlife Amendment Act 1993 (1993 No 39).

Game hunting guide has the same meaning as in the Wildlife Act 1953 Game hunting guide: this deﬁnition was inserted, as from 13 March 1996, by section 2(3) Conservation Amendment Act 1996 (1996 No 1).
Guide dog means a dog certiﬁed by the Royal New Zealand Foundation of the Blind as being a guide dog or a dog under training as a guide dog Guide dog: this deﬁnition was inserted, as from 2 May 1996, by section 2(1) Conservation Amendment Act (No 2) 1996 (1996 No 14).
Guide dog: this deﬁnition was amended, as from 30 April 2003, by section 28(1) Royal New Zealand Foundation of the Blind Act (2002 No 3(P)) by substituting the words “Royal New Zealand Foundation of the Blind” for the words “Royal New Zealand Foundation for the Blind”.

See clause 2 Royal New Zealand Foundation of the Blind Act Commencement Order 2003 (SR 2003/56).
15 Part 1 s 2 Conservation Act 1987 Reprinted as at 1 October 2008 Historic resource means a historic place within the meaning of the Historic Places Act 1993; and includes any interest in a historic resource Historic resource: the Historic Places Act 1993 has been substituted, as from 1 July 1993, for the repealed Historic Places Act 1980 by section 118(1) Historic Places Act 1993 (1993 No 38).
Hunting weapon means a weapon within the meaning of the Trespass Act 1980 Indigenous ﬁsh means any freshwater ﬁsh that is indigenous to New Zealand Indigenous ﬁsh: this deﬁnition was inserted, as from 10 April 1990, by section 3(1) Conservation Law Reform Act 1990 (1990 No 31).
Interest, in relation to any land, includes an estate in, and a right over or in respect of, the land; but does not include any right under or in respect of any covenant registered against land Lake means a body of fresh water whose bed has an area of 8 hectares or more and which is entirely or nearly surrounded by land Lake: this deﬁnition was inserted, as from 10 April 1990, by section 3(1) Con­ servation Law Reform Act 1990 (1990 No 31).
Lease— (a) Means— (i) A grant of an interest in land that— (A) Gives exclusive possession of the land; and (B) Makes provision for any activity on the land that the lessee is permitted to carry out: (ii) Any document purporting to be a lease (whether or not the document gives the lessee exclusive possession of the land concerned) and issued under any former Act: (iii) Any document purporting to be a lease (whether or not the document gives the lessee exclusive possession of the land concerned) and purport­ ing to be issued under this Act before the com­ mencement of section 2(2) of the Conservation Amendment Act 1996; but 16 Reprinted as at 1 October 2008 Conservation Act 1987 Part 1 s 2 (b) Does not include a licence referred to in paragraph (b)(ii) of the deﬁnition of the term licence;— and lessee has a corresponding meaning Lease: this deﬁnition was substituted, as from 1 July 1996, by section 2(2) Con­ servation Amendment Act 1996 (1996 No 1).
Licence— (a) Means— (i) A proﬁt a prendre or any other grant that gives a non­exclusive interest in land; or (b) (ii) A grant that makes provision for any activity on the land that the licensee is permitted to carry out; and Includes— (i) Any document purporting to be a licence (whether or not the licence gives an interest, or makes any provision, referred to in paragraph (a) of this deﬁnition) and issued under any for­ mer Act; and (ii) Any document purporting to be a licence and pur­ porting to grant an exclusive interest in land, and issued under any former Act or issued under this Act before the commencement of section 2(2) of the Conservation Amendment Act 1996; and (iii) Any document purporting to be a licence (whether or not the licence gives an interest, or makes any provision, referred to in paragraph (a) of this deﬁnition) and issued under this Act before the commencement of the said section 2(2);— and licensee has a corresponding meaning: this deﬁnition was substituted, as from 1 July 1996, by section Licence: 2(2) Conservation Amendment Act 1996 (1996 No 1).
Livestock means any ass, cattle, or other browsing animal (not being a deer or goat or a marine mammal, ﬁsh, or shell­ ﬁsh), horse, mule, sheep, or swine, of whatever age or sex and whether or not neutered; and includes any animal, of whatever age or sex and whether or not neutered, of a class declared to 17 Part 1 s 2 Conservation Act 1987 Reprinted as at 1 October 2008 be livestock for the purposes of this Act by the Governor­Gen­ eral by Order in Council Livestock: this deﬁnition was amended, as from 25 November 1994, by section 2(3) Conservation Amendment Act 1994 (1994 No 108) by omitting the words “deer” and “goat,” and inserting the words “a deer or goat or”.
Management plan[Repealed] Management plan: this deﬁnition was repealed, as from 27 September 2001, by section 3(b) Conservation Amendment Act 2001 (2001 No 59).

[Repealed] Manawhenua means customary authority exercised by an iwi or hapu or individual in an identiﬁed area Manawhenua: this deﬁnition was inserted, as from 24 March 1993, by section 2 Conservation Amendment Act 1993 (1993 No 9).
Maori has the same meaning as in Te Ture Whenua Maori Act 1993 Maori: “Te Ture Whenua Maori Act 1993” has been substituted, as from 1 July 1993, for the repealed “Maori Affairs Act 1993”.

Maori land has the same meaning as in Te Ture Whenua Maori Act 1993 Maori Land: this deﬁnition was inserted, as from 24 March 1993, by section 2 Conservation Amendment Act 1993 (1993 No 9).
Marginal strip means any strip of land reserved or deemed to be reserved by section 24 or section 24E(3) or section 24G of this Act for the purposes speciﬁed in section 24C of this Act; and includes any part of any such strip Marginal strip: this deﬁnition was substituted, as from 10 April 1990, by section 3(1) Conservation Law Reform Act 1990 (1990 No 31).
Minister means the Minister of Conservation Natural resources means— (a) (b) Plants and animals of all kinds; and The air, water, and soil in or on which any plant or animal lives or may live; and Landscape and landform; and (c) (d) Geological features; and (e) Systems of interacting living organisms, and their en­ vironment;— and includes any interest in a natural resource Nature conservation means the preservation and protection of the natural resources of New Zealand, having regard to their 18 Reprinted as at 1 October 2008 Conservation Act 1987 Part 1 s 2 intrinsic values and having special regard to indigenous ﬂora and fauna, natural eco­systems and landscape Nature conservation: this deﬁnition was inserted, as from 10 April 1990, by section 3(1) Conservation Law Reform Act 1990 (1990 No 31).
New Zealand Conservation Authority or Conservation Au­ thority or Authority means the New Zealand Conservation Authority established under section 6A of this Act New Zealand Conservation Authority, or Conservation Authority or Authority: this deﬁnition was inserted, as from 10 April 1990, by section 3(1) Conservation Law Reform Act 1990 (1990 No 31).
New Zealand Fish and Game Council means the New Zealand Fish and Game Council established under section 26B of this Act New Zealand Fish and Game Council: this deﬁnition was inserted, as from 10 April 1990, by section 3(1) Conservation Law Reform Act 1990 (1990 No 31).

Nga Whenua Rahui kawenata means an agreement entered into under section 27A of this Act Nga Whenua Rahui kawenata: this deﬁnition was inserted, as from 24 March 1993, by section 2 Conservation Amendment Act 1993 (1993 No 9).
Open dog area means any area declared, by notice published in the Gazette under section 26ZS of this Act, to be an open dog area Open dog area: this deﬁnition was inserted, as from 2 May 1996, by section 2(1) Conservation Amendment Act (No 2) 1996 (1996 No 14).

Operational work plan means an annual operational work plan having effect under section 26Q(3) of this Act Operational work plan: this deﬁnition was inserted, as from 10 April 1990, by section 3(1) Conservation Law Reform Act 1990 (1990 No 31).
Owner, in relation to any dog, means every person who— (a) (b) Has the dog in his or her possession, whether the dog is at large or in conﬁnement, otherwise than for a period not exceeding 72 hours for the purpose of preventing the dog causing injury, damage, or distress, or for the sole purpose of restoring a lost dog to its owner; or The parent or guardian of a person under the age of 16 years who— (i) Is the owner of the dog pursuant to paragraph (a) or paragraph (b) of this deﬁnition; and Owns the dog; or (c) 19 Part 1 s 2 Conservation Act 1987 Reprinted as at 1 October 2008 (ii) Is a member of the parent’s or guardian’s house­ hold living with and dependent on the parent or guardian;— but does not include any person who has seized or taken cus­ tody of the dog under this Act or the Animal Welfare Act 1999 or the National Parks Act 1980 or the Dog Control Act 1996 or any order made under the Dog Control Act 1996 or the Animal Welfare Act 1999 Owner: this deﬁnition was inserted, as from 2 May 1996, by section 2(1) Con­ servation Amendment Act (No 2) 1996 (1996 No 14).
Owner: this deﬁnition was amended, as from 1 January 2000, by section 194 Animal Welfare Act 1999 (1999 No 142) by substituting the words “Animal Welfare Act 1999” for the words “Animals Protection Act 1960”.
Permit in relation to Part 3B of this Act,— (a) Means a grant of rights to undertake an activity that does (b) not require an interest in land; and Includes any authorisation or licence granted before the date of commencement of this deﬁnition that granted similar rights; and— this deﬁnition was inserted, as from 13 March 1996, by section permit holder has a corresponding meaning Permit: 2(4) Conservation Amendment Act 1996 (1996 No 1).
Plant means any member of the plant kingdom; and includes any alga, bacterium, or fungus, and any part of or seed or spore from any plant Preservation, in relation to a resource, means the mainten­ ance, so far as is practicable, of its intrinsic values Private land means any land that— (a) Is Maori land within the meaning of Te Ture Whenua Maori Act 1993; or (b) Has been alienated from the Crown: Private land: “Te Ture Whenua Maori Act 1993” has been substituted, as from 1 July 1993, for the repealed “Maori Affairs Act 1993”.
Protected wildlife means— (a) Any animal for the time being absolutely protected pur­ suant to section 3 of the Wildlife Act 1953: (b) Any animal for the time being partially protected pur­ suant to section 5 of the Wildlife Act 1953, other than such an animal in circumstances in which that animal 20 Reprinted as at 1 October 2008 Conservation Act 1987 Part 1 s 2 (c) may be hunted or killed under the authority of subsec­ tion (2) of that section: Any animal that is a marine mammal within the mean­ ing of the Marine Mammals Protection Act 1978: Protected wildlife: this deﬁnition was inserted, as from 2 May 1996, by section 2(1) Conservation Amendment Act (No 2) 1996 (1996 No 14).
Protected wildlife vulnerable to dogs means— Any ﬂightless protected wildlife: (a) (b) Any limited­ﬂight protected wildlife: (c) Any protected wildlife that nests (including moulting or breeding), or roosts, upon or in close proximity to the ground: (d) Any protected wildlife that feeds upon or in close prox­ (e) imity to the ground: Any animal that is a marine mammal within the mean­ ing of the Marine Mammals Protection Act 1978: Protected wildlife vulnerable to dogs: this deﬁnition was inserted, as from 2 May 1996, by section 2(1) Conservation Amendment Act (No 2) 1996 (1996 No 14).
Protection, in relation to a resource, means its maintenance, so far as is practicable, in its current state; but includes— Its restoration to some former state; and (a) Its augmentation, enhancement, or expansion: (b) Review, in relation to any conservation management strat­ egy or management plan, means to consider all objectives and policies of those provisions under review and to approve a new strategy or plan, having regard to increased knowledge or changed circumstances; and, for the purposes of this def­ inition, an “objective” is a statement of intent from which a policy is derived Review: 3(1) Conservation Law Reform Act 1990 (1990 No 31).
Sale includes every method of disposition for valuable con­ sideration, including barter; and includes the disposition to an agent for sale on consignment; and also includes offering or attempting to sell, or receiving or having in possession for sale, or exposing for sale, or sending or delivering for sale, or causing or permitting to be sold, offered, or exposed for sale; this deﬁnition was inserted, as from 10 April 1990, by section 21 Part 1 s 2 Conservation Act 1987 Reprinted as at 1 October 2008 and also includes disposal by way of gambling; and “sell” and “sold” have corresponding meanings Sale: this deﬁnition was inserted, as from 10 April 1990, by section 3(1) Con­ servation Law Reform Act 1990 (1990 No 31).
this deﬁnition was inserted, as from 10 April 1990, by section Sale: this deﬁnition was amended, as from 1 July 2004, by section 374 Gam­ bling Act 2003 (2003 No 51) by substituting the word “gambling” for the words “rafﬂe, lottery, or other game of chance”.

See sections 376 and 377 of that Act for the savings and transitional provisions.

See clause 2(3) Gambling Act Commencement Order 2003 (SR 2003/384).
Ship means a ship, boat, hovercraft, raft, or vessel of any other description used, or designed to be used, in navigation Ship: this deﬁnition was substituted, as from 1 April 1987, by section 11(1) State­Owned Enterprises Amendment Act 1987 (1987 No 117).
Sports ﬁsh means every species of freshwater ﬁsh that the Governor­General may declare, by Order in Council, to be sports ﬁsh for the purposes of this Act; and any such Order in Council may be expressed to apply to freshwater ﬁsh in any speciﬁed freshwater or other waters Sports ﬁsh: 3(1) Conservation Law Reform Act 1990 (1990 No 31).
Sports ﬁsh and game management plan means a sports ﬁsh and game management plan approved under section 17M of this Act Sports ﬁsh and game management plan: this deﬁnition was inserted, as from 10 April 1990, by section 3(1) Conservation Law Reform Act 1990 (1990 No 31).
Sports ﬁshing guide means a person whose services are ac­ tively promoted or advertised for hire or reward with the ex­ press purpose of organising and assisting persons to ﬁsh for sports ﬁsh Sports ﬁshing guide: this deﬁnition was inserted, as from 13 March 1996, by section 2(3) Conservation Amendment Act 1996 (1996 No 1).
State forest land means land that— (a) Was, immediately before the commencement of this Act, State forest land within the meaning of the Forests Act 1949; and (b) Has not been vested in a State enterprise under the State­Owned Enterprises Act 1986; and Is not a conservation area: (c) Stewardship area means a conservation area that is not— (a) (b) A watercourse area; or A marginal strip; or 22 Reprinted as at 1 October 2008 Conservation Act 1987 Part 1 s 2 (c) (d) Land held under this Act for one or more of the purposes described in section 18(1) of this Act; or Land in respect of which an interest is held under this Act for one or more of the purposes described in section 18(1) of this Act: Taking— (a) (b) In relation to any plant, includes the breaking, cutting, destroying, digging up, gathering, plucking, pulling up, and removing, of the plant; and to take has a corres­ ponding meaning: In relation to any ﬁsh, means ﬁshing; and takes and to take have a corresponding meaning: this deﬁnition was substituted, as from 10 April 1990, by section Taking: 3(1) Conservation Law Reform Act 1990 (1990 No 31).
Taupo Fishery means the ﬁshery to which section 14 of the Maori Land Amendment and Maori Land Claims Adjustment Act 1926 relates Taupo Fishing: this deﬁnition was inserted, as from 10 April 1990, by section 3(1) Conservation Law Reform Act 1990 (1990 No 31).
Vehicle has the same meaning as in the Land Transport Act 1998; but includes any vehicle from which any wheels have been removed this deﬁnition was amended, as from 1 March 1999, by section Vehicle: 215(1) Land Transport Act 1998 (1998 No 110) by substituting the words “Land Transport Act 1998” for the words “Transport Act 1962”.
Warranted ofﬁcer means a person— (a) Who— (i) Is a warranted ofﬁcer appointed under section 59 of this Act; or Is a person deemed by section 59(2) or section 59(9) of this Act to be a warranted ofﬁcer for the purposes of this Act; and (ii) (b) Is acting on or in respect of any matter or thing aris­ ing, situated, or formerly situated in the district, area, or areas for which the person is appointed or is deemed to be a warranted ofﬁcer: Warranted ofﬁcer: this deﬁnition was substituted, as from 2 May 1996, by sec­ tion 2(2) Conservation Amendment Act (No 2) 1996 (1996 No 14).
Watercourse area means land for the time being declared to be such an area under section 23 of this Act 23 Part 1 s 3 Conservation Act 1987 Reprinted as at 1 October 2008 this deﬁnition was inserted, as from 13 March 1996, by section Wild animal has the same meaning as in section 2 of the Wild Animal Control Act 1977; but does not include any animal product derived from a wild animal Wildlife has the same meaning as it has in the Wildlife Act 1953 Wildlife: 2(3) Conservation Amendment Act 1996 (1996 No 1).
Working day means a day that is not a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, Labour Day, or a day during a period commencing on any Christmas Day and ending with the 15th day of the following January.

In this Act, unless the context otherwise requires, conserva­ tion park, ecological area, sanctuary area, or wilderness area, mean an area held for ecological, park, sanctuary, or wilderness purposes under section 18(1) of this Act.
For the purposes of this Act, the Governor­General may from time to time, by Order in Council, declare any species to be in­ cluded in or excluded from the deﬁnitions of the terms aquatic life, freshwater ﬁsh, or sports ﬁsh in subsection (1) of this section; and any such declaration may be expressed to apply to any species in any speciﬁed areas or waters, or generally throughout New Zealand.

Section 2(1) walkway: repealed, on 30 September 2008, by section 82 of the Walking Access Act 2008 (2008 No 101).
Subsection (3) was inserted, as from 10 April 1990, by section 3(2) Conserva­ tion Law Reform Act 1990 (1990 No 31).

Act to bind the Crown This Act binds the Crown.

Act to give effect to Treaty of Waitangi This Act shall so be interpreted and administered as to give effect to the principles of the Treaty of Waitangi.
(2) (3) 3 4 24 Reprinted as at 1 October 2008 Conservation Act 1987 Part 2 s 6 5 6 Part 2 Establishment and functions of Department of Conservation Department of Conservation There is hereby established a department of State to be known as the Department of Conservation, which shall be under the control of the Minister.
Functions of Department The functions of the Department are to administer this Act and the enactments speciﬁed in Schedule 1 to this Act, and, subject to this Act and those enactments and to the directions (if any) of the Minister,— (a) To manage for conservation purposes, all land, and all other natural and historic resources, for the time being held under this Act, and all other land and natural and historic resources whose owner agrees with the Minister that they should be managed by the Department: (ab) To preserve so far as is practicable all indigenous fresh­ water ﬁsheries, and protect recreational freshwater ﬁsh­ eries and freshwater ﬁsh habitats: To advocate the conservation of natural and historic re­ sources generally: To promote the beneﬁts to present and future genera­ tions of— (i) (b) (c) The conservation of natural and historic re­ sources generally and the natural and historic resources of New Zealand in particular; and The conservation of the natural and historic re­ sources of New Zealand’s sub­antarctic islands and, consistently with all relevant international agreements, of the Ross Dependency and Antarc­ tica generally; and International co­operation on matters relating to conservation: (ii) (iii) (d) To prepare, provide, disseminate, promote, and publi­ cise educational and promotional material relating to conservation: 25 Part 2A s 6A Conservation Act 1987 Reprinted as at 1 October 2008 (e) (f) (g) To the extent that the use of any natural or historic re­ source for recreation or tourism is not inconsistent with its conservation, to foster the use of natural and his­ toric resources for recreation, and to allow their use for tourism: To advise the Minister on matters relating to any of those functions or to conservation generally: Every other function conferred on it by any other enact­ ment.
Section 6(ab) was inserted, as from 10 April 1990, by section 4 Conservation Law Reform Act 1990 (1990 No 31).

Part 2A New Zealand Conservation Authority and Conservation Boards Part 2A, except sections 6A and 6L, was inserted, as from 10 April 1990, by section 5 Conservation Law Reform Act 1990 (1990 No 31).

New Zealand Conservation Authority 6A New Zealand Conservation Authority established There is hereby established an authority to be called the New Zealand Conservation Authority.
This Part, except sections 6A and 6L, was inserted, as from 10 April 1990, by section 5 Conservation Law Reform Act 1990 (1990 No 31).

See section 47 of that Act for the transitional provisions.
Functions of Authority The functions of the Authority shall be— (a) To advise the Minister on statements of general policy the Marine prepared under the Wildlife Act 1953, Reserves Act 1971, the Reserves Act 1977, the Wild Animal Control Act 1977, the Marine Mammals Protection Act 1978, and this Act: To approve conservation management strategies and conservation management plans, and review and amend such strategies and plans, as required under the Wildlife Act 1953, the Marine Reserves Act 1971, the Reserves the Act 1977, the Wild Animal Control Act 1977, (b) 6B (1) 26 Reprinted as at 1 October 2008 Conservation Act 1987 Part 2A s 6B (c) (d) (e) (f) (g) (h) (i) (j) Marine Mammals Protection Act 1978, the National Parks Act 1980, and this Act: To review and report to the Minister or the Dir­ ector­General on the effectiveness of the Department’s administration of general policies prepared under the Wildlife Act 1953, the Marine Reserves Act 1971, the Reserves Act 1977, the Wild Animal Control Act 1977, the Marine Mammals Protection Act 1978, and this Act: To investigate any nature conservation or other conser­ vation matters the Authority considers are of national importance, and to advise the Minister or the Director­ General, as appropriate on such matters: To consider and make proposals for the change of status or classiﬁcation of areas of national and international importance: [Repealed] To encourage and participate in educational and publi­ city activities for the purposes of bringing about a better understanding of nature conservation in New Zealand: To advise the Minister and the Director­General annu­ ally on priorities for the expenditure of money: To liaise with the New Zealand Fish and Game Council: To exercise such powers and functions as may be dele­ gated to it by the Minister under this Act or any other Act.
(2) The Authority shall have such other functions as are conferred on it by or under this Act or any other Act.

This Part, except sections 6A and 6L, was inserted, as from 10 April 1990, by section 5 Conservation Law Reform Act 1990 (1990 No 31).

Section 6B(1)(a): amended, on 30 September 2008, by section 82 of the Walk­ ing Access Act 2008 (2008 No 101).

Section 6B(1)(b): amended, on 30 September 2008, by section 82 of the Walk­ ing Access Act 2008 (2008 No 101).
Section 6B(1)(c): amended, on 30 September 2008, by section 82 of the Walk­ ing Access Act 2008 (2008 No 101).

Section 6B(1)(f): repealed, on 30 September 2008, by section 82 of the Walking Access Act 2008 (2008 No 101).

27 Part 2A s 6C Conservation Act 1987 Reprinted as at 1 October 2008 6C Powers of Authority (1) The Authority shall have all such powers as are reasonably necessary or expedient to enable it to carry out its functions.
(2) Without limiting the generality of subsection (1) of this sec­ tion, the Authority may— (a) Establish committees of members and other suitable persons, and delegate to them any of its powers and functions: Release for public information, in such form as it thinks ﬁt, any recommendation, report, or advice made or given by the Authority to the Minister or the Dir­ ector­General: Advocate the interests of the Authority at any public forum or in any statutory planning process.
(b) (c) (3) In exercising powers other than advocacy or investigative powers, the Authority shall have regard to any views ex­ pressed in writing by the Minister and addressed to the Authority.

(5) (4) Notwithstanding subsection (2)(b) of this section, the Author­ ity shall not release its annual report for public information until it has been laid before the House of Representatives.
The power conferred by subsection (2)(c) of this section shall include the right to appear before courts and tribunals in New Zealand and be heard on matters affecting or relating to the Authority’s functions.

This Part, except sections 6A and 6L, was inserted, as from 10 April 1990, by section 5 Conservation Law Reform Act 1990 (1990 No 31).
6D Membership (1) The members of the Authority shall be appointed by the Minis­ ter having regard to the interests of conservation, natural earth and marine sciences, and recreation, and the Authority shall consist of— (a) Two persons appointed after consultation with the Min­ ister of Maori Affairs: Two persons appointed after consultation with the Min­ ister of Tourism: One person appointed after consultation with the Min­ ister of Local Government: (b) (c) 28 Reprinted as at 1 October 2008 Conservation Act 1987 Part 2A s 6D (ca) One person nominated by Te Runanga o Ngai Tahu (as established by section 6 of Te Runanga o Ngai Tahu Act 1996): (d) One person appointed on the recommendation of the (f) (e) Royal Society of New Zealand: One person appointed on the recommendation of the Royal Forest and Bird Protection Society of New Zealand Incorporated: One person appointed on the recommendation of the Federated Mountain Clubs of New Zealand Incorpor­ ated: Four persons appointed following public notice given in accordance with subsection (2) of this section.
Every notice required by subsection (1)(g) of this section shall— (a) (g) State the number of appointments intended to be made to the Authority: Call for nominations for membership of the Authority to be sent to the Minister: State a date, being not less than 28 days after the date of the ﬁrst publication of the notice, after which the Minister may decline to accept such nominations: Be published— (i) (ii) At least twice in a daily newspaper circulating in each of the cities of Auckland, Hamilton, Wel­ lington, Christchurch, and Dunedin; and In such other communications media and on such occasions as the Minister may direct.
Every appointment of a member of the Authority shall be made by notice published in the Gazette, and shall take effect from the date of such notice or such later date as may be speciﬁed in the notice.

(b) (c) (d) (2) (3) (4) No person employed by the Department shall be eligible for appointment as a member of the Authority.

This Part, except sections 6A and 6L, was inserted, as from 10 April 1990, by section 5 Conservation Law Reform Act 1990 (1990 No 31).
Subsection (1)(ca) was inserted, as from 1 October 1998, by section 272(1) Ngai Tahu Claims Settlement Act 1998 (1998 No 97).

See section 272(2) of that Act as to the person to be appointed pursuant to subsection (1)(c) having to be 29 Part 2A s 6E Conservation Act 1987 Reprinted as at 1 October 2008 appointed within 6 months after the settlement date.

See clause 2 Ngai Tahu Claims Settlement Act Commencement Order 1998 (SR 1998/295).
Subsection (2)(d) was substituted, as from 7 May 1999, by section 2 Conserva­ tion Amendment Act 1999 (1999 No 30).

6E Annual report (1) The Authority shall in each year make a report to the Minister on the exercise of its powers and functions.

(2) A copy of the annual report shall be laid by the Minister before the House of Representatives as soon as practicable after it has been received by that Minister.
This Part, except sections 6A and 6L, was inserted, as from 10 April 1990, by section 5 Conservation Law Reform Act 1990 (1990 No 31).

6F (1) Term of ofﬁce of members of Authority Subject to subsection (2) to (5) of this section, every member of the Authority shall hold ofﬁce for such term, not exceeding 3 years, as the Minister shall specify in the notice of appoint­ ment, and may from time to time be reappointed.
(2) Any member of the Authority may at any time be removed from ofﬁce by the Minister for bankruptcy, inability to perform the functions of the ofﬁce, neglect of duty, or misconduct.

(3) Any member of the Authority may at any time resign his or her ofﬁce by writing addressed to the Minister.
If any member of the Authority appointed under any of para­ graphs (a) to (f) of section 6D(1) dies, resigns, or is removed from ofﬁce, the Minister must ﬁll the vacancy so created in the manner in which the appointment to the vacant ofﬁce was originally made.
If any member of the Authority appointed under paragraph (g) of section 6D(1) dies, resigns, or is removed from ofﬁce, the Minister must ﬁll the vacancy so created either— (a) In the manner in which the appointment to the vacant ofﬁce was originally made; or By appointing, in accordance with section 6D(3), a per­ son selected from the nominations received in response to the most recent call for nominations under section 6D(2).
(b) (4) (4A) 30 Reprinted as at 1 October 2008 Conservation Act 1987 Part 2A s 6H (4B) A person appointed to be a member of the Authority under subsection (4) or subsection (4A) holds ofﬁce for the residue of the term for which the vacating member was appointed.
(5) Unless a member sooner dies, resigns, or is removed from of­ ﬁce, every member of the Authority shall continue in ofﬁce until that member’s successor comes into ofﬁce, notwithstand­ ing that the term for which that member was appointed may have expired.

This Part, except sections 6A and 6L, was inserted, as from 10 April 1990, by section 5 Conservation Law Reform Act 1990 (1990 No 31).
Subsection (2) was amended, as from 1 January 2002, by section 70(1) Human Rights Amendment Act 2001 (2001 No 96), by substituting the words “inability to perform the functions of the ofﬁce” for the word “disability”.

Subsection (4) was substituted, and subsections (4A) and (4B) were inserted, as from 7 May 1999, by section 3 Conservation Amendment Act 1999 (1999 No 30).
6G Chairperson of Authority (1) The Minister shall, by the notice appointing the members of the Authority or by a subsequent notice published in the Gazette, appoint one of the members to be Chairperson of the Authority for the term of that member’s appointment or for such lesser period as the Minister thinks ﬁt.

The Chairperson shall preside at all meetings of the Authority at which he or she is present.
If the Chairperson is absent from any meeting of the Authority, the members present shall appoint one of their number to be the Chairperson of that meeting.

This Part, except sections 6A and 6L, was inserted, as from 10 April 1990, by section 5 Conservation Law Reform Act 1990 (1990 No 31).

(2) (3) 6H Meetings of Authority (1) Meetings of the Authority shall be held at such times and places as the Authority or the Chairperson from time to time appoints.
(2) A special meeting shall be called by the Chairperson whenever 3 or more members so request in writing.

(3) At any meeting of the Authority, a majority of the members in ofﬁce shall form a quorum, and no business shall be transacted at any meeting unless such a quorum is present.
31 Part 2A s 6I Conservation Act 1987 Reprinted as at 1 October 2008 (4) Every question before any meeting of the Authority shall be determined by a majority of the members present and voting on the question, and proper minutes shall be kept of proceed­ ings.

(6) (5) At any meeting of the Authority, the Chairperson of that meet­ ing shall have a deliberative vote and, in the case of an equality of votes, shall also have a casting vote.
The powers of the Authority shall not be affected by any va­ cancy in its membership, nor shall the proceedings of the Au­ thority be invalidated merely because of the subsequent dis­ covery that some defect existed in the appointment of any member.

Subject to the provisions of this Act, the Authority may regu­ late its procedure in such manner as it thinks ﬁt.

This Part, except sections 6A and 6L, was inserted, as from 10 April 1990, by section 5 Conservation Law Reform Act 1990 (1990 No 31).
(7) 6I 6J Director­General entitled to attend meetings of Authority Notice in writing of every meeting of the Authority and of the business proposed to be transacted at that meeting shall be given to the Director­General, and the Director­General or the Director­General’s nominee shall be entitled to attend and speak at any such meeting, but shall not be entitled to vote on any question.
This Part, except sections 6A and 6L, was inserted, as from 10 April 1990, by section 5 Conservation Law Reform Act 1990 (1990 No 31).

Servicing of Authority The Authority shall be serviced by the Department in such manner as the Minister may from time to time direct.

This Part, except sections 6A and 6L, was inserted, as from 10 April 1990, by section 5 Conservation Law Reform Act 1990 (1990 No 31).

See section 47 of that Act for the transitional provisions.
6K Fees and travelling expenses of members of Authority (1) The Authority is hereby declared to be a statutory Board within the meaning of the Fees and Travelling Allowances Act 1951.
There shall be paid to members of the Authority, out of money appropriated by Parliament for the purpose, remuneration (2) 32 Reprinted as at 1 October 2008 Conservation Act 1987 Part 2A s 6M by way of fees, or allowances, and travelling allowances and expenses, in accordance with the Fees and Travelling Allowances Act 1951, and the provisions of that Act shall apply accordingly.
This Part, except sections 6A and 6L, was inserted, as from 10 April 1990, by section 5 Conservation Law Reform Act 1990 (1990 No 31).

Conservation Boards 6L Conservation Boards established (1) (2) (3) The Minister shall, by notice in the Gazette, establish not more than 19 Conservation Boards.

The Minister shall give each Conservation Board a distinctive name corresponding to the general area in respect of which it is to have jurisdiction.
The area under the jurisdiction of each Conservation Board shall be as determined from time to time by the Minister.

This Part, except sections 6A and 6L, was inserted, as from 10 April 1990, by section 5 Conservation Law Reform Act 1990 (1990 No 31).

See section 47 of that Act for the transitional provisions.
6M Functions of Boards (1) The functions of each Board shall be— (a) (b) (c) (d) To recommend the approval by the Conservation Au­ thority of conservation management strategies, and the review and amendment of such strategies, under the relevant enactments: To approve conservation management plans, and the re­ view and amendment of such plans, under the relevant enactments: To advise the Conservation Authority and the Director­ General on the implementation of conservation man­ agement strategies and conservation management plans for areas within the jurisdiction of the Board: To advise the Conservation Authority or the Director­ General— (i) On any proposed change of status or classiﬁca­ tion of any area of national or international im­ portance; and 33 Part 2A s 6N Conservation Act 1987 Reprinted as at 1 October 2008 (e) (f) (g) (ii) On any other conservation matter relating to any area within the jurisdiction of the Board: [Repealed] To liaise with any Fish and Game Council on matters within the jurisdiction of the Board: To exercise such powers and functions as may be dele­ gated to it by the Minister under this Act or any other Act.
(2) Every Board shall have such other functions as are conferred on it by or under this Act or any other Act.

This Part, except sections 6A and 6L, was inserted, as from 10 April 1990, by section 5 Conservation Law Reform Act 1990 (1990 No 31).

Section 6M(1)(e): repealed, on 30 September 2008, by section 82 of the Walk­ ing Access Act 2008 (2008 No 101).

6N Powers of Boards (1) Every Board shall have all such powers as are reasonably ne­ cessary or expedient to enable it to carry out its functions.
(2) Without limiting the generality of subsection (1) of this sec­ (3) tion, each Board may— (a) Advocate its interests at any public forum or in any statutory planning process; and (b) Appoint committees of members and other suitable per­ sons, and delegate to them functions and powers.

The power conferred by subsection (2)(a) of this section shall include the right to appear before courts and tribunals in New Zealand and be heard on matters affecting or relating to the Board’s functions.
This Part, except sections 6A and 6L, was inserted, as from 10 April 1990, by section 5 Conservation Law Reform Act 1990 (1990 No 31).

6O Annual report As soon as practicable after the 30th day of June in every year, every Board shall furnish the Conservation Authority with a report of its operations for the period of 12 months that ended on that day.

This Part, except sections 6A and 6L, was inserted, as from 10 April 1990, by section 5 Conservation Law Reform Act 1990 (1990 No 31).
34 Reprinted as at 1 October 2008 Conservation Act 1987 Part 2A s 6P 6P Membership of Conservation Boards (1) (2) (b) Every Board shall consist of not more than 12 members.
Except as provided in subsections (5), (6), (7), and (7A) of this section, the Minister shall appoint every member of a Board after giving public notice in accordance with subsection (4) of this section, and after consultation with the Conservation Au­ thority, and having regard to— (a) The particular features of land administered by the De­ partment in the area of the Board’s jurisdiction; and The interests of nature conservation, natural earth and marine sciences, recreation, tourism, and the local com­ munity including the tangata whenua of the area.
Before making any appointment representing the interests of the tangata whenua of an area, the Minister shall consult with the Minister of Maori Affairs about those interests.
Every notice required by subsection (2) of this section shall— State the number of appointments intended to be made (a) to the Board: Call for nominations for membership of the Board to be sent to the Minister: State a date, being not less than 28 days after the date of the ﬁrst publication of the notice, after which the Minister may decline to accept such nominations: Be published— (i) At least twice in a daily newspaper circulating in the area in which the Board will have jurisdic­ tion; and In such other communications media and on such occasions as the Minister may direct.
The Board whose area of jurisdiction includes the Tongariro National Park shall consist of— (a) (ii) (d) (b) (c) Not more than eleven persons appointed under subsec­ tion (2) of this section; and The paramount chief for the time being of the Ngati Tuwharetoa Tribe of the Maori race, if that chief is a lineal descendant of Te Heuheu Tukino, the donor on behalf of his associated Chiefs of the Tribe of certain Maori land included in the area of the park, or, if the paramount chief for the time being of that tribe is not (b) 35 (3) (4) (5) Part 2A s 6P Conservation Act 1987 Reprinted as at 1 October 2008 (6) (7) a lineal descendant of Te Heuheu Tukino, a lineal des­ cendant of Te Heuheu Tukino appointed by the Minister.
The Board whose area of jurisdiction includes the Egmont Na­ tional Park shall consist of— (a) Not more than eleven persons appointed under subsec­ tion (2) of this section; and (b) One person to be appointed by the Minister on the rec­ ommendation of the Taranaki Maori Trust Board.
The Board whose area of jurisdiction includes the Whanganui National Park shall consist of— (a) Not more than eleven persons appointed under subsec­ tion (2) of this section; and (b) One person appointed by the Minister on the recom­ mendation of the Whanganui River Maori Trust Board.
(7A) The Board whose area of jurisdiction includes most of the Waikato claim area within the meaning of section 7 of the Waikato Raupatu Claims Settlement Act 1995 shall consist of not more than 12 persons, being— (a) Not more than 11 persons appointed under subsection (2) of this section; and The person who for the time being is recognised as the Head of Kahui Ariki, or a person appointed by the Min­ ister on the nomination of the person so recognised.
(b) (b) (7B) A Board whose area of jurisdiction is wholly within the Ngai Tahu claim area, as deﬁned in section 8 of the Ngai Tahu Claims Settlement Act 1998, must consist of not more than 12 persons, being— (a) At least 2 persons appointed on the nomination of Te Runanga o Ngai Tahu (as established by section 6 of Te Runanga o Ngai Tahu Act 1996); and The remaining persons appointed under subsection (2).
(7C) A Board whose area of jurisdiction is partly within the Ngai Tahu claim area, as deﬁned in section 8 of the Ngai Tahu Claims Settlement Act 1998, must consist of not more than 12 persons, being— (a) At least 1 person appointed on the nomination of Te Runanga o Ngai Tahu (as established by section 6 of Te Runanga o Ngai Tahu Act 1996); and The remaining persons appointed under subsection (2).
(b) 36 Reprinted as at 1 October 2008 Conservation Act 1987 Part 2A s 6R (7D) Subsections (2) and (4) do not apply in respect of persons to (8) be appointed under subsections (7B)(a) and (7C)(a).

The appointment of any person by the Minister to be a member of a Board shall be made by notice published in the Gazette, and shall take effect from the date of such notice or such later date as may be speciﬁed in the notice.
(9) No person employed by the Department under the State Sector Act 1988 shall be eligible to be a member of any Board.

This Part, except sections 6A and 6L, was inserted, as from 10 April 1990, by section 5 Conservation Law Reform Act 1990 (1990 No 31).

Subsection (2) was amended, as from 1 September 1996, by section 25(2) Waikato Raupatu Claims Settlement Act 1995 (1995 No 58) by substi­ tuting the expression “(7), and (7A)” for the expression “and (7)”.
Subsection (4)(d) was substituted, as from 7 May 1999, by section 4 Conserva­ tion Amendment Act 1999 (1999 No 30).

Subsection (7A) was inserted, as from 1 September 1996, by section 25(2) Waikato Raupatu Claims Settlement Act 1995 (1995 No 58).

Subsections (7B) to (7D) were inserted, as from 1 October 1998, by section 273(1) Ngai Tahu Claims Settlement Act 1998 (1998 No 97).
See section 273(2) of that Act as to the persons to be appointed pursuant to subsection (7C)(a) having to be appointed not later than the close of 30 November 1999.

See clause 2 Ngai Tahu Claims Settlement Act Commencement Order 1998 (SR 1998/295).

6Q Co­opted members (1) Any Board may co­opt for such term as it thinks ﬁt any suitable person or persons to be a member or members of the Board.
(2) A co­opted member of a Board shall be entitled to attend and speak at any meeting of that Board, but shall not be entitled to vote on any question.

This Part, except sections 6A and 6L, was inserted, as from 10 April 1990, by section 5 Conservation Law Reform Act 1990 (1990 No 31).
6R Term of ofﬁce of members of Boards (1) Subject to subsections (2) to (5) of this section, every ap­ pointed member of a Board shall hold ofﬁce for such term, not exceeding 3 years, as the Minister shall specify in the notice of appointment, and may from time to time be reappointed.

(2) Any member of a Board may at any time be removed from ofﬁce by the Minister for bankruptcy, inability to perform the functions of the ofﬁce, neglect of duty, or misconduct.
37 Part 2A s 6S Conservation Act 1987 Reprinted as at 1 October 2008 (3) Any member of a Board may at any time resign his or her ofﬁce (4) (4A) by writing addressed to the Minister.

If any member of a Board appointed other than under section 6P(2) dies, resigns, or is removed from ofﬁce, the Minister must ﬁll the vacancy so created in the manner in which the appointment to the vacant ofﬁce was originally made.
If any member of a Board appointed under section 6P(2) dies, resigns, or is removed from ofﬁce, the Minister must ﬁll the vacancy so created either— (a) In the manner in which the appointment to the vacant ofﬁce was originally made; or By appointing, in accordance with section 6P(8), a per­ son selected from the nominations received in response to the most recent call for nominations under section 6P(4).
(b) (4B) A person appointed to be a member of a Board under subsec­ tion (4) or subsection (4A) holds ofﬁce for the residue of the term for which the vacating member was appointed.

(5) Unless a member sooner dies, resigns, or is removed from of­ ﬁce, every member of a Board shall continue in ofﬁce until that member’s successor comes into ofﬁce, notwithstanding that the term for which that member was appointed may have expired.
This Part, except sections 6A and 6L, was inserted, as from 10 April 1990, by section 5 Conservation Law Reform Act 1990 (1990 No 31).

Subsection (2) was amended, as from 1 January 2002, by section 70(1) Human Rights Amendment Act 2001 (2001 No 96), by substituting the words “inability to perform the functions of the ofﬁce” for the word “disability”.

Subsection (4) was substituted, and subsections (4A) and (4B) were inserted, as from 7 May 1999, by section 5 Conservation Amendment Act 1999 (1999 No 30).
Chairpersons of Boards The Minister shall, by the notice appointing the members of a Board, appoint one of its members to be the Chairperson of the Board for a term of one year, and thereafter the members shall from time to time elect one of their number to be the Chairperson for such period as they think ﬁt.

The Chairperson shall preside at all meetings of the Board at which he or she is present.
6S (1) (2) 38 Reprinted as at 1 October 2008 Conservation Act 1987 Part 2A s 6U (3) If the Chairperson is absent from any meeting, the members present shall appoint one of their number to be the Chairperson of that meeting.

This Part, except sections 6A and 6L, was inserted, as from 10 April 1990, by section 5 Conservation Law Reform Act 1990 (1990 No 31).
6T Meetings of Boards (1) The ﬁrst meeting of each Board shall be held at a time and place to be appointed by the Minister, and subsequent meet­ ings shall be held at such times and places as the Board or the Chairperson from time to time appoints.

(2) A special meeting shall be called by the Chairperson whenever 3 or more members so request in writing.
(3) At any meeting of a Board, a majority of the members in ofﬁce shall form a quorum and no business shall be transacted at any meeting unless such a quorum is present.

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

(4) (6) (5) At any meeting of a 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.
The powers of a Board shall not be affected by any vacancy in its membership, nor shall the proceedings of a Board be invalidated merely because of the subsequent discovery that some defect existed in the appointment of any member.

Subject to the provisions of this Act, each Board may regulate its procedure in such manner as it thinks ﬁt.

This Part, except sections 6A and 6L, was inserted, as from 10 April 1990, by section 5 Conservation Law Reform Act 1990 (1990 No 31).
(7) 6U Director­General entitled to attend meetings of Boards Notice in writing of every meeting of a Board and of the busi­ ness proposed to be transacted at that meeting shall be given to the Director­General, and the Director­General or the Dir­ ector­General’s nominee shall be entitled to attend and speak at any such meeting, but shall not be entitled to vote on any question.
39 Part 2A s 6V Conservation Act 1987 Reprinted as at 1 October 2008 This Part, except sections 6A and 6L, was inserted, as from 10 April 1990, by section 5 Conservation Law Reform Act 1990 (1990 No 31).

6V Servicing of Boards The Boards shall be serviced by the Department in such man­ ner as the Minister may from time to time direct.

This Part, except sections 6A and 6L, was inserted, as from 10 April 1990, by section 5 Conservation Law Reform Act 1990 (1990 No 31).
(2) 6W Fees and travelling expenses of members of Boards (1) Every Board is hereby declared to be a statutory Board within the meaning of the Fees and Travelling Allowances Act 1951.

There shall be paid to members of every Board, out of money appropriated by Parliament, remuneration by way of fees, salary, or allowances, and travelling allowances and expenses, in accordance with the Fees and Travelling Allowances Act 1951, and the provisions of that Act shall apply accordingly.
This Part, except sections 6A and 6L, was inserted, as from 10 April 1990, by section 5 Conservation Law Reform Act 1990 (1990 No 31).

Part 2B Guardians of Lakes Manapouri, Monowai, and Te Anau Part 2B, comprising section 6X, was inserted, as from 10 April 1990, by section 5 Conservation Law Reform Act 1990 (1990 No 31).
6X Guardians of Lakes Manapouri, Monowai, and Te Anau (1) The Minister may, on such terms and conditions as the Min­ ister may from time to time specify, appoint suitable persons to be the Guardians of Lakes Manapouri, Monowai, and Te Anau.

(2) (1A) The persons appointed to be Guardians must include at least 1 person nominated by Te Runanga o Ngai Tahu (as established by Te Runanga o Ngai Tahu Act 1996).
The functions of the Guardians shall be— (a) To make recommendations to the Minister on any mat­ ters arising from the environmental, ecological, and so­ cial effects of the operation of the Manapouri­Te Anau hydro electric power scheme on the townships of Man­ 40 Reprinted as at 1 October 2008 Conservation Act 1987 Part 2B s 6X apouri and Te Anau, Lakes Manapouri and Te Anau and their shorelines, and on the rivers ﬂowing in and out of those lakes, having particular regard to the effects of the operation on social values, conservation, recreation, tourism, and related activities and amenities: To make recommendations to the Minister on any matters arising from the environmental, ecological, and social effects of the operation of the Monowai Power Scheme on Lake Monowai, its shoreline, and on the rivers ﬂowing in and out of Lake Monowai, having particular regard to the effects of the operation on social values, conservation, recreation, tourism, and related activities and amenities: To make to the Minister, and to the Minister respon­ sible for the administration of the Manapouri­Te Anau Development Act 1963, recommendations on the oper­ ating guidelines for the levels of Lakes Manapouri and Te Anau, for the purposes of section 4A of that Act.
(b) (c) The Guardians shall in each year make a report to the Minister on their meetings and recommendations.

Except as otherwise expressly provided, every reference in any other Act to the Guardians of Lakes Manapouri and Te Anau shall be read as a reference to the Guardians appointed under subsection (1) of this section.

Section 6X was inserted, as from 10 April 1990, by section 5 Conservation Law Reform Act 1990 (1990 No 31).
Subsection (1) was amended, as from 23 December 1992, by section 45 Treaty of Waitangi (Fisheries Claims) Settlement Act 1992 (1992 No 121) by inserting the words “(who shall include representatives of Maori)”.

Subsection (1) was further amended, as from 1 October 1998, by section 274(1) Ngai Tahu Claims Settlement Act 1998 (1998 No 97) by omitting the words “(who shall include representatives of Maori)”.

See clause 2 Ngai Tahu Claims Settlement Act Commencement Order 1998 (SR 1998/295).
Subsection (1A) was inserted, as from 1 October 1998, by section 274(2) Ngai Tahu Claims Settlement Act 1998 (1998 No 97).

See section 274(3) of that Act as to the person to be appointed pursuant to subsection (1A) having to be appointed within 6 months after the settlement date.

See clause 2 Ngai Tahu Claims Settlement Act Commencement Order 1998 (SR 1998/295).
(3) (4) 41 Part 3 s 7 Conservation Act 1987 Reprinted as at 1 October 2008 Part 3 Conservation areas 7 (1) Land may be acquired and held for conservation purposes The Minister, and the Minister responsible for an agency or department of State that has control of any land or foreshore, may jointly, by notice in the Gazette describing it, declare that the land or foreshore is held for conservation purposes; and, subject to this Act, it shall thereafter be so held.
(1A) Notwithstanding subsection (1) of this section, in the case of any land or foreshore to which section 61 or section 62 of this Act applies, the Minister may, by notice in the Gazette describ­ ing it, declare that the land or foreshore is held for conservation purposes; and, subject to this Act, it shall thereafter be so held.

The Minister may, by agreement, acquire any interest in land for conservation purposes; and, subject to this Act, it shall thereafter be held for those purposes.
(2) (4) (3) Nothing in subsections (1) and (2) of this section applies in respect of land that is Crown forest land within the meaning of section 2 of the Crown Forest Assets Act 1989.

For the purposes of subsection (1) of this section, the Minister of Forestry shall be deemed to be the Minister responsible for a department of State that has control of State forest land that is not Crown forest land within the meaning of section 2 of the Crown Forest Assets Act 1989.
Subsection (1A) was inserted, as from 25 November 1994, by section 3 Con­ servation Amendment Act 1994 (1994 No 108).

Subsection (3) was substituted, and subsection (4) was inserted, as from 25 October 1989, by section 44(1) Crown Forest Assets Act 1989 (1989 No 99).
Conservation area may become reserve, national park, etc 8 (1) Nothing in this Act shall prevent any conservation area’s be­ coming a reserve, sanctuary, refuge, or national park under any enactment other than this Act administered by the Department.
(1A) The Minister may from time to time, by notice in the Gazette, declare any conservation area to be a reserve under the Reserves Act 1977 and to have a classiﬁcation under that Act, or to be included in any existing reserve under that Act, and may in like manner amend or revoke any such notice; and 42 Reprinted as at 1 October 2008 Conservation Act 1987 Part 3 s 13 every such declaration shall have effect as a reservation under that Act for the purposes speciﬁed in the notice.
(2) Upon becoming a reserve, sanctuary, refuge, or national park, a conservation area shall cease to be a conservation area, not­ withstanding that there has been no compliance with section 16 or section 26 of this Act.

(3) Upon the revocation of any notice given under subsection (1A) of this section, the land to which that notice related shall become a conservation area and have the same status as it had immediately before the commencement of that notice.
Subsection (1A) was inserted, as from 10 April 1990, by section 6(1) Conser­ vation Law Reform Act 1990 (1990 No 31).

Subsection (3) was inserted, as from 10 April 1990, by section 6(2) Conserva­ tion Law Reform Act 1990 (1990 No 31).

9 Policy statements for conservation areas [Repealed] Sections 9 to 12 were repealed, as from 10 April 1990, by section 13(2) Con­ servation Law Reform Act 1990 (1990 No 31).
10 Management plans [Repealed] Sections 9 to 12 were repealed, as from 10 April 1990, by section 13(2) Con­ servation Law Reform Act 1990 (1990 No 31).

11 12 Procedure for preparing and amending management plans [Repealed] Sections 9 to 12 were repealed, as from 10 April 1990, by section 13(2) Con­ servation Law Reform Act 1990 (1990 No 31).

Effect of management plans [Repealed] Sections 9 to 12 were repealed, as from 10 April 1990, by section 13(2) Con­ servation Law Reform Act 1990 (1990 No 31).
13 (1) Conservation areas may be closed The Minister may— 43 Part 3 s 14 Conservation Act 1987 Reprinted as at 1 October 2008 (a) (b) (c) If requested to do so under section 24H(7) of this Act or if any conservation management strategy or conserva­ tion management plan relating to any conservation area provides for its closure in whole or in part for conserva­ tion purposes, to public entry, close the area or any part of it to public entry in accordance with the strategy or plan; and To the extent only that the conservation of any natural or historic resource of a conservation area for which there is no conservation management strategy or conserva­ tion management plan requires the closure of the area to public entry, close the area to public entry; and For reasons of public safety or emergency close any conservation area to public entry;— and during the closure no person not authorised to do so by the Director­General shall remain on or enter the area.
For so long as a conservation area is closed under subsection (1) of this section, the Director­General shall take all reason­ able steps to ensure that members of the public are made aware of the closure and the reasons for it.

Subsection (1)(a) was substituted, as from 10 April 1990, by section 7(1) Con­ servation Law Reform Act 1990 (1990 No 31).
Subsection (1)(b) was amended, as from 10 April 1990, by section 7(2) Con­ servation Law Reform Act 1990 (1990 No 31) by substituting the words “for which there is no conservation management strategy or conservation manage­ ment plan” for the words “that has no management plan”.
Conditions on the issuing of leases and licences, and disposal of conservation areas [Repealed] Subsection (1)(b) was amended, as from 10 April 1990, by section 8(1) Con­ servation Law Reform Act 1990 (1990 No 31) by substituting the expression “60” for the expression “30”.

Subsection (1)(c) was substituted, as from 10 April 1990, by section 8(2) Con­ servation Law Reform Act 1990 (1990 No 31).
Subsection (1)(d) was amended, as from 10 April 1990, by section 8(3) Con­ servation Law Reform Act 1990 (1990 No 31) by substituting the words “con­ servation management strategy or conservation management plan for the area concerned” for the words “management plan of the area concerned”.

Subsections (4), (5) and (6) were inserted, as from 10 April 1990, by section 8(4) Conservation Law Reform Act 1990 (1990 No 31).
(2) 14 44 Reprinted as at 1 October 2008 Conservation Act 1987 Part 3 s 16A Sections 14 and 15 were repealed, as from 1 July 1996, by section 7(5)(a) Con­ servation Amendment Act 1996 (1996 No 1).

See section 47 of that Act as to the transitional provisions relating to existing leases.

15 Creation of easements [Repealed] Subsections (1A) and (1B) were inserted, as from 10 April 1990, by section 9(1) Conservation Law Reform Act 1990 (1990 No 31).
Subsection (3A) was inserted, as from 10 April 1990, by section 9(2) Conser­ vation Law Reform Act 1990 (1990 No 31).

Sections 14 and 15 were repealed, as from 1 July 1996, by section 7(5)(a) Con­ servation Amendment Act 1996 (1996 No 1).

See section 47 of that Act as to the transitional provisions relating to existing leases.
Disposal of conservation areas 16 (1) Notwithstanding anything in the State­Owned Enterprises Act 1986 but subject to the Public Works Act 1981, no conserva­ tion area or interest in a conservation area shall be disposed of except in accordance with this Act.

(2) Nothing in subsection (1) of this section restricts or prevents the granting under this Act of a lease, licence, or easement over any conservation area.
(3) Nothing in section 42 of the Public Works Act 1981 applies to the disposal of any conservation area or interest in a conserva­ tion area.

Subsection (1) was substituted, as from 10 April 1990, by section 10 Conserva­ tion Law Reform Act 1990 (1990 No 31).

Subsection (3) was inserted, as from 25 November 1994, by section 4 Conser­ vation Amendment Act 1994 (1994 No 108).
16A Exchanges of stewardship areas (1) Subject to subsections (2) and (3) of this section, the Minister may, by notice in the Gazette, authorise the exchange of any stewardship area or any part of any stewardship area for any other land.

The Minister shall not authorise any such exchange unless the Minister is satisﬁed, after consultation with the local Conser­ vation Board, that the exchange will enhance the conservation values of land managed by the Department and promote the purposes of this Act.
(2) 45 Part 3 s 17 Conservation Act 1987 Reprinted as at 1 October 2008 (4) (3) All land acquired by the Crown under this section shall be held for such conservation purposes as the Minister may specify in respect of that land by notice in the Gazette.
The Minister may authorise the payment or receipt by the Crown of money by way of equality of exchange in any case under this section; and all money so received shall be paid into the Department of Conservation Grants and Gifts Trust Account, and shall be applied, without further appropriation than this section, for the acquisition of land under this Act or the Reserves Act 1977 or the National Parks Act 1980.
The Minister or the Director­General may, on behalf of the Crown, do all such things as may be necessary to effect any exchange authorised under this section.

(5) (6) Upon the transfer of any stewardship area or any part of any stewardship area under this section, that land shall cease to be subject to this Act.

(7) Nothing in section 26 or section 49 of this Act shall apply to the exchange of land under this section.
(7A) Nothing in section 40 of the Public Works Act 1981 applies to the exchange of land under this section.

(8) District Land Registrars are hereby authorised and directed to make such entries in registers and do all such other things as may be necessary to give effect to exchanges authorised under this section.

Section 16A was inserted, as from 10 April 1990, by section 11 Conservation Law Reform Act 1990 (1990 No 31).
Subsection (7A) was inserted, as from 25 November 1994, by section 5 Con­ servation Amendment Act 1994 (1994 No 108).

17 (1) (2) Access to conservation areas Except as provided by or under this section, Part 3B, or section 38(1) of this Act, the entry to and use of conservation areas by the public shall be free of charge.

The Minister may impose a reasonable charge for the use of facilities (other than paths and tracks) that are provided by the Minister in or in respect of any conservation area.
(3) A concessionaire of any part of a conservation area may, to the extent that the relevant concession document so provides, 46 Reprinted as at 1 October 2008 Conservation Act 1987 Part 3A s 17A impose a reasonable charge for the use of any facilities in or in respect of that part of the area that are provided by the Minister or the concessionaire.
(4) Any person who, in accordance with any concession or other consent of the Minister or Director­General,— (a) Has erected any structure or facility in any conservation area; or (b) Uses any part of any conservation area for camping sites or for parking places for vehicles; or (c) Carries on any activity in any conservation area,— may, subject to the conservation management strategy or con­ servation management plan (if any) relating to the area and to the terms and conditions (if any) of the relevant concession document, impose a reasonable charge in respect of access to or use of any such structure, site, or place, or the carrying on or products of the activity concerned.
(5) Nothing in this section authorises any person to do anything on or in respect of any private land.

The original section 17 was inserted, as from 30 July 1988, by section 2(1) Conservation Amendment Act 1988 (1988 No 131).

The original subsection (2) was amended, as from 10 April 1990, by section 12(a) Conservation Law Reform Act 1990 (1990 No 31) by inserting the words “conservation management strategy or conservation”.
The original subsection (2) was further amended, as from 10 April 1990, by section 12(b) Conservation Law Reform Act 1990 (1990 No 31) by substituting the words “the strategy or plan” for the words “the plan.” In the original section 17, subsection (8) was amended, as from 10 April 1990, by section 12(c) Conservation Law Reform Act 1990 (1990 No 31) by inserting the words “conservation management strategy or conservation”.
Section 17 was substituted, as from 1 July 1996, by section 3(1) Conservation Amendment Act 1996 (1996 No 1).

Part 3A Management planning Part 3A, comprising sections 17A to 17N, was inserted, as from 10 April 1990, by section 13(1) Conservation Law Reform Act 1990 (1990 No 31).
17A Conservation areas to be managed by Department Subject to this Act, the Department shall administer and man­ age all conservation areas and natural and historic resources in accordance with— 47 Part 3A s 17B Conservation Act 1987 Reprinted as at 1 October 2008 (a) (b) Statements of general policy approved under section 17B or section 17C of this Act; and Conservation management strategies, conservation management plans, and freshwater ﬁsheries manage­ ment plans.
Part 3A, comprising sections 17A to 17N, was inserted, as from 10 April 1990, by section 13(1) Conservation Law Reform Act 1990 (1990 No 31).

17B General policy (1) The Minister may approve statements of general policy for the implementation of this Act, and for any conservation area or areas, or conservation areas of any class or description; and may from time to time amend or revoke any such statement in the light of changing circumstances or increased knowledge.
(2) Nothing in any such general policy shall derogate from any provision in this Act or any other Act.
The following provisions shall apply to the preparation and approval of such statements: (a) The Director­General may prepare draft statements of general policy, after consultation with— (i) (b) The New Zealand Fish and Game Council, in the case of sports ﬁsh and game policy; or The Conservation Authority, in any other case: (ii) The Director­General shall give notice by adver­ tisement published in daily newspapers circulating in the cities of Auckland, Hamilton, Wellington, Christchurch, and Dunedin of the availability of each proposed statement of policy, and every such notice shall— (i) State that the draft is available for inspection at the places and times speciﬁed in the notice; and Call upon persons or organisations interested to lodge with the Director­General written submis­ sions on the draft before the date speciﬁed in that behalf in the notice, being a date not less than 40 working days after the date of the publication of the notice: (ii) (c) The Director­General shall also give notice to the same effect to all regional councils within the meaning of the (3) 48 Reprinted as at 1 October 2008 Conservation Act 1987 Part 3A s 17B (f) (e) (d) Local Government Act 2002, and, so far as is practic­ able, to representatives of the appropriate iwi author­ ities: Before revising any such draft, the Director­General shall ensure that— (i) Copies of the draft are held by the Department and are available for public inspection during normal ofﬁce hours, in such places and quantities as are likely to encourage public participation in the development of the statement of policy; and (ii) Any proposed amendments are explained in a written statement available with the draft: The Director­General may give such further notice of any draft statement of policy as the Director­General thinks ﬁt: Any person or organisation may send to the Director­ General written submissions on any such draft before the date speciﬁed in that behalf in the relevant notice, being a date not less than 40 working days after the date of
 publication of the notice: The Director­General shall give any person or organ­ isation who or which, in making any submissions under paragraph (f) of this subsection, asked to be heard in support of his or her or its submissions a reasonable op­ portunity of appearing before the Director­General: The Director­General shall consult with such other per­ sons or organisations, and in such manner, as the Dir­ ector­General considers practicable and appropriate: The Director­General shall prepare a summary of the submissions received and public opinion made known on the draft: After considering the submissions and public opinion, the Director­General shall make such amendments to the draft as the Director­General considers appropriate and, subject to paragraph (k) of this subsection, send to the Conservation Authority the draft and the summary prepared under paragraph (i) of this subsection: (k) Where a draft statement of policy relates to the manage­ (h) (g) (j) (i) ment of sports ﬁsh and game, the Director­General— 49 Part 3A s 17B Conservation Act 1987 Reprinted as at 1 October 2008 (i) (ii) Shall send the draft to the New Zealand Fish and Game Council for comment; and Shall send to the Minister, the draft, the summary prepared under paragraph (i) of this subsection, and the comments of the New Zealand Fish and Game Council: The Conservation Authority— (i) Shall consider any draft and summary received from the Director­General under paragraph (j) of this subsection; and (l) (4) (ii) May consult any Conservation Board about the draft; and (iii) Shall send to the Minister the draft, the summary, and its own comments on the draft: (m) The Minister shall approve the draft or send it back to the Director­General for revision before approving it.
The Director­General may at any time prepare an amendment to any statement of general policy, and the following provi­ sions shall apply in any such case: (a) Where the proposed amendment does not materially af­ fect the objectives of the policy or the public interest, the Director­General shall send it to the Conservation Authority or the New Zealand Fish and Game Council, as the case may require, and it shall be dealt with under paragraphs (k) to (m) of subsection (3) of this section, which shall apply with any necessary modiﬁcations: In any other case, the proposed amendment shall be dealt with under paragraphs (a) to (m) of subsection (3) of this section, which shall apply with any neces­ sary modiﬁcations.
(b) (5) All statements of general policy approved under this Act be­ fore the commencement of this section shall be deemed to have been approved under subsection (3)(m) of this section.

Part 3A, comprising sections 17A to 17N, was inserted, as from 10 April 1990, by section 13(1) Conservation Law Reform Act 1990 (1990 No 31).
Subsection (3)(c) was amended, as from 1 July 2003, by section 262 Local Gov­ ernment Act 2002 (2002 No 84) by substituting the words “within the meaning of the Local Government Act 2002” for the words “constituted under the Local Government Act 1974”.

See sections 273 to 314 of that Act as to the savings and transitional provisions.
50 Reprinted as at 1 October 2008 Conservation Act 1987 Part 3A s 17D 17C General policy under more than one Act (1) The Director­General may from time to time prepare and rec­ ommend for approval by the Minister a general statement of policy for any area or areas of land or water, or for any nat­ ural or historic resources, managed by the Department for the purposes of the Wildlife Act 1953, the Marine Reserves Act 1971, the Reserves Act 1977, the Wild Animal Control Act 1977, the Marine Mammals Protection Act 1978, or this Act, or any of them.
(2) Where any part of any such statement of policy is subject to any of the Acts referred to in subsection (1) of this section, it may be approved only in accordance with the relevant ap­ proval procedures set out in that Act; and the relevant provi­ sions of that Act shall apply accordingly.

Part 3A, comprising sections 17A to 17N, was inserted, as from 10 April 1990, by section 13(1) Conservation Law Reform Act 1990 (1990 No 31).
Section 17C(1): amended, on 30 September 2008, by section 82 of the Walking Access Act 2008 (2008 No 101).
17D Conservation management strategies (1) The purpose of a conservation management strategy is to implement general policies and establish objectives for the integrated management of natural and historic resources, including any species, managed by the Department under the Wildlife Act 1953, the Marine Reserves Act 1971, the Reserves Act 1977, the Wild Animal Control Act 1977, the Marine Mammals Protection Act 1978, the National Parks Act 1980, the Hauraki Gulf Marine Park Act 2000 or this Act, or any of them, and for recreation, tourism, and other conservation purposes.
(2) Within 5 years after the commencement of this section, such conservation management strategies as may be necessary to establish such objectives for all areas managed by the Depart­ ment shall be prepared by the Director­General for approval by the Conservation Authority in accordance with section 17F of this Act.

Subject to this Act, the Director­General shall determine the boundaries of a conservation management strategy.
(4) Nothing in any conservation management strategy shall— (3) 51 Part 3A s 17E Conservation Act 1987 Reprinted as at 1 October 2008 (a) Derogate from any provision in this Act or any other Act; or (c) (b) Derogate from any general policy approved under any of the Acts referred to in subsection (1) of this section; or Affect any agreement or arrangement entered into under this Act or any other Act between the Minister and any land owner other than the Crown or between the Dir­ ector­General and any such land owner.
(5) A conservation management strategy may require the prepar­ ation of a conservation management plan under any Act spe­ ciﬁed in Schedule 1 to this Act other than the National Parks Act 1980.
(6) Any conservation management plan approved in respect of any conservation park or under the National Parks Act 1980 may be approved as a conservation management strategy by the Conservation Authority in accordance with paragraphs (m) to (p) of section 17F of this Act, as if it were a draft conservation management strategy.

(7) A conservation management strategy shall identify and de­ scribe all protected areas managed by the Department within the boundaries of the strategy.
(8) When preparing a conservation management strategy, the Dir­ ector­General shall have regard to any relevant concessions for the time being in force and to existing management plans under this Act or any Act speciﬁed in Schedule 1 to this Act.

Part 3A, comprising sections 17A to 17N, was inserted, as from 10 April 1990, by section 13(1) Conservation Law Reform Act 1990 (1990 No 31).

Section 17D(1): amended, on 30 September 2008, by section 82 of the Walking Access Act 2008 (2008 No 101).
Subsection (1) was amended, as from 27 February 2000, by section 49 Hauraki Gulf Marine Park Act 2000 (2000 No 1) by inserting the words “Hauraki Gulf Marine Park Act 2000”.

Subsection (8) was amended, as from 1 July 1996, by section 4 Conservation Amendment Act 1996 (1996 No 1) by inserting, after the words “have regard to”, the words “any relevant concessions for the time being in force and to”.
17E Conservation management plans (1) The purpose of a conservation management plan is to imple­ ment conservation management strategies and establish de­ 52 Reprinted as at 1 October 2008 Conservation Act 1987 Part 3A s 17E tailed objectives for the integrated management of natural and historic resources within any area or areas referred to in sub­ section (4) of this section, and for recreation, tourism, and other conservation purposes.
The Director­General shall prepare conservation management plans as required by the provisions of any conservation man­ agement strategy.

(2) (3) Where an area is not subject to a conservation management strategy, the Minister may require the preparation of a conser­ vation management plan for that area after consultation with the Boards affected; and the Director­General shall prepare such a plan if so required by the Minister.
(4) Any conservation management plan may relate to any area or areas managed by the Department under the Wildlife Act 1953, the Marine Reserves Act 1971, the Reserves Act 1977, the Marine Mammals Protection Act 1978, the Hauraki Gulf Marine Park Act 2000 or this Act.
(5) Nothing in any conservation management plan shall derogate from— (a) Any provision in this Act or any other Act; or (b) Any policy approved under this Act or any other Act in respect of the area to which the plan relates, or any part of that area; or Any provision in any conservation management strat­ egy.

(c) (7) (6) All management plans approved under this Act before the commencement of this section shall be deemed to have been approved under section 17G of this Act.
Every draft management plan that, immediately before the commencement of this Act, had been publicly notiﬁed by the Director­General but not approved by the Minister is hereby deemed to be a draft conservation management plan prepared under section 17G of this Act and may be approved accord­ ingly.

(8) Where it is proposed that a conservation management strat­ egy be amended to provide for a conservation management plan, section 17I(4) of this Act shall be deemed to apply to the amendment.
53 Part 3A s 17F Conservation Act 1987 Reprinted as at 1 October 2008 (9) When preparing a conservation management plan, the Dir­ ector­General shall have regard to any relevant concessions for the time being in force and to existing freshwater ﬁsh­ eries management plans and sports ﬁsh and game management plans under this Act.

Part 3A, comprising sections 17A to 17N, was inserted, as from 10 April 1990, by section 13(1) Conservation Law Reform Act 1990 (1990 No 31).
Subsection (4) was amended, as from 27 February 2000, by section 49 Hauraki Gulf Marine Park Act 2000 (2000 No 1) by inserting after the words “Mar­ ine Mammals Protection Act 1978” the words “Hauraki Gulf Marine Park Act 2000”.

Subsection (5)(c) was amended, as from 25 November 1994, by section 6 Con­ servation Amendment Act 1994 (1994 No 108) by substituting the word “con­ servation” for the word “regional”.
Subsection (9) was amended, as from 1 July 1996, by section 5 Conservation Amendment Act 1996 (1996 No 1) by inserting after the words “have regard to”, the words “any relevant concessions for the time being in force and to”.
17F Procedure for preparation and approval of conservation management strategies The following provisions shall apply to the preparation and approval of draft conservation management strategies: (a) Every draft shall be prepared by the Director­General in consultation with the Conservation Boards affected by it and such other persons or organisations, as the Director­ General considers practicable and appropriate, and then notiﬁed in accordance with section 49(1) of this Act and to the appropriate regional councils and territorial authorities within the meaning of the Local Government Act 2002 and to the appropriate iwi authorities, and that provision shall apply as if the notice were required to be given by the Minister: Every notice under paragraph (a) of this section shall— State that the draft strategy is available for in­ (i) spection at the places and times speciﬁed in the notice; and Call upon persons or organisations interested to lodge with the Director­General submissions on the draft before the date speciﬁed in that behalf in the notice, being a date not less than 40 work­ (ii) (b) 54 Reprinted as at 1 October 2008 Conservation Act 1987 Part 3A s 17F (c) (d) (e) (f) (g) (h) (i) (j) ing days after the date of the publication of the notice: Any person or organisation may make written submis­ sions to the Director­General on the draft at the place and before the date speciﬁed in that behalf in the no­ tice: The Director­General may, after consultation with the Conservation Boards affected, obtain public opinion of the draft by any other means from any person or organ­ isation: From the date of public notiﬁcation of a draft until pub­ lic opinion of it has been made known to the Director­ General, the draft shall be made available by the Dir­ ector­General for public inspection during normal ofﬁce hours, in such places and quantities as are likely to en­ courage public participation in the development of the proposal: The Director­General shall give every person or organ­ isation who or which, in making
 any submissions on the draft, asked to be heard in support of his or her or its sub­ missions a reasonable opportunity of appearing before a meeting of representatives of the Director­General and the Conservation Boards affected: Representatives of the Director­General and the Con­ servation Boards affected may hear submissions from any other person or organisations consulted on the draft: The Director­General shall prepare a summary of the submissions received on the draft and public opinion made known about it: After considering such submissions and public opin­ ion, the Director­General shall revise the draft and shall, subject to paragraph (j) of this section, send to the Con­ servation Boards affected the revised draft and the sum­ mary prepared under paragraph (h) of this section: The Director­General shall comply with paragraph (i) of this section before— (i) The expiration of 8 months after the date of pub­ lication of the notice given under paragraph (a) of this section; or 55 Part 3A s 17F Conservation Act 1987 Reprinted as at 1 October 2008 (ii) Such later date as may be ﬁxed in that behalf by the Minister: (k) On receipt of the draft and the summary, the Conser­ vation Boards affected shall consider those documents and then— (i) May request the Director­General to revise the (ii) draft; and Shall send the draft to the Authority for approval, together with a written statement of any matters of content on which the Director­General and the Boards are unable to agree and a copy of the summary prepared under paragraph (h) of this section: (l) The Conservation Boards affected shall send the draft received under paragraph (i) of this section to the Con­ servation Authority before— (i) The expiration of 6 months after the date of its referral to the Boards by the Director­General; or Such later date as may be ﬁxed in that behalf by the Minister: (ii) (m) The Conservation Authority shall consider the draft and all other information furnished with it and may
 consult such persons and organisations as it considers appropri­ ate, including the Director­General and the Conserva­ tion Boards affected: (o) (n) After such consideration, the Conservation Authority shall make such amendments as it considers necessary and send the draft and the other relevant information to the Minister: The Minister shall consider the draft and send it back to the Conservation Authority with any written recom­ mendations the Minister considers appropriate: (p) After having regard to any recommendations expressed in writing by the Minister, the Conservation Authority shall either— (i) (ii) Approve the draft; or Send back to the Minister for further consider­ ation the draft and any new information the Au­ 56 Reprinted as at 1 October 2008 Conservation Act 1987 Part 3A s 17G thority wishes the Minister to consider, before the Authority approves the draft.
Part 3A, comprising sections 17A to 17N, was inserted, as from 10 April 1990, by section 13(1) Conservation Law Reform Act 1990 (1990 No 31).

Paragraph (a) was amended, as from 1 July 2003, by section 262 Local Gov­ ernment Act 2002 (2002 No 84) by substituting the words “within the meaning of the Local Government Act 2002” for the words “constituted under the Local Government Act 1974”.

See sections 273 to 314 of that Act as to the savings and transitional provisions.
17G Procedure for preparation and approval of conservation (1) management plans The provisions of paragraphs (a) to (j) of section 17F of this Act shall apply to the preparation and approval of draft con­ servation management plans as if such draft plans were draft conservation management strategies.
(2) On receipt of the draft and the summary under the provisions referred to in subsection (1) of this section, the Conserva­ tion Boards affected shall consider those documents and then shall— (a) (b) (c) Approve the plan; or Request the Director­General to revise the plan; or Send the plan to the Conservation Authority for consid­ eration.
(3) The following provisions shall also apply to draft conservation management plans: (a) (b) (c) At any time before the Boards approve the draft, the Au­ thority or the Minister may require the Boards to send the draft to the Authority for approval: If a draft is sent to the Authority under paragraph (a) of this subsection, the Director­General shall be entitled to make to the Authority submissions on the draft: Every draft referred by the Director­General to Con­ servation Boards under the provisions referred to in subsection (1) of this section shall be approved by the Boards or sent to the Conservation Authority, as the case may require, before— (i) The expiration of 6 months after the date of its referral to the Boards by the Director­General; or 57 Part 3A s 17H Conservation Act 1987 Reprinted as at 1 October 2008 (ii) Such later date as may be ﬁxed in that behalf by the Minister: (f) (e) (d) Where the Boards send a draft to the Authority, the Boards shall also furnish the Authority with the sum­ mary prepared under subsection (1) of this section and a written statement of any matters of content on which the Director­General and the Boards are unable to agree: The Conservation Authority shall, in such a case, con­ sider the draft and all other information furnished with it and may consult such persons and organisations as it considers appropriate, including the Director­General and the Conservation Boards affected: After such consideration, the Conservation Authority shall make such amendments as it considers necessary and send the draft and the other relevant information to the Minister: The Minister shall consider the draft and send it back to the Conservation Authority with any written recom­ mendations the Minister considers appropriate: (h) After having regard to any recommendations expressed in writing by the Minister, the Conservation Authority shall either— (i) (ii) Approve the draft strategy or plan; or Send back to the Minister for further consider­ ation the draft and any new information the Au­ thority wishes the Minister to consider, before the Authority approves the draft.
(g) Part 3A, comprising sections 17A to 17N, was inserted, as from 10 April 1990, by section 13(1) Conservation Law Reform Act 1990 (1990 No 31).

17H Reviews of conservation management strategies and conservation management plans The Director­General, after consultation with the Conserva­ tion Boards affected, may at any time initiate a review of any conservation management strategy or conservation manage­ ment plan, or any part of any such strategy or plan.
Every review of a conservation management strategy under this section shall be carried out and approved in accordance (1) (2) 58 Reprinted as at 1 October 2008 Conservation Act 1987 Part 3A s 17I (3) (4) with the provisions of section 17F of this Act, which shall apply with any necessary modiﬁcations.
Every review of a conservation management plan under this section shall be carried out and approved in accordance with the provisions of section 17G of this section, which shall apply with any necessary modiﬁcations.
The following provisions shall also apply in relation to reviews under this section: (a) Any conservation management strategy or conservation management plan may be reviewed in whole or in part: (b) A conservation management strategy or conservation management plan shall be reviewed as a whole by the Director­General not later than 10 years after the date of its approval: In the case of a conservation management strategy, the Minister may, after consultation with the Authority, ex­ tend that period of review: In the case of a conservation management plan, the Minister may, after consultation with the Conservation Boards affected, extend that period of review.
(d) (c) Part 3A, comprising sections 17A to 17N, was inserted, as from 10 April 1990, by section 13(1) Conservation Law Reform Act 1990 (1990 No 31).

17I Amendments to conservation management strategies and (1) conservation management plans The Director­General, after consultation with the Conserva­ tion Boards affected, may at any time initiate the amendment of any conservation management strategy or conservation management plan, or any part of any such strategy or plan.
(1A) The Director­General may amend a conservation management strategy so that the information in the strategy required by sec­ tion 17D(7) (identifying and describing protected areas) re­ mains accurate.

Subsections (1), (2), and (4)(a) do not ap­ ply to the Director­General’s ability to amend a conservation management strategy under this subsection.

However, the Dir­ ector­General must promptly notify the Conservation Boards affected of every amendment made under this subsection.
Except as provided in subsection (4) of this section, every amendment of a conservation management strategy under this (2) 59 Part 3A s 17J Conservation Act 1987 Reprinted as at 1 October 2008 (3) section shall be carried out in accordance with the provisions of section 17F of this Act, which shall apply with any neces­ sary modiﬁcations.
Except as provided in subsection (4) of this section, every amendment of a conservation management plan shall be car­ ried out in accordance with the provisions of section 17G of this section, which shall apply with any necessary modiﬁca­ tions.
(4) Where the proposed amendment is of such a nature that the Director­General and the Conservation Boards affected con­ sider that it will not materially affect the objectives or policies expressed in the strategy or plan or the public interest in the area concerned, then— (a) (b) In the case of a conservation management strategy, the Director­General shall send the proposal to the Conser­ vation Boards affected and it shall be dealt with under paragraphs (k) to (p) of section 17F of this Act; and In the case of a conservation management plan, the Dir­ ector­General shall send the proposal to the Conserva­ tion Boards affected and it shall be dealt with under sub­ sections (2) and (3) of section 17G of this Act.
Part 3A, comprising sections 17A to 17N, was inserted, as from 10 April 1990, by section 13(1) Conservation Law Reform Act 1990 (1990 No 31).

Subsection (1A) was inserted, as from 22 October 2003, by section 3 Conser­ vation Amendment Act 2003 (2003 No 65).

Subsection (4) was amended, as from 25 November 1994, by section 7 Conser­ vation Amendment Act 1994 (1994 No 108) by omitting the word “draft” in paras (a) and (b).
17J Freshwater ﬁsheries management plans (1) The purpose of a freshwater ﬁsheries management plan is to implement general policies and establish detailed objectives for the management of freshwater ﬁsheries within any area or areas.

The Director­General may prepare for approval by the Minis­ ter such freshwater ﬁsheries management plans as are neces­ sary for the management of all freshwater ﬁsheries other than sports ﬁsheries.
(2) (3) Nothing in any freshwater ﬁsheries management plan shall derogate from— 60 Reprinted as at 1 October 2008 Conservation Act 1987 Part 3A s 17K Any provision in this Act or any other Act; or (a) (b) Any policy approved under this Act or any other Act in respect of the area to which the plan relates, or any part of that area; or Any provision in any conservation management strat­ egy or conservation management plan.
(c) (4) Any freshwater ﬁsheries management plan may apply to any (5) one or more freshwater ﬁsh species within any area.

In preparing any freshwater ﬁsheries management plan, the Director­General shall have regard to any sports ﬁsh and game management plan having effect in that area.

Part 3A, comprising sections 17A to 17N, was inserted, as from 10 April 1990, by section 13(1) Conservation Law Reform Act 1990 (1990 No 31).
17K Procedure for preparation, approval, review, and (1) amendment of freshwater ﬁsheries management plans The following provisions shall apply to the preparation and approval of freshwater ﬁsheries management plans: (a) (b) Every draft plan shall be prepared by the Director­Gen­ eral in consultation with the Conservation Boards af­ fected by it and such other persons or organisations, in­ cluding representatives of the appropriate iwi author­ ities, as the Director­General considers practicable and appropriate, and then notiﬁed in accordance with sec­ tion 49(1) of this Act and to the appropriate regional councils and territorial authorities within the meaning of the Local Government Act 2002, and that provision shall apply as if the notice were required to be given by the Minister: Every notice under paragraph (a) of this subsection shall— (i) State that the draft plan is available for inspection at the places and times speciﬁed in the notice; and Call upon persons or organisations interested to lodge with the Director­General submissions on the draft before the date speciﬁed in that behalf in the notice, being a date not less than 40 work­ ing days after the date of the publication of the notice: (ii) 61 Part 3A s 17K Conservation Act 1987 Reprinted as at 1 October 2008 Any person or organisation may make written submis­ sions to the Director­General on any such draft plan, at the place and before the date speciﬁed in that behalf in the notice: The Director­General may obtain public opinion of the draft by any other means from any person or organisa­ tion: From the date of public notiﬁcation of a draft plan until public opinion of it has been made known to the Dir­ ector­General, the draft shall be made available by the Director­General for public inspection during normal ofﬁce hours, in such places and quantities as are likely to encourage public participation in the development of the proposal: The Director­General shall give every person or organ­ isation who or which, in making any submissions on the
 draft, asked to be heard in support of his or her or its comments a reasonable opportunity of appearing before a meeting of representatives of the Director­General: Representatives of the Director­General may hear sub­ missions from any other person or organisations con­ sulted on the draft: The Director­General shall prepare a summary of the submissions received on the draft and public opinion made known about it: After considering such submissions and public opinion, the Director­General shall, subject to paragraph (j) of this subsection, revise the draft plan: The Director­General shall comply with paragraph (i) of this subsection before— (i) The expiration of 8 months after the date of pub­ lication of the notice given under paragraph (a) of this subsection; or Such later date as may be ﬁxed in that behalf by the Minister: (ii) The Conservation Authority shall, if so required by the Minister, consider the draft and send any written com­ ments on the draft to the Minister and the Director­Gen­ eral: (c) (d) (e) (f) (g) (h) (i) (j) (k) 62 Reprinted as at 1 October 2008 (l) Conservation Act 1987 Part 3A s 17K The Director­General, after having regard to any comments received under paragraph (k) of this subsec­ tion,— (i) May amend the draft: (ii) Shall send to the Minister the draft, with any re­ visions, and the summary prepared under para­ graph (h) of this subsection: (2) (3) (4) (5) (m) The Minister shall approve the draft or send it back to the Director­General for further consideration before approving it.
The Director­General may at any time review or amend any such management plan.

The review of any freshwater ﬁsheries management plan shall be dealt with under subsection (1) of this section, which shall apply with any necessary modiﬁcations.
The following provisions shall also apply in relation to the review of any freshwater ﬁsheries management plan: (a) Any freshwater ﬁsheries management plan may be re­ viewed in whole or in part: (b) A freshwater ﬁsheries management plan shall be re­ viewed as a whole by the Director­General not later than 10 years after the date of its approval.
Subject to subsection (6) of this section, the amendment of any freshwater ﬁsheries management plan shall be dealt with under subsection (1) of this section, which shall apply with any necessary modiﬁcations.
(6) Where any such amendment is of such a nature that the Dir­ ector­General considers that it will not materially affect the objectives or policies expressed in the plan or the public inter­ est in the area concerned, the amendment shall be dealt with under paragraphs (i) to (m) of subsection (1) of this section, which shall apply with any necessary modiﬁcations.

Part 3A, comprising sections 17A to 17N, was inserted, as from 10 April 1990, by section 13(1) Conservation Law Reform Act 1990 (1990 No 31).
Subsection (1)(a) was amended, as from 1 July 2003, by section 262 Local Gov­ ernment Act 2002 (2002 No 84) by substituting the words “within the meaning of the Local Government Act 2002” for the words “constituted under the Local Government Act 1974”.

See sections 273 to 314 of that Act as to the savings and transitional provisions.
63 Part 3A s 17L Conservation Act 1987 Reprinted as at 1 October 2008 17L Sports ﬁsh and game management plans (1) The purpose of a sports ﬁsh and game management plan is to establish objectives for the management of sports ﬁsh and game, or both, within any region or part of any region.

Each Fish and Game Council shall prepare for approval by the Minister such sports ﬁsh and game management plans as are necessary for the management of sports ﬁsh and game within its area of jurisdiction.
(2) (3) Nothing in any sports ﬁsh and game management plan shall derogate from— (a) Any provision in this Act or any other Act; or (b) Any policy approved under this Act or any other Act in respect of the area to which the plan relates, or any part of that area; or Any provision in any conservation management strat­ egy or conservation management plan or freshwater ﬁsheries management plan.
(c) (4) When preparing a draft sports ﬁsh and game management plan, the Fish and Game Council shall— (a) Have regard to the sustainability of sports ﬁsh and game in the area to which the plan relates; and (b) Have regard to the impact that the management pro­ posed in the draft is likely to have on other natural re­ sources and other users of the habitat concerned; and Include such provisions as may be necessary to maxi­ mise recreational opportunities for hunters and anglers.
Part 3A, comprising sections 17A to 17N, was inserted, as from 10 April 1990, by section 13(1) Conservation Law Reform Act 1990 (1990 No 31).

(c) 17M Procedure for preparation, approval, review, and amendment of sports ﬁsh and game management plans Every draft sports ﬁsh and game management plan shall be prepared by a Fish and Game Council in the manner provided in subsection (2) of this section.
The following provisions shall apply to the preparation and approval of sports ﬁsh and game management plans: (a) The Fish and Game Council— (i) Shall publish a notice of the draft plan either in some newspaper circulating in the area in which (1) (2) 64 Reprinted as at 1 October 2008 Conservation Act 1987 Part 3A s 17M (ii) the subject­matter of the notice is situated or, if the draft is of national importance, at least once in each of 5 daily newspapers published in Auck­ land, Hamilton, Wellington, Christchurch, and Dunedin, respectively; and Shall give notice of the draft plan to the Dir­ ector­General and, so far as is practicable, to representatives of the appropriate iwi authorities, and to the appropriate regional councils and terri­ torial authorities within the meaning of the Local Government Act 2002; and (iv) (iii) May give such further notice of the draft plan as the Fish and Game Council thinks ﬁt; and Shall, in every notice under this paragraph, invite persons or organisations to send to the Fish and Game Council written submissions on the pro­ posal before the date speciﬁed in that behalf in the notice, being a date not less than 40 working days after the date of the publication of the no­ tice; and Shall consult with such other persons or organ­ isations, in such manner, as the Fish and Game Council considers practicable and appropriate; and Shall give full consideration to any submissions and opinion made known to the Fish and Game Council: (vi) (v) (b) (c) (d) Every notice under paragraph (a) of this subsection shall state that the draft plan is available for inspection at the places and times speciﬁed in the notice: From the date of public notiﬁcation of a draft plan until public opinion of it has been made known to the Fish and Game Council, the draft shall be made available by the Fish and Game Council for public inspection during normal ofﬁce hours, in such places and quantities as are likely to encourage public participation in the develop­ ment of the proposal: The Fish and Game Council
 shall give every person or organisation who or which, in making any submissions 65 Part 3A s 17M Conservation Act 1987 Reprinted as at 1 October 2008 on the draft, asked to be heard in support of his or her or its submissions a reasonable opportunity of appear­ ing before a meeting of representatives of the Fish and Game Council: The Fish and Game Council shall prepare a summary of the submissions received on the draft and public opinion made known about it: The Fish and Game Council shall send the draft to the Minister with the summary prepared under paragraph (e) of this subsection and a written statement of any matters of content on which the Director­General and the Council are unable to agree: The Minister shall approve the draft or send it back to the Fish and Game Council for further consideration before approving it.
(e) (f) (g) (3) (4) (5) The Fish and Game Council may at any time review or amend any sports ﬁsh and game management plan.

Subject to subsection (6) of this section, the review of any sports ﬁsh and game management plan and amendments shall be dealt with under subsection (2) of this section, which shall apply with any necessary modiﬁcations.
The following provision shall also apply in relation to the re­ view of any sports ﬁsh and game management plan: (a) Any sports ﬁsh and game management plan may be re­ viewed in whole or in part: (c) (b) A sports ﬁsh and game management plan shall be re­ viewed as a whole by the Fish and Game Council not later than 10 years after the date of its approval: The Minister may, after consultation with the Fish and Game Councils affected, extend that period of review.
(6) Where the proposed amendment of any sports ﬁsh and game management plan is of such a nature that the Fish and Game Council considers that it will not materially affect the object­ ives or policies expressed in the plan or the public interest in the area concerned, the amendment shall be dealt with under paragraphs (e) to (g) of subsection (2) of this section, which shall apply with any necessary modiﬁcations.
Part 3A, comprising sections 17A to 17N, was inserted, as from 10 April 1990, by section 13(1) Conservation Law Reform Act 1990 (1990 No 31).

66 Reprinted as at 1 October 2008 Conservation Act 1987 Part 3A s 17N Subsection (2)(a)(ii) was amended, as from 1 July 2003, by section 262 Local Government Act 2002 (2002 No 84) by substituting the words “within the meaning of the Local Government Act 2002” for the words “constituted under the Local Government Act 1974”.
See sections 273 to 314 of that Act as to the savings and transitional provisions.
17N Effect of general policies, conservation management (1) strategies, and management plans Every statement of general policy approved under section 17B(3)(m) or section 17C of this Act, every conservation management strategy, and every conservation management plan, freshwater ﬁsheries management plan, and sports ﬁsh and game management plan shall have effect on and from the date on which it is approved, or on such later date as may be speciﬁed in that behalf in the statement or strategy or plan.
(2) No such statement or strategy or plan shall restrict or affect the exercise of any legal right or power by any person other than the Minister or the Director­General or any Fish and Game Council.

(3) (4) (5) Every such statement, strategy, and plan shall be available for public inspection during ordinary ofﬁce hours at the De­ partment’s Head Ofﬁce, and at such other places as the Dir­ ector­General thinks its public availability is desirable.
Sports ﬁsh and game management plans, and policies relating to sports ﬁsh and game that are general policies or are estab­ lished by the New Zealand Fish and Game Council, shall be available at the ofﬁces of the New Zealand Fish and Game Council and the Fish and Game Councils affected by them.
(6) Where any such strategy or plan or any review or amendment of any such strategy or plan is approved, the Fish and Game Council that prepared, reviewed, or amended the sports ﬁsh and game management plan, or the Director­General in the case of any other strategy or plan, must give public notice of the approval, specifying the ofﬁces or places at which the strat­ egy or plan, or reviewed or amended strategy or plan, can be inspected; and section 49(1) of this Act applies as if the notice were required to be given by the Minister.
Part 3A, comprising sections 17A to 17N, was inserted, as from 10 April 1990, by section 13(1) Conservation Law Reform Act 1990 (1990 No 31).

67 Part 3B s 17O Conservation Act 1987 Reprinted as at 1 October 2008 Subsection (3) was repealed, as from 1 July 1996, by section 6 Conservation Amendment Act 1996 (1996 No 1).

Subsection (6) was substituted, as from 3 June 1998, by section 2 Conservation Amendment Act 1998 (1998 No 33).
Part 3B Concessions Part 3B (comprising sections 17O to 17ZJ) was inserted, as from 1 July 1996, by section 7(1) Conservation Amendment Act 1996 (1996 No 1).

See section 7(2)­(4) and (6) of that Act, and section 47 of that Act as to the transitional provisions relating to existing leases.

17O Application (1) (2) This Part of this Act applies to every conservation area.
Except as provided in subsection (3) or subsection (4) of this section, no activity shall be carried out in a conservation area unless authorised by a concession.
(3) A concession is not required in respect of— (a) Any mining activity authorised under the Crown Minerals Act 1991 (including the transitional provi­ sions of that Act); or (c) (b) Any activity that is otherwise authorised by or under this Act or any Act speciﬁed in Schedule 1 to this Act; or Any action or event necessary for the purposes of saving or protecting life or health, or preventing serious dam­ age to property or avoiding an actual or likely adverse effect on the environment; or (d) Any activity that is carried out by the Minister or Dir­ ector­General in the exercise of his or her functions, du­ ties, or powers under this Act or any other Act.
(4) An individual or organised group undertaking any recreational activity, whether for the beneﬁt of the individual or members (individually or collectively) of the group, does not require a concession if the individual or group is undertaking the ac­ tivity without any speciﬁc gain or reward for that activity, whether pecuniary or otherwise.
(5) A group of the kind to which subsection (4) of this section ap­ plies may impose on its members a reasonable charge in order 68 Reprinted as at 1 October 2008 Conservation Act 1987 Part 3B s 17Q (6) (7) to recover the reasonable expenses in organising the recre­ ational activity.

Subsection (3)(b) of this section shall not apply to any sports ﬁshing guide or game hunting guide who conducts any activity in a conservation area.
This Part is subject to Part 2 of the Forests (West Coast Accord) Act 2000, in relation to land that is a conservation area as a result of a declaration under section 8(1) of that Act.

Part 3B (comprising sections 17O to 17ZJ) was inserted, as from 1 July 1996, by section 7(1) Conservation Amendment Act 1996 (1996 No 1).

See section 7(2)­(4) and (6) of that Act, and section 47 of that Act as to the transitional provisions relating to existing leases.
Subsection (7) was added, as from 21 October 2000, by section 22 Forests (West Coast Accord) Act 2000 (2000 No 45).

17P Relationship with the Resource Management Act 1991 (1) Except as provided in subsection (2) of this section, this Part of this Act does not relieve any person from any obligation to obtain a resource consent under the Resource Management Act 1991.

Section 11 and Part 10 of the Resource Management Act 1991 do not apply to any lease granted by the Minister.
Part 3B (comprising sections 17O to 17ZJ) was inserted, as from 1 July 1996, by section 7(1) Conservation Amendment Act 1996 (1996 No 1).

See section 7(2)­(4) and (6) of that Act, and section 47 of that Act as to the transitional provisions relating to existing leases.

(2) 17Q Powers to grant concessions (1) (2) (3) Subject to this Part of this Act, the Minister may grant a con­ cession in the form of a lease, licence, permit, or easement in respect of any activity.
The Minister shall not grant an easement in respect of an ac­ tivity if a lease, licence, or permit may be granted in respect of the activity and the Minister considers that a lease, licence, or permit is more appropriate in that case.

Part 4A of this Act does not apply to any lease or licence granted under this Part of this Act.

Part 3B (comprising sections 17O to 17ZJ) was inserted, as from 1 July 1996, by section 7(1) Conservation Amendment Act 1996 (1996 No 1).
See section 7(2)­(4) and (6) of that Act, and section 47 of that Act as to the transitional provisions relating to existing leases.

69 Part 3B s 17R Conservation Act 1987 Reprinted as at 1 October 2008 17R Applications for leases, licences, etc Any person may apply to the Minister for a concession to con­ duct an activity in a conservation area.

Part 3B (comprising sections 17O to 17ZJ) was inserted, as from 1 July 1996, by section 7(1) Conservation Amendment Act 1996 (1996 No 1).
See section 7(2)­(4) and (6) of that Act, and section 47 of that Act as to the transitional provisions relating to existing leases.
17S Contents of application (1) A description of the proposed activity: Every application for a concession shall include the following information: (a) (b) A description identifying the places where the proposed activity will be carried out and indicating the status of such places: A description of the potential effects of the proposed activity, and any actions which the applicant proposes to take to avoid, remedy, or mitigate any adverse effects: (d) Details of the proposed type of concession for which the (c) (e) (f) applicant is applying: A statement of the proposed duration of the concession and the reasons for the proposed duration: Relevant information relating to the applicant, includ­ ing any information relevant to the applicant’s ability to carry out the proposed activity.
(2) Where an applicant applies for— A lease; or (a) (b) A proﬁt à prendre or a licence granting an interest in land; or An easement;— (c) the applicant, in addition to supplying the information required by subsection (1) of this section, shall supply reasons for the request and sufﬁcient information to satisfy the Minister, in terms of section 17U of this Act, that it is both appropriate to grant the lease, proﬁt à prendre, licence, or easement and lawful to grant it.
The Minister may require an applicant for a concession to sup­ ply such further information as the Minister considers neces­ sary to enable a decision to be made, including the preparation of an environmental impact assessment in the form set out in (3) 70 Reprinted as at 1 October 2008 Conservation Act 1987 Part 3B s 17T (4) Schedule 4 to the Resource Management Act 1991 or in such other form as the Minister may require.
The Minister may, at the expense of the applicant,— (a) Commission a report or seek advice from any person (including the Director­General) on any matters raised in relation to the application, including a review of any information provided by the applicant: (b) Obtain from any source any existing relevant informa­ tion on the proposed activity or structure that is the sub­ ject of the application.
(5) Any information obtained by the Minister under subsection (4) of this section shall be supplied to the applicant who may comment on it within such time as may be speciﬁed by the Minister.
(6) An application is incomplete where the Minister— (a) Has advised the applicant that the applicant has not sup­ plied any speciﬁed information required by or under this section, which information has not been received by the Minister; or (b) Has not received any report commissioned or advice (c) sought under subsection (4) of this section; or Has supplied information to the applicant under subsec­ tion (5) of this section and the time limit speciﬁed under that subsection has not expired.
Part 3B (comprising sections 17O to 17ZJ) was inserted, as from 1 July 1996, by section 7(1) Conservation Amendment Act 1996 (1996 No 1).

See section 7(2)­(4) and (6) of that Act, and section 47 of that Act as to the transitional provisions relating to existing leases.

(2) 17T Process for complete application (1) The Minister shall consider every complete application for a concession that is received by him or her.
If the Minister is satisﬁed that the complete application does not comply with or is inconsistent with the provisions of this Act or any relevant conservation management strategy or con­ servation management plan, he or she shall, within 20 work­ ing days after receipt of the application, decline the application and inform the applicant that he or she has declined the appli­ cation and the reasons for declining the application.
71 Part 3B s 17U Conservation Act 1987 Reprinted as at 1 October 2008 (4) (3) Nothing in this Act or any other Act shall require the Minister to grant any concession if he or she considers that the grant of a concession is inappropriate in the circumstances of the particular application having regard to the matters set out in section 17U of this Act.
Before granting any lease or licence in respect of a conser­ vation area (other than by virtue of the exercise of a right of renewal of a lease or licence, or a right to a new lease or li­ cence, that is contained in any lease or licence), the Minister shall give public notice of the intention to do so; and section 49 of this Act shall apply accordingly.
Before granting any permit or easement in respect of a conser­ vation area, the Minister may, if, having regard to the effects of the permit or easement, he or she considers it appropriate to give public notice of the intention to do so, give such notice; and section 49 of this Act shall apply accordingly.

Part 3B (comprising sections 17O to 17ZJ) was inserted, as from 1 July 1996, by section 7(1) Conservation Amendment Act 1996 (1996 No 1).
See also section 7(2)­(4) and (6) of that Act, and section 47 of that Act as to the transitional provisions relating to existing leases.
(5) 17U Matters to be considered by Minister (1) In considering any application for a concession, the Minister shall have regard to the following matters: (a) The nature of the activity and the type of structure or facility (if any) proposed to be constructed: The effects of the activity, structure, or facility: Any measures that can reasonably and practicably be undertaken to avoid, remedy, or mitigate any adverse effects of the activity: (b) (c) (d) Any information received by the Minister under section (e) (f) 17S or section 17T of this Act: Any relevant environmental impact assessment, includ­ ing any audit or review: Any relevant oral or written submissions received as a result of any relevant public notice issued under section 49 of this Act: (g) Any relevant information which may be withheld from any person in accordance with the Ofﬁcial Information Act 1982 or the Privacy Act 1993.
72 Reprinted as at 1 October 2008 Conservation Act 1987 Part 3B s 17U (2) (3) (4) (5) (b) The Minister may decline any application if the Minister con­ siders that— (a) The information available is insufﬁcient or inadequate to enable him or her to assess the effects (including the effects of any proposed methods to avoid, remedy, or mitigate the adverse effects) of any activity, structure, or facility; or There are no adequate methods or no reasonable methods for remedying, avoiding, or mitigating the adverse effects of the activity, structure, or facility.
The Minister shall not grant an application for a concession if the proposed activity is contrary to the provisions of this Act or the purposes for which the land concerned is held.
The Minister shall not grant any application for a concession to build a structure or facility, or to extend or add to an existing structure or facility, where he or she is satisﬁed that the activ­ ity— (a) Could reasonably be undertaken in another location that— (i) Is outside the conservation area to which the ap­ plication relates; or Is in another conservation area or in another part of the conservation area to which the application relates, where the potential adverse effects would be signiﬁcantly less; or (ii) (b) Could reasonably use an existing structure or facility or the existing structure or facility without the addition.
The Minister may grant a lease or a licence (other than a proﬁt à prendre) granting an interest in land only if— (a) The lease or licence relates to one or more ﬁxed struc­ tures and facilities (which structures and facilities do not include any track or road except where the track or road is an integral part of a larger facility); and In any case where the application includes an area or areas around the structure or facility,— (i) (b) Either— (A) It is necessary for the purposes of safety or security of the site, structure, or facility to include any area or areas (including any 73 Part 3B s 17V Conservation Act 1987 Reprinted as at 1 October 2008 (B) security fence) around the structure or fa­ cility; or It is necessary to include any clearly de­ ﬁned area or areas that are an integral part of the activity on the land; and (ii) The grant of a lease or licence granting an interest in land is essential to enable the activity to be carried on.
(6) No lease may be granted unless the applicant satisﬁes the Min­ (7) ister that exclusive possession is necessary for— The protection of public safety; or (a) The protection of the physical security of the activity (b) concerned; or The competent operation of the activity concerned.

(c) For the purposes of subsection (6) of this section, the com­ petent operation of an activity includes the necessity for the activity to achieve adequate investment and maintenance.
Part 3B (comprising sections 17O to 17ZJ) was inserted, as from 1 July 1996, by section 7(1) Conservation Amendment Act 1996 (1996 No 1).

See also section 7(2)­(4) and (6) of that Act, and section 47 of that Act as to the transitional provisions relating to existing leases.
17V Limitations on concessions and leases over marginal strips (1) Without limiting the power of the Minister to grant a conces­ sion over a conservation area that is a marginal strip, the Min­ ister may decline to grant a concession in any case if he or she is satisﬁed that it is more appropriate in that case to enter into any agreement or arrangement under section 24H of this Act.
(2) No concession may authorise the owner of any land adjoining a marginal strip to use the marginal strip for farming purposes or forestry purposes or any purpose associated with or inci­ dental to any farming or forestry carried out on the adjoining land; but nothing in the preceding provisions of this subsec­ tion limits or affects section 24H of this Act.
The Minister shall not grant a lease (other than a lease that formalises an occupation of the land, where that occupation existed before the 10th day of April 1990) over a marginal strip unless he or she is satisﬁed that— (a) The grant is permitted by this Part of this Act; and (3) 74 Reprinted as at 1 October 2008 Conservation Act 1987 Part 3B s 17W (c) (b) The activities authorised by the lease require the use of both the marginal strip and the adjacent water; and The land, structures, and facilities to which the lease relates are essential to the carrying out of such activities.
Part 3B (comprising sections 17O to 17ZJ) was inserted, as from 1 July 1996, by section 7(1) Conservation Amendment Act 1996 (1996 No 1).

See also section 7(2)­(4) and (6) of that Act, and section 47 of that Act as to the transitional provisions relating to existing leases.
17W Relationship between concessions and conservation management strategies and plans (1) Where a conservation management strategy or conservation management plan has been established for a conservation area and the strategy or plan provides for the issue of a concession, a concession shall not be granted in that case unless the con­ cession and its granting is consistent with the strategy or plan.
(2) Where— (a) (b) There is no conservation management strategy or con­ servation management plan for a conservation area; or The relevant conservation management strategy or con­ servation management plan does not make any provi­ sion for the activity to which the application relates in a conservation area,— (3) the Minister, after complying with the provisions of sections 17S, 17T, and 17U of this Act, may grant a concession.
The Minister may decline any application, whether or not it is in accordance with any relevant conservation management strategy or conservation management plan, if he or she con­ siders that the effects of the activity are such that a review of the strategy or plan, or the preparation of a strategy or plan, is more appropriate.
(4) On declining an application under subsection (3) of this sec­ tion, the Minister, if requested by the applicant to do so and after consultation with the relevant Conservation Board, may initiate a review of the strategy or plan pursuant to section 17H of this Act or the preparation of a strategy or plan under this Act.
75 Part 3B s 17X Conservation Act 1987 Reprinted as at 1 October 2008 (7) (6) (5) The Minister may require the applicant to pay all or part of the reasonable costs of such a review or the preparation of a strategy or plan.

Subsection (4) of this section does not affect the power of the Director­General to initiate a review or an amendment to a strategy or plan under section 17H or section 17I of this Act.
It shall be a condition of every concession document that the concessionaire must act in accordance with every rele­ vant conservation management strategy and conservation management plan for the time being in force, including any amendments to the strategy or plan, whether the strategy or plan or amendment was approved before or on or after the date on which the concession became effective; and that condition shall be deemed to be included in every concession document.
(8) Any provision of a concession document that contravenes or allows expressly or by implication any action or default on the part of the concessionaire in contravention of the strategy or plan shall have no effect and any breach or contravention of the strategy or plan shall be deemed to be a breach or contra­ vention of the concession and concession document.

Part 3B (comprising sections 17O to 17ZJ) was inserted, as from 1 July 1996, by section 7(1) Conservation Amendment Act 1996 (1996 No 1).
See also section 7(2)­(4) and (6) of that Act, and section 47 of that Act as to the transitional provisions relating to existing leases.
17X Power of Minister to impose and enforce conditions In granting any concession, the Minister may impose such con­ ditions as he or she considers appropriate for the activity, struc­ ture, or facility, including (but not limited to) conditions relat­ ing to or providing for— (a) The activity itself, the carrying out of the activity, and the places where it may be carried out: The name and full address of every person or body to whom the concession is granted and who may carry out the activity: The payment of rent, fees, and royalties as provided in section 17Y of this Act: The payment of compensation for any adverse effects of the activity on the Crown’s or public interest in the (b) (c) (d) 76 Reprinted as at 1 October 2008 Conservation Act 1987 Part 3B s 17X (e) (f) (g) (h) (i) (j) land concerned, unless such compensation has been provided for in the setting of rent: The provision by the concessionaire of bonds— (i) To cover any costs incurred by the Minister in carrying out work that the concessionaire has failed to carry out and that was required by the concession document to be carried out; or To mitigate any adverse effects arising from but not authorised by the concession or not reason­ ably foreseen at the time the concession was granted: (ii) The waiver or reduction of any rent, compensation, or bond where— (i) The concessionaire makes any contribution to the management of the lands or the public interest in those lands; or There is any other non­commercial public beneﬁt from the activity; or (ii)
 (iii) Any circumstances of the concession justify such waiver or reduction; or (iv) The costs of setting and collecting the rent exceed any rent which may be collected: The restoration of the site and the removal of any struc­ ture or facility at the expense of the concessionaire or the vesting in the Crown of any structure or facility at the end of the term of the concession: Periodic reviews of the terms and conditions (including rents) of the concession: A covenant that on any transfer, sublease,
 sublicence, or assignment of a concession, the concessionaire shall re­ main liable throughout the term (including renewals) of the lease or licence or easement and shall procure from the transferee or sublessee or sublicensee or assignee a covenant to be bound by the conditions of the lease or licence or easement: The payment of any fees (including legal fees) in re­ spect of the preparation of the concession document and its registration (where necessary), being fees payable 77 Part 3B s 17Y Conservation Act 1987 Reprinted as at 1 October 2008 in addition to any fees payable under sections 60A to 60D of this Act.
Part 3B (comprising sections 17O to 17ZJ) was inserted, as from 1 July 1996, by section 7(1) Conservation Amendment Act 1996 (1996 No 1).

See also section 7(2)­(4) and (6) of that Act, and section 47 of that Act as to the transitional provisions relating to existing leases.
17Y Rents, fees, and royalties (1) It shall be a condition of the Minister’s granting a concession under this Part of this Act that the person or body to whom the concession is granted— (a) Shall pay any speciﬁed rents, fees, and royalties to the Minister; and Shall pay any other levy or charge made on an occupier or owner of land, as a result of the grant of a lease, licence, or easement, either to the Minister or as directed by the Minister.
(b) (2) (3) (c) (b) The rent, fee, or royalty may be ﬁxed at the market value, having regard to— (a) Any circumstances relating to the nature of the activity; and The effects of the activity on the purposes of the area affected; and Any contractual conditions, covenants, or other en­ cumbrances placed upon intrinsic resources, natural resources, or historic resources by the concession.

Rent, fees, and royalties for a concession shall be reviewed at intervals not exceeding 3 years.
Part 3B (comprising sections 17O to 17ZJ) was inserted, as from 1 July 1996, by section 7(1) Conservation Amendment Act 1996 (1996 No 1).

See also section 7(2)­(4) and (6) of that Act, and section 47 of that Act as to the transitional provisions relating to existing leases.
17Z Term of concession (1) A lease or a licence may be granted for a term (which term shall include all renewals of the lease or licence) not exceed­ ing 30 years or, where the Minister is satisﬁed that there are exceptional circumstances, for a term not exceeding 60 years.

(2) A permit may be granted for a term not exceeding 5 years but shall not be renewable.
78 Reprinted as at 1 October 2008 Conservation Act 1987 Part 3B s 17ZA (3) An easement may be granted for a term not exceeding 30 years, but— (a) In exceptional circumstances, the Minister may grant a term not exceeding 60 years: (b) Where the easement provides a right of way access to a property to which there is no other practical access, the term may be for such longer period as the Minister considers appropriate: (c) Where the easement is for a public work (as deﬁned in the Public Works Act 1981), the term may be for the reasonably foreseeable duration of that public work.
Part 3B (comprising sections 17O to 17ZJ) was inserted, as from 1 July 1996, by section 7(1) Conservation Amendment Act 1996 (1996 No 1).

See also section 7(2)­(4) and (6) of that Act, and section 47 of that Act as to the transitional provisions relating to existing leases.

17ZA Registration of easements (1) For the purpose of granting any easement over any conserva­ tion area, the Minister is hereby deemed to be the registered proprietor of that conservation area.
(2) Notwithstanding anything in the Land Transfer Act 1952, where the instrument of easement under section 17Z of this Act is a deed and the easement is granted or reserved over land for which no certiﬁcate of title has been issued under that Act, the Minister may request the District Land Registrar to register the deed under that Act by constituting it a folium in the register book; and the District Land Registrar shall register the deed accordingly.
(3) Where the Minister has granted or reserved any easement over any conservation area that is subject to a lease or licence that is registered under the Land Transfer Act 1952, and the lessee or licensee or other person entitled for the time being to the custody of the lease or licence neglects or refuses to produce the outstanding copy to the appropriate District Land Regis­ trar to permit registration of the easement, the Minister may, on being satisﬁed that the neglect or refusal is not justiﬁed, re­ quest the District Land Registrar to register the easement with­ out production of the outstanding copy; and the District Land Registrar shall register the easement accordingly.
79 Part 3B s 17ZB Conservation Act 1987 Reprinted as at 1 October 2008 (4) Nothing in subsection (3) of this section affects or restricts the power of a District Land Registrar under sections 211 and 212 of the Land Transfer Act 1952 to require the production of the outstanding copy of a lease or licence.

Part 3B (comprising sections 17O to 17ZJ) was inserted, as from 1 July 1996, by section 7(1) Conservation Amendment Act 1996 (1996 No 1).
See also section 7(2)­(4) and (6) of that Act, and section 47 of that Act as to the transitional provisions relating to existing leases.
17ZB Accounts (1) The Minister may, to assist himself or herself in verifying any rent, fees, or royalties, or amount of any compensation or bond, require any body or person who has been granted a concession under this Part of this Act in respect of any activity to provide a complete statement of audited ﬁnancial accounts and any other relevant information for that part of the activity that is carried out under the concession on or in any conserva­ tion area.
The accounts shall be forwarded to the Minister not later than 3 months after the end of the ﬁnancial year in respect of which they are required.

The contravention of or failure to comply with subsection (2) of this section shall be a breach of the concession.

Part 3B (comprising sections 17O to 17ZJ) was inserted, as from 1 July 1996, by section 7(1) Conservation Amendment Act 1996 (1996 No 1).
See also section 7(2)­(4) and (6) of that Act, and section 47 of that Act as to the transitional provisions relating to existing leases.
(2) (3) 17ZC Changing conditions (1) The Minister and the concessionaire may at any time, by agree­ ment in writing and without any public notiﬁcation, vary any conditions in the concession document where— (a) The variation is of a minor and technical nature and does not materially increase the adverse effects of the activity or the term of the activity or materially change the location of the activity; or The variation will result in a reduction of the adverse effects or the duration of the activity.
(b) The concessionaire may at any time apply to the Minister for a variation or extension to the concession and such application (2) 80 Reprinted as at 1 October 2008 Conservation Act 1987 Part 3B s 17ZC (3) (4) shall be treated as if it were an application for a concession; and the provisions of sections 17S to 17ZB of this Act shall apply accordingly.
The Minister, on request or on his or her own motion, may vary the conditions of a concession where— (a) The variation is the result of a review provided for in the concession document; or The variation is necessary to deal with signiﬁcant ad­ verse effects of the activity that were not reasonably foreseeable at the time the concession was granted; or The variation is necessary because the information made available to the Minister by the concessionaire for the purposes of the concessionaire’s application contained inaccuracies that materially inﬂuenced the decision to grant a concession and the effects of the activity permitted by the concession require more ap­ propriate conditions;— (b) (c) and the concessionaire shall be bound by every such variation.
Subject to subsection (5) of this section, a memorandum of any variation or extension shall be executed by the Minister and by the concessionaire and, if it relates to a lease or licence or easement registered with the District Land Registrar, shall be registered with the District Land Registrar who shall enter an appropriate memorial on the register book copy of the lease or licence or easement and on the outstanding copy thereof.
(6) (5) Notwithstanding anything to the contrary in section 66 of the Land Transfer Act 1952, a memorial of variation of any lease in respect of which a certiﬁcate of title has been issued under that section shall be entered on all relevant instruments and on that certiﬁcate of title, which shall have full validity, subject to that variation.
If the interest of the concessionaire is at the time of registra­ tion of the memorandum of variation or extension subject to a mortgage, the memorandum shall not be binding on the mort­ gagee unless the mortgagee has consented to the variation or extension in writing in the memorandum.

Part 3B (comprising sections 17O to 17ZJ) was inserted, as from 1 July 1996, by section 7(1) Conservation Amendment Act 1996 (1996 No 1).
See also section 7(2)­(4) and (6) of that Act, and section 47 of that Act as to the transitional provisions relating to existing leases.
81 Part 3B s 17ZD Conservation Act 1987 Reprinted as at 1 October 2008 17ZD Failure to execute or exercise concession document (1) If any applicant for a concession who has been granted a concession fails to sign the applicant’s concession document within 1 month after being required by written notice to do so, the Minister may cancel the grant of the concession to that person.
(2) A concession lapses on the expiry of 2 years after the date of commencement of the concession, or after the expiry of such longer period as the Minister may allow, unless the concession is exercised before the end of that period.

(3) Any money paid under the concession (including any money paid under any of sections 60A to 60D of this Act) shall, unless the Minister otherwise directs, be forfeit to the Minister.
(4) Any activity carried on by the concessionaire under a conces­ sion that has been cancelled under subsection (1) of this sec­ tion or has lapsed under subsection (2) of this section shall be deemed to be an activity carried on without the authority of the Minister for the purposes of section 39 of this Act.

Part 3B (comprising sections 17O to 17ZJ) was inserted, as from 1 July 1996, by section 7(1) Conservation Amendment Act 1996 (1996 No 1).
See also section 7(2)­(4) and (6) of that Act, and section 47 of that Act as to the transitional provisions relating to existing leases.

17ZE Transfers, subleases, and mortgages (1) Where a concession document includes a right to transfer, sub­ lease, assign, mortgage, or otherwise dispose of the conces­ sionaire’s interest, the concessionaire shall not transfer, sub­ lease, assign, mortgage, or otherwise dispose of the conces­ sionaire’s interest or any part thereof without the consent of the Minister.
The Minister shall at all times have power in the public inter­ est, and in his or her discretion, to refuse any application for consent whatever or to grant his or her consent subject to such conditions as he or she thinks ﬁt.
(2) (3) Unless the concession document otherwise provides, the pro­ visions of sections 17P, 17S, 17T, 17U, 17W, 17X, 17ZB, and 17ZC of this Act apply to any application to transfer, sublease, assign, mortgage, or otherwise dispose of a concessionaire’s interest in a concession or any part of a concession.
82 Reprinted as at 1 October 2008 Conservation Act 1987 Part 3B s 17ZG Part 3B (comprising sections 17O to 17ZJ) was inserted, as from 1 July 1996, by section 7(1) Conservation Amendment Act 1996 (1996 No 1).

See also section 7(2)­(4) and (6) of that Act, and section 47 of that Act as to the transitional provisions relating to existing leases.
17ZF Aircraft (1) No aircraft shall land or take off from any site within a con­ servation area that is not a certiﬁed aerodrome unless— (a) There is an emergency arising from— (i) Mechanical or structural or operational defects in the aircraft or its equipment; or (ii) Weather conditions or other causes not under the control of the pilot in command; or (b) (c) The action is necessary to establish, construct, operate, maintain, repair, or replace a maritime navigational aid; or A concession has been obtained for the purpose from the Minister.
(2) Any concession document granted for such purpose by the Minister shall be in the possession of the operator and have been sighted by the pilot in command of the aircraft prior to landing or taking off.

This section does not apply to any aircraft operated by the New Zealand Defence Force or the Civil Aviation Authority of New Zealand.
(3) (5) (4) Nothing in this section implies any responsibility by the Min­ ister or liability for the safety of any aircraft or person aboard an aircraft while the aircraft is in the air or landing.

For the purposes of this section, landing includes the hovering of any aircraft and the setting down or taking on of goods or persons from an aircraft.

Part 3B (comprising sections 17O to 17ZJ) was inserted, as from 1 July 1996, by section 7(1) Conservation Amendment Act 1996 (1996 No 1).
See also section 7(2)­(4) and (6) of that Act, and section 47 of that Act as to the transitional provisions relating to existing leases.

17ZG Management activities (1) Subject to this Act, nothing in this Part of this Act shall affect or limit the proper exercise by the Minister or Director­Gen­ 83 Part 3B s 17ZH Conservation Act 1987 Reprinted as at 1 October 2008 eral of any power to manage any land held or managed under this Act or any Act speciﬁed in Schedule 1 to this Act.
(2) Without limiting any power exercisable by the Minister, the Minister may— (a) (b) Tender the right to make an application, invite appli­ cations, or carry out other actions that may encourage speciﬁc applications: Include in any concession provisions for the conces­ sionaire to carry on activities relating to the manage­ ment of any conservation area on behalf of the Minister or at any time enter into any agreement providing for the concessionaire to carry out such activities.
Part 3B (comprising sections 17O to 17ZJ) was inserted, as from 1 July 1996, by section 7(1) Conservation Amendment Act 1996 (1996 No 1).

See also section 7(2)­(4) and (6) of that Act, and section 47 of that Act as to the transitional provisions relating to existing leases.
17ZH Powers of Minister where services are provided by the Minister or the Director­General Where any community service, beneﬁt, or facility has been provided by the Minister or the Director­General, whether within or outside a conservation area, for the beneﬁt of con­ cessionaires either occupying any part of the conservation area or undertaking any activity within the area under any concession document— (a) The Minister may, in accordance with this section and the relevant concession document, assess the amount of contribution to be paid to the Minister by the conces­ sionaires towards the cost of providing and maintaining that service, beneﬁt, or facility: The contribution assessed under paragraph (a) of this section in respect of the capital cost of providing any such service, beneﬁt, or facility shall be apportioned by the Minister among those concessionaires in such man­ ner as he or she thinks ﬁt and shall be paid in one amount or over a period of years as the Minister may determine, and the Minister may in like manner apportion among those concessionaires an annual contribution to be paid by them to the Minister to meet the cost of maintaining any such service, beneﬁt, or facility: (b) 84 Reprinted as at 1 October 2008 Conservation Act 1987 Part 3B s 17ZJ (c) (d) The amount apportioned by the Minister to be paid by any concessionaire shall be due and payable to and re­ coverable by the Minister on the expiration of 3 months after the service of a demand made on the concession­ aire by the Minister or
 the Director­General: If the amount so apportioned is not paid by the due date, interest shall be payable by the concessionaire from the due date until payment in full at such rate as is from time to time ﬁxed by the Minister: (f) (e) Where any amount so apportioned is not paid in full by the due date, the concessionaire shall be deemed to have committed a breach of his or her or its concession: The Minister may exempt any concessionaire from pay­ ment of the whole or any part of any amount appor­ tioned by the Minister or the Director­General under the foregoing provisions of this section, or may grant such relief to the concessionaire as he or she considers ap­ propriate in the circumstances.
Compare: 1980 No 66 s 53 Part 3B (comprising sections 17O to 17ZJ) was inserted, as from 1 July 1996, by section 7(1) Conservation Amendment Act 1996 (1996 No 1).

See also section 7(2)­(4) and (6) of that Act, and section 47 of that Act as to the transitional provisions relating to existing leases.
17ZI Records The Director­General shall keep reasonably available for pub­ lic inspection during usual business hours at such ofﬁce or of­ ﬁces in the locality where the relevant concession applies, as may be speciﬁed by the Director­General,— (a) Records of each application for a concession received by the Minister; and The decision made on the application.
(b) Details of any public notiﬁcation of the application; and (c) Part 3B (comprising sections 17O to 17ZJ) was inserted, as from 1 July 1996, by section 7(1) Conservation Amendment Act 1996 (1996 No 1).

See also section 7(2)­(4) and (6) of that Act, and section 47 of that Act as to the transitional provisions relating to existing leases.
17ZJ Reconsideration of decisions Without limiting any other provision in this Part of this Act, upon application by an applicant for a concession,— 85 Part 4 s 18 Conservation Act 1987 Reprinted as at 1 October 2008 (a) Where the Minister has declined to grant a concession to the applicant, the Minister may reconsider that decision: (b) Where the Minister has decided to grant a concession to the applicant, the Minister may reconsider any deci­ sion made by the Minister in relation to the proposed concession if the application under this section is made before a concession document is executed.
Part 3B (comprising sections 17O to 17ZJ) was inserted, as from 1 July 1996, by section 7(1) Conservation Amendment Act 1996 (1996 No 1).

See also section 7(2)­(4) and (6) of that Act, and section 47 of that Act as to the transitional provisions relating to existing leases.
Part 4 Specially protected areas 18 Minister may confer additional speciﬁc protection or (1) (2) (3) preservation requirements Subject to subsections (2) to (4) of this section, the Minister may, by notice in the Gazette describing the land concerned, declare any land or interest in land, held under this Act for con­ servation purposes to be held for the purpose of a conservation park, an ecological area, a sanctuary area, a wilderness area, for any other speciﬁed purpose or purposes, or for 2 or more of those purposes; and, subject to this Act, it shall thereafter so be held.
The Minister shall give public notice of intention to give a notice under subsection (1) of this section; and section 49 of this Act shall apply accordingly.

Every notice under subsection (1) of this section shall specify a name for the area concerned; and it shall thereafter be known by the name.
(4) Where any land or interest is declared to be held for the pur­ pose of an ecological area under subsection (1) of this sec­ tion, the notice concerned shall specify the particular scientiﬁc value for which it is held.

Every area held under this Act for one or more of the purposes described in subsection (1) of this section shall be managed in a manner consistent with the purpose or purposes concerned.
(6) Nothing in sections 19 to 24 of this Act limits the generality (5) of subsection (5) of this section.

86 Reprinted as at 1 October 2008 Conservation Act 1987 Part 4 s 20 (7) (8) 19 (1) Subject to subsection (8) of this section, the Minister may, by notice in the Gazette, vary or revoke the purpose, or all or any of the purposes, for which any land or interest held under subsection (1) of this section is held; and it shall thereafter be held accordingly.
Before varying or revoking any purpose under subsection (7) of this section, the Minister shall give public notice of intention to do so; and section 49 of this Act shall apply accordingly.

Conservation parks Every conservation park shall so be managed— (a) (b) That its natural and historic resources are protected; and Subject to paragraph (a) of this subsection, to facilitate public recreation and enjoyment.
(3) (2) Where a committee is constituted by or under regulations made under subsection (3) of this section in respect of any conservation park, it may advise the Minister on the area’s management.

The Governor­General may from time to time, by Order in Council, make regulations constituting, or providing for the constitution, appointment, or election, of a committee to ad­ vise the Minister on the management of any conservation park or parks, and deﬁning its functions.
Regulations under subsection (3) of this section may be so made as to apply to— (a) All conservation parks, parks of any class or descrip­ tion, or to any speciﬁed conservation park or parks: (4) (b) All committees constituted by or under regulations made under subsection (3) of this section, or to any such committee or committees.
20 Wilderness areas (1) Subject to subsections (2) to (4) of this section, the following provisions apply to every wilderness area: (a) (b) No building or machinery shall be erected on it: Its indigenous natural resources shall be preserved: 87 Part 4 s 21 Conservation Act 1987 Reprinted as at 1 October 2008 (c) No building, machinery, or apparatus shall be con­ structed or maintained on it: (d) No livestock, vehicles, or motorised vessels (including hovercraft and jet boats) shall be allowed to be taken into or used in it and no helicopter or other motorised aircraft shall land or take off or hover for the purpose of embarking or disembarking passengers or goods in it: No roads, tracks, or trails shall be constructed on it.
(2) (e) If— (a) (b) The doing of anything on a wilderness area is in con­ formity with the conservation management strategy or conservation management plan for the area; and The Minister is satisﬁed that its doing is desirable or necessary for the preservation of the area’s indigenous natural resources,— (3) the Minister may authorise it.
If satisﬁed that the undertaking of any scientiﬁc test or study in a wilderness area is necessary or desirable for the preservation of indigenous natural resources, the Minister may authorise it.

(4) Nothing in subsection (1) of this section prevents the doing of any thing for any person’s protection, or because of some emergency involving any person’s property.

Subsection (1)(d) was substituted, as from 25 November 1994, by section 8(1) Conservation Amendment Act 1994 (1994 No 108).
Subsection (2)(a) was amended, as from 10 April 1990, by section 14 Conser­ vation Law Reform Act 1990 (1990 No 31) by substituting the words “the con­ servation management strategy or conservation management plan for the area” for the words “the area’s management plan”.

Subsection (3) was substituted, as from 25 November 1994, by section 8(2) Conservation Amendment Act 1994 (1994 No 108).

Ecological areas Every ecological area shall so be managed as to protect the value for which it is held.
Sanctuary areas Every sanctuary area shall be managed to preserve in their natural state the indigenous plants and animals in it, and for scientiﬁc and other similar purposes.
21 22 88 Reprinted as at 1 October 2008 Conservation Act 1987 Part 4 s 23 23 Watercourse areas (1) Land held under this Act for conservation purposes; or to section 16 of the Subject to subsections (2) and (3) of this section, if satisﬁed that any land that is— (a) (b) A reserve classiﬁed pursuant Reserves Act 1977; or Held under section 21(2)(a) of the Queen Elizabeth the Second National Trust Act 1977; or Subject to an agreement under section 76 or section 77 of the Reserves Act 1977, section 22 of the Queen Elizabeth the Second National Trust Act 1977, or sec­ tion 52 of the Historic Places Act 1980,— (d) (c) adjoins any river, lake, or stream, for which a water conser­ vation order has been made under the Resource Management Act 1991, or that is otherwise protected, and has, when consid­ ered with the river, lake, or stream, outstanding wild, scenic, or other natural or recreational characteristics, the Minister may, by notice in the Gazette, declare it to be held for the purpose of a watercourse area; and, subject to this Act, it shall thereafter be so held.
(2) No land to which paragraph (c) of subsection (1) of this sec­ tion applies shall be declared to be held for the purpose of a watercourse area under that subsection without the consent of the Queen Elizabeth the Second National Trust.

(3) No land to which paragraph (d) of subsection (1) of this sec­ tion applies shall be declared to be held for the purpose of a watercourse area under that subsection without the consent of its owner.
(4) A watercourse area that was a reserve immediately before it (5) became such an area does not thereby cease to be a reserve.
Subject to any water conservation order or other protective sta­ tus that applies to it, every watercourse area shall so be man­ aged— (a) As to protect the wild, scenic, and other natural or recre­ ational characteristics that it has when considered with the river, lake, or stream, concerned; and That its administration and management are, so far as is practicable, co­ordinated with the administration and management of other watercourse areas.
(b) 89 Part 4 s 23A Conservation Act 1987 Reprinted as at 1 October 2008 (6) The Minister may, after giving public notice of intention to do so, by notice in the Gazette, declare that all or any part of any watercourse area is no longer held for the purpose of a watercourse area.
Subsection (1)(d) was amended, as from 1 October 1991, by section 362 Re­ source Management Act 1991 (1991 No 69) by substituting the words “under the Resource Management Act 1991” for the words “pursuant to the Water and Soil Conservation Act 1967”.
23A Amenity areas Every amenity area shall be so managed— (a) That its indigenous natural resources and its historic re­ sources are protected; and Subject to paragraph (a) of this section, to contribute to and facilitate people’s appreciation of its indigenous natural resources and its historic resources; and Subject to paragraphs (a) and (b) of this section, to foster the recreational attributes of the area.
(b) (c) Sections 23A and 23B were inserted, as from 13 March 1996, by section 8 Con­ servation Amendment Act 1996 (1996 No 1).

23B Wildlife management areas (1) Every wildlife management area shall be so managed— (a) That its wildlife and wildlife habitat values (includ­ ing the capacity for the movement of wildlife, genetic material of indigenous plants, and genetic material of wildlife) are protected; and That its indigenous natural resources and its historic re­ sources are protected.
(b) (2) For the purposes of this section, the term wildlife means any native animal.

Sections 23A and 23B were inserted, as from 13 March 1996, by section 8 Con­ servation Amendment Act 1996 (1996 No 1).

Part 4A Marginal strips Section 24, previously in Part 4 of this Act, was repealed, as from 10 April 1991, and a new Part 4A, comprising sections 24 and 24A to 24J, was inserted, as from 10 April 1991, by section 15 Conservation Law Reform Act 1990 (1990 No 31).
90 Reprinted as at 1 October 2008 Conservation Act 1987 Part 4A s 24 24 Marginal strips reserved (1) (c) There shall be deemed to be reserved from the sale or other disposition of any land by the Crown a strip of land 20 metres wide extending along and abutting the landward margin of— (a) (b) Any foreshore; or The normal level of the bed of any lake not subject to control by artiﬁcial means; or The bed of any river or any stream (not being a canal under the control of a State enterprise within the mean­ ing of section 2 of the State­Owned Enterprises Act 1986 and used by the State enterprise for, or as part of any scheme for, the generation of electricity), being a bed that has an average width of 3 metres or more.
There shall be deemed to be reserved from the sale or other dis­ position by the Crown of any land extending along and abut­ ting the landward margin of any lake controlled by artiﬁcial means a strip of land that— (a) Is 20 metres wide; or (b) Has a width extending from the maximum operating (2) water level to the maximum ﬂood level of the lake,— whichever is the greater.
(2A) Where the Crown proposes to sell or otherwise dispose of any land, the responsible department of State or agency shall no­ tify the Director­General of the proposal; and the sale or other disposition shall have no effect unless and until that require­ ment is complied with.
Every strip of land of any width that, immediately before the commencement of this section, was reserved from sale or other disposition on any Crown land by or under this Act or any other Act, whether or not the strip was reserved for any speci­ ﬁed purpose, shall be deemed to be reserved to the Crown as marginal strip of the same width.
(3) (4) Nothing in this section shall affect any right, title, or interest any person may have in respect of any assets or improvements lawfully existing on any marginal strip at the commencement of this section.

(5) Nothing in this section shall limit or affect section 230 of the Resource Management Act 1991.
91 Part 4A s 24 Conservation Act 1987 Reprinted as at 1 October 2008 (6) Every disposition of any land by the Crown to a State enter­ prise pursuant to the State­Owned Enterprises Act 1986, on or after the commencement of this section (whether the agree­ ment to dispose of that land was entered into before that date or is entered into after that date), shall be deemed to be a dis­ position of land for the purposes of this section.
(7) Notwithstanding subsection (6) of this section, where the free­ hold of any land subject to a lease or licence under the Land Act 1948 is transferred by the Crown to Landcorp Farming Limited, the reservation of any marginal strip on any part of the land to which the lease or licence relates shall not have ef­ fect until either the lease or licence is renewed or the freehold of the area to which the lease or licence relates is transferred to the lessee or licensee, whichever ﬁrst occurs.
(7A) Every disposition of land by the Crown to a Crown Re­ search Institute pursuant to the Crown Research Institutes Act 1992 shall be deemed to be a disposition of land for the purposes of this section.

(7B) Nothing in this section applies to the vesting or proposed vest­ ing of any reserve under section 26 of the Reserves Act 1977.

(7C) Nothing in this section applies to the vesting of a right, title, or interest in reclaimed land under section 355 of the Resource Management Act 1991.
Except as otherwise expressly provided, this section shall ap­ ply to the disposition of any land by the Crown under the pro­ visions of any enactment.
For the purposes of this section, a disposition by the Crown in relation to any land, includes— (a) (8) (9) The grant of a Crown forestry licence under the Crown Forest Assets Act 1989: The grant or renewal of a lease or licence under the Land Act 1948: The vesting, pursuant to the New Zealand Railways Corporation Restructuring Act 1990, of any land held by the Crown or the New Zealand Railways Corpor­ ation in a Crown transferee company within the mean­ ing of section 2 of that Act: (b) (c) 92 Reprinted as at 1 October 2008 Conservation Act 1987 Part 4A s 24A (d) (e) The grant or renewal of a lease or licence of any land pursuant to section 12 of the New Zealand Railways Corporation Restructuring Act 1990: The sale or other disposition of land held by the New Zealand Railways Corporation to a Crown transferee company within the meaning of section 2 of the New Zealand Railways Corporation Restructuring Act 1990 or to any other person.
Section 24 was substituted, as from 10 April 1990, and sections 24A to 24J inserted, as from 10 April 1991, by section 15 Conservation Law Reform Act 1990 (1990 No 31).
Subsection (1)(c) was amended, as 14 May 1999, by section 100 Electricity Industry Reform Act 1998 (1998 No 88) by substituting the words “(not being a canal under the control of a State enterprise within the meaning of section 2 of the State­Owned Enterprises Act 1986 and used by the State enterprise for, or as part of any scheme for, the generation of electricity)” for the words “(not being a canal under the control of the Electricity Corporation of New Zealand Limited used by the Corporation for, or as part of any scheme for, the generation of electricity)”.
See clause 2 Electricity Industry Reform Act (Commencement of Section 100) Order 1999 (SR 1999/115).

Subsection (2A) was inserted, as from 13 March 1996, by section 9(1) Conser­ vation Amendment Act 1996 (1996 No 1).

Subsection (5) was substituted, as from 1 October 1991, by section 362 Re­ source Management Act 1991 (1991 No 69).

Subsection (7) was amended, as from 13 March 1996, by section 9(2) Con­ servation Amendment Act 1996 (1996 No 1) by omitting the words “of New Zealand”.
Subsection (7) was amended, as from 12 April 2001, by clause 4 State­Owned Enterprises (Landcorp Farming Limited) Order 2001 (SR 2001/23) by substitut­ ing the words “Landcorp Farming Limited” for the words “Land Corporation Limited”.

Subsection (7A) was inserted, as from 1 July 1992, by section 46(1) Crown Research Institutes Act 1992 (1992 No 47).

Subsection (7B) was inserted, as from 13 March 1996, by section 9(3) Conser­ vation Amendment Act 1996 (1996 No 1).
Subsection (7C) was inserted, as from 25 November 2004, by section 103(1) Foreshore and Seabed Act 2004 (2004 No 93).

See also section 103(2) and 103(3) of that Act as to the effective commencement of this amendment.

Subsection (9) was substituted, as from 28 August 1990, by section 2 Conser­ vation Amendment Act 1990 (1990 No 106).
24A Power to reduce width of marginal strip (1) Notwithstanding section 24 of this Act, in the case of a marginal strip extending along and abutting the landward 93 Part 4A s 24AA Conservation Act 1987 Reprinted as at 1 October 2008 margin of the sea or a lake, the Minister may, at any time before the disposition by the Crown of the land adjoining the marginal strip, approve the reduction of the width of the strip to not less than 3 metres if he or she is satisﬁed that its value in terms of the purposes speciﬁed in section 24C of this Act will not be diminished.
(2) Notwithstanding section 24 of this Act, in the case of land ex­ tending along and abutting the bed of a river or stream where— The bed is not less than 3 metres in width; and (a) The land (including the marginal strip) contains not (b) more than 2 hectares,— the Minister may, at any time before the disposition by the Crown of the land, approve the reduction of the width of the strip to not less than 3 metres if he or she is satisﬁed that its value in terms of the purposes speciﬁed in section 24C of this Act will not be diminished.
Part 5A, comprising sections 24 to 24J, was inserted, as from 10 April 1990, by section 15 Conservation Law Reform Act 1990 (1990 No 31).

Subsection (1) was amended, as from 13 March 1996, by section 10(1) Conser­ vation Amendment Act 1996 (1996 No 1) by inserting the words “, at any time before the disposition by the Crown of the land adjoining the marginal strip,”.

Subsection (2) was inserted, as from 13 March 1996, by section 10(2) Conser­ vation Amendment Act 1996 (1996 No 1).
24AA Power to increase width of marginal strip (1) Where the Crown proposes to sell or otherwise dispose of any land, the proposal shall be subject to the succeeding provisions of this section.
(2) During the period of 20 working days commencing on the day after the date of the receipt of a notiﬁcation under sec­ tion 24(2A) of this Act in respect of the proposal,— (a) (b) The sale or other disposition shall not proceed; and The Director­General shall notify the responsible de­ partment or agency whether or not he or she intends to investigate the proposal to ascertain whether or not it is appropriate to increase the width of any marginal strip that would be reserved from the sale or other dispos­ ition.
If the Director­General fails to notify the responsible depart­ ment or agency in accordance with subsection (2)(b) of this (3) 94 Reprinted as at 1 October 2008 Conservation Act 1987 Part 4A s 24AA (4) (5) section, the department or agency may proceed with the sale or other disposition after the expiration of the period speciﬁed in that subsection and section 24 of this Act shall apply ac­ cordingly.
If the Director­General notiﬁes the responsible department or agency in accordance with subsection (2)(b) of this section that he or she intends to investigate the proposal,— (a) The prohibition contained in subsection (2)(a) of this section shall be deemed to be extended by a further 20 working days; and (b) During that further period of 20 working days, the Min­ ister shall advise the responsible department or agency whether or not he or she requires the reservation of a marginal strip having a width exceeding 20 metres, and, where the Minister requires the reservation of such a marginal strip, he or she shall also specify the width of the marginal strip to be reserved.
In considering whether to require the reservation of any marginal strip having a width exceeding 20 metres, the Min­ ister shall have regard to whether increasing the width of the marginal strip is necessary— (a) (b) To provide effective access along the strip; and To maintain the value of the strip in terms of the pur­ poses speciﬁed in section 24C of this Act.
(6) Where the reservation of any marginal strip under section 24(1) of this Act creates a residual area of land that is of such size or shape that it has little or no potential use either alone or in conjunction with the remainder of the land being sold or disposed of, that residual area of land may be added to the marginal strip by agreement between the responsible department or agency, and the Minister.
(7) Where the disposition takes the form of the renewal of a lease or licence under the Land Act 1948 that is referred to in section 24(7) of this Act, the lessee or licensee is entitled to a reduction in rent or fees or royalties for any injurious affection to the lessee or licensee caused by any reservation of a marginal strip having a width exceeding 20 metres.
95 Part 4A s 24B Conservation Act 1987 Reprinted as at 1 October 2008 (8) Any reduction in rent or fees or royalties payable under this section shall be assessed by the Minister responsible for the administration of the land.

(9) A lessee or licensee shall not be entitled to a reduction in rent or fees or royalties by reason only of any increase in the width of any marginal strip.
(10) The costs of and incidental to the investigation and assessment of increasing the width of any marginal strip shall be paid by the Director­General.

(11) The Minister may require that the whole or any part of a marginal strip be of a width exceeding 20 metres.

Part 5A, comprising sections 24 to 24J, was inserted, as from 10 April 1990, by section 15 Conservation Law Reform Act 1990 (1990 No 31).
Section 24AA was inserted, as from 13 March 1996, by section 11 Conservation Amendment Act 1996 (1996 No 1).
24B Power to declare certain dispositions to be exempt from (1) (2) section 24 Subject to subsection (2) of this section, the Minister may at any time before the disposition by the Crown of any land ex­ tending along and abutting the bed of any river or stream (be­ ing a bed of not less than 3 metres in width), by notice in the Gazette, declare that section 24 of this Act shall not apply to the proposed disposition.
The Minister may make a declaration under subsection (1) of this section only if satisﬁed— (a) That the land has little or no value in terms of the pur­ poses speciﬁed in section 24C of this Act; or That any value the land has in those terms can be pro­ tected effectively by another means.
(b) (3) Notwithstanding subsection (2) of this section, where the Min­ ister proposes to grant an exemption under this section in re­ spect of the renewal of a lease or licence under the Land Act 1948 but is precluded from doing so by that subsection, the Minister may grant the exemption if satisﬁed that the proposal is equitable and in the public interest.
The Minister may, by notice in the Gazette, declare that section 24 of this Act shall not apply to any proposed disposition of— (4) 96 Reprinted as at 1 October 2008 Conservation Act 1987 Part 4A s 24B (a) (b) Land that is part of the core assets of a State enterprise within the meaning of section 2 of the State­Owned Enterprises Act 1986 that is a generator of electricity; or Land that is required in connection with electricity works.
(6) (5) A notice under subsection (4)(a) of this section shall have ef­ fect only so long as the core assets concerned remain assets of the State enterprise.
For the purposes of subsection (4)(a) of this section, the term core assets means— (a) Any aqueduct, bridge, boom anchor, canal, control gate, dam, ﬂume, headrace, penstock, power station, screen, spillway, switching gear, surge chamber, tailrace, trans­ mission tower, tunnel, or weir, used by a State enterprise within the meaning of the State­Owned Enterprises Act 1986 for or in connection with the generation, transmis­ sion, or supply of electricity; or (b) Any similar structure or device so used.
(7) Nothing in section 24 of this Act shall apply to any disposition in respect of which a notice is given under this section.

Part 5A, comprising sections 24 to 24J, was inserted, as from 10 April 1990, by section 15 Conservation Law Reform Act 1990 (1990 No 31).
Subsection (4)(a) was amended, as from 14 May 1999, by section 100 Electri­ city Industry Reform Act 1998 (1998 No 88) by substituting the words “a State enterprise within the meaning of section 2 of the State­Owned Enterprises Act 1986 that is a generator of electricity” for the words “the Electricity Corpor­ ation of New Zealand Limited”.

See clause 2 Electricity Industry Reform Act (Commencement of Section 100) Order 1999 (SR 1999/115).
Subsection (5) was amended, as from 14 May 1999, by section 100 Electricity Industry Reform Act 1998 (1998 No 88) by substituting the words “State en­ terprise” for the word “Corporation”.

See clause 2 Electricity Industry Reform Act (Commencement of Section 100) Order 1999 (SR 1999/115).
Subsection (6)(a) was amended, as from 14 May 1999, by section 100 Electri­ city Industry Reform Act 1998 (1998 No 88) by substituting the words “used by a State enterprise within the meaning of the State­Owned Enterprises Act 1986 for or in connection with the generation, transmission, or supply of electricity” for the words “used by the Electricity Corporation of New Zealand Limited for or in connection with the generation, transmission, or supply of electricity”.
See clause 2 Electricity Industry Reform Act (Commencement of Section 100) Order 1999 (SR 1999/115).
97 Part 4A s 24BA Conservation Act 1987 Reprinted as at 1 October 2008 24BA Notiﬁcation of intention to reduce marginal strip or to grant exemption (1) Where the Minister receives an application under section 24A (which relates to the reduction of the width of marginal strips) or section 24B (which relates to exemptions) of this Act, the Minister shall consult the relevant Conservation Board and Fish and Game Council.
(2) On being satisﬁed that it is reasonable in the circumstances to do so, the relevant Conservation Board or Fish and Game Council may request the Minister to publicly notify the pro­ posal.

(4) (3) On receipt of a request under subsection (2) of this section that the Minister considers reasonable in the circumstances, the Minister may publicly notify the proposal and section 49(1) of this Act shall apply accordingly; but the Minister is not obliged to publicly notify the proposal.
In considering whether or not it is reasonable in the circum­ stances to publicly notify an application, the Conservation Board or Fish and Game Council or the Minister, as the case may be, shall have regard to— (a) (b) (c) The purposes speciﬁed in section 24C of this Act; and The interests of the public in marginal strips; and The potential costs of notiﬁcation (including the costs of public notiﬁcation) that are likely to be incurred by the seller and the purchaser of the land.
(5) The responsible department or agency disposing of the land shall pay to the Minister all the costs of and incidental to the public notiﬁcation of the proposal in accordance with section 49 of this Act.

Part 5A, comprising sections 24 to 24J, was inserted, as from 10 April 1990, by section 15 Conservation Law Reform Act 1990 (1990 No 31).

Section 24BA was inserted, as from 13 March 1996, by section 12 Conservation Amendment Act 1996 (1996 No 1).
24C Purposes of marginal strips Subject to this Act and any other Act, all marginal strips shall be held under this Act— (a) For conservation purposes, in particular— 98 Reprinted as at 1 October 2008 (i) Conservation Act 1987 Part 4A s 24D The maintenance of adjacent watercourses or bodies of water; and The maintenance of water quality; and (ii) (iii) The maintenance of aquatic life and the control of harmful species of aquatic life; and (iv) The protection of the marginal strips and their natural values; and (b) (c) To enable public access to any adjacent watercourses or bodies of water; and For public recreational use of the marginal strips and adjacent watercourses or bodies of water.
Part 5A, comprising sections 24 to 24J, was inserted, as from 10 April 1990, by section 15 Conservation Law Reform Act 1990 (1990 No 31).
24D Reservation of marginal strips to be recorded (1) Upon the registration of any disposition by the Crown of any land under the Land Transfer Act 1952, the District Land Registrar of the land registration district affected shall, without fee, record on the certiﬁcate of title for that land a statement to the effect that the land to which the certiﬁcate of title relates is subject to this Part of this Act.
(1A) Upon being notiﬁed of any reduction in the width of any marginal strip under section 24A or any increase in the width of any marginal strip under section 24AA or any exemption under section 24B of this Act, where there is a certiﬁcate of title for the land under the Land Transfer Act 1952, the District Land Registrar shall, without fee, record the reduction or increase or exemption on the certiﬁcate of title.
(2) Upon being notiﬁed of any disposition by the Crown of any land not registered under the Land Transfer Act 1952, the Chief Surveyor shall, without fee, record on the proper plans and records of the land registration district affected a statement to the effect that the land so transferred is subject to this Part of this Act.
(2A) Upon being notiﬁed of any reduction in the width of any marginal strip under section 24A or any increase in the width of any marginal strip under section 24AA or any exemption under section 24B of this Act, where the land is not registered under the Land Transfer Act 1952, the Chief Surveyor shall, 99 Part 4A s 24D Conservation Act 1987 Reprinted as at 1 October 2008 (3) without fee, record the reduction or increase or exemption on the proper plans and records.
The Chief Surveyor shall, without fee, in the manner the Chief Surveyor considers most appropriate, cause the proper plans of every land registration district to show the marginal strips (in­ cluding details of the reduction in the width of any marginal strip under section 24A or the increase in the width of any marginal strip under section 24AA of this Act) within that dis­ trict.
(4) All land that is subject to this Part of this Act shall remain subject to this Part and the statements speciﬁed in subsections (1) and (2) of this section shall continue to be recorded on the certiﬁcates of title for that land and on all subsequent cer­ tiﬁcates of title for that land and on all the proper plans and records of the land registration district affected, as the case may be, notwithstanding— (a) (b) Any subsequent transfer by sale or otherwise of that Any subsequent subdivision of that land; or land.
(5) (6) Every statement recorded on a certiﬁcate of title in compliance with subsection (1) of this section shall be deemed to sufﬁ­ ciently protect any reservation made by this Part of this Act in respect of any portion of the land comprised in that certiﬁ­ cate of title, and no certiﬁcate of title shall be impeached on the ground of uncertainty or otherwise on account of any such reservation.
The land comprised in any certiﬁcate of title that bears a state­ ment recorded in compliance with subsection (1) of this sec­ tion— (a) Shall be deemed to be all the land described in that cer­ tiﬁcate of title, with the exception of any portion that is deemed to be reserved as marginal strip under this Part of this Act; and (b) May be deﬁned for the purposes of the issue of a cer­ tiﬁcate of title as if this Part of this Act had not been passed.
(7) Notwithstanding anything in the Land Transfer Act 1952, land reserved as marginal strip under section 24 of this Act shall not be required to be surveyed for the purposes of that Act.

100 Reprinted as at 1 October 2008 Conservation Act 1987 Part 4A s 24F Part 5A, comprising sections 24 to 24J, was inserted, as from 10 April 1990, by section 15 Conservation Law Reform Act 1990 (1990 No 31).
Subsection (1A) was inserted, as from 13 March 1996, by section 13(1) Con­ servation Amendment Act 1996 (1996 No 1).

Subsection (2A) was inserted, as from 13 March 1996, by section 13(2) Con­ servation Amendment Act 1996 (1996 No 1).
Subsection (3) was amended, as from 13 March 1996, by section 13(3) Conser­ vation Amendment Act 1996 (1996 No 1) by inserting the words “(including details of the reduction in the width of any marginal strip under section 24A or the increase in the width of any marginal strip under section 24AA of this Act)”.

24E Exchange of marginal strips (1) (2) (3) (4) (5) The Minister may, by notice in the Gazette, authorise the ex­ change of any marginal strip for another strip of land.
The Minister shall not authorise the exchange of any marginal strip unless the Minister is satisﬁed that the exchange will bet­ ter achieve the purposes speciﬁed in section 24C of this Act.

The land taken by the Crown in exchange for any marginal strip shall be deemed to be reserved as marginal strip.
The Minister may authorise the payment or receipt by the Crown of money by way of equality of exchange in any case under this section; and all money so received shall be paid into the Department of Conservation Grants and Gifts Trust Account, and shall be applied, without further appropriation than this section, for the purposes of this Act.

The Minister or the Director­General may, on behalf of the Crown, do all such things as may be necessary to effect any exchange authorised under this section.
(6) District Land Registrars are hereby authorised and directed to make such entries in registers and do all such other things as may be necessary to give effect to exchanges authorised under this section.

Part 5A, comprising sections 24 to 24J, was inserted, as from 10 April 1990, by section 15 Conservation Law Reform Act 1990 (1990 No 31).
24F Right of Crown to half of bed of river adjoining former land of the Crown Notwithstanding any other enactment or rule of law, where the Crown owns part of the bed of a non­navigable river or stream adjoining any land (being a bed of not less than 3 metres in 101 Part 4A s 24G Conservation Act 1987 Reprinted as at 1 October 2008 width) and disposes of that land, that part of the bed of that river or stream shall remain owned by the Crown.
Part 5A, comprising sections 24 to 24J, was inserted, as from 10 April 1990, by section 15 Conservation Law Reform Act 1990 (1990 No 31).
24G Effect of change to boundary of marginal strips (1) Where, for any reason, the shape of any foreshore or of the margin of any lake or reservoir or of any bay or inlet of any lake or reservoir is altered and the alteration affects an existing marginal strip, a new marginal strip shall be deemed to have been reserved simultaneously with each and every such alter­ ation.
(2) Where, for any reason, the course of any river or stream is altered and the alteration affects an existing marginal strip, a new marginal strip shall be deemed to have been reserved simultaneously with each and every such alteration.
(3) With respect to any foreshore, to any lake or reservoir and to any bay or inlet of any lake or reservoir, and to any river or stream, a marginal strip shall be reserved by subsection (1) or subsection (2) of this section on all land of the Crown, and on all land the title to which is subject to this Part of this Act, and on no other land.
Every marginal strip reserved by subsection (1) or subsection (2) of this section shall be of such dimensions and be situ­ ated as if the marginal strip had been reserved under section 24 of this Act, and shall extinguish either in whole or in part, as the case may require, the existing reservation of the existing marginal strip which would have continued but for the alter­ ations referred to in those subsections.
(4) (5) Nothing in this section shall affect any right, title, or interest any person may have in respect of any assets or improvements existing on any marginal strip at the time such marginal strip is reserved by subsection (1) or subsection (2) of this section.

Subject to this section, the provisions of this Act shall apply to every marginal strip reserved by subsection (1) or subsection (2) of this section as if such marginal strip had been reserved by section 24 of this Act.
(6) (7) Nothing in this section shall apply to any marginal strip re­ served by section 24(3) of this Act.

102 Reprinted as at 1 October 2008 Conservation Act 1987 Part 4A s 24H Part 5A, comprising sections 24 to 24J, was inserted, as from 10 April 1990, by section 15 Conservation Law Reform Act 1990 (1990 No 31).

24H Management of marginal strips (1) (2) (3) (4) (5) (6) (b) The Minister may from time to time appoint suitable persons to be managers of marginal strips.
Subject to subsection (6)(c) of this section, the Minister may appoint one of the following persons to be the manager of any marginal strip: (a) The owner for the time being of the land adjoining that strip: Some other suitable person, if the Minister considers that person to be more suitable than the adjoining owner.
The Crown shall manage all marginal strips around controlled lakes and reservoirs; but any costs relating to any such strip that are costs arising out of electricity generation in the area of the strip shall be payable by the person or body responsible for that electricity generation.
Subject to this section, the manager of a marginal strip shall— (a) Manage the strip in a way that best serves the purposes (b) speciﬁed in section 24C of this Act; and Enable members of the public to have access along the strip.
Subject to this section, the manager of a marginal strip may make improvements to the strip, and the improvements may include such planting or harvesting of crops or trees as may be provided for in any Crown forestry licence under the Crown Forest Assets Act 1989 affecting or relating to the strip or in any agreement between the manager and the Crown.
In the case of the holder of a Crown forestry licence under the Crown Forest Assets Act 1989, the following provisions shall also apply: (a) The licence holder may manage and harvest exotic plan­ tation trees existing at the time of the grant of the licence on any marginal strip adjoining the land to which the li­ cence relates: The licence holder may carry out one replanting of such trees on the strip: (b) 103 Part 4A s 24H Conservation Act 1987 Reprinted as at 1 October 2008 (7) (8) (9) (c) The Minister may appoint either the licence holder or the Director­General to be manager of the strip, but shall not appoint any other person to be the manager.
The manager of a marginal strip may request the Minister to close temporarily the strip under section 13 of this Act where any operation proposed on the strip will signiﬁcantly affect public safety or where ﬁre hazard conditions exist.
The manager of a marginal strip shall comply with any rea­ sonable requirements or restrictions imposed in respect of the strip by the Minister by notice in writing to the manager; and the Minister shall impose such requirements or restrictions, or both, as the Minister considers reasonably necessary or ex­ pedient to protect the strip, having particular regard to the maintenance of riparian vegetation, wildlife, water quality, the health of aquatic life, and to maintain access to and the recre­ ational use of the strip.
The Minister shall not require the manager of any marginal strip to fence off any part of that strip, or to undertake any other works on or relating to that strip, unless the expenses associated with such fencing or other works are borne by the Crown.
(10) The Minister shall consult the appropriate manager where— An application for a licence to mine in a marginal strip is being considered; or (a) (b) Any complaint relating to a marginal strip is being in­ (c) vestigated; or Any requirement or restriction under subsection (8) of this section is being proposed.
(11) The manager of a marginal strip shall obtain the written con­ sent of the Minister before making any signiﬁcant change to the management regime of the strip, and before making or erecting any signiﬁcant improvements to or on the strip.

(12) Subject to subsection (9) of this section, any expense incurred by a manager under this section shall be borne by the manager.
(13) Every manager of a marginal strip commits an offence who— Knowingly damages the marginal strip or causes to be damaged the strip or any part of it; or (a) 104 Reprinted as at 1 October 2008 Conservation Act 1987 Part 4A s 24J (b) Knowingly uses the marginal strip for any purpose con­ trary to any provision of or to any requirement imposed under this Part of this Act.
Part 5A, comprising sections 24 to 24J, was inserted, as from 10 April 1990, by section 15 Conservation Law Reform Act 1990 (1990 No 31).

24I Easements [Repealed] Part 5A, comprising sections 24 to 24J, was inserted, as from 10 April 1990, by section 15 Conservation Law Reform Act 1990 (1990 No 31).

Section 24I was repealed, as from 1 July 1996, by section 15(1) Conservation Amendment Act 1996 (1996 No 1).
24J Resumption of marginal strips by Crown (1) On giving 90 days notice in writing to the manager of a marginal strip or such longer period not exceeding 6 months as may be provided for in any agreement between the manager and the Crown, the Minister, on behalf of the Crown, may resume the management of the strip.
Subject to subsection (3) of this section, where the Crown re­ sumes the management of a marginal strip, it shall be liable to pay to the manager of the strip— (a) Compensation for any improvements made to the strip by the manager; and The manager’s reasonable administration costs associ­ ated with the Crown’s resumption of the strip.
(2) (b) (4) (3) A manager shall have no right to be compensated for improve­ ments made to or erected on the marginal strip without the prior consent of the Minister as required by section 24H(11) of this Act.

If there is any dispute or difference between the manager of any marginal strip and the Crown as to any amount the Crown is liable to pay under subsection (2) of this section, the amount shall be ﬁxed by arbitration in accordance with the Arbitration Act 1996.
For the purposes of any such arbitration, this section shall be deemed to be a submission to arbitration within the meaning of the Arbitration Act 1996, and the reference shall be deemed (5) 105 Part 4A s 24K Conservation Act 1987 Reprinted as at 1 October 2008 to be to 2 arbitrators, one to be appointed by the Minister, and the other by the manager.
(6) Notwithstanding subsection (4) of this section, the parties may agree on the amount to be paid under subsection (2) of this sec­ tion, either before or after the matter is submitted to arbitration, and, if the agreement is made after the date of any award of ar­ bitration, the award shall be deemed to be cancelled.

Part 5A, comprising sections 24 to 24J, was inserted, as from 10 April 1990, by section 15 Conservation Law Reform Act 1990 (1990 No 31).
The “Arbitration Act 1996” referred to in subsections (4) and (5) repealed, as from 1 July 1997, the “Arbitration Act 1908”.
24K Provisions applying in relation to land vested under New Zealand Railways Corporation Restructuring Act 1990 In this section and in section 24L of this Act— Crown transferee company has the same meaning as in sec­ tion 2 of the New Zealand Railways Corporation Restructuring Act 1990 Railway operator has the same meaning as in section 2 of the New Zealand Railways Corporation Restructuring Act 1990.
The provisions of section 24D of this Act shall apply in rela­ tion to a disposition of land of the kind referred to in section 24(9)(c) of this Act with such modiﬁcations as shall be neces­ sary and as if the reference in subsection (1) of that section to the registration of any disposition by the Crown were a refer­ ence to the registration of a Crown transferee company as the proprietor of the land in accordance with section 9(1)(a) of the New Zealand Railways Corporation Restructuring Act 1990.
This Part of this Act (except section 24L) does not apply to— Land within an area of 25 metres of a line drawn mid­ (a) way between the rails of a railway line: Land approved by the Minister by notice in the Gazette as being required for the purpose of an alteration to the route of an existing railway line.
(b) The Minister shall give a notice under subsection (3)(b) of this section in any case where he or she is satisﬁed that— (a) The land is reasonably required for the purposes of al­ tering the route of the railway line; and (1) (2) (3) (4) 106 Reprinted as at 1 October 2008 (b) Conservation Act 1987 Part 4A s 24K The value in terms of the purposes speciﬁed in section 24C of this Act of the land adjacent to the railway line will not be diminished any more than is reasonably ne­ cessary for the purposes of the proposed alterations to the railway line.
(5) In giving an approval under subsection (3)(b) of this section the Minister may impose such conditions as he or she thinks ﬁt in connection with the construction of the proposed alterations to the railway line.
(6) Where, in relation to land of the kind referred to in subsec­ tion (3)(b) of this section, a statement that the land is subject to this Part of this Act has, in accordance with section 24D of this Act, been recorded on the certiﬁcate of title to the land or on the proper plans and records of the land registration dis­ trict affected, the District Land Registrar of the land registra­ tion district affected or the Chief Surveyor, as the case may be, shall make such alterations to any existing certiﬁcates of title for that land or to the plans and records of the land registration district, as the case may be, as shall be necessary for the pur­ pose of recording the fact that the land is no longer subject to this Part of this Act.
(7) Where, in relation to any land of the kind referred to in sub­ (c) section (3) of this section,— (a) (b) The railway line is removed permanently; or The railway line ceases to be operated by a railway op­ erator; or In the case of land referred to in a notice in the Gazette published under subsection (3)(b) of this section, the Minister declares, by notice in the Gazette, that the land or any part of it is no longer required for the purposes of the alteration to the railway line— as the case may be,— the land shall immediately become subject to this Part of this Act and the provisions of section 24D of this Act shall apply with such modiﬁcations as shall be necessary and as if— (d) The reference in subsection (1) of that section to the registration of any disposition by the Crown were a ref­ erence to land becoming subject to this Part of this Act by virtue of this subsection; and 107 Part 4A s 24L Conservation Act 1987 Reprinted as at 1 October 2008 (e) The reference in subsection (2) of that section to notiﬁ­ cation of any disposition by the Crown were a reference to notiﬁcation of land becoming subject to this Part of this Act by virtue of this subsection.
(8) Nothing in this Part of this Act limits or affects the appli­ cation of sections 30 and 31 of the New Zealand Railways Corporation Act 1981 or section 31 of the New Zealand Railways Corporation Restructuring Act 1990.

Sections 24K and 24L were inserted, as from 28 August 1990, by section 3 Conservation Amendment Act 1990 (1990 No 106).
24L Public access rights Every railway operator must allow members of the public to have access on foot over land that would, but for subsection (3) of section 24K of this Act, be reserved as a marginal strip, except land that is within 5 metres of a line drawn midway between the rails of a railway line, unless, in the opinion of the railway operator, such access would be likely to endanger the safety of persons or property.
Section 24K and 24L were inserted, as from 28 August 1990, by section 3 Con­ servation Amendment Act 1990 (1990 No 106).

Part 5 Stewardship areas 25 Management of stewardship areas Every stewardship area shall so be managed that its natural and historic resources are protected.

Disposal of stewardship areas Subject to subsections (2) and (3) of this section, the Minister may dispose of any stewardship area that is not foreshore or any interest in any stewardship area that is not foreshore.
The Minister shall not dispose of any land or any interest in any land adjacent to— (a) (b) Any conservation area that is not a stewardship area; or Land administered by the Department under some en­ actment other than this Act,— 26 (1) (2) 108 Reprinted as at 1 October 2008 Conservation Act 1987 Part 5 s 26 unless satisﬁed that its retention and continued management as a stewardship area would not materially enhance the conser­ vation or recreational values of the adjacent conservation area or land or, in the case of any marginal strip, of the adjacent water, or public access to it.
The Minister shall not dispose of any land or any interest in land without ﬁrst giving notice of intention to do so; and sec­ tion 49 of this Act shall apply accordingly.

(3) (4) Upon being disposed of under this section, the land or interest in land shall cease to be held for conservation purposes.
(5) As soon as is practicable after disposing of any land or interest in land, the Minister shall publish in the Gazette a notice— (a) (b) Describing the area concerned; and Specifying the interest and the revenue (or, where the interest was disposed of by way of exchange or part exchange, the consideration) received for it.

(6) Any disposal under this section may be effected by transfer under the Land Transfer Act 1952.
(7) A District Land Registrar shall accept any such transfer as conclusive evidence that the land or interest concerned is no longer required for conservation purposes.

(8) Nothing in this section shall affect any application for or grant of any concession under Part 3B of this Act over a stewardship area or an interest in a stewardship area.
Subsection (1) was amended, as from 10 April 1990, by section 16(1)(a) Con­ servation Law Reform Act 1990 (1990 No 31) by inserting the words “any stewardship area that is not foreshore or”.

Subsections (2) and (3) were amended, as from 10 April 1990, by section 16(1)(b) and (c) Conservation Law Reform Act 1990 (1990 No 31) by inserting the words “any land or”.
Subsection (4) was amended, as from 10 April 1990, by section 16(1)(d) Con­ servation Law Reform Act 1990 (1990 No 31) by substituting the words “the land or interest in land” for the words “an interest in land”.

Subsection (5) was amended, as from 10 April 1990, by section 16(1)(e) Con­ servation Law Reform Act 1990 (1990 No 31) by inserting the words “land or”.

Subsections (6) and (7) were inserted, as from 10 April 1990, by section 16(2) Conservation Law Reform Act 1990 (1990 No 31).
Subsection (8) was inserted, as from 1 July 1996, by section 14 Conservation Amendment Act 1996 (1996 No 1).

109 Part 5A s 26A Conservation Act 1987 Reprinted as at 1 October 2008 Part 5A Sports ﬁsh and game councils Part 5A, comprising sections 26A to 26ZF, was inserted, as from 10 April 1990, by section 17 Conservation Law Reform Act 1990 (1990 No 31).
Functions of Minister 26A Functions of Minister (1) The functions of the Minister in relation to the conservation and management of sports ﬁsh and game shall be— (a) (b) (c) (d) (e) To approve policies and management plans for sports ﬁsh and game, and their habitats: To recommend to the Governor­General the making of any necessary Orders in Council under section 2(3) of this Act: To deﬁne not more than 12 regions for the purposes of this Part of this Act, by notice in the Gazette; and the Minister may in like manner— (i) Alter the boundaries of any region by including any deﬁned area in the region, or by excluding any deﬁned area from the region and including that area in any other region: (ii) Abolish any region and include any part or parts of that region in any other region: To establish, by notice in the Gazette, rules for the con­ duct of the meetings of the New Zealand Fish and Game Council, and model rules for the conduct of Fish and Game Council meetings; and any such rules may in like manner be amended or revoked: To approve annual operational work plans or provi­ sions in such plans relating to the management of those species of sports ﬁsh or game for which there is no man­ agement plan.
The Minister shall have all such powers as are reasonably ne­ cessary or expedient to enable the Minister to carry out the Minister’s functions under this section.

Part 5A, comprising sections 26A to 26ZF, was inserted, as from 10 April 1990, by section 17 Conservation Law Reform Act 1990 (1990 No 31).
(2) 110 Reprinted as at 1 October 2008 Conservation Act 1987 Part 5A s 26C New Zealand Fish and Game Council 26B New Zealand Fish and Game Council established (1) There is hereby established a council to be called the New Zealand Fish and Game Council to represent nationally the interests of anglers and hunters and provide co­ordination of the management, enhancement, and maintenance of sports ﬁsh and game.
The New Zealand Fish and Game Council shall be a body cor­ porate with perpetual succession and a common seal, and, ex­ cept as provided in this Act, shall have— (a) The rights, powers, and privileges of a natural person; and The power to do anything it is authorised to do by or under— (i) (ii) Any other enactment; or (iii) Any rule of law.

This Act; or (b) The New Zealand Fish and Game Council shall not exercise any of its rights, powers, or privileges except for the purpose of performing its functions.
Part 5A, comprising sections 26A to 26ZF, was inserted, as from 10 April 1990, by section 17 Conservation Law Reform Act 1990 (1990 No 31).

See section 47 of that Act for the transitional provisions.

Section 26B was brought into force, as from 19 July 1990, by regulation 2 Con­ servation Act Commencement Order (No 2) 1990 (SR 1990/169).

Subsections (2) and (3) were inserted, as from 25 November 1994, by section 9 Conservation Amendment Act 1994 (1994 No 108).
(2) (3) 26C Functions of New Zealand Fish and Game Council (1) The functions of the New Zealand Fish and Game Council shall be— (a) To develop, in consultation with Fish and Game Coun­ cils, national policies for the carrying out of its functions for sports ﬁsh and game, and the effective implementa­ tion of relevant general policies established under the Wildlife Act 1953 and this Act: To advise the Minister on issues relating to sports ﬁsh and game: (b) 111 Part 5A s 26C Conservation Act 1987 Reprinted as at 1 October 2008 (c) (ba) To co­ordinate the preparation and recommendation, for the Minister’s approval, of Anglers Notices and notices for game seasons; to advise the Minister in relation to such matters; and to publish in the Gazette Anglers No­ tices and notices for game seasons:.
To participate, with the Director­General and other interested parties, in the development of a research programme promoting the management of sports ﬁsh and game: To oversee the electoral system by which members of Fish and Game Councils are elected: To recommend to the Minister an appropriate fee for ﬁshing and hunting licences, after having regard to the views and recommendations of Fish and Game Coun­ cils: (d) (e) (f) (ea) To recommend to the Minister fees for game hunting guide licences and sports ﬁshing guide licences, after having regard to views and recommendations of Fish and Game Councils: To determine, in consultation with Fish and Game Councils, the amount of the levy payable by Fish and Game Councils to the New Zealand Fish and Game Council, from licence sales, for— (i) The administration of the New Zealand Fish and Game Council; and Redistribution between Fish and Game Councils; and (ii) (g) (iii) Advocacy and research: To advocate generally and in any statutory planning process the interests of the New Zealand Fish and Game Council and, with its agreement, of any Fish and Game Council in the management of sports ﬁsh and game, and habitats: To provide regular reports to Fish and Game Councils: (h) To liaise with the New Zealand Conservation Authority: (i) (j) To audit the activities of Fish and Game Councils: (ja) To recommend to the Minister, after having regard to the views and recommendations (if any) of Fish and Game Councils and the New Zealand Game Bird Habitat Trust 112 Reprinted as at 1 October 2008 Conservation Act 1987 Part 5A s 26E (2) Board, an appropriate fee in respect of any game bird habitat stamp and the form of such stamps: (jb) To sell or arrange the sale of, in New Zealand or outside New Zealand, game bird habitat stamps and associated products: To perform such other sports ﬁsh and game functions as the Minister may require.
(k) The New Zealand Fish and Game Council shall have such other functions as are conferred on it by or under this Act or any other Act.

Part 5A, comprising sections 26A to 26ZF, was inserted, as from 10 April 1990, by section 17 Conservation Law Reform Act 1990 (1990 No 31).

Subsection (1)(ca) and (ea) were inserted, as from 13 March 1996, by section 16(1) and (2) Conservation Amendment Act 1996 (1996 No 1).

Subsection (1)(ja) and (jb) were inserted, as from 17 May 1993, by section 6 of 1993 No 39.
26D Membership (1) (2) The New Zealand Fish and Game Council shall consist of persons appointed as members of the New Zealand Fish and Game Council by Fish and Game Councils.

Each Fish and Game Council shall be entitled, in accordance with any regulations made under section 48 of this Act, to appoint one of its members to be a member of the New Zealand Fish and Game Council, and any person so appointed may from time to time be reappointed.
Part 5A, comprising sections 26A to 26ZF, was inserted, as from 10 April 1990, by section 17 Conservation Law Reform Act 1990 (1990 No 31).

26DA Members not personally liable No member of the New Zealand Fish and Game Council shall be personally liable for any default made by the Council or any member of it, in good faith in the course of its operations.

Section 26DA was inserted, as from 17 May 1993, by section 6 Wildlife Amend­ ment Act 1993 (1993 No 39).
26E Co­opted members (1) The New Zealand Fish and Game Council may co­opt for such term as it thinks ﬁt any suitable person or persons to be a mem­ ber or members of the Council.

113 Part 5A s 26F Conservation Act 1987 Reprinted as at 1 October 2008 (2) A co­opted member of the Council shall be entitled to attend and speak at any meeting of the Council, but shall not be en­ titled to vote on any question.
Part 5A, comprising sections 26A to 26ZF, was inserted, as from 10 April 1990, by section 17 Conservation Law Reform Act 1990 (1990 No 31).

26F Powers of New Zealand Fish and Game Council (1) The New Zealand Fish and Game Council shall have all such powers as are reasonably necessary or expedient to enable it to carry out its functions.
(2) Without limiting the generality of subsection (1) of this sec­ tion, the New Zealand Fish and Game Council may— (a) Makes sic: Make rules for the conduct of its business and ﬁnancial requirements: (c) (b) Appoint a manager and other staff for the efﬁcient and economic administration of the affairs of the Council: Expend money received by it from any source arising under this Act for the purposes of carrying out its func­ tions under this Act: Enter into contracts to provide services and enter into contracts on behalf of, and subject to the authorisation of, any Fish and Game Council.
(d) For the purposes of section 26C(1)(g) of this Act, the New Zealand Fish and Game Council shall be entitled to appear before courts and tribunals in New Zealand and be heard on matters affecting or relating to the Council’s functions.

Part 5A, comprising sections 26A to 26ZF, was inserted, as from 10 April 1990, by section 17 Conservation Law Reform Act 1990 (1990 No 31).
Subsection (2)(d) was amended, as from 17 May 1993, by section 6 Wildlife Amendment Act 1993 (1993 No 39) by inserting the words “and enter into contracts on behalf of, and subject to the authorisation of, any Fish and Game Council”.

Subsections (4) and (5) were inserted, as from 25 November 1994, by section 10 Conservation Amendment Act 1994 (1994 No 108).

Subsections (4) and (5) were repealed, as from 25 January 2005, by section 37(1) Public Finance Amendment Act 2004 (2004 No 113).
(3) (4) (5) 114 Reprinted as at 1 October 2008 Conservation Act 1987 Part 5A s 26FA 26FA Appointment of ﬁsh and game rangers (1) The Director may from time to time appoint employees of the New Zealand Fish and Game Council or employees of any Fish and Game Council to be ﬁsh and game rangers for the purposes of this Act.

The Director may from time to time appoint other suitable per­ sons to be ﬁsh and game rangers in an honorary capacity for the purposes of this Act.
(2) (3) A ﬁsh and game ranger may be appointed— (a) (b) For a particular region or area or areas or to act generally throughout New Zealand: For a particular purpose or general purposes speciﬁed in the warrant issued to that person.

(4) Every ﬁsh and game ranger appointed under subsection (2) of this section shall be appointed for a term not exceeding 3 years speciﬁed by the Director; but may be reappointed.
(5) Any ﬁsh and game ranger appointed under subsection (2) of this section may at any time be removed from ofﬁce by the Director for incapacity, neglect of duty, or misconduct proved to the satisfaction of the Director, or may at any time resign ofﬁce by writing addressed to the Director.

Every person shall, on ceasing to be a ﬁsh and game ranger, surrender to the Director the warrant of appointment, any badge of ofﬁce, and any article of uniform issued to that person.
(6) (8) (7) No ﬁsh and game ranger shall be regarded as an employee of the New Zealand Fish and Game Council by reason only of the appointment of that person under this section.

The Director shall give every ﬁsh and game ranger a written warrant, signed by or on behalf of the Director, evidencing the appointment; and the production of the warrant shall, in the absence of proof to the contrary, be conclusive evidence of the appointment.
Every person who is a member of the Police shall be deemed to be a ﬁsh and game ranger.
(9) (10) There may be paid to any ﬁsh and game ranger appointed under subsection (2) of this section, by the New Zealand Fish and Game Council or any Fish and Game Council, reimburse­ 115 Part 5A s 26FB Conservation Act 1987 Reprinted as at 1 October 2008 ment of the actual and reasonable expenses incurred in the course of acting as a ﬁsh and game ranger, if the Director has given prior authorisation and has subsequently approved the amount of the expenses.
Part 5A, comprising sections 26A to 26ZF, was inserted, as from 10 April 1990, by section 17 Conservation Law Reform Act 1990 (1990 No 31).

Sections 26FA to 26FC were inserted, as from 25 November 1994, by section 11(1) Conservation Amendment Act 1994 (1994 No 108).

See section 11(2) of that Act as to persons holding warrants under section 59(2) of this Act or section 38(2) of the Wildlife Act 1953 being deemed to be appointed as a ﬁsh and game rangers under subsection (2).
26FB Powers of ﬁsh and game rangers Subject to this Act and the terms of the warrant of appointment of any ﬁsh and game ranger, a ﬁsh and game ranger shall have and may exercise all the powers exercisable by a warranted ofﬁcer under this Act or the Wildlife Act 1953, or under any regulations or notices made under either of those Acts.

Part 5A, comprising sections 26A to 26ZF, was inserted, as from 10 April 1990, by section 17 Conservation Law Reform Act 1990 (1990 No 31).
Sections 26FA to 26FC were inserted, as from 25 November 1994, by section 11(1) Conservation Amendment Act 1994 (1994 No 108).
26FC Provisions relating to Director and ﬁsh and game rangers Sections 37, 40, 42, 43, 43A, 46, and 47 of this Act shall apply (1) in respect of ﬁsh and game rangers as if— (a) (c) (b) (d) References in those provisions to the Director­General were references to the Director: References in those provisions to the Department were references to the New Zealand Fish and Game Council or a Fish and Game Council: References in those provisions to a warranted ofﬁcer were references to a ﬁsh and game ranger: References to money appropriated by Parliament were references to money belonging to the New Zealand Fish and Game Council or a Fish and Game Council.
The Director may in writing delegate to any employee of the New Zealand Fish and Game Council or of any Fish and Game Council all or any of the Director’s functions and powers under this Act or any other Act, except the power to appoint ﬁsh and game rangers under section 26FA of this Act.

(2) 116 Reprinted as at 1 October 2008 Conservation Act 1987 Part 5A s 26I Part 5A, comprising sections 26A to 26ZF, was inserted, as from 10 April 1990, by section 17 Conservation Law Reform Act 1990 (1990 No 31).
Sections 26FA to 26FC were inserted, as from 25 November 1994, by section 11(1) Conservation Amendment Act 1994 (1994 No 108).

26G Employment principles The New Zealand Fish and Game Council shall operate a per­ sonnel policy that complies with the principle of being a good employer by following, as closely as possible and as if it were a chief executive of a Department, the provisions of sections 56 and 58 of the State Sector Act 1988.
Part 5A, comprising sections 26A to 26ZF, was inserted, as from 10 April 1990, by section 17 Conservation Law Reform Act 1990 (1990 No 31).

26H Crown entity (1) (2) The New Zealand Fish and Game Council is, for the purposes of subpart 2 of Part 5 of the Public Finance Act 1989, an or­ ganisation named or described in Schedule 4 of that Act.

The Council is a public entity as deﬁned in section 4 of the Public Audit Act 2001 and, in accordance with that Act, the Auditor­General is its auditor.
Part 5A, comprising sections 26A to 26ZF, was inserted, as from 10 April 1990, by section 17 Conservation Law Reform Act 1990 (1990 No 31).

Sections 26H and 26I were substituted, as from 25 November 1994, by section 12 Conservation Amendment Act 1994 (1994 No 108).
Subsection (1) was amended, as from 25 January 2005, by section 37(1) Public Finance Amendment Act 2004 (2004 No 113) by substituting the words “is, for the purposes of subpart 2 of Part 5 of the Public Finance Act 1989, an organ­ isation named or described in Schedule 4 of that Act” for the words “shall be a Crown entity for the purposes of the Public Finance Act 1989”.

Subsection (2) was substituted, as from 1 July 2001, by section 53 Public Audit Act 2001 (2001 No 10).
26I Annual report (1) The New Zealand Fish and Game Council shall, as soon as practicable after the end of each ﬁnancial year, furnish to the Minister a report on its operations for that ﬁnancial year.

The Minister must present a copy of the report to the House of Representatives in accordance with section 150(3) of the Crown Entities Act 2004.
(2) 117 Part 5A s 26J Conservation Act 1987 Reprinted as at 1 October 2008 Part 5A, comprising sections 26A to 26ZF, was inserted, as from 10 April 1990, by section 17 Conservation Law Reform Act 1990 (1990 No 31).

Sections 26H and 26I were substituted, as from 25 November 1994, by section 12 Conservation Amendment Act 1994 (1994 No 108).

Subsection (2) was substituted, as from 25 January 2005, by section 37(1) Public Finance Amendment Act 2004 (2004 No 113).
(2) (3) 26J Chairperson of New Zealand Fish and Game Council (1) The members of the New Zealand Fish and Game Council shall from time to time appoint one of their number to be Chair­ person of the New Zealand Fish and Game Council.

The Chairperson shall preside at all meetings of the New Zealand Fish and Game Council at which he or she is present.
If the Chairperson is absent from any meeting of the New Zealand Fish and Game Council, the members present shall appoint one of their number to be the Chairperson of that meet­ ing.

Part 5A, comprising sections 26A to 26ZF, was inserted, as from 10 April 1990, by section 17 Conservation Law Reform Act 1990 (1990 No 31).
26K Meetings of New Zealand Fish and Game Council (1) Meetings of the New Zealand Fish and Game Council shall be held at least twice a year at such times and places as the New Zealand Fish and Game Council or the Chairperson from time to time appoints.

(2) A special meeting shall be called by the Chairperson whenever 3 or more members so request in writing.
(3) At any meeting of the New Zealand Fish and Game Council, a majority of the members in ofﬁce shall form a quorum, and no business shall be transacted at any meeting unless such a quorum is present.

Every question before any meeting of the New Zealand Fish and Game Council shall be determined by a majority of the members present and voting on the question, and proper min­ utes shall be kept of proceedings.
(4) (5) At any meeting of the New Zealand Fish and Game Council, 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.
118 Reprinted as at 1 October 2008 Conservation Act 1987 Part 5A s 26N (6) (7) The powers of the New Zealand Fish and Game Council shall not be affected by any vacancy in its membership, nor shall the proceedings of the New Zealand Fish and Game Council be invalidated merely because of the subsequent discovery that some defect existed in the appointment of any member.

Subject to the provisions of this Act, the New Zealand Fish and Game Council may regulate its procedure in such manner as it thinks ﬁt.
Part 5A, comprising sections 26A to 26ZF, was inserted, as from 10 April 1990, by section 17 Conservation Law Reform Act 1990 (1990 No 31).
26L Director­General entitled to attend meetings of New Zealand Fish and Game Council Notice in writing of every meeting of the New Zealand Fish and Game Council and of the business proposed to be trans­ acted at that meeting shall be given by the Council to the Dir­ ector­General, and the Director­General or the Director­Gen­ eral’s nominee shall be entitled to attend and speak at any such meeting, but shall not be entitled to vote on any question.
Part 5A, comprising sections 26A to 26ZF, was inserted, as from 10 April 1990, by section 17 Conservation Law Reform Act 1990 (1990 No 31).

26M No remuneration payable to members Except as otherwise provided by this Act or any regulations made under it, no member of the New Zealand Fish and Game Council shall be entitled to receive any remuneration or ex­ penses in respect of his or her service as a member of the Coun­ cil.
Part 5A, comprising sections 26A to 26ZF, was inserted, as from 10 April 1990, by section 17 Conservation Law Reform Act 1990 (1990 No 31).

Transitional Councils 26N Transitional Councils (1) The Minister shall, by notice in the Gazette, establish— (a) A Transitional New Zealand Fish and Game Council; and (b) A Transitional Fish and Game Council for each region deﬁned under section 26A(1)(c) of this Act.
119 Part 5A s 26O Conservation Act 1987 Reprinted as at 1 October 2008 (2) (3) Each Transitional Fish and Game Council shall consist of not more than 12 members appointed by the Minister.

The Transitional New Zealand Fish and Game Council and each Transitional Fish and Game Council shall be established for the period speciﬁed in the notice by which it is established.

Part 5A, comprising sections 26A to 26ZF, was inserted, as from 10 April 1990, by section 17 Conservation Law Reform Act 1990 (1990 No 31).
26O Functions and powers of Transitional Councils (1) The Transitional New Zealand Fish and Game Council shall have all the functions and powers of the New Zealand Fish and Game Council under this Act.

Each Transitional Fish and Game Council shall have all the functions and powers of a Fish and Game Council under this Act.
(2) (3) Without limiting the generality of subsection (2) of this sec­ tion, each Transitional Fish and Game Council shall— (a) Conduct a postal ballot for the ﬁrst election of members of the Fish and Game Council for its region; and (b) Develop an annual operational work plan for its region and submit for the approval of the Minister those provi­ sions of it that relate to the management of those species of sports ﬁsh and game for which there is no manage­ ment plan; and Provide a report of its operations, and ﬁnancial state­ ments audited by the Audit Ofﬁce and complying with section 26H(b) of this Act.
(c) The Transitional Fish and Game Councils concerned shall en­ gage the Department for a period of not less than 6 months, on terms and conditions to be mutually agreed, to manage— (a) The area formerly known as the Rotorua Acclimatisa­ tion District (except those parts that constitute the Taupo ﬁshery in that District); and The area formerly known as the Southern Lakes Accli­ matisation District.
(b) Part 5A, comprising sections 26A to 26ZF, was inserted, as from 10 April 1990, by section 17 Conservation Law Reform Act 1990 (1990 No 31).

(4) 120 Reprinted as at 1 October 2008 Conservation Act 1987 Part 5A s 26Q Fish and Game Councils 26P Fish and Game Councils established (1) There is hereby established for the purposes of the manage­ ment, maintenance, and enhancement of sports ﬁsh and game a Fish and Game Council for each region deﬁned by the Min­ ister under section 26A(1)(c) of this Act.
Each Fish and Game Council shall be a body corporate with perpetual succession and a common seal, and, except as pro­ vided in this Act, shall have— (a) The rights, powers, and privileges of a natural person; and The power to do anything it is authorised to do by or under— (i) (ii) Any other enactment; or (iii) Any rule of law.

This Act; or (b) (2) (3) A Fish and Game Council shall not exercise any of its rights, powers, or privileges except for the purpose of performing its functions.
Part 5A, comprising sections 26A to 26ZF, was inserted, as from 10 April 1990, by section 17 Conservation Law Reform Act 1990 (1990 No 31).

See section 47 of that Act for the transitional provisions.

Subsections (2) and (3) were inserted, as from 25 November 1994, by section 13 Conservation Amendment Act 1994 (1994 No 108).
26Q Functions of Fish and Game Councils (1) The functions of each Fish and Game Council shall be to man­ age, maintain, and enhance the sports ﬁsh and game resource in the recreational interests of anglers and hunters, and, in par­ ticular,— (a) To assess and monitor— (i) (ii) Sports ﬁsh and game populations; and The success rate and degree of satisfaction of users of the sports ﬁsh and game resource; and (iii) The condition and trend of eco­systems as habi­ tats for sports ﬁsh and game: (b) To maintain and improve the sports ﬁsh and game re­ source— (i) By maintaining and improving access; and 121 Part 5A s 26Q Conservation Act 1987 Reprinted as at 1 October 2008 (ii) By maintaining the hatchery and breeding pro­ grammes, where required for stocking or restock­ ing the sports ﬁsheries and game habitat; and (iii) By formulating and recommending to the New Zealand Fish and Game Council conditions for ﬁshing and game seasons; and (v) (iv) By ensuring that there are sufﬁcient resources to enforce ﬁshing and hunting season conditions; and By undertaking such works as may be necessary to maintain and enhance the habitat of sports ﬁsh and game, subject to the approval of the Minister, the land owner, or the administering authority, as the case may require: (ii) (ii) To promote and educate— (i) By deﬁning and promoting ethical standards of behaviour to be followed by anglers and hunters; and By promoting recreation based on sports ﬁsh and game; and (iii) By keeping anglers and hunters informed on mat­ ters affecting
 their interests: In relation to costs,— (i) To assess the costs attributable to the manage­ ment of sports ﬁsh and game; and To develop and recommend to the New Zealand Fish and Game Council appropriate licence fees to recover costs and game bird habitat stamp fees; and (iii) To represent the region’s interests with the New Zealand Fish and Game Council in the determin­ ation and distribution of levies on licences: In relation to planning,— the interests and aspirations of To represent (i) anglers and
 hunters in the statutory planning process; and To formulate and adopt an annual operational work plan; and (ii) (c) (d) (e) 122 Reprinted as at 1 October 2008 Conservation Act 1987 Part 5A s 26Q (iii) To prepare draft sports ﬁsh and game manage­ ment plans in accordance with this Act; and (iv) To identify and recommend to the New Zealand Fish and Game Council the region’s sports ﬁsh and game requirements for research; and To implement national policy determined by the New Zealand Fish and Game Council; and (v) (vi) To liaise with local Conservation Boards; and (vii) To advocate the interests of the Council, includ­ ing its interests in habitats: (f) To issue— (i) Licences to hunt or kill game, and game bird habitat stamps, in accordance with the Wildlife Act 1953 and any regulations made under it; and Licences to take sports ﬁsh, in accordance with this Part of this Act and any regulations made under this Act; and (ii) (2) (3) (iii) Game hunting guide licences in accordance with the Wildlife Act 1953 and sports ﬁshing guide licences in accordance with this Act.
(g) (h) To sell or arrange the sale of, in New Zealand or outside New Zealand, game bird habitat stamps and associated products: To recommend to the New Zealand Fish and Game Council the form of game bird habitat stamps.

Each Fish and Game Council shall have such other functions as are conferred on it by or under this Act or any other Act.
The following provisions shall apply in respect of operational work plans: (a) Each Fish and Game Council shall prepare such a plan annually: Such plans shall be submitted to the Minister for the Minister’s approval if there is no sports ﬁsh and game management plan for the time being in force for the area: The Minister shall approve or amend plans submitted under paragraph (b) of this subsection: Subject to paragraph (e) of this subsection, such plans shall have effect on and from the date of their comple­ (b) (c) (d) 123 Part 5A s 26R Conservation Act 1987 Reprinted as at 1 October 2008 (e) tion by a Council but shall be subject to any amend­ ments made by the Minister: If there is no management plan for any species of sports ﬁsh or game for the time being in force for the region of a Council, those provisions of the Council’s operational work plan that relate to the management of those species for which there is no management plan shall not have effect until approved by the Minister.
Part 5A, comprising sections 26A to 26ZF, was inserted, as from 10 April 1990, by section 17 Conservation Law Reform Act 1990 (1990 No 31).

Subsection (1)(b)(iii) was amended, as from 13 March 1996, by section 17(1) Conservation Amendment Act 1996 (1996 No 1) by substituting the words “New Zealand Fish and Game Council” for the word “Minister”.
Subsection (1)(d)(ii) was amended, as from 17 May 1993, by section 6 Wildlife Amendment Act 1993 (1993 No 39) by inserting the words “and game bird habitat stamp fees”.

Subsection (1)(f)(i) was amended, as from 17 May 1993, by section 6 Wildlife Amendment Act 1993 (1993 No 39) by inserting the words “and game bird habitat stamps,”.

Subsection (1)(f)(ii) was amended, as from 13 March 1996, by section 17(2) Conservation Amendment Act 1996 (1996 No 1) by inserting the expression “; and”.
Subsection (1)(f)(iii) was inserted, as from 13 March 1996, by section 17(3) Conservation Amendment Act 1996 (1996 No 1).

Subsections (g) and (h) were inserted, as from 17 May 1993, by section 6 Wildlife Amendment Act 1993 (1993 No 39).

26R Fish and Game Council responsibilities (1) In the performance of their responsibilities, Fish and Game Councils shall abide by the requirements of this Act and the Wildlife Act 1953 and any regulations made under either of those Acts.
Except as provided in section 26Q(1) of this Act, Fish and Game Councils shall not, within their areas of jurisdiction, engage in any activity that has as its predominant purpose the making of a commercial gain from that activity.
The following provisions apply to Anglers Notices: (a) (b) Fish and Game Councils shall prepare such notices: Fish and Game Councils shall, through the New Zealand Fish and Game Council, recommend such notices for approval by the Minister: (2) (3) 124 Reprinted as at 1 October 2008 Conservation Act 1987 Part 5A s 26R (c) The New Zealand Fish and Game Council shall, if sat­ isﬁed as to the form of the notice, submit it for the Min­ ister’s approval: (d) As soon as practicable after a notice is approved by the Minister, the New Zealand Fish and Game Council shall publish the notice in the Gazette: Fish and Game Councils shall make copies of notices available for sale to the public.
(e) (c) (d) (e) The size and limit bag for any species of sports ﬁsh: (4) An Anglers Notice shall set out the conditions under which a current licence holder may ﬁsh for sports ﬁsh in the area to which the notice relates, being conditions relating to— (a) (b) Any open or closed season in any speciﬁed waters in the area, and the sports ﬁsh in respect of which they are open or closed: Any requirements, restrictions, or prohibitions on ﬁsh­ ing tackle, methods, or the use of any gear, equipment, or device: The hours of ﬁshing: The handling, treatment, or disposal of any sports ﬁsh.
(5) An Anglers Notice may also declare any waters within the area of jurisdiction of the Fish and Game Council to be ﬁsheries experimental waters, and to make such provision for the pro­ tection of ﬁsh in those waters as in the opinion of the Minister are necessary or desirable for ﬁsh research purposes.
Every person commits an offence and is liable to a ﬁne not exceeding $5,000 who takes any sports ﬁsh from any waters at any time or place, or with any device or in any manner, if such taking is not permitted by any Anglers Notice in force in respect of those waters.

Part 5A, comprising sections 26A to 26ZF, was inserted, as from 10 April 1990, by section 17 Conservation Law Reform Act 1990 (1990 No 31).
(6) Subsection (2) was amended, as from 17 May 1993, by section 6 Wildlife Amendment Act 1993 (1993 No 39) by inserting the words “Except as provided in section 26Q(1) of this Act,”.

Subsection (3) was substituted, as from 13 March 1996, by section 18(1) Con­ servation Amendment Act 1996 (1996 No 1).

Subsections (4) and (5) were amended, as from 13 March 1996, by section 18(2)(a) Conservation Amendment Act 1996 (1996 No 1) by substituting the word “An” for the words “A District”.
125 Part 5A s 26S Conservation Act 1987 Reprinted as at 1 October 2008 Subsection (6) was amended, as from 13 March 1996, by section 18(3) Conser­ vation Amendment Act 1996 (1996 No 1) by omitting the word “District”.

26S Powers of Fish and Game Councils (1) Each Fish and Game Council shall have all such powers as are reasonably necessary or expedient to enable it to carry out its functions.
(2) Without limiting the generality of subsection (1) of this section but subject to subsection (3) of this section, any Fish and Game Council may, by agreement,— (a) Acquire and dispose of land or any interest in land for such purposes as are reasonably necessary to enable the Council to carry out its functions, including the provi­ sion of ofﬁce premises: (b) Acquire any land or interest in land formerly held by an acclimatisation society: (c) Enter into contracts for the provision of services by it.
Every agreement under subsection (2) of this section is subject to the following conditions: (a) In the case of an acquisition (other than for administra­ tive purposes), the land or interest in land shall be ac­ quired for use for the purposes of the management of sports ﬁsh or game, and the protection of their habitat: (b) No disposal (other than for administrative purposes) shall be made if the land or interest in land is required for the management of sports ﬁsh or game, or the pro­ tection of their habitat: Any land acquired under this section (other than for ad­ ministrative purposes) shall be open to the public, and may be closed in order to protect the sports ﬁsh and game habitat only after public notice of the closure has been given in the region: The land use shall comply with the provisions of this Act and any other Act, and any freshwater ﬁsheries management plan or sports ﬁsh and game management plan for the region in which the land is situated.
Subsection (3)(c) of this section shall also apply to any land that is transferred to a Fish and Game Council under any other Act, as if that land had been acquired under this section.

(d) (c) (3) (4) 126 Reprinted as at 1 October 2008 Conservation Act 1987 Part 5A s 26U (5) All land held under this section shall be subject to this Act.

(6) Each Fish and Game Council may expend money received by it from any source arising under this Act for the purposes of carrying out its functions under this Act.
For the purposes of section 26Q(1) of this Act, a Fish and Game Council shall be entitled to appear before courts and tribunals in New Zealand and be heard on matters affecting or relating to the Council’s functions.

(7) (8) Nothing in this section or in section 26Q of this Act shall en­ able any person to enter any land (other than land vested in a Fish and Game Council) without the consent of the owner or occupier.
(9) (10) Part 5A, comprising sections 26A to 26ZF, was inserted, as from 10 April 1990, by section 17 Conservation Law Reform Act 1990 (1990 No 31).

Subsections (9) and (10) were inserted, as from 25 November 1994, by section 14 Conservation Amendment Act 1994 (1994 No 108).

Subsections (9) and (10) were repealed, as from 25 January 2005, by section 37(1) Public Finance Amendment Act 2004 (2004 No 113).
(2) 26T Appointment of staff (1) Without limiting section 26S of this Act, a Fish and Game Council may appoint a manager and other staff for the efﬁcient and economic administration of the affairs of the Council.

Every Fish and Game Council shall operate a personnel pol­ icy that complies with the principle of being a good employer by following, as closely as possible and as if it were a chief executive of a Department, the provisions of sections 56 and 58 of the State Sector Act 1988.
Part 5A, comprising sections 26A to 26ZF, was inserted, as from 10 April 1990, by section 17 Conservation Law Reform Act 1990 (1990 No 31).

26U Membership (1) Each Fish and Game Council shall consist of not more than 12 members elected in accordance with section 26Z of this Act.

(2) A person shall be qualiﬁed to be a member of a Fish and Game Council only if that person holds a current adult whole season licence to hunt game or ﬁsh for sports ﬁsh.
127 Part 5A s 26V Conservation Act 1987 Reprinted as at 1 October 2008 (3) Each region deﬁned by the Minister under section 26A(1)(c) of this Act shall comprise not more than 6 subregions, which shall be determined by the Fish and Game Council for that region and notiﬁed in some newspaper circulating in the areas affected.
(4) No person who is a bankrupt or has been convicted of an of­ fence involving sports ﬁsh or game or protected wildlife (being an offence under this Act or any other Act) shall be eligible to be a member of a Fish and Game Council.

Part 5A, comprising sections 26A to 26ZF, was inserted, as from 10 April 1990, by section 17 Conservation Law Reform Act 1990 (1990 No 31).
Subsection (4) was amended, as from 13 March 1996, by section 19 Conserva­ tion Amendment Act 1996 (1996 No 1) by substituting the words “ﬁsh or game or protected wildlife” for the words “ﬁsh and game”.

26V Co­opted members (1) Any Fish and Game Council may co­opt for such term as it thinks ﬁt any suitable person or persons to be a member or members of the Council.
(2) A co­opted member of a Council shall be entitled to attend and speak at any meeting of that Council, but shall not be entitled to vote on any question.

Part 5A, comprising sections 26A to 26ZF, was inserted, as from 10 April 1990, by section 17 Conservation Law Reform Act 1990 (1990 No 31).

26W Crown entity (1) Each Fish and Game Council is, for the purposes of subpart 2 of Part 5 of the Public Finance Act 1989, an organisation named or described in Schedule 4 of that Act.
Each Council is a public entity as deﬁned in section 4 of the Public Audit Act 2001 and, in accordance with that Act, the Auditor­General is its auditor.

Part 5A, comprising sections 26A to 26ZF, was inserted, as from 10 April 1990, by section 17 Conservation Law Reform Act 1990 (1990 No 31).

Sections 26W and 26X were substituted, as from 25 November 1994, by section 15 Conservation Amendment Act 1994 (1994 No 108).
Subsection (1) was amended, as from 25 January 2005, by section 37(1) Public Finance Amendment Act 2004 (2004 No 113) by substituting the words “is, for the purposes of subpart 2 of Part 5 of the Public Finance Act 1989, an organ­ isation named or described in Schedule 4 of that Act” for the words “shall be a Crown entity for the purposes of the Public Finance Act 1989”.
(2) 128 Reprinted as at 1 October 2008 Conservation Act 1987 Part 5A s 26Z Subsection (2) was substituted, as from 1 July 2001, by section 53 Public Audit Act 2001 (2001 No 10).

26X Annual report (1) (2) Each Fish and Game Council shall, as soon as practicable after the end of each ﬁnancial year, furnish to the Minister a report on its operations for that ﬁnancial year.
The Minister must present a copy of the report to the House of Representatives in accordance with section 150(3) of the Crown Entities Act 2004.

Part 5A, comprising sections 26A to 26ZF, was inserted, as from 10 April 1990, by section 17 Conservation Law Reform Act 1990 (1990 No 31).

Sections 26W and 26X were substituted, as from 25 November 1995, by section 15 Conservation Amendment Act 1994 (1994 No 108).
Subsection (2) was substituted, as from 25 January 2005, by section 37(1) Public Finance Amendment Act 2004 (2004 No 113).
26Y Eligibility to vote (1) Every New Zealand resident who holds an adult whole season licence that entitles that person to hunt game or ﬁsh for sports ﬁsh in a particular region in the season immediately preceding the next election, or in the period of 3 months before the close of the roll for any election, of members of the Fish and Game Council for that region shall be entitled to vote at that election.
(2) A person may choose to participate in any such election either at the time when he or she purchases a licence to hunt or ﬁsh or at any subsequent time before, but not later than one month before, the next election is held.

For the purposes of this section, each Fish and Game Council shall maintain a register or roll of persons who indicate their wish to vote at an election of members of the Council.
Part 5A, comprising sections 26A to 26ZF, was inserted, as from 10 April 1990, by section 17 Conservation Law Reform Act 1990 (1990 No 31).

(3) Subsection (1) was substituted, as from 13 March 1996, by section 20 Conser­ vation Amendment Act 1996 (1996 No 1).

26Z Conduct of elections (1) Voting at the election of members of Fish and Game Councils shall be by postal ballot and in accordance with regulations made under section 48 of this Act.
129 Part 5A s 26ZA Conservation Act 1987 Reprinted as at 1 October 2008 (2) (3) Each Transitional Fish and Game Council shall, as soon as practicable after it is established, conduct an election to elect not more than 12 persons to be members of the Fish and Game Council for the area for which that Transitional Council is es­ tablished.
The second election of members of each Fish and Game Coun­ cil shall be held by that Council 3 years after the date of the ﬁrst election of members of that Council, and subsequent elec­ tions shall be held every third year thereafter.

(4) At every election of members of a Fish and Game Council at least one member shall be elected for each subregion of the Council.

Part 5A, comprising sections 26A to 26ZF, was inserted, as from 10 April 1990, by section 17 Conservation Law Reform Act 1990 (1990 No 31).
26ZA Term of ofﬁce of members of Fish and Game Councils (1) Subject to subsections (2) to (5) of this section, every member of a Fish and Game Council shall hold ofﬁce for a term of 3 years and may be re­elected.
(2) Any member of a Fish and Game Council may at any time be removed from ofﬁce by the Minister for bankruptcy, inability to perform the functions of the ofﬁce, neglect of duty, or mis­ conduct, or a conviction for an offence involving sports ﬁsh or game or protected wildlife (being an offence under this Act or any other Act).
(3) A Fish and Game Council may at any time be discharged and any member of a Fish and Game Council may at any time be removed, by the Minister for failure to carry out any of its or his or her functions under this Act or the Wildlife Act 1953.

(4) Any member of any Fish and Game Council may at any time resign his or her ofﬁce by writing addressed to the Minister.
If any member of any Fish and Game Council dies, resigns, or is removed from ofﬁce earlier than 6 months before his or her term of ofﬁce is due to expire, the following provisions shall apply: (a) If a majority of the eligible voters request that an elec­ tion be held to ﬁll the vacancy, an election shall be held accordingly: (5) 130 Reprinted as at 1 October 2008 Conservation Act 1987 Part 5A s 26ZC (b) In any other case, the Council may appoint a person to ﬁll the vacancy after giving public notice of its intention to do so.
(6) Where the Minister discharges a Fish and Game Council under subsection (3) of this section,— (a) (b) Elections shall be held to ﬁll the vacancies thereby cre­ ated; and in consultation with the New The Minister shall, Zealand Fish and Game Council, make such arrange­ ments as are necessary for the management of sports ﬁsh and game in the region pending the election of a new Council.
(7) Unless a member sooner dies, resigns, or is removed from of­ ﬁce, every member of any Fish and Game Council shall con­ tinue in ofﬁce until that member’s successor comes into ofﬁce, notwithstanding that the term for which that member was ap­ pointed may have expired.

Part 5A, comprising sections 26A to 26ZF, was inserted, as from 10 April 1990, by section 17 Conservation Law Reform Act 1990 (1990 No 31).
Subsection (2) was amended, as from 13 March 1996, by section 21 Conserva­ tion Amendment Act 1996 (1996 No 1) by substituting the words “ﬁsh or game or protected wildlife” for the words “ﬁsh and game”.

Subsection (2) was amended, as from 1 January 2002, by section 70(1) Human Rights Amendment Act 2001 (2001 No 96), by substituting the words “inability to perform the functions of the ofﬁce” for the word “disability”.
26ZB Members not personally liable No member of a Fish and Game Council shall be personally liable for any default made by the Council or by any member of it, in good faith in the course of its operations.

Part 5A, comprising sections 26A to 26ZF, was inserted, as from 10 April 1990, by section 17 Conservation Law Reform Act 1990 (1990 No 31).
26ZC Chairpersons of Fish and Game Councils (1) The members of each Fish and Game Council shall appoint one of their number to be the Chairperson of the Fish and Game Council for the term of that member’s appointment or for such lesser period as the members think ﬁt.

The Chairperson shall preside at all meetings of the Fish and Game Council at which he or she is present.
(2) 131 Part 5A s 26ZD Conservation Act 1987 Reprinted as at 1 October 2008 (3) If the Chairperson is absent from any meeting of the Fish and Game Council, the members present shall appoint one of their number to be the Chairperson of that meeting.

Part 5A, comprising sections 26A to 26ZF, was inserted, as from 10 April 1990, by section 17 Conservation Law Reform Act 1990 (1990 No 31).
26ZD Meetings of Fish and Game Councils (1) Meetings of any Fish and Game Council shall be held on at least 6 occasions in the period commencing on the 1st day of February and ending on the 31st day of December in each year at such times and places as the Council or the Chairperson from time to time appoints.

(2) A special meeting shall be called by the Chairperson whenever 3 or more members so request in writing.
(3) At any meeting of a Fish and Game Council, a majority of the members in ofﬁce shall form a quorum, and no business shall be transacted at any meeting unless such a quorum is present.

Every question before any meeting of a Fish and Game Coun­ cil shall be determined by a majority of the members present and voting on the question.
(4) (6) (5) At any meeting of a Fish and Game Council, 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.

The powers of a Fish and Game Council shall not be affected by any vacancy in its membership, nor shall the proceedings of the Council be invalidated merely because of the subsequent discovery that some defect existed in the appointment of any member.
(7) As soon as practicable after the end of its ﬁnancial year and not later than 3 months thereafter, in every year of its operation, each Fish and Game Council shall call a public annual general meeting at which the Council shall present its annual report and ﬁnancial statement for the period of 12 months that ended on that day.

Subject to the provisions of this Act, a Fish and Game Council may regulate its procedure in such manner as it thinks ﬁt.
Part 5A, comprising sections 26A to 26ZF, was inserted, as from 10 April 1990, by section 17 Conservation Law Reform Act 1990 (1990 No 31).
(8) 132 Reprinted as at 1 October 2008 Conservation Act 1987 Part 5B s 26ZG Subsection (7) was amended, as from 25 November 1994, by section 16 Con­ servation Amendment Act 1994 (1994 No 108) by substituting the words “end of its ﬁnancial year and not later than 3 months thereafter,” for the words “com­ mencement of the 31st day of August and not later than the 30th day of Novem­ ber”.
26ZE Director­General entitled to attend meetings of Fish and Game Councils Notice in writing of every meeting of a Fish and Game Council and of the business proposed to be transacted at that meeting shall be given by the Council to the Director­General, and the Director­General or the Director­General’s nominee shall be entitled to attend and speak at any such meeting, but shall not be entitled to vote on any question.
Part 5A, comprising sections 26A to 26ZF, was inserted, as from 10 April 1990, by section 17 Conservation Law Reform Act 1990 (1990 No 31).

26ZF No remuneration payable to members (1) Except as otherwise provided by this Act or any regulations made under this Act, no member of any Fish and Game Coun­ cil shall be entitled to receive any remuneration, allowances, or expenses in respect of his or her service as a member of that Council.
(2) No member of any Fish and Game Council shall be granted free of charge a licence to take sports ﬁsh or to hunt or kill game.

Part 5A, comprising sections 26A to 26ZF, was inserted, as from 10 April 1990, by section 17 Conservation Law Reform Act 1990 (1990 No 31).

Subsection (2) was inserted, as from 13 March 1996, by section 22 Conservation Amendment Act 1996 (1996 No 1).
Part 5B Freshwater ﬁsheries Part 5B, comprising sections 26ZG to 26ZR, was inserted, as from 10 April 1990, by section 17 Conservation Law Reform Act 1990 (1990 No 31).

26ZG Application of Part (1) Subject to subsection (2) of this section, this Part of this Act shall apply only in relation to freshwater ﬁsheries.
Nothing in this Part of this Act shall apply to— (2) 133 Part 5B s 26ZH Conservation Act 1987 Reprinted as at 1 October 2008 (a) Any person using a landing net to secure freshwater ﬁsh lawfully taken with a rod and line; or (b) Any person who, having unintentionally taken any freshwater ﬁsh contrary to the provisions of this Act or any regulations made under it, immediately returns the ﬁsh with as little injury as possible, to the water; or the taking, holding, possession, sale, or disposal of freshwater ﬁsh under the authority of— (i) (c) the Fisheries Act 1983, the Marine Farming Act 1971, or any regulations made under either of those Acts; or the registration of a ﬁsh farmer under Part 9A of the Fisheries Act 1996.
(ii) (3) To avoid doubt, subsection (2) does not limit or affect section 26ZI or section 26ZM.

Part 5B, comprising sections 26ZG to 26ZR, was inserted, as from 10 April 1990, by section 17 Conservation Law Reform Act 1990 (1990 No 31).

Subsection (2) (that part before paragraph (a)) was amended, as from 13 March 1996, by section 23(1) Conservation Amendment Act 1996 (1996 No 1) by substituting the words “Except as provided in section 26ZM(7) of this Act, nothing” for the word “Nothing”.
Subsection (2) was amended, as from 1 January 2005, by section 3(1) Conser­ vation Amendment Act 2004 (2004 No 105) by omitting the words “Except as provided in section 26ZM(7) of this Act,”.

Subsection (2)(a) was amended, as from 13 March 1996, by section 23(2) Con­ servation Amendment Act 1996 (1996 No 1) by omitting the words “or gaff”.
Subsection (2)(c) was amended, as from 13 March 1996, by section 23(1) Con­ servation Amendment Act 1996 (1996 No 1) by substituting the words “, the Marine Farming Act 1971, or any regulations made under either of those Acts” for the words “or any regulations made under it”.

Subsection (2)(c) was substituted, as from 1 January 2005, by section 3(2) Con­ servation Amendment Act 2004 (2004 No 105).
Subsection (3) was inserted, as from 1 January 2005, by section 3(3) Conserva­ tion Amendment Act 2004 (2004 No 105).

Maori ﬁshing rights 26ZH Maori ﬁshing rights unaffected by this Part (1) Nothing in this Part of this Act shall affect any Maori ﬁshing rights.
Subsection (1) does not apply to customary Maori ﬁshing rights with respect to freshwater ﬁsheries within South Island (2) 134 Reprinted as at 1 October 2008 Conservation Act 1987 Part 5B s 26ZJ ﬁsheries waters, in respect of which regulations have been made under section 48B, for so long as such regulations remain in force.

Part 5B, comprising sections 26ZG to 26ZR, was inserted, as from 10 April 1990, by section 17 Conservation Law Reform Act 1990 (1990 No 31).
Subsection (2) was inserted, as from 1 October 1998, by section 305(1) Ngai Tahu Claims Settlement Act 1998 (1998 No 97).

See clause 2 Ngai Tahu Claims Settlement Act Commencement Order 1998 (SR 1998/295).
Sports ﬁsheries 26ZI Taking sports ﬁsh without licence prohibited (1) Subject to this Act, every person commits an offence and is liable to a ﬁne not exceeding $5,000 who— (a) Takes sports ﬁsh from any freshwater at any time, unless that person is the holder of a licence issued under this Act authorising him or her to take such ﬁsh from such waters at such time; or (b) Has in his or her possession any sports ﬁsh taken from any freshwater, unless the ﬁsh have been taken lawfully.
(2) Nothing in subsection (1) of this section shall apply to the tak­ ing of sports ﬁsh for the purposes of scientiﬁc investigation or data collection, under a permit or authority under this Act, and in accordance with any conditions imposed by such permit or authority.
Every person commits an offence and is liable to a ﬁne not ex­ ceeding $5,000 who establishes, manages, or operates any ﬁsh hatchery for sports ﬁsh except pursuant to regulations made under this Act; but nothing in this subsection shall apply in relation to any hatchery for sports ﬁsh that is established or is being established at the commencement of this Part of this Act.

(3) (4) No person shall establish, manage, or operate a ﬁsh farm for trout.
Part 5B, comprising sections 26ZG to 26ZR, was inserted, as from 10 April 1990, by section 17 Conservation Law Reform Act 1990 (1990 No 31).
26ZJ Offences relating to spawning ﬁsh (1) Every person commits an offence who— 135 Part 5B s 26ZJA Conservation Act 1987 Reprinted as at 1 October 2008 (a) Disturbs or damages the spawning ground of any fresh­ water ﬁsh: (b) Disturbs or injures the eggs or larvae of any freshwater (c) ﬁsh: Is in possession of the eggs or larvae of any freshwater ﬁsh: (d) With any spear, gaff, speargun, net, trap, or similar de­ vice takes any sports ﬁsh from any river or stream where sports ﬁsh are congregating or have congregated for spawning: (e) While in the vicinity of any river or stream where sports ﬁsh are congregating or have congregated for spawning, has possession or control of any spear, gaff, speargun, trap, or similar device or material suitable for the taking of any sports ﬁsh, in circumstances likely to result in the taking of sports ﬁsh.
(2) Nothing in subsection (1) of this section shall apply to— (a) (b) The taking of freshwater ﬁsh or the eggs or larvae of such ﬁsh for the purposes of scientiﬁc investigation or data collection, under a permit or authority under this Act, and in accordance with any conditions imposed by such permit or authority: The taking of freshwater ﬁsh subsequently found to contain eggs or larvae.
Part 5B, comprising sections 26ZG to 26ZR, was inserted, as from 10 April 1990, by section 17 Conservation Law Reform Act 1990 (1990 No 31).

26ZJA Sports ﬁshing guides 26ZJB Use of gaffs prohibited 26ZK Fishing competitions relating to sports ﬁsh No competition involving the taking of sports ﬁsh shall be held unless it conforms in all respects with any regulations made under this Act.
Part 5B, comprising sections 26ZG to 26ZR, was inserted, as from 10 April 1990, by section 17 Conservation Law Reform Act 1990 (1990 No 31).
136 Reprinted as at 1 October 2008 Conservation Act 1987 Part 5B s 26ZL 26ZL Restrictions on ﬁshing (1) The Director­General, by a notice published on at least 2 con­ secutive Saturdays in 1 or more daily newspapers circulating in the area concerned, for such period as may be speciﬁed in the notice, may, notwithstanding that it is otherwise lawful under this Act,— (a) (b) (c) (d) Declare any speciﬁed waters to be spawning grounds for freshwater ﬁsh, and prohibit or impose restrictions and conditions on entry into any such waters or on to any land within a speciﬁed distance of any such waters: Prohibit or impose restrictions and conditions on entry into any waters within a speciﬁed distance of any device erected in those waters for the purpose of preventing or controlling the movement of ﬁsh upstream or down­ stream or on entry to any land within a speciﬁed dis­ tance of any such device: Prohibit or impose restrictions or conditions on ﬁshing in any waters or in any speciﬁed part or parts thereof, or on the taking of any species of ﬁsh therein, or on the methods of ﬁshing in such waters: In the case of freshwater ﬁsh (other than sports ﬁsh) exempt communities either wholly, partially, or condi­ tionally, or in respect of any speciﬁed waters, from the operation of any such prohibition, restriction, or other condition in the notice.
(2) Any Fish and Game Council may request the Director­General to issue a notice under subsection (1) of this section.

(2A) Every person commits an offence and is liable to a ﬁne not exceeding $5,000 who contravenes any prohibitions, restric­ tions, or conditions imposed by a notice given in accordance with subsection (1).
(3) Notwithstanding subsection (1) of this section, the Director­ General shall not impose any prohibition, restriction, or other condition that relates to the taking of sports ﬁsh from any waters in any area within the jurisdiction of a Fish and Game Council without prior consultation with that Council, nor re­ strict entry to any area without prior consultation with the ap­ propriate regional council or any Government agency that has statutory control over the land involved.
137 Part 5B s 26ZM Conservation Act 1987 Reprinted as at 1 October 2008 Part 5B, comprising sections 26ZG to 26ZR, was inserted, as from 10 April 1990, by section 17 Conservation Law Reform Act 1990 (1990 No 31).
Subsection (1) was amended, as from 3 June 1998, by section 3(1) Conservation Amendment Act 1998 (1998 No 33) by substituting the words “by a notice published on at least 2 consecutive Saturdays in 1 or more daily newspapers circulating in the area concerned” for the words “by notice in the Gazette”.

Subsection (2) was amended, as from 15 November 2000, by section 3 Con­ servation Amendment Act 2000 (2000 No 56) by substituting the word “Dir­ ector­General” for the word “Minister”.
Subsection (2A) was inserted, as from 3 June 1998, by section 3(2) Conserva­ tion Amendment Act 1998 (1998 No 33).

Subsection (3) was amended, as from 13 March 1996, by section 25 Conser­ vation Amendment Act 1996 (1996 No 1) by substituting the words “regional council” for the words “Catchment Authority (being any public body estab­ lished for the purpose of soil conservation and water management under any enactment)”.
(2) 26ZM Transfer or release of live aquatic life (1) No person shall transfer live aquatic life or release live aquatic life into any freshwater, except in accordance with this section.

The prior approval of the Minister of Fisheries shall be re­ quired for the following: (a) The movement of live aquatic life between sites where the species already exists: The movement of live aquatic life between the islands of New Zealand.
(b) The prior approval of the Minister of Conservation shall be required for the following: (a) The transfer of live aquatic life to or the release of live aquatic life in a new location where the species does not already exist (including the transfer of a new species to or the release of a new species in an existing or a new ﬁsh farm): The transfer of a species of live aquatic life to any land or water managed or administered under this Act or any other Act speciﬁed in Schedule 1 to this Act.
(b) The following provisions shall apply where the approval of the Minister of Conservation is required under subsection (3) of this section: (a) The applicant shall advertise, on at least 2 consecutive Saturdays in at least one newspaper circulating in the (3) (4) 138 Reprinted as at 1 October 2008 Conservation Act 1987 Part 5B s 26ZM (b) (c) area concerned, the intention to transfer or release live aquatic life: Every advertisement under paragraph (a) of this subsec­ tion shall state that submissions or objections in respect of its subject­matter should be sent to the Director­Gen­ eral within 20 working days after the date speciﬁed in the advertisement for that purpose (being a date that is not earlier than the date on which the advertisement is ﬁrst published): The Director­General may require an applicant to pro­ vide an environmental impact assessment report before granting approval.
(5) Every person commits an offence and is liable to a ﬁne not ex­ ceeding $5,000 who contravenes or fails to comply with sub­ section (1) of this section.

(6) (5A) Nothing in this section applies to the transfer of any live aquatic life to an existing ﬁsh farm where the species is already present.
Except where the Director­General or the Director­General of Agriculture and Fisheries requires it to comply with this sec­ tion, nothing in this section shall apply to the transfer by a Fish and Game Council of sports ﬁsh to another location within the same island in New Zealand where the species is already pre­ sent.

Except as provided in subsections (5A) and (6) of this section, this section applies to all persons.
Part 5B, comprising sections 26ZG to 26ZR, was inserted, as from 10 April 1990, by section 17 Conservation Law Reform Act 1990 (1990 No 31).

(7) Subsection (4)(b) was amended, as from 17 May 2005, by section 3 Conser­ vation Amendment Act 2005 (2005 No 47) by adding the words “within 20 working days after the date speciﬁed in the advertisement for that purpose (be­ ing a date that is not earlier than the date on which the advertisement is ﬁrst published)”.
Subsection (5) was substituted, as from 13 March 1996, by section 26(1) Con­ servation Amendment Act 1996 (1996 No 1).

Subsection (5A) was inserted, as from 13 March 1996, by section 26(1) Con­ servation Amendment Act 1996 (1996 No 1).

Subsection (7) was inserted, as from 13 March 1996, by section 26(2) Conser­ vation Amendment Act 1996 (1996 No 1).
139 Part 5B s 26ZN Conservation Act 1987 Reprinted as at 1 October 2008 26ZN Fishing rights not to be sold or let (1) Every person commits an offence against this Act who sells or lets the right to ﬁsh in any freshwater.
For the purposes of subsection (1) of this section, the expres­ sion “sells or lets the right to ﬁsh” does not include— (a) The selling or letting of ﬁshing rights on any licensed ﬁsh farm to the general public; or The grant of a concession by the Minister to a sports ﬁshing guide; or Charges made for guiding services by any sports ﬁshing guide.

(b) (c) Part 5B, comprising sections 26ZG to 26ZR, was inserted, as from 10 April 1990, by section 17 Conservation Law Reform Act 1990 (1990 No 31).
Section 26ZN was substituted, as from 13 March 1996, by section 27 Conser­ vation Amendment Act 1996 (1996 No 1).
26ZO Occupier may ﬁsh without licence (1) Subject to this Act, any person who is the lawful occupier of any land may ﬁsh on such land or waters within such land without a licence or payment of fee, within the period and upon such terms and conditions, as may be speciﬁed in any notice issued pursuant to section 26ZL of this Act, or in any Anglers Notice applying, or in any regulations made under section 48 or section 48A of this Act, without being liable to any penalty for so doing.
For the purposes of this section, the term lawful occupier in­ cludes the owner of the land and any person who has the right to occupy the land pursuant to a written agreement for a period of not less than 6 months; but does not include the manager of a marginal strip.
Every person who claims to be the lawful occupier of any land pursuant to an agreement referred to in subsection (2) of this section shall produce the agreement on demand by a warranted ofﬁcer or ﬁsh and game ranger or at any ofﬁce of the Depart­ ment or Fish and Game Council within 7 days of a demand by a warranted ofﬁcer or ﬁsh and game ranger.

Part 5B, comprising sections 26ZG to 26ZR, was inserted, as from 10 April 1990, by section 17 Conservation Law Reform Act 1990 (1990 No 31).
Subsection (1) was amended, as from 13 March 1996, by section 28 Conserva­ tion Amendment Act 1996 (1996 No 1) by omitting the word “District”.

(2) (2) (3) 140 Reprinted as at 1 October 2008 Conservation Act 1987 Part 5B s 26ZQ Subsection (3) was amended, as from 25 November 1994, by section 17 Con­ servation Amendment Act 1994 (1994 No 108) by inserting the words “or ﬁsh and game ranger”.
Miscellaneous provisions 26ZP Determination of closed seasons for ﬁshing (1) In respect of any freshwater ﬁsh other than sports ﬁsh, the Dir­ ector­General may, from time to time, by a notice published on at least 2 consecutive Saturdays in 1 or more daily newspapers circulating in the area concerned, determine a closed season for the whole or any part or parts of the area for such period or periods in any year, month, week, or day that may be most suitable.
The Director­General may, in like manner, extend or vary any closed season so determined or vary any closed season so ex­ tended.

(2) (3) During the period of any closed season determined, varied, or extended pursuant to this section for any species of ﬁsh it shall be unlawful for any person to take or have in possession any such ﬁsh, or in any way injure or disturb any such ﬁsh, and every person so doing commits an offence against this Act.
Every person who commits an offence against this section is liable to a ﬁne not exceeding $5,000, and to a further ﬁne not exceeding $20 in respect of every ﬁsh in relation to which the offence was committed.

(4) (5) Any person who, during any closed season, is found in pos­ session of any sports ﬁsh shall be deemed to have taken or obtained that ﬁsh during such closed season until the contrary is proved.
Part 5B, comprising sections 26ZG to 26ZR, was inserted, as from 10 April 1990, by section 17 Conservation Law Reform Act 1990 (1990 No 31).

Subsection (1) was amended, as from 3 June 1998, by section 3(1) Conservation Amendment Act 1998 (1998 No 33) by substituting the words “by a notice published on at least 2 consecutive Saturdays in 1 or more daily newspapers circulating in the area concerned” for the words “by notice in the Gazette”.
26ZQ Buying, selling, or possessing ﬁsh, contrary to Act (1) Every person commits an offence who buys, sells, or has in his or her possession for the purpose of sale any freshwater 141 Part 5B s 26ZQA Conservation Act 1987 Reprinted as at 1 October 2008 ﬁsh taken in New Zealand in contravention of this Part of this Act, or any regulation made or notice given under this Act.
(2) (1A) Every person commits an offence who buys, sells, or has in his or her possession for the purpose of sale any sports ﬁsh taken in New Zealand, whether taken lawfully or otherwise.
For the purpose of this section, ﬁsh shall be deemed to be sold if it forms part of a meal for which payment for that meal or any part of the meal is made, or which is supplied to any person (whether in accordance with the terms of a contract of service or otherwise) who is employed by the person by whom the meal is supplied: Provided that nothing in this subsection applies to sports ﬁsh taken legally pursuant to a current licence and served to the angler who took the ﬁsh and the angler’s immediate guests.
(3) Nothing in this section applies to the purchase, sale, or pos­ session for sale of sports ﬁsh where the sale or intended sale is between Fish and Game Councils, or between a Fish and Game Council and the Crown acting for conservation pur­ poses, where the ﬁsh have been bred or reared by the seller.

Part 5B, comprising sections 26ZG to 26ZR, was inserted, as from 10 April 1990, by section 17 Conservation Law Reform Act 1990 (1990 No 31).
Subsection (1A) was inserted, as from 13 March 1996, by section 29 Conser­ vation Amendment Act 1996 (1996 No 1).

26ZQA Possessing certain kinds of ﬁsh without approval (1) live grass carp; or live silver carp.

In this section, restricted ﬁsh means— (a) (b) The Minister of Conservation may approve a person’s posses­ sion of restricted ﬁsh.
The following provisions apply when the approval of the Min­ ister of Conservation is required under subsection (2): (a) the applicant must advertise, on at least 2 consecutive Saturdays in at least 1 newspaper circulating in the area concerned, the intention to possess the ﬁsh: every advertisement under paragraph (a) must state that submissions or objections in respect of its subject­mat­ ter should be sent to the Director­General: (b) (2) (3) 142 Reprinted as at 1 October 2008 Conservation Act 1987 Part 5B s 26ZR (c) the Director­General may require an applicant to pro­ vide an environmental impact assessment report before the Minister grants approval.
(4) A person who possesses restricted ﬁsh must have at least 1 of the following approvals relating to the person who possesses the ﬁsh and to the kind of ﬁsh the person possesses: (a) (b) (c) Every person commits an offence, and is liable to a ﬁne not exceeding $5,000, who, without reasonable cause, knowingly possesses restricted ﬁsh— (a) an approval under subsection (2): an approval under section 26ZM(2): an approval under section 26ZM(3).
knowing that none of the approvals described in subsec­ tion (4) has been given; or being reckless as to whether or not any of those ap­ provals has been given.

(5) (b) (6) Section 43B does not apply to an offence under subsection (5).

Section 26ZQA was inserted, as from 15 November 2000, by section 4 Conser­ vation Amendment Act 2000 (2000 No 56).
(2) (3) 26ZR Using hazardous substances to catch or destroy ﬁsh (1) Every person commits an offence who, for the purpose of tak­ ing or destroying any freshwater ﬁsh, uses in any water any hazardous substance, narcotic substance, or any electric ﬁsh­ ing device.

Subsection (1) of this section shall not apply to actions taken by a warranted ofﬁcer or any person authorised in writing by the Director­General.
In this section, the term hazardous substance has the same meaning as in section 2 of the Hazardous Substances and New Organisms Act 1996.

Part 5B, comprising sections 26ZG to 26ZR, was inserted, as from 10 April 1990, by section 17 Conservation Law Reform Act 1990 (1990 No 31).

Subsection (1) was amended, as from 13 March 1996, by section 30(1) Conser­ vation Amendment Act 1996 (1996 No 1) by substituting the word “explosive,” for the words “explosive or”.
Subsection (2) was substituted, as from 25 November 1994, by section 18 Con­ servation Amendment Act 1994 (1994 No 108).

143 Part 5C s 26ZS Conservation Act 1987 Reprinted as at 1 October 2008 Subsection (2) was amended, as from 13 March 1996, by section 30(2) Con­ servation Amendment Act 1996 (1996 No 1) by inserting the words “or the appropriate Fish and Game Council”.

Section 26ZR was substituted, as from 2 July 2001, by section 149 Hazardous Substances and New Organisms Act 1996 (1996 No 30).
See Parts 11 to 16 of that Act (comprising sections 151 to 259) as to the transitional provisions.

See clause 2 Hazardous Substances and New Organisms Act Commencement Order (No 2) 2001 (SR 2001/171).

Part 5C Control of dogs Part 5C (comprising sections 26ZS to 26ZZT) was inserted, as from 2 May 1996, by section 3 Conservation Amendment Act (No 2) 1996 (1996 No 14).
26ZS Controlled dog areas and open dog areas (1) (ab) (b) (c) Subject to sections 26ZT to 26ZZF of this Act, the Minis­ ter may from time to time, by notice in the Gazette, declare any part or parts of the land managed and administered by the Minister or Department under any of the following Acts, namely,— (a) The Foreshore and Seabed Endowment Revesting Act 1991 so far as it is saved by section 30(2) of the Foreshore and Seabed Act 2004: the Foreshore and Seabed Act 2004: The Reserves Act 1977: The Sugar Loaf Islands Marine Protected Area Act 1991: The Waitangi Endowment Act 1932–33: [Repealed] The Wildlife Act 1953: This Act,— (d) (e) (f) (g) to be either a controlled dog area or an open dog area.
The Minister may from time to time, by notice in the Gazette, amend or revoke any notice under this section or, subject to section 26ZX of this Act, amend or revoke any conditions im­ posed under section 26ZU(c) of this Act.

Part 5C (comprising sections 26ZS to 26ZZT) was inserted, as from 2 May 1996, by section 3 Conservation Amendment Act (No 2) 1996 (1996 No 14).
Subsection (1)(a) was amended, as from 25 November 2004, by section 103(1) Foreshore and Seabed Act 2004 (2004 No 93) by inserting the words (2) 144 Reprinted as at 1 October 2008 Conservation Act 1987 Part 5C s 26ZU “so far as it is saved by section 30(2) of the Foreshore and Seabed Act 2004” after the expression “1991”.

Subsection (1)(ab) was inserted, as from 25 November 2004, by section 103(1) Foreshore and Seabed Act 2004 (2004 No 93).
Section 26ZS(1)(e): repealed, on 30 September 2008, by section 82 of the Walk­ ing Access Act 2008 (2008 No 101).
26ZT Areas excluded from open dog areas An open dog area may not include— (a) Any part of an area declared under section 18 of this Act to be held for the purpose of a wilderness area, an ecological area, or a sanctuary area or for 2 or more of those purposes; or (b) Any part of a reserve classiﬁed— (i) Under section 13 of the Reserves Act 1977 as a national reserve; or (ii) Under section 19 of the Reserves Act 1977 as a scenic reserve; or (iii) Under section 20 of the Reserves Act 1977 as a nature reserve; or (iv) Under section 21 of the Reserves Act 1977 as a scientiﬁc reserve; or (c) Any part of a reserve set apart under section 47 of the Reserves Act 1977 as a wilderness area; or (e) (d) Any part of the Protected Area deﬁned by the Sugar Loaf Islands Marine Protected Area Act 1991; or Any part of an area declared— (i) Under section 9 of the Wildlife Act 1953 to be a wildlife sanctuary; or (ii) Under section 14 of the Wildlife Act 1953 to be a wildlife refuge; or (iii) Under section 14A of the Wildlife Act 1953 to be a wildlife management reserve.
Part 5C (comprising sections 26ZS to 26ZZT) was inserted, as from 2 May 1996, by section 3 Conservation Amendment Act (No 2) 1996 (1996 No 14).
26ZU Matters that may be included in declarations of controlled dog areas or open dog areas The Minister may, 26ZS of this Act,— in any notice published under section 145 Part 5C s 26ZV Conservation Act 1987 Reprinted as at 1 October 2008 (a) Assign a name to any controlled dog area or open dog area: (b) Deﬁne the boundaries of any controlled dog area or (c) (d) (e) open dog area: Impose conditions in relation to access to, and control of dogs in, any controlled dog area or any open dog area: Specify the times of day and periods of the year when a controlled dog area may be open to dogs: Describe the area of any controlled dog area or open dog area and deﬁne the boundaries of any such area by one or more of the following methods: (i) By reference to any plan lodged in the Ofﬁce of the Chief Surveyor and approved by the Chief Surveyor: By reference to any plan certiﬁed as correct for the purposes of section 62 of this Act: (ii) (iii) By reference to any existing survey: (iv) In accordance with standards agreed from time to time by the Director­General and the Chief Surveyor or Surveyor­General, as the case may be: By reference to any description or plan or both in­ cluded in any conservation management strategy either notiﬁed or approved under section 17F of this Act: (v) (vi) By any description which is referenced to a map held by the Director­General and which, in the Minister’s opinion, will adequately identify the area and its boundary: (vii) By reference to any description or plan in any relevant Gazette notice.
Part 5C (comprising sections 26ZS to 26ZZT) was inserted, as from 2 May 1996, by section 3 Conservation Amendment Act (No 2) 1996 (1996 No 14).
26ZV Matters about which Minister must be satisﬁed The Minister shall not publish a notice under section 26ZS of this Act in respect of any land unless the Minister is satisﬁed— That the declaration of that land as a controlled dog area (a) or an open dog control area is consistent with— 146 Reprinted as at 1 October 2008 Conservation Act 1987 Part 5C s 26ZW The purposes for which the land is held; and (i) (ii) Where the land is part of a conservation area, the management objectives of the conservation area as set out in the relevant conservation manage­ ment strategy or conservation management plan; and (b) That, in any case where the land is to be declared to be an open dog area, the declaration of the land as an open dog area, with or without conditions,— (i) Will not result in any signiﬁcant risk of injury to or disturbance of protected wildlife vulnerable to dogs known by the Minister to be present, or, by reason of the habitat or source of food that the land provides, to be likely to be present, on the land; and Is consistent with any plans to reintroduce pro­ tected wildlife vulnerable to dogs onto the land.
Part 5C (comprising sections 26ZS to 26ZZT) was inserted, as from 2 May 1996, by section 3 Conservation Amendment Act (No 2) 1996 (1996 No 14).
(ii) 26ZW Matters to be taken into account in relation to declaration The Minister shall, in deciding whether to publish a notice under section 26ZS of this Act in respect of any land that is part of a conservation area, take account of— The purposes for which the land is held: (a) The provisions of any relevant— (b) (i) (ii) (iii) Conservation management plan: Statement of general policy; or Conservation management strategy; or (c) Where any protected wildlife vulnerable to dogs is pre­ sent, or, by reason of the habitat or source of food that the land provides, is likely to be present, on or in the vicinity of the land, the actual or potential risk of injury to, or disturbance of, that wildlife: The proximity of the land to urban centres, and the his­ tory and potential of the land as a recreation opportunity for people with dogs: (d) 147 Part 5C s 26ZX Conservation Act 1987 Reprinted as at 1 October 2008 (e) The range and variety of other public places which are available for recreational use by people with dogs and which have traditionally been so used by people with dogs who might use the land were it declared to be a controlled dog area or an open dog area: Any adverse effects on recreational use and enjoyment by people without dogs that might result from the use of the land as a controlled dog area or an open dog area.
Part 5C (comprising sections 26ZS to 26ZZT) was inserted, as from 2 May 1996, by section 3 Conservation Amendment Act (No 2) 1996 (1996 No 14).
(f) 26ZX Matters relevant to determination of conditions The Minister, in determining the conditions to be included in any notice published under section 26ZS of this Act in relation to any land, shall have regard, among other things, to— (a) (b) (c) (d) (e) Any actual or potential risk to protected wildlife vulner­ able to dogs that is present, or, by reason of the habitat or source of food that the land provides, is likely to be present on or in the vicinity of the land: The purposes for which the land is held: The provisions of any relevant statement of general pol­ icy, conservation management strategy, or conservation management plan: The need to preserve the safety of members of the public who are likely to be on the land or in the vicinity of the land: Any conﬂict between— (i) (ii) Other users of the land— that may or will occur on the land in relation to the use of the land.
Dogs or people with dogs; and Part 5C (comprising sections 26ZS to 26ZZT) was inserted, as from 2 May 1996, by section 3 Conservation Amendment Act (No 2) 1996 (1996 No 14).
26ZY Preparation of discussion document Where the Minister proposes the establishment of a controlled dog area or an open dog area or both, the Minister shall forth­ with prepare, after consultation with the appropriate conser­ vation boards, regional councils, territorial authorities, iwi au­ 148 Reprinted as at 1 October 2008 Conservation Act 1987 Part 5C s 26ZZ thorities, ﬁsh and game councils, and such other persons or organisations as the Minister thinks appropriate, a discussion document that shall— (a) Deﬁne the boundaries of the proposed controlled dog area or open dog area: State the name of the proposed controlled dog area or open dog area: Identify the protected wildlife vulnerable to dogs known to be, or likely to be, in the area and the periods of the day or the periods of the year at which such protected wildlife is likely to be present: (b) (c) (d) Where there are periods of the day or periods of the year at which protected wildlife vulnerable to dogs is known to be in the area, or, by reason of the habitat or source of food the land provides, is likely to be in the area,— Specify, either generally or in relation to spe­ (i) ciﬁed parts of the land (including the marginal strips), the periods of the day or the periods of the year at which dogs should, due to the presence or likely presence throughout the year of protected wildlife vulnerable to dogs, either not be allowed at any time or should be controlled; or Specify areas that, due to the presence or likely presence at certain periods of the day or certain periods of the year of protected wildlife vulner­ able to dogs, may be open only for speciﬁed periods of the day or speciﬁed periods of the year: Specify the conditions that appear appropriate in rela­ tion to access to, and control of dogs in, any open dog area or controlled dog area.
(ii) (e) Part 5C (comprising sections 26ZS to 26ZZT) was inserted, as from 2 May 1996, by section 3 Conservation Amendment Act (No 2) 1996 (1996 No 14).

26ZZ Notiﬁcation of discussion document (1) The discussion document shall be publicly notiﬁed by the Min­ ister in accordance with section 49(1) of this Act.

In addition, the Minister shall serve copies of the discussion document on the appropriate regional councils, territorial au­ thorities, and iwi authorities.
(2) 149 Part 5C s 26ZZA Conservation Act 1987 Reprinted as at 1 October 2008 (3) The notice under subsection (1) of this section shall— (a) (b) State that the discussion document is available for in­ spection at the places and times speciﬁed in the notice; and Call upon persons or organisations interested to lodge with the Director­General submissions on the discus­ sion document before the date speciﬁed in that behalf in the notice, being a date not less than 40 working days after the date of publication of the notice.
Part 5C (comprising sections 26ZS to 26ZZT) was inserted, as from 2 May 1996, by section 3 Conservation Amendment Act (No 2) 1996 (1996 No 14).
26ZZA Inspection of discussion document From the date of public notiﬁcation of a discussion document until the end of the period speciﬁed in the notice published under section 26ZZ of this Act, the Director­General shall make the discussion document available for public inspection during normal ofﬁce hours, in such places and quantities as are likely to encourage public participation.
Part 5C (comprising sections 26ZS to 26ZZT) was inserted, as from 2 May 1996, by section 3 Conservation Amendment Act (No 2) 1996 (1996 No 14).

26ZZB Submissions on discussion document Any person or organisation may make written submissions to the Director­General on the discussion document at the place and before the date speciﬁed in that behalf in the notice.

Part 5C (comprising sections 26ZS to 26ZZT) was inserted, as from 2 May 1996, by section 3 Conservation Amendment Act (No 2) 1996 (1996 No 14).
26ZZC Hearing of submissions (1) The Director­General shall give every person or organisation who or which, in making any submissions on the discussion document, asked to be heard in support of his or her or its submissions a reasonable opportunity of appearing before a representative or representatives of the Director­General.

(2) Any representative or representatives of the Director­General may hear submissions from any other person or organisation consulted on the discussion document.
Part 5C (comprising sections 26ZS to 26ZZT) was inserted, as from 2 May 1996, by section 3 Conservation Amendment Act (No 2) 1996 (1996 No 14).

150 Reprinted as at 1 October 2008 Conservation Act 1987 Part 5C s 26ZZG 26ZZD Summary of submissions The Director­General shall prepare a summary of the submis­ sions received on the discussion document.

Part 5C (comprising sections 26ZS to 26ZZT) was inserted, as from 2 May 1996, by section 3 Conservation Amendment Act (No 2) 1996 (1996 No 14).
26ZZE Recommendation of Director­General (1) The Director­General shall, after considering such submis­ sions and public opinion and having regard to the views of the relevant Conservation Boards and ﬁsh and game councils, re­ vise the discussion document and any recommendations con­ tained in the discussion document and send it to the Minister for approval.
The Minister shall— (a) (b) Approve the recommendations with such changes as the Approve the recommendations; or (2) Minister considers appropriate; or Decline to approve the recommendations.

(c) Part 5C (comprising sections 26ZS to 26ZZT) was inserted, as from 2 May 1996, by section 3 Conservation Amendment Act (No 2) 1996 (1996 No 14).
26ZZF Issue of notice Where the Director­General recommends the publication of a notice under section 26ZS of this Act, the Minister,— (a) If he or she is satisﬁed about the matters speciﬁed in section 26ZT of this Act; and If he or she has taken into account the matters speciﬁed in section 26ZU of this Act; and If he or she in ﬁxing any conditions has had regard to the matters speciﬁed in section 26ZV of this Act,— (b) (c) may approve the recommendation, with or without changes, and may publish in the Gazette a notice under section 26ZS of this Act.
Part 5C (comprising sections 26ZS to 26ZZT) was inserted, as from 2 May 1996, by section 3 Conservation Amendment Act (No 2) 1996 (1996 No 14).

26ZZG Restrictions on access to controlled dog area Except as provided in sections 26ZZH and 26ZZI of this Act, no person, being an owner of a dog or a person in charge of 151 Part 5C s 26ZZH Conservation Act 1987 Reprinted as at 1 October 2008 a dog, shall allow that dog to enter or remain in any part of a controlled dog area.
Part 5C (comprising sections 26ZS to 26ZZT) was inserted, as from 2 May 1996, by section 3 Conservation Amendment Act (No 2) 1996 (1996 No 14).

26ZZH Dog control permits (1) Subject to section 26ZZI of this Act, the Director­General may from time to time issue in respect of any dog a dog control permit allowing the owner or any other person in charge of that dog to take that dog into any controlled dog area speciﬁed in the permit.
(2) Without limiting the generality of subsection (1) of this sec­ tion, it is hereby declared that the Director­General may refuse to issue a dog control permit if the permit is sought— (a) In relation to a dog that is classiﬁed as a dangerous dog under section 31 of the Dog Control Act 1996 or is not registered under that Act; or By a person who is— (i) A person classiﬁed under section 21(1) of the Dog Control Act 1996 as a probationary owner; or (b) (ii) A person disqualiﬁed under section 25 of the Dog Control Act 1996 from being the owner of any dog; or (iii) A person who has been convicted of an offence under the Dog Control and Hydatids Act 1982; or (iv) A person who has been convicted of an offence against section 26ZZP or section 26ZZQ of this Act or section 56I of the National Parks Act 1980; or (v) A person who has been convicted of an of­ fence against the Wildlife Act 1953, the Marine Mammals Protection Act 1978, or the Trade in Endangered Species Act 1989 or any regulations made under any of those Acts.
(3) Every dog control permit issued under subsection (1) of this section shall be subject to— 152 Reprinted as at 1 October 2008 Conservation Act 1987 Part 5C s 26ZZK (a) (b) The condition that the holder carry the permit on his or her person whenever the holder is in a controlled dog area and is accompanied by the dog; and Such other conditions as the Director­General thinks ﬁt to impose.
Every dog control permit issued under subsection (1) of this section shall state the activity and purpose for which it is is­ sued.

Part 5C (comprising sections 26ZS to 26ZZT) was inserted, as from 2 May 1996, by section 3 Conservation Amendment Act (No 2) 1996 (1996 No 14).
(4) (2) 26ZZI Requirements in relation to dog control permits (1) The Director­General, in exercising his or her powers under subsection (1) or subsection (3)(b) of section 26ZZH of this Act shall have regard to the matters speciﬁed in sections 26ZV to 26ZX of this Act.
The Director­General shall not issue a dog control permit under section 26ZZH(1) of this Act unless he or she is satis­ ﬁed— (a) (b) That a dog is essential for the proposed activity; and That the proposed activity— Is lawful; and (i) Is not inconsistent with the purposes for which (ii) the land is held or any relevant conservation man­ agement strategy or conservation management plan.
Part 5C (comprising sections 26ZS to 26ZZT) was inserted, as from 2 May 1996, by section 3 Conservation Amendment Act (No 2) 1996 (1996 No 14).

26ZZJ Power to amend or revoke dog control permit The Director­General may amend or revoke any dog control permit issued under section 26ZZH(1) of this Act.

Part 5C (comprising sections 26ZS to 26ZZT) was inserted, as from 2 May 1996, by section 3 Conservation Amendment Act (No 2) 1996 (1996 No 14).
26ZZK Persons authorised to take dogs into controlled dog area without dog control permit (1) Any person being— (a) A Police employee; or 153 Part 5C s 26ZZL Conservation Act 1987 Reprinted as at 1 October 2008 A search and rescue person,— An ofﬁcer or employee of the Department; or (b) A warranted ofﬁcer; or (c) (d) A Customs Ofﬁcer; or (e) may, in the course of his or her ofﬁcial duties or in the course of his or her training for those duties and without being the holder of a dog control permit, take a dog into a controlled dog area.
(2) Any blind or partly blind person who uses a guide dog may, without being the holder of a dog control permit, take that guide dog into a controlled dog area.

(3) Any person who uses a companion dog may, without being the holder of a dog control permit, take that companion dog into a controlled dog area.

Part 5C (comprising sections 26ZS to 26ZZT) was inserted, as from 2 May 1996, by section 3 Conservation Amendment Act (No 2) 1996 (1996 No 14).
Section 26ZZK(1)(a): amended, on 1 October 2008, by section 130(1) of the Policing Act 2008 (2008 No 72).

26ZZL Seizure and destruction of dogs (1) Any warranted ofﬁcer who ﬁnds a dog in a controlled dog area, may, unless that dog— (a) Is in the controlled dog area in accordance with a dog control permit issued under section 26ZZH(1) of this Act; or Is in the controlled dog area in accordance with section 26ZZK of this Act,— (b) seize the dog.
(2) Where a dog is in a controlled dog area by virtue of a dog control permit issued under section 26ZZH(1) of this Act, any warranted ofﬁcer may seize that dog if— (a) The dog is not in the immediate vicinity of the holder of the permit and the warranted ofﬁcer has good cause to suspect that there is a signiﬁcant risk— (i) Of injury to any person or any protected wildlife; or (ii) Of disturbance to any protected wildlife; or (b) Any condition, being a condition imposed under section 26ZU(c) of this Act in relation to the controlled dog area 154 Reprinted as at 1 October 2008 Conservation Act 1987 Part 5C s 26ZZM or a condition of the permit, is not being observed in relation to the dog; or The holder of the permit is in the immediate vicinity of the dog but the warranted ofﬁcer has good cause to sus­ pect that the holder of the permit is unwilling or unable to control the dog; or The dog has caused injury to any person or to any pro­ tected wildlife or has killed any protected wildlife.
(c) (d) (3) Where a dog is at large in an open dog area and, a warranted ofﬁcer or any other person, has good cause to suspect— (a) That any condition imposed under section 26ZU(c) of this Act in relation to the open dog area is not being observed in relation to that dog; or That dog is likely to cause annoyance or distress to any person or animal; or That dog is likely to damage any property in the open dog area; or That dog has caused annoyance or distress to any person or animal; or That dog has damaged any property in the open dog area; or That dog has caused injury to any person or to any pro­ tected wildlife or has killed any protected wildlife,— (b) (c) (d) (e) (f) that warranted ofﬁcer or other person may seize that dog.
(4) Where a warranted ofﬁcer has, under any provision of subsec­ tions (1) to (3) of this section, power to seize a dog but is of the opinion that it is impracticable or dangerous to do so, that war­ ranted ofﬁcer may, without any further inquiry, destroy that dog.

Part 5C (comprising sections 26ZS to 26ZZT) was inserted, as from 2 May 1996, by section 3 Conservation Amendment Act (No 2) 1996 (1996 No 14).
26ZZM Disposal of seized dog (1) Where a warranted ofﬁcer or any other person seizes a dog under any provision of section 26ZZL of this Act, that war­ ranted ofﬁcer or other person may— (a) (b) Hold the dog in a kennel under the Director­General’s Cause that dog to be returned to its owner; or custody; or 155 Part 5C s 26ZZM Conservation Act 1987 Reprinted as at 1 October 2008 (c) Place the dog in the custody of a territorial authority to be impounded under section 69 of the Dog Control Act 1996.
(2) Where a dog is held by the Director­General under subsection (1)(b) of this section, the following provisions shall apply: (a) (b) The Director­General may, in his or her discretion, re­ turn the dog to its owner subject to payment by the owner of any charges incurred, unless the Director­Gen­ eral, in his or her discretion, decides to waive or reduce the charges: The Director­General or an employee of the Depart­ ment shall, as soon as practicable after the dog has been seized,— (i) Give written notice to the nearest territorial au­ thority that the dog has been seized and is held by the Department and shall include in that no­ tice a description of the dog and any other means of identifying it: (ii) Give written notice to the owner of the dog (where the owner of the dog is known or can reasonably be located) that the dog has been seized and that, unless the dog is claimed and any charges paid within 7 days of the receipt of that notice, the dog may be sold, destroyed, or otherwise disposed of in such manner as the Dir­ ector­General thinks ﬁt; and after the expiry of that period the Director­General may so dispose of the dog: (c) Where the owner of the dog is not known and cannot be identiﬁed, the Director­General may, after the expiry of 7 days after the date of the seizure of the dog, sell, destroy, or otherwise dispose of the dog in such manner as the Director­General thinks ﬁt: The sale, destruction, or other disposal of a dog under these provisions shall not relieve any former owner of the dog of the liability to pay any fees incurred in respect of the dog’s seizure, sustenance, and holding.
(d) (3) Where a dog which is not registered under the Dog Control Act 1996 but which ought to be so registered is held by the 156 Reprinted as at 1 October 2008 Conservation Act 1987 Part 5C s 26ZZO (4) Department under subsection (1)(b) of this section, no offence is committed against section 42 of that Act by the person hold­ ing the dog under subsection (1)(b) of this section.
Except as provided in subsection (1)(c) of this section, nothing in section 69 of the Dog Control Act 1996 affects or limits the provisions of this section.

Part 5C (comprising sections 26ZS to 26ZZT) was inserted, as from 2 May 1996, by section 3 Conservation Amendment Act (No 2) 1996 (1996 No 14).
26ZZN Supply of information in relation to ownership of dogs (1) No employee of the Department shall disclose, otherwise than in accordance with this section, information which is given to a territorial authority under section 26ZZM(2)(b)(i) of this Act and which— (a) Identiﬁes, or will assist any person to identify, the name and address of the registered owner of any speciﬁed dog; or Identiﬁes, or will assist any person to identify, the ad­ dress at which the speciﬁed dog is ordinarily kept.
(b) Any member of the Police; or (2) Where— (a) (b) Any ofﬁcer of the Department; or Any territorial authority; or (c) (d) Any society established for the prevention of cruelty to animals or for animal welfare purposes; or Any inspector under the Animal Welfare Act 1999; or Any registered veterinary surgeon— (e) (f) requests, for any lawful purpose, any information of the kind described in subsection (1) of this section which is held by the Department, the Department shall comply with the request.
Part 5C (comprising sections 26ZS to 26ZZT) was inserted, as from 2 May 1996, by section 3 Conservation Amendment Act (No 2) 1996 (1996 No 14).

Paragraph (e) was amended, as from 1 January 2000, by section 194 Animal Welfare Act 1999 (1999 No 142) by substituting the words “Animal Welfare Act 1999” for the words “Animals Protection Act 1960”.
26ZZO Recovery of costs relating to dogs (1) The reasonable costs of the seizure, holding, maintaining, or destruction of a dog under this Part of this Act shall constitute a debt due to the Crown by the owner of the dog and, subject 157 Part 5C s 26ZZP Conservation Act 1987 Reprinted as at 1 October 2008 (2) to subsection (2) of this section, shall be recoverable by the Director­General from the owner of the dog.
The Director­General may, in the Director­General’s absolute discretion, refund or waive payment of all or any part of any sum paid or required to be paid under this section.

Part 5C (comprising sections 26ZS to 26ZZT) was inserted, as from 2 May 1996, by section 3 Conservation Amendment Act (No 2) 1996 (1996 No 14).
26ZZP Offences Every person commits an offence against this Act and is li­ able on summary conviction to imprisonment for a term not exceeding 12 months or to a ﬁne not exceeding $10,000 or to both who,— (a) (b) (c) (d) Being the owner of a dog or a person in charge of a dog, allows that dog, in contravention of section 26ZZG of this Act, to enter or remain in any part of a controlled dog area; or Being the holder of a dog control permit issued to that person under section 26ZZH(1) of this Act, takes any dog to which that permit relates into any part of the controlled dog area otherwise than in accordance with the conditions of that permit; or Being the owner of a dog or a person in charge of a dog, fails to keep under his or her immediate or apparent control a dog that he or she has taken into a controlled dog area; or Being the owner or a person in charge of a dog, fails, in relation to any controlled dog area or open dog area, to comply with any condition imposed under section 26ZU(c) of this Act in relation to that controlled dog area or open dog area.
Part 5C (comprising sections 26ZS to 26ZZT) was inserted, as from 2 May 1996, by section 3 Conservation Amendment Act (No 2) 1996 (1996 No 14).
26ZZQ Dogs causing serious injury to protected wildlife The owner of any dog that, in any controlled dog area or open dog area, attacks any protected wildlife and causes— The death of any protected wildlife; or (a) 158 Reprinted as at 1 October 2008 Conservation Act 1987 Part 5C s 26ZZR (b) Such injury to any protected wildlife that it becomes necessary to destroy the animal to terminate its suffer­ ing,— commits an offence and is liable on summary conviction to imprisonment for a term not exceeding 12 months or a ﬁne not exceeding $10,000, or both, and the Court shall, on convicting the owner, make an order for the destruction of the dog unless satisﬁed that the circumstances of the attack were exceptional and do not justify destruction.
Part 5C (comprising sections 26ZS to 26ZZT) was inserted, as from 2 May 1996, by section 3 Conservation Amendment Act (No 2) 1996 (1996 No 14).
26ZZR Power of warranted ofﬁcer to request information (1) Any warranted ofﬁcer may, for the purposes of dog control in any controlled dog area, request any person who is in that controlled dog area and who appears to be in charge of any dog to state his or her own name, address, and date of birth, and, where that person claims not to be the owner of the dog, to state the name and address of the owner of the dog.
Every person commits an offence and is liable on summary conviction to a ﬁne not exceeding $1,500 who, without rea­ sonable excuse, fails or refuses to comply with any lawful re­ quest under subsection (1) of this section, or wilfully states a false name or address or date of birth in response to such a re­ quest.
(2) (3) Any warranted ofﬁcer who is a constable and who— (a) Has good cause to suspect that an offence against sub­ section (2) of this section has been committed by any person; and (b) Has warned that person of the provisions of this subsec­ (c) tion; and Has good cause to suspect that a further offence against subsection (2) of this section has been committed by that person subsequent to the warning,— may arrest that person without a warrant.
Part 5C (comprising sections 26ZS to 26ZZT) was inserted, as from 2 May 1996, by section 3 Conservation Amendment Act (No 2) 1996 (1996 No 14).
159 Part 5C s 26ZZS Conservation Act 1987 Reprinted as at 1 October 2008 26ZZS No liability where dog wounded in attempt to destroy (1) No person who is entitled under this Act to destroy any dog, and who does so in a reasonable manner or who wounds or maims the dog in the course of attempting to so destroy it, shall be under any criminal or civil liability for the injury done to the dog or for its death.
(2) Nothing in subsection (1) of this section shall apply to any person who wounds or maims a dog in the course of attempting to destroy it and does not take all reasonable steps to terminate its suffering.

Compare: 1982 No 42 s 81 Part 5C (comprising sections 26ZS to 26ZZT) was inserted, as from 2 May 1996, by section 3 Conservation Amendment Act (No 2) 1996 (1996 No 14).
26ZZT Limitation of liability for damage No warranted ofﬁcer shall be liable for any loss or damage caused to the owner of any dog or other property or land that is necessitated by the due administration of this Act.

Part 5C (comprising sections 26ZS to 26ZZT) was inserted, as from 2 May 1996, by section 3 Conservation Amendment Act (No 2) 1996 (1996 No 14).
Part 6 Miscellaneous Covenants 27 (1) Notwithstanding any enactment or rule of law,— (a) (b) There may be granted or reserved over any land any covenant for conservation purposes in favour of the Minister; and Every such covenant shall run with and bind the land that is subject to the burden of the covenant, and shall be deemed to be an interest in land for the purposes of the Land Transfer Act 1952.
Subject to subsection (3) of this section, where a covenant is granted or reserved under this section, the District Land Regis­ trar of the land registration district affected, on the application of the Director­General, shall, without fee, enter in the ap­ propriate registers a notiﬁcation that the land affected by the covenant is subject to the burden of the covenant.
(2) 160 Reprinted as at 1 October 2008 Conservation Act 1987 Part 6 s 27A (3) Where the burden of a covenant under this section applies to land comprising part of the land in a certiﬁcate or instrument of title, a District Land Registrar shall not enter in any register a notiﬁcation of the covenant unless— (a) (b) The land to which the covenant relates is deﬁned on an existing plan approved under the Land Transfer Act 1952 or a new plan approved under that Act; or The document incorporating the covenant is accompan­ ied by a certiﬁcate given by the Surveyor­General, or the Chief Surveyor of the land district in which the land is situated, to the effect that the covenant is adequately described and properly deﬁned— (i) (ii) For the nature of the covenant; and In relation to existing surveys made in accord­ ance with regulations for the time being in force for the purpose; and In accordance with standards agreed from time to time by the Director­General and either the Surveyor­General or the Chief Surveyor, as the case may be.
(iii) Section 27 was substituted, as from 10 April 1990, by section 18 Conservation Law Reform Act 1990 (1990 No 31).

Subsection (2) was amended, as from 25 November 1994, by section 20(1) Con­ servation Amendment Act 1994 (1994 No 108) by substituting the words “Sub­ ject to subsection (3) of this section, where” for the word “Where”.

Subsection (3) was inserted, as from 25 November 1994, by section 20(2) Con­ servation Amendment Act 1994 (1994 No 108).
27A Nga Whenua Rahui kawenata (1) Notwithstanding any enactment or rule of law,— (a) If satisﬁed that any Maori land or Crown land held under a Crown lease by Maori should be managed for conservation purposes so as to preserve and protect— (i) (ii) The natural and historic values of the land; or The spiritual and cultural values which Maori as­ sociate with the land,— the Minister may, subject to subsection (2) of this sec­ tion, treat and agree with the owner or the lessee for a Nga Whenua Rahui kawenata to provide for the man­ 161 Part 6 s 27A Conservation Act 1987 Reprinted as at 1 October 2008 agement of the land in a manner that will achieve those purposes: (b) A Nga Whenua Rahui kawenata under this section may be in perpetuity or for any speciﬁc term or may be in perpetuity subject to a condition that at agreed intervals of not less than 25 years the parties to the Nga Whenua Rahui kawenata shall review the objectives, conditions, and continuance of the Nga Whenua Rahui kawenata; and on such review the parties may mutually agree that the Nga Whenua Rahui kawenata shall be terminated, or the owner or lessee may terminate the Nga Whenua Rahui kawenata on giving such notice (being not less than 6 months) as may be agreed.
The Crown shall have regard to the manawhenua of the owner or lessee in any such review: (c) While any Nga Whenua Rahui kawenata under this sec­ tion remains in force, sections 36 to 43 and 44 to 47 of this Act, as far as they are applicable and with the ne­ cessary modiﬁcations, but subject to the terms of the Nga Whenua Rahui kawenata, shall apply to the land affected thereby in all respects as if it were a conserva­ tion area, notwithstanding that the land or the interest of the lessee may be sold or otherwise disposed of: Every such Nga Whenua Rahui kawenata shall run with and bind the land that is subject to the burden of the Nga Whenua Rahui kawenata, and shall be deemed to be an interest in land for the purposes of the Land Transfer Act 1952: (d) (e) Where a Nga Whenua Rahui kawenata is entered into under this section, the District Land Registrar of the land registration district affected, on the application of the Director­General, shall, without fee, enter in the ap­ propriate folio of the register relating to the land that is subject to the burden of the Nga Whenua Rahui kawe­ nata a notiﬁcation thereof: Subject to section 33 of this Act, any money payable as consideration for a Nga Whenua Rahui kawenata shall be paid out of money appropriated by Parliament.
(f) 162 Reprinted as at 1 October 2008 Conservation Act 1987 Part 6 s 27A (2) (3) In the case of a Crown lease other than a lease administered by the Department of Conservation, the consent of the Minister of Lands shall be required before a Nga Whenua Rahui kawenata is entered into, and that Minister may give consent subject to the inclusion of any condition in the Nga Whenua Rahui kawenata or conditions, and may agree to a reduction in rent if, having regard to the basis for ﬁxing the rent, it appears fair and equitable to do so.
In the case of a Crown lease administered by the Department of Conservation, the Minister may agree to a reduction in rent if, having regard to the basis for ﬁxing the rent, it appears fair and equitable to do so.
(4) Where the burden of a Nga Whenua Rahui kawenata under this section applies to land comprising part of the land in a certiﬁ­ cate or instrument of title, a District Land Registrar shall not enter in any register a notiﬁcation of the Nga Whenua Rahui kawenata unless— (a) (b) The land to which the Nga Whenua Rahui kawenata relates is deﬁned on an existing plan approved under the Land Transfer Act 1952 or a new plan approved under that Act; or The document incorporating the Nga Whenua Rahui kawenata is accompanied by a certiﬁcate given by the Surveyor­General, or the Chief Surveyor of the land dis­ trict in which the land is situated, to the effect that the Nga Whenua Rahui kawenata is adequately described and properly deﬁned— (i) For the nature of the Nga Whenua Rahui kawe­ nata; and In relation to existing surveys made in accord­ ance with regulations for the time being in force for the purpose; and In accordance with standards agreed from time to time by the Director­General and either the Surveyor­General or the Chief Surveyor, as the case may be.
(ii) (iii) Section 27A was inserted, as from 24 March 1993, by section 3 Conservation Amendment Act 1993 (1993 No 9).

Subsection (4) was substituted, as from 25 November 1994, by section 21 Con­ servation Amendment Act 1994 (1994 No 108).
163 Part 6 s 28 Conservation Act 1987 Reprinted as at 1 October 2008 28 (1) (2) (3) Resources other than land If satisﬁed that the acquisition of any natural or historic re­ source other than an interest in land is conducive to conserva­ tion generally, the Minister may, by agreement, acquire it for conservation purposes; and, subject to this Act, it shall there­ after be held for those purposes.
Subject to subsection (3) of this section, the Minister may dis­ pose of any natural or historic resource other than an interest in land if satisﬁed that— (a) (b) It is not required for conservation purposes; or Its disposal is desirable in order to enable or facilitate the acquisition for conservation purposes of some other natural resource.
Before disposing of any indigenous natural resource or historic resource other than an interest in land, the Minister shall give public notice of intention to do so; and section 49 of this Act shall apply accordingly.

Subsection (3) was amended, as from 13 March 1996, by section 31 Conser­ vation Amendment Act 1996 (1996 No 1) by substituting the words “any indi­ genous natural resource” for the words “a natural”.
29 Management agreements The Minister may enter into any agreement, contract, or ar­ rangement of any kind with any person on such terms and con­ ditions as the Minister thinks ﬁt, for the Minister, or the person on the Minister’s behalf, to carry out the conservation of any natural or historic resource on or in any land owned or under the control of the person.
Taking of plants 30 (1) No person shall take any plant on or from a conservation area except— (a) With the authority of and in accordance with a conces­ (aa) (b) sion under Part 3B of this Act; or In accordance with an access arrangement under the Crown Minerals Act 1991; or In accordance with a lease or licence granted before the commencement of this Act; or (c) 164 Reprinted as at 1 October 2008 Conservation Act 1987 Part 6 s 30 (ca) Pursuant to subsection (5) or subsection (6) of section 24H of this Act; or (d) (2) (3) The Director­General may authorise any person to take on or from a conservation area any plant intended to be used for traditional Maori purposes.
Except as provided in subsection (2) of this section, the Dir­ ector­General shall not authorise any person to take any indi­ genous plant on or from a conservation area for the purpose, or with the intention, of deriving gain or reward, whether pe­ cuniary or otherwise, from its wood.
(4) No conservation management strategy or conservation man­ agement plan, shall allow or provide for the taking from the conservation area to which it relates of any indigenous plant for the purpose of deriving gain or reward, whether pecuniary or otherwise, from its wood, except— (a) In accordance with a lease or licence granted before the commencement of this Act; or Pursuant to an authority under subsection (2) of this section.
(b) (5) (6) Every person commits an offence who acts in contravention of or fails to comply with any provision of this section.

Subsection (1)(a) was substituted, and subsection (1)(aa) was inserted, as from 1 July 1996, by section 32(1) Conservation Amendment Act 1996 (1996 No 1).

Subsection (1)(c) was substituted, as from 10 April 1990, and paragraph (ca) was inserted, as from 10 April 1990, by section 19(1) Conservation Law Reform Act 1990 (1990 No 31).
Subsection (1)(c) was repealed, as from 1 July 1996, by section 32(2)(a) Con­ servation Amendment Act 1996 (1996 No 1).

Subsection (1)(d) was repealed, as from 1 July 1996, by section 32(2)(a) Con­ servation Amendment Act 1996 (1996 No 1).

Subsection (4) was amended, as from 10 April 1990, by section 19(2) Conserva­ tion Law Reform Act 1990 (1990 No 31) by inserting the words “conservation management strategy or conservation”.
Subsection (5)(a) was substituted, as from 10 April 1990, by section 19(3) Con­ servation Law Reform Act 1990 (1990 No 31).

Subsection (5) was repealed, as from 1 July 1996, by section 32(2)(b) Conser­ vation Amendment Act 1996 (1996 No 1).

Subsection (6) was inserted, as from 10 April 1990, by section 19(4) Conserva­ tion Law Reform Act 1990 (1990 No 31).
165 Part 6 s 31 Conservation Act 1987 Reprinted as at 1 October 2008 31 Removal of shingle, etc [Repealed] Subsection (2) was amended, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69) by substituting the words “any of the functions speciﬁed in section 30(1)(c), (e), and (g) of the Resource Management Act 1991, a regional council” for the words “any of the objects speciﬁed in section 10 of the Soil Conservation and Rivers Control Act 1941, a catchment board or other local body,”.
Subsection (3) was inserted, as from 10 April 1990, by section 20 Conservation Law Reform Act 1990 (1990 No 31).

Sections 31 and 32 were repealed, as from 1 July 1996, by section 15(1) Con­ servation Amendment Act 1996 (1996 No 1).

32 Lessees, etc, may be required to make contributions [Repealed] Sections 31 and 32 were repealed, as from 1 July 1996, by section 15(1) Con­ servation Amendment Act 1996 (1996 No 1).
Receipts 33 (1) All money received by the Crown under this Act shall be paid in accordance with the Public Finance Act 1989 into the Crown Bank Account, the Department’s Departmental Bank Account, or a Trust Bank Account.
(2) Notwithstanding subsection (1) of this section, any person or body, unless prohibited from doing so by any Act, regulation, or instrument of trust, may make to the Minister a grant or gift of money for speciﬁed or general purposes of this Act; and the Minister may accept any such grant or gift for those purposes.
(3) All money received by the Minister under subsection (2) of this section shall be paid into a Trust Bank Account established under section 67 of the Public Finance Act 1989 to be known as the Department of Conservation Grants and Gifts Trust Ac­ count, and shall be applied to the purposes for which the grant or gift was made.

Subsection (1) was amended, as from 1 July 1989, by section 86(1) Public Fi­ nance Act 1989 (1989 No 44) by substituting the words “in accordance with the Public Finance Act .

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.

or a Trust Bank Account” for the words “into the Public Account, and shall be credited to funds or accounts from tine to time determined by the Minister of Finance,”.
Subsection (3) was amended, as from 1 July 1989, by section 86(1) Public Fi­ nance Act 1989 (1989 No 44) by substituting the words “a Trust Bank Account established under section 67 of the Public Finance Act 1989 to be” for the words 166 Reprinted as at 1 October 2008 Conservation Act 1987 Part 6 s 36 “the Public Account to the credit of an account within the Trust Account,”.

The words “without further appropriation than this subsection” were omitted by the same provision.
Annual reports 34 (1) As soon as is practicable after the end of each ﬁnancial year the Director­General shall give to the Minister a report on the operations of the Department for that year.

The Minister shall lay a copy of the report before the House of Representatives within 28 days after it has been given to the Minister if it is then in session or, if it is not then in session, within 28 days after the commencement of the next ensuing session.
(2) 35 Local authority contributions A local authority may make contributions out of its general fund or account for the management, improvement, or main­ tenance of any conservation area even if the area is outside its district.
Trespassing livestock 36 (1) All unbranded livestock that are at any time in any conserva­ tion area not comprised in a lease or licence for grazing pur­ poses under this Act, and that have no reputed owner, shall be deemed to be the property of the Crown, and any warranted ofﬁcer may cause any such livestock to be destroyed, sold, or otherwise disposed of, if authorised by the Minister to do so.
Before destroying, selling, or disposing of any animal under subsection (1) of this section, a warranted ofﬁcer shall take all reasonable steps to ascertain whether or not the animal has a reputed owner.
(2) (3) Where branded livestock, or livestock that have a reputed owner, found on any conservation area not comprised in a lease or licence for grazing purposes cannot be impounded by reason of their wildness and are causing signiﬁcant damage to natural or historic resources there, the Director­General may take all reasonable steps necessary to prevent the damage or reduce it to an insigniﬁcant level.
167 Part 6 s 37 Conservation Act 1987 Reprinted as at 1 October 2008 (4) Subsection (5) of this section does not affect or restrict the ex­ ercise of the powers conferred by subsection (3) of this section.
(5) Where branded livestock, or livestock that have a reputed owner, found on any conservation area not comprised in a lease or licence for grazing purposes cannot be impounded by reason of their wildness but are causing no signiﬁcant damage to natural or historic resources there, the Minister may authorise any warranted ofﬁcer to issue, once a week for 2 consecutive weeks in some newspaper circulating in the locality, a notice calling on the owner to remove them from the land and giving warning that if they are not removed within 1 month from the date of the ﬁrst of the notices they will be destroyed; and if any such livestock are not removed within the time mentioned in the notice, any warranted ofﬁcer may cause them to be destroyed if so authorised by the Minister, and no liability shall attach to the Crown, or the Minister, or the warranted ofﬁcer or any other person, for any damage occasioned by their destruction.
(5A) Any reasonable costs incurred by the Department in round­ ing up, destroying, or otherwise disposing of, in accordance with this section, any branded livestock shall be recoverable in any court of competent jurisdiction from the owner by the Director­General.

(6) A warranted ofﬁcer authorised under subsection (5) of this sec­ tion to issue a notice in respect of any livestock that have a re­ puted owner shall take all reasonable steps to bring the notice to the attention of the reputed owner.
In this section, branded means bearing a brand within the meaning of section 69 of the Animals Act 1967; and un­ branded has a corresponding meaning.

Subsection 5A was inserted, as from 10 April 1990, by section 21 Conservation Law Reform Act 1990 (1990 No 31).
(7) Production of permit, etc, on demand Every person who does any act for which under the provisions of this Act a permit, concession, right, or other authority is required shall, within a reasonable time after being required to do so by a warranted ofﬁcer, produce the appropriate permit, concession, right, or authority authorising the act.
37 (1) 168 Reprinted as at 1 October 2008 Conservation Act 1987 Part 6 s 38 (2) 38 (1) Every person commits an offence against this Act who fails or refuses to produce a permit, concession, right, or authority, when required by subsection (1) of this section to do so.

Section 37 was amended, as from 1 July 1996, by section 33 Conservation Amendment Act 1996 (1996 No 1) by inserting the word “concession,”.
Hunting, etc The Director­General may,— (a) If it is in accordance with the management plan (if any) of a conservation area; and (b) Having had regard to the safety of members of the pub­ lic who are likely to be in the area, or any part of it, or any other land near the area,— (3) issue permits for hunting in the area or any speciﬁed part of it.

(2) A permit may be issued under subsection (1) of this section either unconditionally or subject to any conditions the Dir­ ector­General thinks ﬁt.
The Director­General may charge for the issue of a permit under subsection (1) of this Act any fee not exceeding the ap­ propriate proportion of the costs of administering the issue of such permits.
Every person commits an offence against this Act who, know­ ingly and without a permit in that behalf issued under subsec­ tion (1) of this section or section 26ZZH of this Act, or know­ ingly and otherwise than in compliance with any conditions subject to which such a permit has been issued,— (a) Discharges any hunting weapon on, into, or over any conservation area; or (4) (b) Molests or pursues any animal in a conservation area; (c) or Captures, kills, poisons, tranquillises, traps, or immo­ bilises by any means, any animal in a conservation area; or (d) Has in possession in any conservation area any animal or animal product; or (e) Whether or not any animal or animal product is taken, takes or uses in or over any conservation area any air­ craft, dog, hunting weapon, net, poison, ship, snare, or vehicle, for the purpose of molesting, pursuing, captur­ 169 Part 6 s 38 Conservation Act 1987 Reprinted as at 1 October 2008 ing, killing, poisoning, tranquillising, trapping, or im­ mobilising, by any means, any animal; or Takes any animal product in a conservation area; or (f) (g) Whether or not any animal product is taken, takes or uses in or over any conservation area any aircraft, dog, net, ship, or vehicle, for the purpose of taking any ani­ mal product; or Enters any conservation area with a hunting weapon, net, trap, or snare, or with poison; or Sets any net, trap, or snare, on any conservation area; or Allows any animal to molest, pursue, or kill, any ani­ mal, in a conservation area.
(i) (j) (h) (5) Nothing in subsection (4) of this section applies to any ﬁsh.

(6) Every person commits an offence against this Act who uses, receives, sells, or otherwise disposes of any animal or animal product, knowing it to have been taken in contravention of subsection (4) of this section.
Evidence that any person was found in any conservation area in possession of any animal, animal product, natural resource, or plant, capable of being captured or taken in that area shall, for the purposes of proceedings under this section or section 39 of this Act, be evidence that the person captured or took it in the area.
In any such proceedings, the averment that any land is a con­ servation area shall be sufﬁcient without proof of the fact, un­ less the defendant proves to the contrary; and all plans, maps, leases, licences, certiﬁcates, and copies certiﬁed as true under the hand of the Director­General or Chief Surveyor shall be sufﬁcient evidence of their contents without production of ori­ ginal records and without the personal attendance of those ofﬁ­ cers or proof of their signatures, unless the defendant adduces evidence to the contrary and the interests of justice requires the attendance of one of the ofﬁcers.
Subsection (4) was amended, as from 2 May 1996, by section 8 Conservation Amendment Act (No 2) 1996 (1996 No 14) by inserting the words “or section 26ZZH of this Act”.
(7) (8) 170 Reprinted as at 1 October 2008 Conservation Act 1987 Part 6 s 39 39 (1) Other offences in respect of conservation areas Every person commits an offence against this Act who know­ ingly, and without the authority of the Minister or the Dir­ ector­General,— (a) Enters or remains in any conservation area declared closed by the Minister pursuant to section 13 of this Act; or Enters any conservation area with a vehicle, ship, or air­ craft, in breach of any prohibition or restriction imposed pursuant to this Act; or (b) (d) (ba) Contravenes or fails to comply with any provision of section 17O(2) or section 17ZF of this Act; or (c) Liberates any animal on any conservation area; or (ca) Causes or allows any cattle, sheep, horse, or other ani­ mal of any kind whatever to enter on any conservation area; or Plants any plant, or sows or scatters the seed of any plant, or, knowing that it is likely to be injurious to plants or animals, introduces any substance, in or on any conservation area; or Interferes with or damages in any way historic or natural features of or on any conservation area; or Erects any building, sign, hoarding, or structure, on any conservation area; or (g) Constructs any apparatus on any conservation area; or (ga) Conducts in any conservation area, any activity for which a concession is required under this Act; or Takes or removes any gravel, sand, stone, clay, lime­ stone, or other such natural resource, otherwise than in accordance with a concession or some enactment other than this Act.
(h) (e) (f) (2) (3) Every person commits an offence against this Act who know­ ingly, and without reasonable excuse, takes any plant on or from a conservation area in contravention of section 30(1) of this Act.
Every person commits an offence against this Act who, know­ ingly and without reasonable excuse, disposes of any contam­ inant into or onto any conservation area or in a position where 171 Part 6 s 39 Conservation Act 1987 Reprinted as at 1 October 2008 (4) (5) it is likely to spill, drift, or blow onto or percolate or wash onto or into any conservation area.
Every person commits an offence who disturbs, injures, poisons, kills, or detrimentally affects any freshwater ﬁshery, ﬁsh spawning ground, or food of freshwater ﬁsh in any river, stream, lake, or any other water, by allowing any contaminant to enter into any such water or refuses to remove as much as may be practicable of the contaminant in respect of which the breach arose immediately upon having been ordered to do so by a warranted ofﬁcer.
For the purposes of this section, a person shall be deemed to allow a contaminant or water containing a contaminant to en­ ter into water if that person places or discharges or causes or permits to be placed or discharged any contaminant or water containing any contaminant, in a position where that contam­ inant or any other contaminant emanating as a result of a nat­ ural process from that contaminant is liable to ﬂow, fall, or descend into, or to be washed or percolate into, or to be car­ ried by wind, tide, or current into, any water.
(6) Where any person is convicted of an offence under subsec­ tion (4) of this section that person shall be liable to a ﬁne not exceeding $30,000, and to a further ﬁne of $3,000 per day if the offence is a continuing one; but it shall be a defence to the charge if the defendant can show that the contaminant was discharged in terms of the conditions of a current discharge permit granted under the Resource Management Act 1991 or was a permitted activity in the relevant regional plan under that Act, and for this purpose it shall be a sufﬁcient defence to produce a certiﬁcate to that effect from the regional council in the area of which the permit was purported to be granted or activity otherwise permitted.
Subsection (4) of this section shall apply in respect of all fore­ shore and seabed administered or managed by the Department, and all freshwater in New Zealand.

Subsection (1) was amended, as from 1 July 1996, by section 34(1) Conserva­ tion Amendment act 1996 (1996 No 1) by inserting the words “the Minister or”.

Subsection (1)(b) was amended, as from 13 March 1996, by section 34(2)(a) Conservation Amendment Act 1996 (1996 No 1) by omitting the words “section 48(1)(f) of”.
(7) 172 Reprinted as at 1 October 2008 Conservation Act 1987 Part 6 s 40 Subsection (1)(ba) was inserted, as from 1 July 1996, by section 34(3) Conser­ vation Amendment Act 1996 (1996 No 1).

Subsection (1)(ca) was inserted, as from 1 July 1996, by section 34(4) Conser­ vation Amendment Act 1996 (1996 No 1).

Subsection (1)(ga) was inserted, as from 30 July 1988, by section 2(2) Conser­ vation Amendment Act 1988 (1988 No 131).
Subsection (1)(ga) was substituted as from 13 March 1996, by section 34(5) Conservation Amendment Act 1996 (1996 No 1).

Subsection (1)(h) was amended, as from 13 March 1996, by section 34(2)(b) Conservation Amendment Act 1996 (1996 No 1) by inserting the words “a concession or”.

Subsection (3) was amended, as from 13 March 1996, by section 34(6) Conser­ vation Amendment Act 1996 (1996 No 1) by substituting the word “contamin­ ant” for the words “substance or material”.
Subsection (4) was inserted, as from 10 April 1990, by section 22 Conservation Law Reform Act 1990 (1990 No 31).

Subsection (4) was amended, as from 13 March 1996, by section 34(7) Conser­ vation Amendment Act 1996 (1996 No 1) by substituting the word “contamin­ ant” for the word “substance” and for the word “material”.

Subsection (5) was inserted, as from 10 April 1990, by section 22 Conservation Law Reform Act 1990 (1990 No 31).
Subsection (5) was substituted, as from 13 March 1996, by section 34(8) Con­ servation Amendment Act 1996 (1996 No 1).

Subsection (6) was inserted, as from 10 April 1990, by section 22 Conservation Law Reform Act 1990 (1990 No 31).

Subsection (6) was amended, as from 13 March 1996, by section 34(9) Conser­ vation Amendment Act 1996 (1996 No 1) by substituting the word “contamin­ ant” for the word “efﬂuent”.
Subsection (6) was amended, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69) by substituting the words “discharge per­ mit granted under the Resource Management Act 1991 or was a permitted ac­ tivity in the relevant regional plan under that Act, and for this purpose it shall be a sufﬁcient defence to produce a certiﬁcate to that effect from the regional council in the area of which the permit was purported to be granted or activity otherwise permitted” for the words “water right granted or otherwise author­ ised pursuant to the Water and Soil Conservation Act 1967 or any other Act, and for this purpose it shall be a sufﬁcient defence to produce a certiﬁcate to that effect from the Regional Water Board in the area of which the right was purported to be granted or otherwise authorised”.
Subsection (7) was inserted, as from 10 April 1990, by section 22 Conservation Law Reform Act 1990 (1990 No 31).
Powers of warranted ofﬁcers 40 (1) Within the district or area for which a warranted ofﬁcer is ap­ pointed, the ofﬁcer may— 173 Part 6 s 40 Conservation Act 1987 Reprinted as at 1 October 2008 (c) (a) (b) (d) Seize any plant, freshwater ﬁsh, freshwater ﬁsh prod­ uct, animal, or animal product illegally taken or had in possession, or that the ofﬁcer reasonably believes to be illegally taken or had in possession: Seize any net, trap, hunting weapon, ammunition, ship, vehicle, aircraft, poison, engine, instrument, appliance, device, ﬁshing gear, or thing, that is being used or is intended to be used or have or has been used in breach of this Act, or that the ofﬁcer reasonably believes are so being used or have so been used: Seize any bag, container, other article (including any coat or other similar article of clothing) that is being used for the purpose of carrying any plant, freshwater ﬁsh, freshwater ﬁsh product, animal, or animal product illegally taken or had in possession or that the ofﬁcer reasonably believes is being so used: Stop any vehicle, riding or pack animal, ship, or other device for carriage or transportation, or any aircraft while on the ground or water, or stop in transit any parcel, package, case, bag, luggage, or other container that is or that the ofﬁcer reasonably believes to be in the possession of the owner or of any other person (including any carrier or forwarding agent, whether by land, sea, or air), if the ofﬁcer reasonably believes or suspects that any breach of this Act has been
 committed by its owner or the person in possession of it, or by any other person, and, in the presence of the owner or per­ son in possession of it, or any servant of either of them, search any such vehicle, animal, ship, aircraft, device, parcel, package, case, bag, luggage, or container: (e) While in lawful execution of the ofﬁcer’s duty, call upon any person who has attained the age of 18 years to aid or assist the ofﬁcer when reasonable necessity exists for that assistance; and every person aiding or
 assisting the ofﬁcer pursuant to such a call shall while doing so be deemed to be and shall have all the powers of a war­ ranted ofﬁcer duly appointed under this Act: At all times, without let or hindrance, in order to in­ vestigate something the ofﬁcer believes on reasonable (f) 174 Reprinted as at 1 October 2008 Conservation Act 1987 Part 6 s 40 grounds to be an offence against this Act, or to investi­ gate or apprehend any person the ofﬁcer believes on rea­ sonable grounds to have committed such an offence,— By any means whatever, enter upon, pass (i) through, or remain on any land (other than a dwellinghouse or the enclosed garden or cur­ tilage of any dwellinghouse) or any hut, tent, caravan, holiday home, or other erection (not being a permanent residence), or any shop, warehouse, factory, bond, store sic: bond store, ofﬁce, sawmill, or any other premises of any description, or into or upon any lake, river, pond, lagoon, or other water (whether natural or artiﬁ­ cially constructed): Enter any vehicle, ship, or aircraft that is being used or is intended to be used or has been used in breach of this Act or that the ofﬁcer reasonably believes is being or is intended to be or has been so used: (ii) (iii) Search any land or any hut, tent, caravan, holi­ day home, or other erection (not being a perman­ ent residence), or any shop, warehouse, factory, bond store, ofﬁce, sawmill, or other premises of any description, or any vehicle, ship, or aircraft referred to in subparagraph (ii) of this paragraph, or any riding or pack animal, or other device for transportation or carriage found on any land as aforesaid or on any such premises or any lake, river, pond, lagoon, or other water.
The production by a warranted ofﬁcer of a warrant of appoint­ ment shall be sufﬁcient evidence of the ofﬁcer’s appointment.

(3) Any warranted ofﬁcer may summarily interfere to prevent any offence against this Act, and may require any person found offending to desist from the offence.

(2) (4) Any person who, when required to desist from an offence against this Act, continues the offence, commits a further of­ fence against this Act.
(4A) A power of entry under this section shall be exercised only at times that are reasonable in the circumstances.

175 Part 6 s 41 Conservation Act 1987 Reprinted as at 1 October 2008 (4B) When exercising a power of entry under this section, a war­ ranted ofﬁcer shall produce evidence of his or her identity and authority whenever reasonably requested to do so.
(6) (5) Any member of the Police or warranted ofﬁcer who has reason to believe that an offence against this Act has been commit­ ted in respect of any animal, animal product, freshwater ﬁsh, freshwater ﬁsh product, natural or historic resource, or plant may seize it.

In the case of every warranted ofﬁcer, the provisions of this section are subject to any restrictions or limitations speciﬁed in the warrant issued to that person under section 59 of this Act.
Subsection (1)(a) was amended, as from 10 April 1990, by section 23(1)(a) Con­ servation Law Reform Act 1990 (1990 No 31) by inserting the words “fresh­ water ﬁsh, freshwater ﬁsh product,”.

Subsection (1)(b) was amended, as from 10 April 1990, by section 23(1)(b) Conservation Law Reform Act 1990 (1990 No 31) by inserting the words “ﬁshing gear”.
Subsection (1)(c) was amended, as from 10 April 1990, by section 23(1)(c) Con­ servation Law Reform Act 1990 (1990 No 31) by inserting the words “fresh­ water ﬁsh, freshwater ﬁsh product,”.

Subsections (4A) and (4B) were inserted, as from 10 April 1990, by section 23(2) Conservation Law Reform Act 1990 (1990 No 31).

Subsection (5) was amended, as from 10 April 1990, by section 23(3) Conser­ vation Law Reform Act 1990 (1990 No 31) by inserting the words “freshwater ﬁsh, freshwater ﬁsh product,”.
Subsection (6) was inserted, as from 10 April 1990, by section 23(4) Conserva­ tion Law Reform Act 1990 (1990 No 31).
Offences in respect of warranted ofﬁcers and ﬁsh and game rangers Every person commits an offence who— (a) Resists or obstructs any warranted ofﬁcer or ﬁsh and game ranger in the execution of powers or duties con­ ferred by this Act, or any person lawfully acting under the ofﬁcer’s or ranger’s orders or in the ofﬁcer’s or ranger’s aid; or Fails, without lawful excuse to comply with the require­ ments of any warranted ofﬁcer or ﬁsh and game ranger; or (b) 41 176 Reprinted as at 1 October 2008 Conservation Act 1987 Part 6 s 43 (c) (d) Knowingly gives to any warranted ofﬁcer or ﬁsh and game ranger any particulars that are false or misleading in any material respect; or Personates or falsely represents the person to be a war­ ranted ofﬁcer or ﬁsh and game ranger or a person law­ fully acting under a warranted ofﬁcer’s or ﬁsh and game ranger’s orders or in a warranted ofﬁcer’s or ﬁsh and game ranger’s aid.
The section title was amended, as from 25 November 1994, by section 19 Con­ servation Amendment Act 1994 (1994 No 108) by inserting the words “and ﬁsh and game rangers”.

Section 41 was amended, as from 25 November 1994, by section 19(a) Con­ servation Amendment Act 1994 (1994 No 108) by inserting the words “or ﬁsh and game ranger”.
Paragraph (a) was amended, as from 25 November 1994, by section 19(b) Con­ servation Amendment Act 1994 (1994 No 108) by inserting, after the word “ofﬁcer’s”, the words “or ranger’s”.

Paragraph (d) was amended, as from 25 November 1994, by section 19(d) Con­ servation Amendment Act 1994 (1994 No 108) by inserting the words “or ﬁsh and game ranger’s”.
42 Protection of warranted ofﬁcers and others A person who does any act in pursuance or intended pursuance of any of the functions conferred on that person by or under this Act shall not be under any civil or criminal liability in respect thereof, whether on the ground of want of jurisdiction, or mistake of law or fact, or on any other ground, unless the person has acted, or omitted to act, in bad faith or without reasonable cause.
43 (1) Proceedings for offences Subject to subsection (2) of this section, all proceedings in re­ spect of offences against this Act shall be under the Summary Proceedings Act 1957.

(2) Notwithstanding section 14 of the Summary Proceedings Act 1957, an information in respect of an offence against this Act may be laid at any time within 1 year of the time when the alleged offence was committed.
Prosecutions and proceedings in respect of offences under this Act may be commenced and taken in the name of the Director­ General.
(3) 177 Part 6 s 43A Conservation Act 1987 Reprinted as at 1 October 2008 (4) The Court by which any person is convicted of any offence against this Act may direct that any part (not exceeding half) of any ﬁne recovered shall be paid to any person instrumental in securing the conviction (not being a person in the employ­ ment of the Crown acting in the course of the person’s ofﬁcial duties); and that part of the ﬁne shall be paid to the person by the Registrar of the Court in which the conviction is recorded.
(5) A direction of the Court under subsection (4) of this section shall not be entered in the conviction concerned, but shall form the subject­matter of a separate order.
(6) When in any proceedings under this Part of this Act— (a) (b) A question arises as to whether any thing found in the possession of any person while that person is on or in the vicinity of any conservation area is the property of the Crown; and There are reasonable grounds to believe that the person was in possession of the thing without a right, title, or licence,— the thing shall be presumed to be the property of the Crown unless the contrary is proved.
Subsection (3) was amended, as from 10 April 1990, by section 24 Conservation Law Reform Act 1990 (1990 No 31) by substituting the word “may” for the word “shall”.
43A Evidence in proceedings (1) Subject to subsections (3) and (4) of this section, in any pro­ ceedings in respect of an offence against any provision of Part 5B or Part 5C of this Act or of any regulation made under section 48A of this Act, a certiﬁcate purporting to be signed by the Director­General or any ofﬁcer authorised by the Dir­ ector­General for that purpose to the effect that, on a date spe­ ciﬁed in the certiﬁcate, the defendant or other named person was not the holder of a ﬁshing permit or dog control permit, as the case may be, shall, in the absence of proof to the contrary, be sufﬁcient evidence of the matter stated in the certiﬁcate.
(2) A copy of any licence or document granted or issued under this Act which is certiﬁed correct by the Director­General, or any ofﬁcer of the Department duly authorised by the Director­ 178 Reprinted as at 1 October 2008 Conservation Act 1987 Part 6 s 43B (3) (4) General in that behalf, shall be sufﬁcient, in the absence of proof to the contrary, to prove that licence or other document.
The production of any certiﬁcate or copy of any document for the purpose of this section purporting to be signed by any person authorised under this section to sign it shall be prima facie evidence of the certiﬁcate or copy without proof of the signature of the person appearing to have signed it.
The production of any certiﬁcate or copy of any document signed by the Director­General and certifying that the land upon which any offence is alleged to have taken place was included within a controlled dog area or an open dog area, as the case may be, shall be sufﬁcient evidence that the land was within a controlled dog area or an open dog area, as the case may be.

Sections 43A and 43B were inserted, as from 10 April 1990, by section 25 Con­ servation Law Reform Act 1990 (1990 No 31).
Section 43A was substituted, as from 2 May 1996, by section 5 Conservation Amendment Act 1996 (1996 No 14).

43B Strict liability (1) (2) In any prosecution for any offence against any provision of Part 5B or Part 5C of this Act or any regulation made under section 48A of this Act it shall not be necessary for the pros­ ecution to prove that the defendant intended to commit an of­ fence.
It shall be a defence in any such prosecution if the defendant proves— (a) That the defendant did not intend to commit the offence; and That— (i) (b) In any case where it is alleged that anything re­ quired to be done was not done, the defendant took all reasonable steps to ensure that it was done; or In any case where it is alleged that anything pro­ hibited was done, that the defendant took all rea­ sonable steps to ensure that it was not done.
(ii) Sections 43A and 43B were inserted, as from 10 April 1990, by section 25 Con­ servation Law Reform Act 1990 (1990 No 31).

179 Part 6 s 44 Conservation Act 1987 Reprinted as at 1 October 2008 44 45 (1) (2) Subsection (1) was amended, as from 2 May 1996, by section 6 Conservation Amendment Act (No 2) 1996 (1996 No 14) by inserting the words “or Part 5C”.
Penalties Every person who commits an offence against this Act for which no penalty is prescribed elsewhere in this Act is li­ able,— (a) Where the offence was committed by an individual, to imprisonment for a term not exceeding 1 year or to a ﬁne not exceeding $10,000, and, where the offence is a continuing one, to a further ﬁne not exceeding $1,000 for every day on which the offence has continued; and (b) Where the offence was committed by a corporation, to a ﬁne not exceeding $80,000 and, where the offence is a continuing one to a further ﬁne not exceeding $10,000 for every day on which the offence has continued.
Offenders liable for loss or damage Every person convicted of an offence against this Act shall be liable for any loss or damage or expenses arising from or caused by the act constituting the offence in addition to the penalty for the offence; and the amount payable in respect of the loss or damage or expense may be awarded by the Court in ﬁxing the penalty and may be recovered as a ﬁne.
In assessing any amount payable under subsection (1) of this section, the Court may take into account salaries, wages, and incidental expenses incurred in the investigation of the act con­ stituting the offence or in remedying the loss or damage caused by the act, and shall take into account all other relevant factors.
46 (1) Forfeiture of property Subject to subsection (2) of this section, where any warranted ofﬁcer has seized any thing under this Act, it shall be retained by the Director­General pending the trial of that person in re­ spect of the offence in respect of which it was seized.

(2) Where any member of the Police has seized any thing under this Act, it shall be retained by the Commissioner of Police pending the trial of the person in respect of the offence in re­ spect of which it was received.
180 Reprinted as at 1 October 2008 Conservation Act 1987 Part 6 s 46 (3) (4) (5) If satisﬁed that any thing seized under this Act may perish, rot, or spoil, the Director­General may arrange for its sale (at a price that is reasonable in the circumstances) in any manner, the Director­General thinks ﬁt.
Subject to subsections (2) and (8) of this section, if no pro­ ceedings are taken in respect of the offence concerned within 12 months of the seizure of any thing under this Act, or if the information concerned is dismissed, the thing or, as the case may be, the proceeds from its sale, shall be released from the custody of the Crown.
Subject to subsection (7) of this section, on the conviction of any person for any offence against this Act,— (a) Any ship, vehicle, aircraft, conveyance, machinery, implement, appliance, material, container, goods, equipment, ﬁshing gear, or hunting weapon used in the commission of the offence may, on the direction of the Court, be forfeited to the Crown; and in that case shall be disposed of as the Minister thinks ﬁt; and (b) Any animal, animal product, freshwater ﬁsh, freshwater ﬁsh product, natural or historic resource, or plant in re­ spect of which the offence has been committed, whether or not it has been seized or taken possession of under this Act, shall be forfeit to the Crown, and shall be dis­ posed of as the Minister thinks ﬁt, unless it is a wild animal or a part of any wild animal, in which case it shall be dealt with under the Wild Animal Control Act 1977.
(6) Where any thing seized under this Act is— (a) (b) Protected wildlife or an animal product derived from any protected wildlife, it shall be dealt with under the Wildlife Act 1953: a protected New Zealand object,— (i) If it is the property of the Crown, it shall be deliv­ ered to the Secretary for Internal Affairs or, with the consent of the Secretary for Internal Affairs, kept in the custody of the Director­General: In every other case, it shall be delivered to the person who is entitled to its custody under the Protected Objects Act 1975.
(ii) 181 Part 6 s 46 Conservation Act 1987 Reprinted as at 1 October 2008 (7) Any person whose property has been forfeited to the Crown under this section or any person having a legal or equitable interest in any such property (being, in neither case, a person convicted of an offence out of which the forfeiture arose) may apply to the Minister within 30 days of the conviction con­ cerned for the release of the property forfeited; and the Min­ ister may order the release of the property on payment to the Crown of any amount the Minister thinks appropriate, being an amount not exceeding the amount the items forfeited are esti­ mated by the Director­General to be likely to realise if sold by public auction in New Zealand.
(7A) Notwithstanding anything in this section, the following pro­ visions shall apply where a prosecution is commenced on the information of an ofﬁcer of a Fish and Game Council: (a) (b) The forfeited property shall be disposed of by the Min­ ister to that Council for the purposes of sale and may be sold by that Council, and the proceeds of sale shall be paid into its funds and applied for the purposes of the Council: Subject to section 73(2) of the Public Finance Act 1989, all ﬁnes imposed and recovered in proceedings taken by a Fish and Game Council for any breach of this Act or any regulations or notice made under this Act shall be paid to the Council of the region or district in which the ﬁnes were received, for the purpose of the distribution, rearing, cultivation, and protection of ﬁsh in the region or district of that Council.
(8) Any forfeiture directed, or redemption payment imposed, under this section shall be in addition to, and not in substitu­ tion for, any other penalty that may be imposed.

Subsection (5)(a) was amended, as from 10 April 1990, by section 26(1)(a) Con­ servation Law Reform Act 1990 (1990 No 31) by inserting the words “ﬁshing gear,”.
Subsection (5)(b) was amended, as from 10 April 1990, by 26(1)(b) Conserva­ tion Law Reform Act 1990 (1990 No 31) by inserting the words “freshwater ﬁsh, freshwater ﬁsh product,”.

Subsection (6) was amended, as from 1 November 2006, by section 35 Pro­ tected Objects Amendment Act 2006 (2006 No 37) by substituting the words “a protected New Zealand object” for the words “An antiquity”.
182 Reprinted as at 1 October 2008 Conservation Act 1987 Part 6 s 48 Subsection (6)(b)(ii) was amended, as from 1 November 2006, by section 35 Protected Objects Amendment Act 2006 (2006 No 37) by substituting the words “Protected Objects” for the word “Antiquities”.

Subsection (7A) was inserted, as from 10 April 1990, by section 26(2) Conser­ vation Law Reform Act 1990 (1990 No 31).
Subsection (7A)(b) was amended, as from 13 March 1996, by section 35 Con­ servation Amendment Act 1996 (1996 No 1) by inserting the words “region or”.

47 (1) Information leading to conviction The Director­General may make any payments the Director­ General thinks ﬁt to any person or persons who have supplied information that has led to the conviction for an offence against this Act or who has procured or assisted in procuring any such conviction.
(2) All payments under subsection (1) of this section shall be made from money from time to time appropriated by Parliament for the purpose.
48 (1) Regulations The Governor­General may from time to time, by Order in Council, make regulations for all or any of the following pur­ poses: (a) (b) (c) (d) Prescribing forms of application and the conditions and mode of applying for leases, licences, or permits to be issued under this Act: Providing for any proceedings, forms of leases, li­ cences, or permits and other instruments, and for the execution of any other matter or thing arising under and not inconsistent with this Act, and not expressly provided for in it: Regulating the protection of natural or historic re­ sources or conservation areas, or conservation areas of any class or description, and the prevention of ﬁres in them: In fulﬁlment of the conditions of the deed of cession of Stewart Island dated the 29th day of June 1864, and after consultation with the Maori owners, securing to the Maori the Titi Islands and other islands adjacent to Stewart Island mentioned in the deed, and protecting the 183 Part 6 s 48 Conservation Act 1987 Reprinted as at 1 October 2008 (e) (f) (g) (h) (i) (j) (k) (l) islands from trespassers, and the birds frequenting them from destruction: Providing for the care, management, and protection of any natural or historic resource or any conservation area or areas: Prohibiting, restricting, or regulating, the entry of air­ craft, ships, or vehicles of any class or description, into any conservation area: Prohibiting, restricting, or controlling the entry of the public into any conservation area: Prohibiting, restricting, or controlling, actions of the public on or in relation to any conservation area: Prohibiting members of the public from allowing ani­ mals under their control to enter or remain in, or re­ stricting or controlling the extent to which they may al­ low such animals to enter or remain in, any conservation area: Prescribing conditions applying and charges payable in respect of the use of huts and other buildings, camping sites, picnic places, parking areas, and other facilities in any conservation area, and
 providing for the removal of any motor vehicle or boat parked in any conservation area in breach of any such conditions: Prescribing, or providing for the ﬁxing of, fees and levies payable in respect of any matter under this Act: Prescribing the procedure for the election of members of the New Zealand Fish and Game Council, and the nomination and election of members of Fish and Game Councils: (m) Authorising any conservation organisation to pay trav­ elling and other expenses incurred by any of its mem­ bers in the course of their duties as members of the or­ ganisation, if no such provision is made elsewhere in this Act: Prescribing offences in respect of the contravention of or non­compliance with any regulations made under this Act or any lawful direction or requirement made under this Act or any such regulations, and the amount of the ﬁnes that may be imposed in respect of any such (n) 184 Reprinted as at 1 October 2008 Conservation Act 1987 Part 6 s 48A offences, which ﬁnes shall be an amount not exceeding $5,000 and, where the offence is a continuing one, a fur­ ther amount not exceeding $50 for every day on which the offence has continued: Providing for such matters as may be contemplated by or necessary for giving full effect to this Act and for its due administration.
(o) (2) Any regulations made under subsection (1)(k) of this section may— (a) (b) (c) (d) Specify the person by whom any fees or levies pre­ scribed under this Act are payable: Prescribe speciﬁc fees or levies for speciﬁc purposes: Prescribe a scale of fees or levies or a rate based on the time involved in carrying out the work or services: Provide for the refund or waiver of any fee or levy by the Minister or the Director­General, in whole or in part, in any speciﬁed case or class of cases.
(3) (4) Regulations made under this section may apply to all conser­ vation areas, conservation areas of a speciﬁed class or descrip­ tion, or any speciﬁed conservation area or conservation areas or any speciﬁed part of any conservation area.

For the purposes of this section, the term conservation organ­ isation includes the New Zealand Conservation Authority, any Conservation Board, the New Zealand Fish and Game Coun­ cil, and any Fish and Game Council.
Section 48 was substituted, as from 10 April 1990, by section 27 Conservation Law Reform Act 1990 (1990 No 31).

Subsection (1)(m) was amended, as from 15 November 2000, by section 5 Con­ servation Amendment Act 2000 (2000 No 56) by substituting the words “pay travelling and other” for the words “reimburse travelling”.
Subsection (2) was amended, as from 25 November 1994, by section 22 Con­ servation Amendment Act 1994 (1994 No 108) by substituting the expression “subsection (1)(k)” for the expression “subsection (2)(k)”.
48A Special regulations relating to freshwater ﬁsheries (1) Without limiting section 48 of this Act, the Governor­General may from time to time, by Order in Council, make regulations for all or any of the following purposes: (a) Providing for the establishment of an advisory user group for the Taupo Fishery, and prescribing its 185 Part 6 s 48A Conservation Act 1987 Reprinted as at 1 October 2008 functions, powers, proceedings, and other necessary matters: Prescribing a total allowable catch in respect of any freshwater ﬁsh, freshwater ﬁshery, or method of ﬁsh­ ing for freshwater ﬁsh: Prescribing the forms and classes of licences to ﬁsh for freshwater ﬁsh or sports ﬁsh and licences to operate as a sports ﬁshing guide, and providing for the issue of such licences and for the disposal of fees for such licences and of ﬁnes recovered under this Act: Providing for the Minister to appoint agents and author­ ise such agents and Fish and Game Councils to issue, on such conditions as may be prescribed in the regula­ tions, licences authorising the holder to ﬁsh for sports ﬁsh and licences authorising the holder to operate as a sports ﬁshing guide, and providing for licence fees to be paid to such agents and such Councils: Prescribing the scope and effect of licences to ﬁsh for freshwater ﬁsh or sports ﬁsh and licences to operate as a sports ﬁshing guide or any speciﬁed class of licences, and providing for licences issued in respect of any re­ gion to be available in any other region or regions or in all regions:
 Regulating or prohibiting the taking or use or posses­ sion or sale of any speciﬁed freshwater ﬁsh: Providing for the issue, refusal, renewal, suspension, revocation, modiﬁcation, and imposition by the regula­ tions or the Director­General of conditions on licences for persons who wish to acquire or be in possession in prescribed circumstances of ﬁsh taken for the purposes of sale: Providing for the recognition of licences granted under any other Act as licences for the purposes of this Act: Providing for the
 variation, renewal, and revocation of licences to ﬁsh for freshwater ﬁsh or sports ﬁsh and licences to operate as a sports ﬁshing guide and for the refusal of the issue of licences in certain cases: Providing for the payment to a Fish and Game Coun­ cil of any ﬁnes or licence fees for the purposes of the (b) (c) (d) (e) (f) (g) (h) (i) (j) 186 Reprinted as at 1 October 2008 Conservation Act 1987 Part 6 s 48A (k) (l) distribution, rearing, cultivation, or protection of sports ﬁsh in the area under the jurisdiction of that Council, or, with the approval of the Minister given upon or sub­ ject to such conditions as the Minister thinks ﬁt, for the purpose of applying the same or any part thereof either alone or jointly with any other Council for any such pur­ pose in the area of any Council, or for any related pur­ pose approved by the Minister: Providing for the payment to the Director­General of any ﬁnes or licence fees for the purposes of the distri­ bution, rearing, cultivation, or protection of freshwater ﬁsh in any area, or, with the approval of the Minister given upon or subject to such conditions as the Minister thinks ﬁt, for any related purpose: Prohibiting, restricting, or regulating the use of electric ﬁshing devices for the taking of freshwater ﬁsh or sports ﬁsh, including (without limitation)— (i) Prohibiting the use of electric ﬁshing devices ex­ cept in accordance with the written authority of both the Director­General and a Fish and Game Council, and
 exempting or providing for the ex­ emption of any person or class of persons from any such prohibition: Prescribing conditions subject to which such au­ thorisations may be given, or providing for the specifying of such conditions by the person or body that grants the authorisation: (ii) (iii) Providing for the variation or withdrawal of any such authorisation (which may include with­ drawal on the grounds of the commission of an offence against the Fisheries Act 1983 or this Act, or against any
 regulations made under that Act or this Act, where the offence involves the possession or use of an electric ﬁshing device), and for the revocation, variation, and addition of any condition of any such authorisation: Providing for appeals against all or any of the following: (iv) 187 Part 6 s 48A Conservation Act 1987 Reprinted as at 1 October 2008 (A) The refusal to grant any such authorisa­ (B) (C) tion: The imposition or variation of any condi­ tions relating to any such authorisation: The withdrawal of any such authorisation: (m) Regulating, restricting, or imposing conditions on the canning, smoking, freezing, or other preserving of trout or other speciﬁed freshwater ﬁsh and the possession thereof when canned, smoked, frozen, or otherwise pre­ served; and providing for the inspection of canneries, smokehouses, freezing chambers, refrigerating works, and any premises (not being a dwellinghouse) where freshwater ﬁsh are canned, smoked, frozen, preserved, treated, dressed, or stored: Requiring and authorising the provision of devices and facilities to permit or control the passage of freshwater ﬁsh or sports ﬁsh through or around any dam or other structure impeding the natural movement of ﬁsh up­ stream or downstream: (n) (q) (p) (o) Authorising the establishment of ﬁsh hatcheries by Fish and Game Council, or the Department, and regulating the management and operation of such establishments: To prohibit or impose conditions and restrictions on the possession, or the retention in captivity, or the transfer to or release into any waters, of any live aquatic life: Prescribing conditions and rentals payable in respect of ﬁshing competitions generally; and authorising the Dir­ ector­General to prescribe such conditions and rentals in respect of the Taupo Fishery; and authorising Fish and Game Councils to prescribe such conditions and rentals in respect of waters under their respective jur­ isdictions.
(2) Any such regulations— (a) May apply generally throughout New Zealand or New Zealand freshwater or be made to apply only within such area or areas as may be deﬁned in that behalf: (b) May apply special conditions or confer special rights in relation to ﬁshing by speciﬁed communities.
188 Reprinted as at 1 October 2008 Conservation Act 1987 Part 6 s 48A (2A) Notwithstanding anything in section 48(1)(k) or section 48A(1)(c) or (e) of this Act, the Minister may by notice in the Gazette,— (a) Fix the forms and classes of licences to ﬁsh for sports ﬁsh: Fix the scope and effect of licences or any speciﬁed class of licences to ﬁsh for sports ﬁsh: Provide for the licences issued in respect of any region for sports ﬁsh to be available in any other region or regions or in all regions: Fix the fees payable for any licence to ﬁsh for sports ﬁsh.
(b) (c) (d) (3) (2B) Any notice in the Gazette made under subsection (2A) of this section shall be deemed to be a regulation for the purposes of the Regulations (Disallowance) Act 1989.
Subject to subsection (4) of this section, for the purpose of ensuring compliance with the requirements of any regulations made under subsection (1)(j) of this section, any person au­ thorised in that behalf by the Controller and Auditor­General may, during the usual working hours of the Council, enter upon the premises of any Fish and Game Council and there inspect any books or papers belonging to or in the possession of the Council.
Before entering any premises pursuant to subsection (3) of this section, a person referred to in that section shall produce evi­ dence of his or her appointment, if requested to do so by the person appearing to be in charge of those premises.

Section 48A was inserted, as from 10 April 1990, by section 27 Conservation Law Reform Act 1990 (1990 No 31).
(4) Subsection (1)(c) was amended, as from 13 March 1996, by section 36(1) Con­ servation Amendment Act 1996 (1996 No 1) by substituting the words “licences to ﬁsh for freshwater ﬁsh or sports ﬁsh and licences to operate as a sports ﬁshing guide” for the words “licence to ﬁsh for freshwater ﬁsh or sports ﬁsh”.
Subsection (1)(d) was amended, as from 13 March 1996, by section 26(1)(b) Conservation Amendment Act 1996 (1996 No 1) by inserting the words “and licences authorising the holder to operate as a sports ﬁshing guide”.

Subsection (1)(e) was amended, as from 13 March 1996, by section 26(1)(c) Conservation Amendment Act 1996 (1996 No 1) by inserting the words “and licences to operate as a sports ﬁshing guide”.
189 Part 6 s 48B Conservation Act 1987 Reprinted as at 1 October 2008 Subsection (1)(f) was amended, as from 13 March 1996, by section 26(1)(d) Conservation Amendment Act 1996 (1996 No 1) by inserting the words “or use”.

Subsection (1)(i) was amended, as from 13 March 1996, by section 26(1)(e) Conservation Amendment Act 1996 (1996 No 1) by inserting the words “and licences to operate as a sports ﬁshing guide”.
Subsection (1)(l) was substituted, as from 1 April 1993, by section 173(2) Elec­ tricity Act 1992 (1992 No 122).

Subsection (1)(l)(iv) was substituted, as from 25 November 1994, by section 23 Conservation Amendment Act 1994 (1994 No 108).

Subsection (1)(q) was substituted, as from 13 March 1996, by section 26(2) Conservation Amendment Act 1996 (1996 No 1).

Subsections (2A) and (2B) were inserted, as from 2 September 1996, by section 2 Conservation Amendment Act (No 3) 1996 (1996 No 116).
48B Special regulations relating to South Island freshwater (1) (2) ﬁsheries The Governor­General may from time to time, by Order in Council, make regulations providing for customary Maori ﬁshing rights with respect to freshwater ﬁsheries within South Island ﬁsheries waters.
The regulations must be consistent with the provisions of the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992 and this Act, and provide for input by Ngai Tahu and other South Island iwi into the integrated management (including control) by the Minister of Conservation of the freshwater ﬁsheries to which the regulations apply.
(3) Without limiting the generality of subsections (1) and (2), the regulations may— (a) Provide for freshwater ﬁshing for the purposes of cus­ tomary food gathering by Maori, and for access to the places where such customary food gathering may be undertaken: Provide for a process including public notiﬁcation and dispute resolution to identify and conﬁrm the appoint­ ment, and the cancellation or revocation of such ap­ pointment, of any tangata tiaki/kaitiaki of the tangata whenua for the purpose of identifying and managing any food gathering area: Empower any tangata tiaki/kaitiaki of the tangata whenua to authorise the taking of freshwater ﬁsh for (b) (c) 190 Reprinted as at 1 October 2008 Conservation Act 1987 Part 6 s 49 (f) (e) (d) customary food gathering from within any food gath­ ering area for which the tangata tiaki/kaitiaki has been appointed: Provide for tangata tiaki/kaitiaki to manage customary food gathering of freshwater ﬁsh administered under this Act: Provide for such matters as may be necessary or desir­ able to achieve the proper administration of the regula­ tions, including the recording of authorisations, provi­ sion of reports, and meetings by tangata whenua: Provide for the Minister of Conservation to intervene and to provide information and assistance in order to promote the objectives of the regulations: Provide for such matters as may be necessary or desir­ able to achieve compliance with the regulations: Prescribe offences for the breach of the regulations and for the imposition of ﬁnes not exceeding $10,000, in­ cluding the imposition of different ﬁnes in respect of a ﬁrst offence, a second offence, and subsequent offences.
Section 48B was inserted, as from 1 October 1998, by section 305(2) Ngai Tahu Claims Settlement Act 1998 (1998 No 97).

See clause 2 Ngai Tahu Claims Settlement Act Commencement Order 1998 (SR 1998/295).
(g) (h) Public notice and rights of objection 49 (1) Where this Act requires any thing to be publicly notiﬁed, the Minister shall publish a notice of the thing in some newspaper circulating in the area in which the subject­matter of the notice is situated and at least once in each of 4 daily newspapers pub­ lished in Auckland, Wellington, Christchurch, and Dunedin, respectively; but if satisﬁed that the thing is of local or regional interest only, the Minister may limit the publication of the no­ tice to a newspaper or newspapers circulating throughout the locality or region in which the subject­matter is situated.
(2) Where the Minister gives public notice of intention to exercise any power conferred by this Act— (a) Any person or organisation may object in writing to the Director­General against the proposal, or make written submissions on the proposal; and Every objection or submission shall be sent to the Dir­ ector­General at the place and before the date speciﬁed (b) 191 Part 6 s 50 Conservation Act 1987 Reprinted as at 1 October 2008 in the notice in that behalf, being a date not less than 40 working days after the date of publication of the notice; and (d) (c) Where a person or organisation making an objection or submission so requests in the objection or submission, the Director­General shall give the person or organisa­ tion a reasonable opportunity of appearing before the Director­General in support of the objection or submis­ sion; and The Director­General shall send to the Minister with a recommendation a summary of all objections and com­ ments received and a recommendation as to the extent to which they should be allowed or accepted; and The Minister shall consider the recommendation and the contents of the summary before deciding whether or not to proceed with the proposal.
(e) (3) The Director­General shall determine the procedure at any hearing under this section.

Subsection (2) was amended, as from 10 April 1990, by section 13(2) Conser­ vation Law Reform Act 1990 (1990 No 31) by omitting the words “(otherwise than under section 11(1) of this Act)”.
Changes of status of land to be noted 50 (1) Where a notice is published in the Gazette under this Act changing the status of any land or notifying the disposal of any interest in a stewardship area, the District Land Registrar or Chief Surveyor, as the case requires, shall register a copy of it against the appropriate title or record.
(2) After disposing of or transferring any land or interest in land under section 60(2) or section 64A of this Act, the Director­ General shall give the appropriate Chief Surveyor written no­ tice of the disposal or transfer.

Subsection (2) was inserted, as from 21 December 1988, by section 2(2) Con­ servation Amendment Act (No 2) 1988 (1988 No 237).
50A Errors of description in notices may be corrected (1) Where in any notice published in the Gazette under this Act there has been made any error of description (whether with respect to the boundaries of an area of land or otherwise), the 192 Reprinted as at 1 October 2008 Conservation Act 1987 Part 6 s 51 (2) 51 (1) Minister may revoke the notice and issue in its place a fresh notice with amended particulars and descriptions, or may by a further notice amend the original notice to correct any such errors.
Every fresh notice or amending notice under this section shall, according to its tenor, take effect as from the date on which the original notice was intended to take effect or as from such other date as may be speciﬁed in that behalf in the fresh or amending notice.

Section 50A was inserted, as from 10 April 1990, by section 28 Conservation Law Reform Act 1990 (1990 No 31).
Consent or approval may be conditional Except where it is otherwise expressly provided in this Act or any other Act, every arrangement, approval, authority, concur­ rence, consent, decision, order, permission, permit, waiver, or other similar action given, granted, issued, made, or reached by the Minister under this Act or any other Act in respect of any conservation area, or any land to which section 61 or sec­ tion 62 of this Act applies, shall be subject to the payment of such rents and compensation, and to such conditions (includ­ ing a requirement to give any security), as the Minister may impose.
(2) Where the Minister has given, granted, issued, made or reached any arrangement, approval, authority, concession, concurrence, consent, easement, decision, licence, order, permission, permit, waiver, or other similar action under this Act or any other Act in respect of any conservation area, or any land to which section 61 or section 62 of this Act applies, the Minister may take all necessary proceedings— (a) lease, To enforce any conditions of the arrangement, ap­ proval, authority, concession, concurrence, consent, easement, decision, lease, licence, order, permission, permit, waiver, or other similar actions: In respect of any breaches of the conditions: In respect of any act or omission contrary to the terms upon which the arrangement, approval, concession, concurrence, consent, easement, lease, licence, deci­ (b) (c) 193 Part 7 s 52 Conservation Act 1987 Reprinted as at 1 October 2008 sion, order, permission, permit, waiver or other action was given, granted, issued, made or reached.
Section 51 was substituted, as from 1 July 1996, by section 37 Conservation Amendment Act 1996 (1996 No 1).

52 Part 7 Administration Director­General of Conservation There shall from time to time be appointed under the State Sector Act 1988 a Director­General of Conservation who, sub­ ject to the control of the Minister, shall be the administrative head of the Department.

The State Services Act 1962 was repealed, as from 1 April 1988, by section 90(a) State Sector Act 1988 (1988 No 22).
53 (1) Powers of Director­General The Director­General has all powers that are reasonably ne­ cessary or expedient to enable the Department to perform its functions.
(2) Without limiting the generality of subsection (1) of this sec­ tion, the Director­General may— (a) Prepare and carry out, or commission the carrying out of, surveys, investigations, and inventories: Conduct or commission research or study: Collect or commission the collection of information: (b) (c) (d) Disseminate information in respect of any conservation (e) (f) (g) (h) area: Prepare, or commission the preparation of, plans for the conservation, management, and control, or any of them, of any natural and historic resource: Erect dwellings on land held under this Act for occupa­ tion by the Department’s ofﬁcers and employees: Erect on land held under this Act public shelters, vis­ itor’s centres, or other buildings necessary or desirable for the due administration of this Act: Construct and maintain means of access on any conser­ vation area, and with the consent of the owner or occu­ pier, do so on any private land: 194 Reprinted as at 1 October 2008 Conservation Act 1987 Part 7 s 53 (i) Enter into any contracts, agreements, and arrangements, necessary for exercising any of the Director­General’s powers: (j) (3) Without limiting the generality of subsection (1) of this sec­ tion, the Director­General— (a) May enter into agreements or arrangements with any person for the purposes of research and development work on freshwater ﬁshery resources, and any such agreement or arrangement may include the use of facilities owned by that person: (b) May prepare and carry out, or commission the carrying out of,
 research, surveys, and investigations, or any of them, into freshwater ﬁsheries: (c) May issue plans and publications relating to freshwater (d) ﬁsh: Shall advocate the conservation of aquatic life and freshwater ﬁsheries generally: Shall manage the Taupo Fishery: (e) (ea) May reduce or waive payment of any fee prescribed in respect of the taking of sports ﬁsh in the Taupo Fishery, in whole or in part, in any particular case: Shall acquire by means of purchase or otherwise and protect habitats: (f) (g) May control any introduced species causing damage to any indigenous species or habitat.
(4) In relation to the Taupo Fishery, the Director­General shall have all the powers conferred on a Fish and Game Council by or under this Act subject to the following modiﬁcations: (a) Paragraphs (b)(iii) and (d)(ii) of section 26Q(1) shall be read as if references to the New Zealand Fish and Game Council were references to the Minister: Paragraphs (d)(iii), (e)(iv), and (e)(v) of section 26Q(1) do not apply to the Director­General: Section 26R(3)(b) shall be read as if references to the role of the New Zealand Fish and Game Council were omitted: (b) (c) 195 Part 7 s 54 Conservation Act 1987 Reprinted as at 1 October 2008 (d) Paragraphs (c) and (d) of section 26R(3) shall be read as if references to the New Zealand Fish and Game Coun­ cil were references to the Director­General.
(5) Any agreement or arrangement entered into under subsection (3)(a) of this section may permit any person to take freshwater ﬁsh that the person would not otherwise be entitled to take and may permit the person to retain those ﬁsh or any other ﬁsh taken by the person under the agreement or arrangement.
Subsection (2) was amended, as from 15 November 2000, by section 6 Conser­ vation Amendment Act 2000 (2000 No 56) by omitting the words “but, in the case of a protected area, subject to the purposes for which it is held,”.

Subsection (2)(e) was amended, as from 1 April 1987, by section 11(1) State­ Owned Enterprises Amendment Act 1987 (1987 No 117) by inserting the words “and historic”.

Subsection (2)(j) was repealed, as from 13 March 1996, by section 38(1) Con­ servation Amendment Act 1996 (1996 No 1).
Subsection (3) was inserted, as from 10 April 1990, by section 29 Conservation Law Reform Act 1990 (1990 No 31).

Subsection (3)(a) was amended, as from 13 March 1996, by section 38(2) Con­ servation Amendment Act 1996 (1996 No 1) by omitting the word “joint”.

Subsection (3)(ea) was inserted, as from 13 March 1996, by section 38(3) Con­ servation Amendment Act 1996 (1996 No 1).

Subsection (3)(g) was substituted, as from 26 August 1993, by section 2 Con­ servation Amendment Act (No 2) 1993 (1993 No 97).
Subsection (4) was inserted, as from 10 April 1990, by section 29 Conservation Law Reform Act 1990 (1990 No 31).

Subsection (4) was substituted, as from 13 March 1996, by section 38(4) Con­ servation Amendment Act 1996 (1996 No 1).

Subsection (5) was inserted, as from 10 April 1990, by section 29 Conservation Law Reform Act 1990 (1990 No 31).
Deputy Directors­General of Conservation There shall from time to time be appointed under the State Sector Act 1988 one or more Deputy Directors­General of Conservation, as may be necessary or desirable for the effect­ ive and efﬁcient carrying out of the functions of the Depart­ ment.
Subject to the control of the Director­General, a Deputy Dir­ ector­General shall have and may exercise all of the powers, duties, and functions of the Director­General (including any powers delegated by the Minister under section 57 of this Act) 54 (1) (2) 196 Reprinted as at 1 October 2008 Conservation Act 1987 Part 7 s 55 and shall perform any other duties the Director­General thinks ﬁt.
(3) On the occurrence from any cause of a vacancy in the ofﬁce of Director­General (whether by reason of death or resignation, or otherwise), or in the case of absence (from whatever cause arising) of the Director­General, and for so long as the vacancy or absence continues,— (a) (b) A Deputy Director­General authorised in writing in that behalf by the State Services Commission (before, on, or after the occurrence of the vacancy or absence) in every other case,— The Deputy Director­General if there is only one; or (4) 55 shall have and may exercise and perform all the powers, functions, and duties of the Director­General (including any powers delegated by the Minister under section 57 of this Act).
The fact that a Deputy Director­General exercises or performs any power, function, or duty of the Director­General shall be conclusive evidence of the authority of the Deputy Dir­ ector­General to do so; and no authority given under subsec­ tion (3)(b) of this section and no act done by a Deputy Dir­ ector­General under any such authority or under subsection (2) or subsection (3) of this section shall in any proceedings be questioned on the ground that the occasion for the giving of the authority had not arisen or had ceased or that the act was contrary to a direction of the Director­General.
The State Services Act 1962 was repealed, as from 1 April 1988, by section 90(a) State Sector Act 1988 (1988 No 22).

Other ofﬁcers and employees of Department There shall from time to time be appointed under the State Sector Act 1988 such other ofﬁcers and employees of the De­ partment as are necessary for the effective and efﬁcient per­ formance of the functions of the Department.

The State Services Act 1962 was repealed, as from 1 April 1988, by section 90(a) State Sector Act 1988 (1988 No 22).
197 Part 7 s 56 Conservation Act 1987 Reprinted as at 1 October 2008 56 (1) (2) (3) 57 (1) Committees The Minister may from time to time appoint, alter, and dis­ charge advisory committees, consisting of one or more mem­ bers, deﬁne and vary the terms of reference of those commit­ tees, and regulate their procedure as the Minister thinks ﬁt.

The Minister may declare any advisory committee to be a statutory Board within the meaning of the Fees and Travelling Allowances Act 1951.
Every member of an advisory committee so declared is entitled to receive— (a) Remuneration by way of fees, salary, or allowances, for the member’s services as a member of the committee: Payment of travelling allowances or expenses in respect of time spent travelling in connection with the mem­ ber’s duties as a member of the committee.
(b) Delegation of powers by Minister Subject to subsection (1A) of this section, the Minister may from time to time, by writing under the Minister’s hand, either generally or particularly, and either unconditionally or subject to any conditions the Minister thinks ﬁt, delegate to the Dir­ ector­General, the Conservation Authority, and any Conserva­ tion Board, or any of them, all or any of the Minister’s powers and functions under this Act or any other enactment, other than the power of delegation conferred on the Minister by this sub­ section.
(1A) The Minister shall not delegate to the Conservation Authority or to any Conservation Board any of the Minister’s powers and functions under Part 5A of this Act.
Subject to— (a) The conditions (if any) subject to which any power was delegated under subsection (1) of this section; and (b) Any general or special directions given by the Minis­ (2) ter,— the Director­General, the Authority, or the Board, as the case may be, may exercise the power in the same manner and with the same effect as if it had been conferred on the Director­Gen­ eral, the Authority, or the Board, as the case may be, directly by this section and not by delegation.
198 Reprinted as at 1 October 2008 Conservation Act 1987 Part 7 s 58 (3) Every delegation under subsection (1) of this section shall be revocable at will, and until revoked shall continue in force according to its tenor; and (a) (b) (c) If the Minister by whom it was made ceases to hold ofﬁce it shall continue to have effect as if made by the Minister for the time being: Subject to paragraph (c) of this subsection, if the Dir­ ector­General to whom it was made ceases to hold of­ ﬁce, it shall continue to have effect as if made to the Director­General for the time being: If there is no Director­General for the time being, or if the Director­General is absent from duty, it shall con­ tinue to have effect as if made to the person for the time being directed under the State Sector Act 1988 to act in place of the Director­General or to a Deputy Dir­ ector­General (as the case requires).
(4) In the absence of proof to the contrary, where the Director­ General, a Deputy Director­General, or any person directed under the State Sector Act 1988 to act in place of the Dir­ ector­General purports to act pursuant to a delegation under subsection (1) of this section, the action concerned shall be presumed to be in accordance with the delegation.

(5) No delegation under subsection (1) of this section shall affect or prevent the exercise of any power by the Minister.
Subsection (1) was substituted, and subsection (1A) was inserted, as from 1 April 1987, by section 30(1) Conservation Law Reform Act 1990 (1990 No 31).

Subsection (2) was amended, as from 1 April 1987, by section 30(2) Conserva­ tion Law Reform Act 1990 (1990 No 31) by inserting the words “, the Authority, or the Board, as the case may be,” after the words “Director­General”, in both places they occur.
Subsection (3)(c) was amended, as from 1 April 1988, by section 90(a) State Sector Act 1988 (1988 No 22) by substituting the expression “State Sector Act 1988” for the expression “State Services Act 1962”.
58 (1) Delegation of powers by Director­General Subject to subsection (2) of this section, the Director­General may from time to time, by writing under the Director­Gen­ eral’s hand, either generally or particularly, and either uncon­ ditionally or subject to any conditions the Director­General thinks ﬁt, delegate to such ofﬁcer or ofﬁcers or employee or 199 Part 7 s 58 Conservation Act 1987 Reprinted as at 1 October 2008 (2) (3) (4) employees of the Department as the Director­General thinks ﬁt all or any of the powers exercisable by the Director­General under this Act or any other enactment, including any power delegated to the Director­General under this Act.
The Director­General shall keep at the Director­General’s of­ ﬁce a copy of every instrument by which a delegation under subsection (1) of this section is effected, and shall permit any person to inspect any such copy.
The Director­General shall not— (a) Delegate the power of delegation conferred on the Dir­ ector­General by subsection (1) of this section; or (b) Without the written consent of the Minister delegate any power delegated to the Director­General by the Minis­ ter; or (c) Without the written consent of the State Services Com­ mission, delegate any power delegated to the Director­ General under the State Sector Act 1988.
Subject to— (a) The conditions (if any) subject to which any power was delegated under subsection (1) of this section; and (b) Any general or special directions given by the Director­ General,— every person to whom any powers are delegated under subsec­ tion (1) of this section may exercise those powers in the same manner and with the same effect as if they had been conferred on that person directly and not by delegation.
(5) A delegation under this section may be made to— (c) (d) (a) (b) A speciﬁed ofﬁcer or employee of the Department: The holder for the time being of a speciﬁed ofﬁce in the Department: Ofﬁcers or employees of the Department of any speci­ ﬁed class or classes: The holders for the time being of any speciﬁed ofﬁces, or class or classes of ofﬁce, in the Department.
Every delegation under subsection (1) of this section shall be revocable at will but its revocation shall not take effect until it has been communicated to the delegate, and until revoked it shall continue in force according to its tenor; and if the Dir­ (6) 200 Reprinted as at 1 October 2008 Conservation Act 1987 Part 7 s 59 ector­General by whom it was made ceases to hold ofﬁce, it shall continue to have effect as if made— (a) (b) By the Director­General for the time being; or If there is no Director­General for the time being, by the person for the time being directed under the State Sector Act 1988 to act in place of the Director­General, or by a Deputy Director­General (as the case requires).
(7) Where the Director­General or a delegate of the Director­Gen­ eral uses a written document to inform any other person of an action taken by a delegate of the Director­General, the docu­ ment— (a) Shall state that the action was taken by a delegate of the Director­General; and Shall give the delegate’s name and ofﬁce; and Shall inform the other person that a copy of the in­ strument of delegation may be inspected at the Dir­ ector­General’s ofﬁce.
(b) (c) (8) No delegation under subsection (1) of this section shall affect or prevent the exercise of any power by the Director­General.

For the purposes only of subsection (1) of this section, every warranted ofﬁcer shall be deemed to be an ofﬁcer of the De­ partment.

(9) 59 Warranted ofﬁcers (1) (2) There may from time to time be appointed under the State Sector Act 1988 suitable persons to be warranted ofﬁcers for the purposes of this Act.
The Director­General may from time to time appoint suitable persons to be warranted ofﬁcers in an honorary capacity for the purposes of this Act; and every person so appointed shall be deemed to be a warranted ofﬁcer for the purposes of this Act having the powers speciﬁed in the warrant issued to the person.

(3) Any warranted ofﬁcer may be appointed for a particular district or area or areas or to act generally throughout New Zealand.
201 Part 7 s 59 Conservation Act 1987 Reprinted as at 1 October 2008 (3A) Any warranted ofﬁcer may be appointed for the particular or general purposes of this Act speciﬁed in the warrant issued to that person.

Every warranted ofﬁcer appointed under subsection (2) of this section shall be appointed for a term not exceeding 3 years speciﬁed by the Director­General; but may be reappointed.
(4) (5) Any warranted ofﬁcer appointed under subsection (2) of this section may at any time be removed from ofﬁce by the Dir­ ector­General for incapacity, neglect of duty, or misconduct, proved to the satisfaction of the Director­General, or may at any time resign ofﬁce by writing addressed to the Director­ General.

Every person shall, on ceasing to be a warranted ofﬁcer, sur­ render to the Director­General the warrant of appointment, and any badge of ofﬁce, issued to the person.
(6) (8) (7) No warranted ofﬁcer appointed under subsection (2) of this section shall, by virtue of the appointment, be deemed to be employed in the service of Her Majesty for the purposes of the State Sector Act 1988 or of the Government Superannuation Fund Act 1956.
The Director­General shall give every warranted ofﬁcer a writ­ ten warrant, signed by or on behalf of the Director­General, evidencing the appointment; and the production of the war­ rant shall, in the absence of proof to the contrary, be conclu­ sive evidence of the appointment.
Every person who is a member of the Police, or a ranger ap­ pointed under section 38(1) of the Wildlife Act 1953, sec­ tion 8(1) of the Reserves Act 1977, or section 40(1) of the National Parks Act 1980, or any person who is a Fishery Ofﬁ­ cer or an Honorary Fishery Ofﬁcer appointed under Part 6 of the Fisheries Act 1983 to exercise powers in relation to fresh­ water ﬁsheries, shall be deemed to be a warranted ofﬁcer; but, where such a person has been so appointed in respect of part of New Zealand only, the person shall be deemed to have been appointed a warranted ofﬁcer for that part.
(9) (10) There may be paid to any warranted ofﬁcer appointed under subsection (2) of this section, out of money appropriated by Parliament for the purpose, reimbursement of actual and rea­ 202 Reprinted as at 1 October 2008 Conservation Act 1987 Part 7 s 60 sonable expenses incurred in the course of acting as a war­ ranted ofﬁcer, if the Director­General has given prior author­ isation and has subsequently approved the amount of the ex­ penses.
Subsections (1) and (3)(c) were amended, as from 1 April 1988, by section 90(a) State Sector Act 1988 (1988 No 22) by substituting the expression “State Sector Act 1988” for the expression “State Services Act 1962”.

Subsection (3A) was inserted, as from 10 April 1990, by section 31(1) Conser­ vation Law Reform Act 1990 (1990 No 31).
Subsection (7) was amended, as from 1 April 1988, by section 90(a) State Sector Act 1988 (1988 No 22) by substituting the expression “State Sector Act 1988” for the expression “State Services Act 1962”.
Subsection (9) was amended, as from 10 April 1990, by section 31(2) Conserva­ tion Law Reform Act 1990 (1990 No 31) by inserting the words “or any person who is a Fishery Ofﬁcer or an Honorary Fishery Ofﬁcer appointed under Part 6 of the Fisheries Act 1983 to exercise powers in relation to freshwater ﬁsh­ eries,”.

See section 31(3) Conservation Law Reform Act 1990 (1990 No 31) for the transitional provisions.
Purchase of land for administrative purposes The Director­General may acquire land or any interest in land for the purposes of the Department and the due administration of this Act.
The Director­General may on behalf of Her Majesty the Queen, without complying with any provision of this Act (other than section 50(2)) or any provision of the Land Act 1948, dispose of— (a) Any land acquired under subsection (1) of this section; or (b) Any interest in any such land; or (c) Any interest in land (being an interest acquired under subsection (1) of this section)— if the land concerned is, at the time of disposal, neither a con­ servation area nor Crown land.
Subsection (1) was amended, as from 21 December 1988, by section 2(1) Con­ servation Amendment Act (No 2) 1988 (1988 No 237) by substituting the words “The Director­General may acquire land or any interest in land” for the words “The Minister may purchase land”.

Subsection (2) was inserted, as from 21 December 1988, by section 2(2) Con­ servation Amendment Act (No 2) 1988 (1988 No 237).
60 (1) (2) 203 Part 7 s 60A Conservation Act 1987 Reprinted as at 1 October 2008 60A Persons in respect of whose actions Director­General may recover costs, require royalties, etc This section applies to the Minister, the Director­General, the holder of any ofﬁce under any enactment administered by the Department, and every employee of the Department.

Sections 60A to 60E were inserted, as from 30 July 1988, by section 3 Conser­ vation Amendment Act 1988 (1988 No 131).
60B Director­General may recover certain costs (1) The Director­General, after— (a) Any person to whom section 60A of this Act applies, has— (i) Considered whether or not to give, grant, issue, make, or reach any approval, authority, conces­ sion, concurrence, consent, decision, licence, permission, permit, or waiver, or to take or undertake any similar action (whether or not the consideration has been concluded); or (ii) Given, granted, issued, made, or reached any ap­ proval, authority, concession, concurrence, con­ sent, decision, licence, permission, permit, or waiver, or taken or undertaken any similar action; or (iii) Refused to give, grant, issue, make, or reach any approval, authority, concession, concurrence, consent, decision, licence, permission, permit, or waiver, or to take or undertake any similar action; or The Minister has considered whether or not to recom­ mend to the Governor­General the making of any Order in Council (whether or not the consideration has been concluded),— (b) (whether under this Act or any other enactment, or otherwise howsoever) may require any person who applied for or other­ wise requested the approval, authority, concession, concur­ rence, consent, decision, licence, order, permission, permit, waiver, or action concerned, or who applied for or otherwise requested any thing for which it was necessary, to pay to the Director­General all or any part the Director­General thinks 204 Reprinted as at 1 October 2008 Conservation Act 1987 Part 7 s 60B ﬁt of the direct and
 indirect costs to the Department of dealing with it (or, as the case requires, dealing with as much of it as has then been dealt with); and in that case— (c) That latter person shall, within 28 days of receiving from the Director­General a written demand in that be­ half, pay those costs or that part accordingly; and The Director­General may, on behalf of the Minister, re­ cover those costs or that part as a debt due to the Crown by that latter person.
(d) (2) (3) Subsection (1) of this section shall have effect whether or not any person was under a duty imposed by any enactment or by law to take or undertake the action concerned.

The Director­General may, in the Director­General’s absolute discretion, refund or waive payment of all or any part of any sum paid or required to be paid pursuant to this section.
(4) Where any person applies to a person to whom section 60A of this Act applies for, or otherwise requests from any such per­ son,— (a) Any approval, authority, concession, concurrence, consent, decision, licence, order, permission, permit, waiver, or other action, in respect of which the Dir­ ector­General is empowered by subsection (1) of this section to recover any costs; or (b) Any thing for which any such action is necessary,— the person to whom the section applies shall take all reasonable steps to ensure that— (c) The other person is informed of the general effect of the subsection in relation to the action or thing applied for or requested; and (d) Until the other person has been so informed, no further costs to the Department are incurred other than the cost of so informing the other person.
Subject to subsection (6) of this section, on application in that behalf, any person to whom section 60A of this Act applies shall give to the applicant the person’s best estimate of the costs likely to be required under this section to be paid by the applicant in respect of any speciﬁed matter.
(5) (6) A person to whom section 60A of this Act applies may refuse to give an estimate under subsection (5) of this section unless 205 Part 7 s 60C Conservation Act 1987 Reprinted as at 1 October 2008 paid the reasonable costs to the Department of causing it to be prepared.

(7) No person shall be bound by an estimate given under subsec­ tion (5) of this section.
(8) Notwithstanding subsection (2) of this section, nothing in this section shall apply to any application or inquiry made under the Ombudsmen Act 1975 or the Ofﬁcial Information Act 1982.

Sections 60A to 60E were inserted, as from 30 July 1988, by section 3 Conser­ vation Amendment Act 1988 (1988 No 131).

Subsections (1) and (4)(a) were amended, as from 1 July 1996, by section 39 Conservation Amendment Act 1996 (1996 No 1) by inserting the word “con­ cession,”.
Subsection (8) was inserted, as from 10 April 1990, by section 32 Conservation Law Reform Act 1990 60C Indirect applications Where— (a) Any person (in this section referred to as the beneﬁ­ ciary) applies to a person (being a person to whom sec­ tion 60A of this section does not apply) for, or otherwise requests from any such person, any action, decision, or thing; and By virtue of this Act or any other enactment, the action, decision, or thing may not be done, given, granted, is­ sued, reached, taken, or undertaken, except— (i) With the approval, authority, concession, concur­ rence, consent, licence, permission, or permit of a person to whom section 60A of this Act applies; or (ii) After any such person has made a decision, or taken or undertaken an action, of a speciﬁed kind or description; or (iii) By an Order in Council made on the recommen­ dation of the Minister, or the Minister and one or more other Ministers jointly, or made under an Act administered by the Department; or (iv) With an approval, authority, concession, concur­ rence, consent, licence, permission, or permit (b) 206 Reprinted as at 1 October 2008 Conservation Act 1987 Part 7 s 60D given, granted, or issued by such an Order in Council; and (c) As a consequence of the beneﬁciary’s application or re­ quest, an application or other request is made by any person— (i) To a person to whom section 60A of this Act ap­ plies for the approval, authority, concession, con­ currence, consent, decision, licence, permission, permit, or action concerned; or To the Minister to recommend the making of the order concerned,— (ii) section 60B of this Act shall have effect as if the beneﬁciary had made the latter application or request directly to the person to whom section 60A of this Act applies or, as the case may be, to the Minister.
Sections 60A to 60E were inserted, as from 30 July 1988, by section 3 Conser­ vation Amendment Act 1988 (1988 No 131).

Paragraphs (b) and (c) were amended, as from 1 July 1996, by section 40 Con­ servation Amendment Act 1996 (1996 No 1) by inserting the word “conces­ sion,”.
60D Royalties, etc, may be required in certain circumstances (1) Where— (a) Either— (i) Any person to whom section 60A of this Act ap­ plies (in this section referred to as the grantor) is empowered by any enactment or by law to give, grant, issue, make, or reach any approval, author­ ity, concession, concurrence, consent, decision, licence, permission, permit, or waiver, or to take or undertake any similar action; or The Governor­General is empowered by any such enactment to make an Order in Council; and (ii) (b) An effect in any particular case of the person’s doing so (or, in the case of the making of an Order in Council, an effect of the order) would be that any other person (in this section referred to as the beneﬁciary)— (i) Would be able, or would be able more easily, to carry on any activity; or 207 Part 7 s 60D Conservation Act 1987 Reprinted as at 1 October 2008 (ii) Would be able, or would be able more easily, to make a proﬁt or a larger proﬁt, or derive an in­ come or a larger income, or avoid a loss or a larger loss, on or in respect of any action, trans­ action, or group of actions or transactions; or— (iii) Would acquire or be able to acquire an asset; or (iv) Would be the owner of an asset that had increased in value; or (v) Would acquire or be able to acquire any special or exclusive rights or privileges in relation to any activity or thing that, but for the various rights and privileges of the beneﬁciary (and, where any other persons have special or exclusive rights or privileges, the rights
 and privileges of those per­ sons) would be in the public domain; or (vi) Would acquire or be able to acquire increased or additional special or exclusive rights or privil­ eges in relation to any activity or thing that, but for the various rights and privileges of the beneﬁ­ ciary (and, where any other persons have special or exclusive rights or privileges, the rights and privileges of those persons) would be in the pub­ lic domain,— the grantor may refuse to take or undertake the action (or, as the case requires, the Minister may refuse to recommend to the Governor­General the making of the order) in that case unless there have been entered into arrangements satisfactory to the Director­General for the payment to the Director­General of royalties, rent, fees, and other charges, or any of them.
Subsection (1) of this section shall have effect whether or not the grantor is under a duty imposed by any enactment or by law to take or undertake the action concerned or the Minister is under any such duty to recommend the making of the order concerned.

There shall be deemed to have been consideration for any per­ son’s entering into any arrangement with the Director­General under subsection (1) of this section.
Sections 60A to 60E were inserted, as from 30 July 1988, by section 3 Conser­ vation Amendment Act 1988 (1988 No 131).

(2) (3) 208 Reprinted as at 1 October 2008 Conservation Act 1987 Part 7 s 60F Subsection (1)(a) was amended, as from 1 July 1996, by section 41(a) Conser­ vation Amendment Act 1996 (1996 No 1) by inserting the word “concession,”.
Subsection (1)(a)(i) was amended, as from 25 November 1994, by section 24 Conservation Amendment Act 1994 (1994 No 108) by omitting the words “(other than this Act)”.

Subsection (1)(b)(i) was amended, as from 1 July 1996, by section 41(b) Con­ servation Amendment Act 1996 (1996 No 1) by substituting the word “activity” for the words “trade, business, or occupation”.
60E Payments All money paid to the Director­General under section 60B of this Act or under any arrangement under section 60D of this Act shall be deemed to have been paid under this Act.

Sections 60A to 60E were inserted, as from 30 July 1988, by section 3 Conser­ vation Amendment Act 1988 (1988 No 131).
60F Certiﬁcate of title in respect of conservation areas (1) The District Land Registrar for the land registration district in which is situated any land for the time being held under this Act for conservation purposes or for the purposes of the Department shall, on the written request of the Director­Gen­ eral,— (a) Issue a certiﬁcate or certiﬁcates of title under the Land Transfer Act 1952 (in the name of Her Majesty the Queen for conservation purposes or for the purposes of the Department) in respect of any of the land; and Issue a duplicate to the Director­General.
(b) For the purposes only of the Land Transfer Act 1952, a request under subsection (1) of this section is conclusive evidence that the land to which it relates is held under this Act for conserva­ tion purposes or, as the case requires, for the purposes of the Department.
If the survey of any land is inadequate for the issue of a cer­ tiﬁcate of title under subsection (1) of this section, the District Land Registrar may require the Director­General to deposit in the Land Registry Ofﬁce concerned such other plan as the Dis­ trict Land Registrar, after consultation with the Chief Surveyor under the Survey Act 1987 for the land district in which the land is situated, thinks sufﬁcient to deﬁne the land in relation (2) (3) 209 Part 8 s 61 Conservation Act 1987 Reprinted as at 1 October 2008 to existing surveys made in accordance with the regulations to which section 167 of the Land Transfer Act 1952 refers.
Section 60F was inserted, as from 21 December 1988, by section 3 Conservation Amendment Act (No 2) 1988 (1988 No 237).
Part 8 Transitional, consequential amendments, and savings 61 Certain former State forest land to become protected area on commencement of Act (1) Any land that, immediately before the commencement of this Act, was a forest sanctuary shall be deemed to have been de­ clared to be held for the purpose of a sanctuary area by a notice under section 18(1) of this Act published in the Gazette on that commencement.
(2) Any land that, immediately before the commencement of this Act,— (a) Was a forest park; and (b) Was not shown on any plan lodged in the ofﬁce of the Chief Surveyor for the land district in which it is situated (being a plan certiﬁed as correct for the pur­ poses of section 24 of the State­Owned Enterprises Act 1986 by the Chief Surveyor) as being allocated for pos­ sible transfer to a State enterprise,— shall, until it— (c) Is declared to be held for conservation purposes under section 7(1) of this Act; or Is vested in a State enterprise under the said section 24,— (d) be deemed to be a conservation park.
(2A) Nothing in subsection (2) of this section applies to any land that, immediately before the commencement of the Crown Forest Assets Act 1989, was shown as being allocated to New Zealand Forestry Corporation Limited on record plans lodged in the ofﬁce of the Chief Surveyor for the land district in which the land is situated.
(2B) Land of the kind referred to in subsection (2A) of this section that has, before the commencement of the Crown Forest Assets 210 Reprinted as at 1 October 2008 Conservation Act 1987 Part 8 s 61 Act 1989, been declared to be held for conservation purposes under section 7(1) of this Act, shall, with effect from the com­ mencement of that Act, be deemed not to have been declared to be held for those purposes.
(3) When any land to which subsection (2) of this section applies is declared to be held for conservation purposes under section 7(1) of this Act, it shall be deemed to have been declared to be held for the purpose of a conservation park by a notice in the Gazette under section 18(1) of this Act.
(4) Any land that, immediately before the commencement of this Act,— (a) Was State forest land dedicated under section 15(ba) of the Forests Act 1949 as a wilderness area; and (b) Was not shown on any plan lodged in the ofﬁce of the Chief Surveyor for the land district in which it is situated (being a plan certiﬁed as correct for the pur­ poses of section 24 of the State­Owned Enterprises Act 1986 by the Chief Surveyor) as being allocated for pos­ sible transfer to a State enterprise,— shall, until it— (c) Is declared to be held for conservation purposes under section 7(1) of this Act; or Is vested in a State enterprise under the said section 24,— (d) be deemed to be a wilderness area.
(5) When any land to which subsection (4) of this section applies is declared to be held for conservation purposes under section 7(1) of this Act, it shall be deemed to have been declared to be held for the purpose of a wilderness area by a notice in the Gazette under section 18(1) of this Act.
(6) Any land that, immediately before the commencement of this Act,— (a) Was State forest land dedicated under section 15(ba) of the Forests Act 1949 as an ecological area; and (b) Was not shown on any plan lodged in the ofﬁce of the Chief Surveyor for the land district in which it is situated (being a plan certiﬁed as correct for the pur­ poses of section 24 of the State­Owned Enterprises Act 211 Part 8 s 61 Conservation Act 1987 Reprinted as at 1 October 2008 1986 by the Chief Surveyor) as being allocated for pos­ sible transfer to a State enterprise,— shall, until it— (c) Is declared to be held for conservation purposes under section 7(1) of this Act; or Is vested in a State enterprise under the said section 24,— (d) be deemed to be an ecological area.
(6A) Nothing in subsection (6) of this section applies to any land that, immediately before the commencement of the Crown Forest Assets Act 1989, was shown as being allocated to New Zealand Forestry Corporation Limited on record plans lodged in the ofﬁce of the Chief Surveyor for the land district in which the land is situated.
(6B) Land of the kind referred to in subsection (6A) of this section that has, before the commencement of the Crown Forest Assets Act 1989, been declared to be held for conservation purposes under section 7(1) of this Act, shall, with effect from the com­ mencement of that Act, be deemed not to have been declared to be held for those purposes.
(7) When any land to which subsection (6) of this section applies is declared to be held for conservation purposes under section 7(1) of this Act, it shall be deemed to have been declared to be held for the purpose of an ecological area by a notice in the Gazette under section 18(1) of this Act.
(8) All land to which subsection (6) of this section applies, for so long as it is required to be managed as if it is an ecological area or is deemed to be an ecological area, shall be managed so as to protect— (a) The value or values for which it was dedicated under section 15(ba) of the Forests Act 1949, if any such value was speciﬁed at the time; or For its ecological value, in every other case.
(b) (9) Until it is— (a) Declared to be held for conservation purposes under section 7(1) of this Act; or (b) Vested in a State enterprise under section 24 of the State­Owned Enterprises Act 1986,— 212 Reprinted as at 1 October 2008 Conservation Act 1987 Part 8 s 62 all land that is deemed by this section to be a conservation park, a wilderness area, or an ecological area shall be deemed to be held under this Act for conservation purposes; but neither it nor any interest in it shall be disposed of except by vesting as aforesaid.
(10) Nothing in subsection (9) of this section restricts or prevents the granting under this Act of a concession over any land.

Subsection (2) was amended, as from 30 July 1988, by section 2(3) Conserva­ tion Amendment Act 1988 (1988 No 131) by substituting the words “be deemed to be a conservation park” for the words “be managed by the Department as if it is a conservation park; and this Act (except sections 14 to 16, and 18) shall apply to it accordingly”.
Subsection (2)(d) was substituted, as from 30 July 1988, by section 2(3) Con­ servation Amendment Act 1988 (1988 No 131).

Subsections (2A) and (2B) were inserted, as from 25 October 1989, by section 44(2) Crown Forest Assets Act 1989 (1989 No 99).
Subsection (4) was amended, as from 30 July 1988, by section 2(4) Conserva­ tion Amendment Act 1988 (1988 No 131) by substituting the words “be deemed to be a wilderness area” for the words “be managed by the Department as if it is a wilderness area; and this Act (except sections 14 to 16 and 18) shall apply to it accordingly”.

Subsection (4)(d) was substituted, as from 30 July 1988, by section 2(4) Con­ servation Amendment Act 1988 (1988 No 131).
Subsection (6) was amended, as from 30 July 1988, by section 2(5) Conserva­ tion Amendment Act 1988 (1988 No 131) by substituting the words “be deemed to be an ecological area” for the words “be managed by the Department as if it is an ecological area; and this Act (except sections 14 to 16, and 18) shall apply to it accordingly”.

Subsection 6(d) was substituted, as from 30 July 1988, by section 2(5) Conser­ vation Amendment Act 1988 (1988 No 131).
Subsections (6A) and (6B) were inserted, as from 25 October 1989, by section 44(3) Crown Forest Assets Act 1989 (1989 No 99).

Subsections (9) and (10) were inserted, as from 30 July 1988, by 2(6) Conser­ vation Amendment Act 1988 (1988 No 131).

Subsection (10) was amended, as from 1 July 1996, by section 42 Conservation Amendment Act 1996 (1996 No 1) by substituting the word “concession” for the words “lease, licence, or easement”.
Certain land to be managed as if it is stewardship area 62 (1) Any land or foreshore that,— (a) Immediately before the commencement of this Act was State forest land or Crown land; and (b) Was not then a forest sanctuary, forest park, ecological area, or wilderness area; and 213 Part 8 s 63 Conservation Act 1987 Reprinted as at 1 October 2008 (c) (d) Is land or foreshore that the Minister, and the Minister responsible for a department or agency of State that then had control of it, have agreed should be held for conser­ vation purposes; and Is identiﬁed for the purposes of this section on plans lodged in the ofﬁce of the Chief Surveyor for the land district in which the land or foreshore is situated (being plans certiﬁed as correct for the purposes of this section by that Chief Surveyor),— shall, until it is declared under section 7(1) of this Act to be held for conservation purposes, be deemed to be held under this Act for conservation purposes; but neither it nor any in­ terest in it shall be disposed of.
(2) Nothing in subsection (1) of this section restricts or prevents the granting under this Act of a concession over any land.
Subsection (1) was amended, as from 30 July 1988, by section 2(7) Conser­ vation Amendment Act 1988 (1988 No 131) by substituting the words “shall, until it is declared under section 7(1) of this Act to be held for conservation purposes, be deemed to be held under this Act for conservation purposes; but neither it nor any interest in it shall be disposed of” for the words “shall, until it is declared to be held for conservation purposes under section 7(1) of this Act, be managed by the Department as if it is a stewardship area; and this Act shall apply to it accordingly”.
Subsection (2) was inserted, as from 30 July 1988, by section 2(8) Conservation Amendment Act 1988 (1988 No 131).

Subsection (2) was amended, as from 1 July 1996, by section 43 Conservation Amendment Act 1996 (1996 No 1) by substituting the word “concession” for the words “lease, licence, or easement”.

See section 2(9) Conservation Amend­ ment Act 1988 (1988 No 131) as to this amendment being for the avoidance of doubt.
63 Certain land may become protected area without public notiﬁcation (1) Notwithstanding section 18(2) of this Act, where— (a) Before the commencement of this Act, the Minister of Lands (in respect of any Crown land) or the Minis­ ter of Forests (in respect of any State forest land) has approved in writing that any speciﬁed Crown land or State forest land should become an ecological area, an amenity area, or a wilderness area after the 1st day of April 1987; and 214 Reprinted as at 1 October 2008 Conservation Act 1987 Part 8 s 63 (b) That land has subsequently become a conservation area,— the Minister may, under section 18(1) of this Act, declare the land to be held for any of the purposes speciﬁed in that sub­ section without giving public notice of intention to do so.
The Minister may, by notice in the Gazette, declare that any land— (a) Identiﬁed in the ﬁrst column of Schedule 4 to this Act for protection as an ecological area, amenity reserve, wildlife corridor, or wildlife management reserve; and (b) Held and managed as a conservation area under section 7 or section 61 or section 62 of this Act or as a reserve under the Reserves Act 1977— is held for the purpose of an ecological area under section 21 or an amenity area under section 23A or a wildlife management area under section 23B of this Act; and, subject to this Act, it shall thereafter be so held and, in the case of any land that was a reserve under the Reserves Act 1977, the reservation of the land as a reserve shall thereupon be deemed to have been revoked in accordance with that Act.
The purpose for which any land identiﬁed in Schedule 4 to this Act is held shall be as speciﬁed in the third column of that Schedule.

(2) (3) (4) Where any boundary of any land is identiﬁed in any document referred to in the fourth column of Schedule 4 to this Act, the boundary identiﬁed in the document shall be conclusive for the purposes of this Act.
(5) Where any boundary of any land is not identiﬁed in any docu­ ment referred to in the fourth column in Schedule 4 to this Act, the Minister shall describe the land in the notice given under this section after having regard,— (a) In the case of any land identiﬁed as Category A in Ap­ pendix C of the Final Report of the West Coast Forests Working Party dated the 31st day of October 1986, to the maps contained or referred to in that report: In the case of any land identiﬁed as Category B in the said Appendix C, to the maps contained or referred to in the discussion document dated the 17th day of January (b) 215 Part 8 s 64 Conservation Act 1987 Reprinted as at 1 October 2008 (6) 1987 issued pursuant to the said Final Report by the Acting Director­General of Forests.
If the boundary of any land cannot be identiﬁed in accordance with subsection (4) or subsection (5) of this section, the Min­ ister shall, after consultation with such persons or organisa­ tions as the Minister considers appropriate, describe the land in the notice given under this section after having regard to such documents as he or she considers appropriate.
(7) Notwithstanding subsections (4), (5) and (6) of this section, the Minister may, by notice in the Gazette, make any necessary or practical or appropriate adjustments to the description of any land under this section.

(8) Where any land identiﬁed in Schedule 4 to this Act is identiﬁed as an extension to any existing land held for a special purpose under Part 4 of this Act, the Minister may, by notice in the Gazette, add the land identiﬁed in that Schedule to the existing land.
(9) Notwithstanding section 18(2) of this Act, the Minister may make a declaration under subsection (2) of this section with­ out giving public notice of the intention to declare the land as being held for the proposed purpose.

Subsections (2) to (9) were inserted, as from 13 March 1996, by section 44 Con­ servation Amendment Act 1996 (1996 No 1).
64 (1) Existing leases, licences, etc In this section, existing incumbrance means a lease, licence, permit, or tenancy, granted or issued under the Land Act 1948 or any former Land Act within the meaning of that Act.
(2) Where a conservation area was subject to an existing incum­ brance immediately before becoming a conservation area,— It shall be subject to the incumbrance on becoming a (a) conservation area; and The provisions of the Land Act 1948 speciﬁed in subsection (3) of this section shall apply to the incum­ brance, its application to the area, and every present or former lessee, licensee, permittee, and tenant, as if every reference in those provisions to the Commis­ sioner of Crown Lands, the Land Settlement Board, (b) 216 Reprinted as at 1 October 2008 Conservation Act 1987 Part 8 s 64 the Board, or the Department, is a reference to the Director­General.
(3) The provisions concerned are sections 18, 50, 50A to 50F, 56, 60, 60A, 60B, 65, 67(1), 67(2), 67(4), 68 to 69, 81 to 105, 111 to 115, 121 to 126, 127, 131 to 151, 153 to 158, 160, 164A, 164B, 170 to 171, 174, and 183.
(4) Where, at the commencement of this subsection, any person has under a lease or licence of any land of the Crown a right to acquire the freehold title for that land, the following provisions shall apply: (a) That person may, subject to the provisions of the lease or licence under which the right is conferred, exercise that right at any time during the currency of the lease or licence: The exercise of that right shall not constitute a dispos­ ition for the purposes of section 16 or Part 4A of this Act.
(b) (4A) Where a lessee or licensee of any land vested in Landcorp Farming Limited, being land that was acquired from the Crown, exercises under that person’s lease or licence a right to acquire the freehold title for that land, the exercise of that right shall not constitute a disposition for the purposes of section 16 or Part 4A of this Act.
(5) Where the freehold title of any land referred to in subsection (4A) of this section is transferred to the lessee or licensee of the land pursuant to the exercise of a right to acquire that title, the District Land Registrar or the Chief Surveyor shall, without fee,— (a) Remove from the certiﬁcate of title, or proper plans and records, of the land any record or notation made in ac­ cordance with subsection (1) or subsection (2) of sec­ tion 24D of this Act; and Remove from any such proper plans any reference to the marginal strip formerly reserved in respect of the land.
Subsection (4) was substituted and subsection 4A was inserted, as from 10 April 1990, by section 33 Conservation Law Reform Act 1990 (1990 No 31).

(b) Subsection (4)(b) was amended, as from 13 March 1996, by section 45(1)(a) Conservation Amendment Act 1996 (1996 No 1) by substituting the expression “Part 4A” for the expression “section 24”.
217 Part 8 s 64A Conservation Act 1987 Reprinted as at 1 October 2008 Subsection (4A) was amended, as from 13 March 1996, by section 45(1)(a) Conservation Amendment Act 1996 (1996 No 1) by substitut­ ing the expression “Part 4A” for the expression “section 24”.

Subsection (4A) was further amended, as from 13 March 1996, by section 45(2) Conservation Amendment Act 1996 (1996 No 1) by omitting the words “of New Zealand”.
Subsection (4A) was amended, as from 12 April 2001, by clause 4 State­Owned Enterprises (Landcorp Farming Limited) Order 2001 (SR 2001/23) by substitut­ ing the words “Landcorp Farming Limited” for the words “Land Corporation Limited”.

Subsection (5) was inserted, as from 13 March 1996, by section 45(2) Conser­ vation Amendment Act 1996 (1996 No 1).
64A Agreed exchanges to proceed Where, immediately before the commencement of this Act, there was in existence an executed written agreement between the Crown and the owner of any private land for the exchange of any land that was then Crown land or State forest land and all or any part of the private land, the Director­General may, without complying with any provision of this Act (other than section 50(2)), take all steps necessary to enable the transfer to the person of any part of the former Crown land or State forest land that is a conservation area.
Section 64A was inserted, as from 21 December 1988, by section 4(1) Conser­ vation Amendment Act (No 2) 1988 (1988 No 237).

64B Powers under forestry and Crown leases, etc, exercisable Land in any conservation area: Land to which section 61 of this Act applies: Land to which section 62 of this Act applies.
by Minister or Director­General This section shall apply to— (a) (b) (c) Subject to subsection (3) of this section, the Minister or the Director­General may exercise any power that— (a) Is conferred by any provision in any lease, licence, per­ mit, consent, or other authority for the time being in force in respect of any land to which this section ap­ plies; and (b) At the time it was conferred was expressed to be exer­ cisable by— (i) (ii) The Minister of Forests; or The Minister of Lands; or (1) (2) 218 Reprinted as at 1 October 2008 Conservation Act 1987 Part 8 s 64B (iii) The Director­General of Forests, or any other speciﬁed ofﬁce holder in the New Zealand For­ est Service; or (iv) The chief executive of the Department within the meaning of section 2 of the Survey Act 1986, or any other speciﬁed ofﬁce holder of that depart­ ment; and (c) Would have been exercisable by one of the persons re­ ferred to in paragraph (b) of this subsection, on the 31st day of March 1987.
(3) The Minister or the Director­General, as the case may be, shall consult the Minister of Energy before exercising any such power if it relates to or affects any mining privilege.
(4) Where a lease, licence, permit, consent, or other authority con­ tains a power to which subsection (2) of this section applies, the Minister may take all necessary proceedings— (a) To enforce any conditions of the lease, licence, permit, consent, or other authority: In respect of breaches of the conditions: In respect of any act or omission contrary to the terms upon which the lease, licence, permit, consent, or other authority was granted.
(b) (c) (5) Notwithstanding section 32(1) of the State­Owned Enterprises Act 1986 but subject to subsections (2) and (3) of this sec­ tion, every lease, licence, permit, consent, and other authority granted under the Forests Act 1949 in respect of any land to which this section applies, that is for the time being in force, shall have effect and be construed as if sections 14, 30, 33, 36, 37, and 40 to 44 of the Forests Act 1949 were still in force; and every such authority shall be deemed to have had such effect on and from the 1st day of April 1987 and shall be construed accordingly.
Section 64B was inserted, as from 10 April 1990, by section 34 Conservation Law Reform Act 1990 (1990 No 31).

See section 34(5) of that Act as to every lease, licence, permit, consent, and other authority granted under the Forests Act 1949 in respect of any land to which this section applies shall be deemed to have had such effect on and from the 1st day of April 1987.

Subsection (2)(b)(iv) was substituted, as from 1 July 1996, by section 5 Survey Amendment Act 1996 (1996 No 55).
219 Part 8 s 65 Conservation Act 1987 Reprinted as at 1 October 2008 Amendments and savings The enactments speciﬁed in Schedule 2 to this Act are hereby amended in the manner indicated in that schedule.
The Governor­General may, by Order in Council, amend any local or private Act so as to achieve all or any of the following ends: (a) The substitution of references to the Minister of Con­ servation for references to the Minister of Agriculture, the Minister of Agriculture and Fisheries, the Minister of Fisheries, the Minister of Forests, the Minister of In­ ternal Affairs, the Minister of Lands, the Minister of Marine, the Minister of Transport, the Land Settlement Board, or any Commissioner of Crown Lands: The substitution of references to the Director­General of Conservation for references to the Director­General of Agriculture, the Director­General of Agriculture and Fisheries, the Director­General of Forests, the Secretary for Internal Affairs, the Under­Secretary of Internal Af­ fairs, the Director­General of Lands, the Secretary for Marine, the Secretary for Transport, the Land Settle­ ment Board, or any Commissioner of Crown Lands: The substitution of references to the Department of Conservation for references to the Ministry of Agri­ culture and Fisheries, the Department of Agriculture, the New Zealand Forest Service, the Department of Internal Affairs, the Marine Department, the Ministry of Transport, the Transport Department, or the depart­ ment within the meaning of section 2 of the Survey Act 1986.
(b) (c) The regulations speciﬁed in Schedule 3 to this Act are hereby amended in the manner indicated in that schedule.

The regulations speciﬁed in Schedule 3 to this Act may be amended or revoked as if the amendments speciﬁed in that schedule had been effected by regulation and not by this Act.

The State Forest Parks and Forest Recreation Regulations 1979 are hereby deemed to have been made under section 48 of this Act, and may be amended or revoked accordingly.
65 (1) (2) (3) (4) (5) 220 Reprinted as at 1 October 2008 Conservation Act 1987 Part 8 s 65 (6) After the commencement of this Act, the Titi (Muttonbird) Islands Regulations 1978 shall have effect as if made under this Act, and may be amended or revoked accordingly.
(7) After the commencement of this Act, every reference in— (a) Any regulation, order, proclamation, notice, rule, no­ tiﬁcation, certiﬁcate, agreement, deed, instrument, ap­ plication, licence, authority, permit or other document whatsoever made, given, issued, granted, or entered into pursuant to, by, or under the Wildlife Act 1953 or any former corresponding enactment; or (b) Any protection notice issued pursuant to section 36 of (c) the Historic Places Act 1980; or Any district anglers notice given pursuant to section 71 of the Fisheries Act 1983;— to the Minister of, Secretary for, or Department of Internal Affairs shall be read as a reference to the Minister, Director­ General, or, as the case may be, Department of Conservation.
(8) After the commencement of this Act, references in any bylaws made under section 56 of the National Parks Act 1980 to the Department of Lands and Survey or to the Commissioner of Crown Lands shall be read as references to the Department of Conservation or to the Director­General of Conservation, respectively.
The following orders are hereby amended by omitting from the deﬁnition of the term Minister or, as the case requires, of the term Director­General the word “Lands”, and substituting, in each case, the word “Conservation”: (a) (9) The Lake Waikaremoana and Lake Waikareiti Waters Control Order 1982: The Fiordland National Park Lakeshore and Lakebed Control Order 1986: The Abel Tasman National Park Foreshore Control Order 1986: The Abel Tasman National Park Waters Control Order 1986.
(b) (c) (d) (10) The following orders are hereby amended by omitting from the deﬁnition in clause 2 of the term The Commissioner the words “Commissioner of Crown Lands, Wellington” (in the case of the ﬁrst order) and the words “Commissioner of Crown 221 Part 8 s 65 Conservation Act 1987 Reprinted as at 1 October 2008 Lands, Auckland” (in the case of the second order), and sub­ stituting, in each case, the words “Director­General of Con­ servation”: (a) The Wanganui River, Ongarue River and Retaruke River Waters Control Order 1982: The Northland Harbour Board and Commissioner of Crown Lands, Auckland, Foreshore Control Order 1987.
(b) (11) The orders speciﬁed in subsections (9) and (10) of this section may be amended or revoked as if the amendments effected by those subsections had been effected by Order in Council made under section 165 of the Harbours Act 1950.
(12) The following provisions shall apply in respect of every man­ agement plan approved under any former Act in relation to the management of any area that, on or after the commencement of this Act, became or becomes a conservation area or an area subject to section 61 or section 62 of this Act: (a) Except to the extent that it is inconsistent with this Act, every such plan shall have effect as if it were a conser­ vation management plan: (c) (b) Any such plan may be replaced under this Act by a conservation management plan prepared under this Act: Any such plan or any part of any such plan that is in­ consistent with any provision of this Act may, with the agreement of the appropriate Conservation Board, be declared by the Minister to have been withdrawn; and any plan or part declared to have been withdrawn under this paragraph shall cease to have effect: (d) Where the objectives of any such plan are generally con­ sistent with this Act, and the Director­General and the appropriate Conservation Board agree, the plan may be reviewed under section 17H or amended under section 17I of this Act.
(13) Where there was in force immediately before the commence­ ment of this Act any licence, permit, approval, or consent under the Harbours Act 1950 that, if granted, issued, or given, after that commencement, would have had to be granted, is­ sued, or given by— (a) The Minister; or 222 Reprinted as at 1 October 2008 Conservation Act 1987 Schedule 1 (b) (c) (d) (e) The Minister and the Minister of Transport jointly; or The Minister of Transport on the recommendation of the Minister; or The Minister of Transport after consultation with the Minister; or The Minister after consultation with the Minister of Transport,— it shall continue in force as if so granted, issued, or given, and may be amended, revoked, or renewed, accordingly.
(14) Notwithstanding the repeal or amendment of any provision in the Marine Farming Act 1971, the validity, invalidity, effect, or consequences of any thing already done or suffered in respect of any licence, permit, approval, or consent under that Act, shall not be affected: Provided that any change in requirements as to any consent, renewal, amendment, or any other such matter relating thereto and either provided for by this Act or occurring on or after the 1st day of April 1987 shall be deemed to apply to such licences, permits, approvals, or consents under the Marine Farming Act 1971 as appropriate.
Subsection (2)(c) was amended, as from 1 July 1996, by section 5 Survey Amendment Act 1996 (1996 No 55) by substituting the words “department within the meaning of section 2 of the Survey Act 1986” for the words “Department of Survey and Land Information”.

Subsection (5) was substituted, as from 10 April 1990, by section 35(1) Con­ servation Law Reform Act 1990 (1990 No 31).

Subsection (12) was substituted, as from 10 April 1990, by section 35(2) Con­ servation Law Reform Act 1990 (1990 No 31).
Subsection (14) was inserted, as from 1 April 1987, by section 11(1) State­ Owned Enterprises Amendment Act 1987 (1987 No 117).
Schedule 1 Other enactments administered by department Section 6 The Canterbury Provincial Buildings Vesting Act 1928 The Fisheries Act 1983: Part 5 • • • • 223 Schedule 1 Conservation Act 1987 Reprinted as at 1 October 2008 • The Harbour Boards Dry Land Endowment Revesting Act 1991 The Kapiti Island Public Reserve Act 1897 The Lake Wanaka Preservation Act 1973 The Marine Mammals Protection Act 1978 The Marine Reserves Act 1971 The Mount Egmont Vesting Act 1978 The National Parks Act 1980 The Native Plants Protection Act 1934 The Ngai Tahu (Tutaepatu Lagoon Vesting) Act 1998 The Queen Elizabeth the Second National Trust Act 1977 The Queenstown Reserves Vesting and Empowering Act 1971 The Reserves Act 1977 • • • • • • • • • • • • • • • • • • • • • • Foreshore and Seabed Endowment Revesting Act 1991: this item was inserted (as from 3 October 1991) by section 12 Foreshore and Seabed Endowment Revesting Act 1991 (1991 No 103).
The Stewart Island Reserves Empowering Act 1976 The Sugar Loaf Islands Marine Protected Area Act 1991 The Trade in Endangered Species Act 1989 The Tutae­Ka­Wetoweto Forest Act 2001 The Waitangi Endowment Act 1932–33 The Waitangi National Trust Board Act 1932 The Waitutu Block Settlement Act 1997 The Wild Animal Control Act 1977 The Wildlife Act 1953 Foreshore and Seabed Endowment Revesting Act 1991: this item was omitted, as from 25 November 2004, by section 103(1) Foreshore and Seabed Act 2004 (2004 No 93).
Harbour Boards Dry Land Endowment Revesting Act 1991: this item was inserted (as from 3 October 1991) by section 14 Harbour Boards Dry Land Endowment Revesting Act 1991 (1991 No 104).

Hauraki Gulf Maritime Park Act 1967: this item was omitted, as from 19 July 1990, by section 38 Conservation Law Reform Act 1990 (1990 No 31).

Historic Places Act 1993: this item was substituted for the Historic Places Act 1980 (as from 1 July 1993) by section 118(2) Historic Places Act 1993 (1993 No 38).
Historic Places Act 1993: this item was repealed, as from 1 October 2000, by section 12 Archives, Culture, and Heritage Reform Act 2000 (2000 No 32).

224 Reprinted as at 1 October 2008 Conservation Act 1987 Schedule 2 Nature Conservation Council Act 1962: this item was omitted, as from 19 July 1990, by section 38 Conservation Law Reform Act 1990 (1990 No 31).

Schedule 1 New Zealand Walkways Act 1990: repealed, on 30 September 2008, by section 82 of the Walking Access Act 2008 (2008 No 101).
New Zealand Walkways Act 1990: this item was substituted, as from 10 April 1990, for the New Zealand Walkways Act 1975 by section 31(1) New Zealand Walkways Act 1990 (1990 No 32).

Ngai Tahu (Tutaepatu Lagoon Vesting) Act 1998: this item was inserted, as from 1 June 1998, by section 15 Ngai Tahu (Tutaepatu Lagoon Vesting) Act 1998 (1998 No 16).

Sand Drift Act 1908: this item was repealed, as from 22 October 2003, by section 4 Con­ servation Amendment Act 2003 (2003 No 65).
Sugar Loaf Islands Marine Protected Area Act 1991: this item was inserted, as from 21 March 1991, by section 12 Sugar Loaf Islands Marine Protected Area Act 1991 (1991 No 8).

Trade in Endangered Species Act 1989: this item was inserted, as from 1 June 1989, by section 55 Trade in Endangered Species Act 1989 (1989 No 18).

Tutae­Ka­Wetoweto Forest Act 2001: this item was inserted, as from 9 October 2001, by section 14 Tutae­Ka­Wetoweto Forest Act 2001 (2001 No 48).
Waitutu Block Settlement Act 1997: this item was inserted, as from 21 December 1997, by section 18 Waitutu Block Settlement Act 1997 (1997 No 84).

Schedule 2 Enactments amended Section 65(1) Enactment 1897, No 28­The Kapiti Island Public Reserve Act 1897 1908, No 169­The Sand Drift Act 1908 1920, No 57­The Rotorua Town Lands Act 1920 Amendment By omitting from section 2 the words “a Minister of the Crown” and substituting the words “the Minister of Conservation”.
By omitting from section 4 the word “Lands”, and substituting the word “Conservation”.

By omitting from the deﬁnition in section 2 of the term Commissioner the words “Com­ missioner of Crown Lands for the Auckland Land District”, and substituting the words “Dir­ ector­General of Lands”.
225 Schedule 2 Conservation Act 1987 Reprinted as at 1 October 2008 Enactment 1921, No 12­The Hunter Gift for the Settlement of Discharged Soldiers Act 1921 1926, No 64­The Maori Land Amendment and Maori Land Claims Adjustment Act 1926 1928, No 38­The Canterbury Provincial Buildings Vesting Act 1928 1932­33, No 44­The Waitangi Endowment Act 1932­33 226 Amendment By omitting from section 7(2)(a) the words “Commissioner of Crown lands for the time being of the Land District of Hawke’s Bay”, and substituting the words “Director­General of Lands”.
By omitting from section 14(4)(d) the words “Under­Secretary of Internal Affairs”, and sub­ stituting the words “Director­General of Conservation”.

By omitting from section 14(6) the words “Internal Affairs”, and substituting the word “Con­ servation”.

By omitting from sections 3(a), 7(3) (as amended by section 6(3) of the Reserves and Other Lands Disposal Act 1971), and 12(3) the word “Lands”, and substituting, in each case, the word “Conservation”.
By omitting from section 5(4)(b)(v) (as substituted by section 8 of the Reserves and Other Lands Disposal Act 1976) the words “Lands and Survey” and substituting the word “Conser­ vation”.

By repealing the proviso to section 2.
By repealing section 3, and substituting the following section: Power to enter into management agreements “3 “(1) Subject to subsection (2) of this section, for the more effectual carrying out of the said trusts, the Minister may enter into an agreement with the New Zealand Forestry Corpor­ ation Limited, or after consultation with the Waitangi National Trust Board, with any other person or body, for the New Zealand Forestry Corporation Limited, or that person or body, to manage, on behalf of the Crown, afforestation and silvicultural operations upon the said lands, subject to the requirements of the trust described in section 2 of this Act.
It shall not be incumbent upon the Minister of Conservation so to administer the man­ agement of the said lands as would be necessary if the sole purpose of the said trust were the management of the said lands as a source of revenue; but regard shall be had to the obligation imposed by section 2 of this Act by maintaining the said lands as a scenic background for the lands of the Waitangi National Trust.
“(2) Reprinted as at 1 October 2008 Conservation Act 1987 Schedule 2 Enactment Amendment By omitting from section 5 the word “Forests” as substituted by section 3(3) of the Forests Act 1949), and substituting the word “Conservation”.
1937, No 27­The Petroleum Act 1937 1938, No 17­The Maori Housing Amendment Act 1938 1948, No 64­The Land Act 1948 1950, No 334—The Harbours Act 1950 By omitting from sections 4(3) (as added by section 14(2) of the Maori Purposes Act 1961) and 23(5) the words “Land Settlement Board” (in the latter case, as substituted by section 39(9) of the Statutes Amendment Act 1941), and substituting, in each case, the words “Director­General of Lands”.

By repealing section 23(2).


By omitting from section 26, in both places where they appear, the words “Commissioner or any other ofﬁcer”, and substituting, in each case, the words “Director­General of lands or any person”.

By omitting from section 26(2) the words “Commissioner or that ofﬁcer”, and substituting the words “Director­General of Lands or any person so authorised”.

By inserting in section 58(1) after the word Minister, in both places where it appears, the words of Conservation.
By inserting in subsections (1) and (6) of section 167, after the word Minister (in the case of subsection (1), where it ﬁrst appears) the words of Conservation.
By inserting in section 2(1), after the deﬁnition of debentures, the following deﬁnition: “Director­General means the Director­General of Conservation By inserting in section 2(1), after the deﬁnition of the term pilot boat, the following deﬁnition: “Port boundaries means boundaries for the timebeing deﬁned under section 5A of this Act By repealing the deﬁnitions in section 2(1) of the terms Minister and Secretary.
By inserting in section 2, after subsection (1), the following subsection: “(1A) In this Act , unless the context otherwise requires,— “Minister, when not immediately followed by the words ‘of Conservation’ or ‘of Trans­ port’, means— “(a) The Minister of Transport, if it relates to any power, function, duty, or authority, exercised, had or performed, in relation to any area within port boundaries; and “(b) The Minister of Conservation, in every other case; and “Secretary, when not immediately followed by the words ‘for Transport’, means— 227 Schedule 2 Conservation Act 1987 Reprinted as at 1 October 2008 Enactment Amendment “(a) The Secretary for Transport (and includes his deputy), if it relates to any power, function, duty, or authority, exercised, had, or performed, in relation to any area within port boundaries; and “(b) The Director­General, in every other case.
By inserting in sections 3(1), 8A(10A), 8A(13), 15(3), 15(4), 19(3), 27, 29, 30(2), 30(3), 30(6), 33(2), 36(1A), 45(3), 113, 126, 139(1), 147(1), 148(1), 190(3), 197, 211(1), and 241(1), after the expression “Governor­General”, the words “on the recommendation of the Minister of Transport”.
By inserting after section 5, the following section: “5A Port Boundaries “(1) For the purpose of deﬁning the jurisdiction under this Act of the Minister of Conserva­ tion and the Director­General of Conservation and the Minister of Transport and Secre­ tary for Transport, the Governor­General may, by Order in Council made on the recom­ mendation of the Ministers jointly, deﬁne the boundaries of any port, and may similarly amend or revoke any Order in Council made under this section.
“(2) Plans of every port boundary deﬁned under subsection (1) of this section shall be held, and available for public inspection, at the ofﬁces of the Secretary for Transport and the Director­General of Conservation.

By inserting in sections 8A(1), 8A(10A), 8A(13), 165(1), 165(10) and 165(10A), after the expression “Governor­General” the words “on the recommendation of the Minister of Conser­ vation”.
By inserting in sections 5(1), 6(1), 6(4), 7, 51(2), 99(1)(b), 113, 116, 140(3), 142A(2), 143, 143A, 143C, 145, 171(1)(a), 172(2), 172(3), 172(4), 202(2), 203(1), 203(2), 204, 205(1), 206(1), 206(2), 208(1)(f), 214A(1A), 214A(3), 214A(5), 215(5), 215(6), 216(3), 216(5), 218(1), 218(2), 219, 225, 232(50), 232(50A), 234, 240(2), 241(1)(b), 241(1)(j), 241A(1)(b), 241A(1)(bb), and 241A(3), after the word “Minister”, wherever it appears, the words “of Transport”.
By omitting from sections 8A(8) and 164(c) the words “Minister”, and substituting the words “Ministers of Conservation and Transport jointly”.

By omitting from section 8A(12)(iv) (as substituted by section 80(1) of the National Parks Act 1980) the word “Lands” and substituting the word “Conservation”.

By omitting from section 8A(12)(vii) the words “Commissioner of Crown Lands for the Land district in which the public reserve is situated”, and, substituting the words “Director­General of Conservation”.
By repealing section 146A(2) (as substituted by section 4 of the Harbours Amendment Act 1980), and substituting the following subsections: 228 Reprinted as at 1 October 2008 Conservation Act 1987 Schedule 2 Enactment Amendment “(2) No licence, permit, or other authority shall be granted under any enactment other than this Act, the Petroleum Act 1937, or the Iron and Steel Industry Act 1959, for the re­ moval of any material speciﬁed in subsection (1) of this section from any area of a kind described in that subsection without the consent of— “(a) The Minister of Transport, given after consultation with the Minister of Conser­ vation, where the material is to be removed from within port boundaries only: “(b) Subject to subsection (2A) of this section, the Minister of Conservation, with the approval of the Minister of Transport, where the material is to be removed from outside port boundaries only: “(c) The Ministers of Conservation and Transport jointly, in every other case.
“(2A) The Minister of Transport shall give, either unconditionally or subject to any condi­ tions the Minister thinks ﬁt, approval under subsection (2)(b) of this section if satisﬁed that the proposal concerned will not unduly interfere with or restrict any public right of navigation; but shall otherwise withhold approval.
“(2B) Any consent under subsection (2) of this section may be granted subject to any condition the Minister or Ministers concerned think necessary for the protection of any land from erosion or other damage, or for the preservation of aquatic life.
By repealing section 162(1) (as substituted by section 32(1) of the Harbours Amendment Act 1977), and substituting the following subsections: “(1) Any land to which this section applies may be licensed to be used or occupied for a term not exceeding 14 years for any of the purposes mentioned in section 156 of this Act, or for the erection and use of any kind of structure, or for the use of any structure erected, undertaken, or constructed on, in, over, through, or across it— “(a) By the Minister of Transport, after consultation with the Minister of Conservation, where the land is entirely within port boundaries: “(b) Subject to subsection (1A) of this section, by the Minister of Conservation, with the approval of the Minister of Transport, where the land is entirely outside port boundaries: “(c) By the Ministers of Conservation and Transport jointly, in every other case.
“(1A) The Minister of Transport shall give, either unconditionally or subject to any condi­ tions the Minister thinks ﬁt, approval under subsection (1)(b) of this section if satisﬁed that the proposal concerned will not unduly interfere with or restrict any public right of navigation; but shall otherwise withhold approval.
By inserting in section 165, after subsection (3), the following subsection: “(3A) In circumstances where the word Minister in paragraph (a) or paragraph (b) of subsec­ tion (3) of this section means the Minister of Conservation, the Minister of Conservation 229 Schedule 2 Conservation Act 1987 Reprinted as at 1 October 2008 Enactment Amendment shall not take any action under that paragraph in relation to the convenience of shipping without the approval of the Minister of Transport.
By omitting from section 165(10)(b) (as substituted by section 33A of the Harbours Amend­ ment Act 1977) the words “Commissioner of Crown Lands for the land district in which the public reserve is situated”, and substituting the words “Director­General of Conservation”.
By inserting in section 175 (as substituted by section 13(1) of the Harbours Amendment Act 1968), after subsection (2), the following subsection: “(2A) No Order in Council shall be made under subsection (2) of this section except on the recommendation of the Minister of Transport; and no such recommendation shall be made unless the Minister of Transport is satisﬁed that the reclamation concerned will not unduly interfere with or restrict any public right of navigation.
By repealing paragraphs (a) and (b) of the said section 175(3), and substituting the following paragraphs: “(a) The Order in Council is made on the recommendation of the Minister of Transport, after consultation with the Minister of Conservation, when the proposed reclamation is entirely within port boundaries: “(b) The Order in Council is made on the recommendation of the Ministers of Conservation and Transport jointly in every other case;—.
By inserting in the said section 175, after subsection (3), the following subsection: “(3A) The Minister of Transport shall not make a recommendation under subsection (3) of this section unless satisﬁed that the reclamation concerned will not unduly interfere with or restrict any public right of navigation; and the Minister of Conservation shall not make such a recommendation unless satisﬁed that the reclamation concerned will not interfere with or adversely affect the interest of the public.
By omitting from section 175B(3) (as substituted by section 38(1) of the Harbours Amendment Act 1977) the words “duplicate at the Regional Ofﬁce of the Ministry of Transport nearest to the area proposed to be reclaimed;”, and substituting the words “duplicates at the Regional Ofﬁces of the Department of Conservation and Ministry of Transport respectively nearest the area proposed to be reclaimed; and each”.
By omitting from sections 178(a) and 180 the words “Ministry of Transport” (as substituted by section 6(1) of the ministry of Transport Amendment Act 1972), and substituting the word “Secretary”.
By adding to section 178, as subsection (2), the following subsection: “(2) The Minister of Conservation shall not give an approval under paragraph (b) of subsec­ tion (1) of this section except with the approval of the Minister of Transport; the Minister of Transport shall not give an approval under that paragraph or this subsection unless satisﬁed that the proposed work concerned will not unduly interfere with or restrict any public right of navigation; and the Minister of Conservation shall not give an approval 230 Reprinted as at 1 October 2008 Conservation Act 1987 Schedule 2 Enactment Amendment under that paragraph unless satisﬁed that the work will not unduly interfere with or ad­ versely affect the interest of the public.
By inserting in section 208(1)(e), after the word “Minister” where it ﬁrst appears, the words “of Transport, after consultation with the Minister of Conservation”; and after the word “Minister” where it secondly appears, the words “of Transport”.

By inserting in section 232(17), after the word Transport(as substituted by section 6(1) of the Ministry of Transport Amendment Act 1972), the words “,of the Department of Conserva­ tion,”.
By omitting from section 232A(1)(cb) (as inserted by section 65 of the Harbours Amendment Act 1977) the words “a Commissioner of Crown Lands”, and substituting the words “the Dir­ ector­General of Conservation”.

By inserting in sections 238(1), 241A(1), and 241B(1), after the expression “Governor­Gen­ eral”, the words “on the general recommendation of the Minister of Conservation, made after consultation with the Minister of Transport”.
By inserting in section 241B(1)(a)(iii) (as inserted by section 71 of the Harbours Amendment Act 1977), after the word “Minister”, the words “of Conservation or the Director­General of Conservation, after consultation with the Minister of Transport”.

By inserting in section 241C(2) (as inserted by section 71 of the Harbours Amendment Act 1977), after the word “Minister” the words “of Transport after consultation with the Minister of Conservation,”.
By inserting in sections 244A(1), 244A(2), and 244A(3) (as inserted by section 2 of the Har­ bours Amendment Act 1975), after the word “Minister”, wherever it appears, the words “of Conservation”.

By inserting in section 257, after the word “Fisheries” (as substituted by section 3(6)(b) of the Ministry of Agriculture and Fisheries Amendment Act 1972), the words “, ofﬁcers of the Department of Conservation”.
1952, No 34—The Land Settlement Promotion and Land Acquisition Act 1952 231 Schedule 2 Conservation Act 1987 Reprinted as at 1 October 2008 Enactment 1952, No 52­The Land Transfer Act 1952 1953, No 7­The Ministry of Agriculture and Fisheries Act 1953 1953, No 31­The Wildlife Act 1953 232 Amendment By omitting from sections 50(a), 53(2), and 53(4) the words “Commissioner of Crown Lands”, from section 53(1) the words “Commissioner of Crown Lands for the District of Canterbury”, and from sections 90A(2), 90A(3), and 90E(1) the words “Commissioner of Crown Lands for the land district in which the land is situated”, and substituting, in each case, the words “Director­General of Lands”.
By omitting from section 129(2) the words “Commissioner of Crown Lands of the Land district where the reserve is situate”, and substituting the words “Director­General of Conservation”.

By omitting from section 3(2) (as substituted by section 3(1) of the Ministry of Agriculture and Fisheries Amendment Act 1972) the word “Acts”, and substituting the word “enactments”.
By omitting from the Schedule (as substituted by section 4(1) of the Ministry of Agriculture and Fisheries Amendment Act 1972) the item “The Fisheries Act 1908”, and substituting the item “The Fisheries Act 1983 (with the exception of Part V)”.

By omitting from the Schedule the items “The Marine Mammals Protection Act 1978” and “The Marine Reserves Act 1971”.
By inserting in section 2(1), after the deﬁnition of the term Department, the following deﬁn­ ition: “Director­General means the Director­General of Conservation By repealing the deﬁnition in section 2(1) of the term Secretary.

By omitting, wherever it appears, the word “Secretary” and substituting in each case the ex­ pression “Director­General”.

By omitting, wherever they appear, the words “Internal Affairs”, and substituting, in each case, the word “Conservation”.
By repealing paragraph (b) of section 9(1), and substituting the following paragraph: “(b) A conservation area within the meaning of the Conservation Act 1987 and any foreshore adjacent to any such area and required for a wildlife sanctuary shall be reserved as such pursuant to section 18 of that Act, and thereupon shall be subject to the provisions of this Act relating to sanctuaries, but otherwise shall be subject to that Act: By repealing section 9(1)(d).
By omitting from section 14(1) the words “Land Act 1948”, and substituting the words “Con­ servation Act 1987”.

By omitting from section 14(1) the words “the Forests Act 1949”.

Reprinted as at 1 October 2008 Conservation Act 1987 Schedule 2 Enactment Amendment By repealing section 14(1)(c).
By repealing paragraph (e) of section 14(1), and substituting the following paragraph: “(e) A conservation area within the meaning of the Conservation Act 1987 and any fore­ shore adjacent to any such area, required for a wildlife refuge shall be reserved as such pursuant to section 18 of that Act, and thereupon shall be subject to any or all of the provisions of this Act relating to wildlife refuges, but otherwise shall be subject to the Reserves Act 1977: By omitting from section 14A(1) the words “Land Act 1948”, and substituting the words “Con­ servation Act 1987”.
By omitting from section 14A(1) the words “Forests Act 1949”.
By repealing paragraph (e) of section 14A(1), and substituting the following paragraph: “(e) A conservation area within the meaning of the Conservation Act 1987, and any fore­ shore adjacent to any such area, required for a wildlife management reserve shall be reserved as such pursuant to section 18 of that Act, and thereupon shall be subject to the provisions of this Act relating to wildlife management reserves, but otherwise shall be subject to that Act: By omitting from section 14B(7) the words “Crown Land”, and substituting the words “land of the Crown”.
By omitting from section 21(2)(a) the words “appropriate Commissioner of Crown Lands”, and substituting the expression “Director­General”.

By omitting from Schedule 9 the items “The Land Act 1948” and “The Forests Act 1949”.

By omitting from section 87(3) the word “Lands”, and substituting the word “Conservation”.

By omitting from section 18(7) the word “Lands”, and substituting the word “Conservation”.
By omitting from section 18(8)(d) the words “Commissioner for Crown Lands for the Land District of Wellington”, and substituting the words “Director­General of Conservation”.

By repealing section 11.
233 1955, No 38­The Maori Reserved Land Act 1955 1956, No 53­The Reserves and Other Lands Disposal Act 1956 1960, No 120­The Maori Purposes Act 1960 Schedule 2 Conservation Act 1987 Reprinted as at 1 October 2008 Enactment 1962, No 24­The Nature Conservation Council Act 1962 1962, No 48­The Mining Tenures Registration Act 1962 1963, No 23­The Manapouri­Te Anau Development Act 1963 1967, No 131­The Hauraki Gulf Maritime Park Act 1967 Amendment By omitting from the deﬁnition Minister the word “Lands”, and substituting the word “Con­ servation”.
By omitting from section 10 the words “Lands appointed under the Land Act 1948”, and sub­ stituting the word “Conservation”.

By omitting from the deﬁnitions in section 2(1) of the terms Commissioner and Commis­ sioner of Crown Lands, the words “Commissioner of Crown Lands for the land district within which any land to be dealt with or affected is situated”, and substituting the words, “Dir­ ector­General of Lands”.
By omitting the words “Land Settlement Board”, wherever they appear, and substituting, in each case, the words “Director­General of Lands”.

By omitting the words “and Survey”, wherever they appear.

By omitting from section 4A (as inserted by section 2(1) of the Manapouri­Te Anau, Devel­ opment Amendment Act 1981) the words “for the Environment”, and substituting the words “of Conservation”.
By omitting from section 5 the word “Lands” and the words “Internal Affairs” and substituting, in each case, the word “Conservation”.

By omitting from section 4(2)(a) the word “Lands”, and substituting the word “Conservation”.
By repealing paragraph (a) of section 5(1), and substituting the following paragraph: “(a) The Director­General of Conservation or a nominee: By omitting from subsections (1) and (3) of section 6 the words “Commissioner of Crown Lands”, and substituting, in each case, the words “Director­ General of Conservation or a nominee”.

By repealing subsections (6) and (7) of section 7.

By omitting from section 10(2) the words “by the Land Settlement Board”.
By omitting from section 10(3) the word “Lands” and substituting the word “Conservation”.

234 Reprinted as at 1 October 2008 Conservation Act 1987 Schedule 2 Enactment 1967, No 135­The Water and Soil Conservation Act 1967 Amendment By omitting from section 5(1)(c)(viii) the words “Internal Affairs”, and substituting the word “Conservation”.

By omitting from section 5(1)(ix) the words “Internal Affairs”, and substituting the words “Recreation and Sport, the Minister of Conservation”.
By omitting from section 5(1)(x) the word “Fisheries”, and substituting the word “Conserva­ tion”.
By repealing the ﬁrst proviso to section 21(3), and substituting the following proviso: “Provided that, where the damming, diversion, taking, or discharge is to be on any conservation area within the meaning of the Conservation Act 1987 or within the boundaries of a National Park or a public reserve, or will affect the quantity or quality of the water in any river or stream where it is within or adjoining any conservation area or National Park or public reserve, the Board shall, before making any such grant, consult the Minister of Conservation or in the case of a public reserve, the administering body: By omitting from subsections (1) and (2) of section 22 the word “Lands”, and substituting in each case, the word “Conservation”.
By omitting from the ﬁrst proviso to section 24H(3) the word “Lands”, and substituting the word “Conservation”.

By omitting from the second proviso to section 24H(3) the words “Internal Affairs”, and sub­ stituting the word “Conservation”.

By omitting from section 24H(4) the words “Lands or the Minister of Internal Affairs” and “Lands or the Minister of Internal Affairs, as the case may be,”, and substituting, in each case, the word “Conservation”.
1967, No 147­The Agricultural Pests Destruction Act 1967 By omitting from section 4(2)(c) the word “Lands”, and substituting the word “Conservation”.
By repealing section 31(1A) (as inserted by section 5(1) of the Agricultural Pests Destruction Amendment Act 1974), and substituting the following subsection: “(1A) If, in the Minister’s opinion, the district of any Board includes large areas of land that is a conservation area (within the meaning of the Conservation Act 1987), an additional member of the Board, to represent the Department of Conservation, may be appointed by the Minister, on the recommendation of the Council given after consultation with the Board concerned.
235 Schedule 2 Conservation Act 1987 Reprinted as at 1 October 2008 Enactment 1971, No 15­The Marine Reserves Act 1971 1971, No 29­The Marine Farming Act 1971 236 Amendment By omitting from section 2 the deﬁnitions of the terms Department and Director­General (as inserted by section 6(1) of the Ministry of Agriculture and Fisheries Amendment Act 1972), and substituting the following deﬁnitions: “Department means the Department of Conservation “Director­General means the Director­General of Conservation By omitting from section 2 the deﬁnition of the term Minister (as amended by section 6(1) of the Ministry of Agriculture and Fisheries Amendment Act 1971), and substituting the follow­ ing deﬁnition: “Minister means the Minister of Conservation By omitting from section 5(1)(a) the words “or the Director­General of Lands”.
By omitting from section 5(1)(d)(i) the words “or any land reserved from sale or other dis­ position pursuant to section 58 of the Land Act 1948 or the corresponding provisions of any former Act”, and substituting the words “or any marginal strip within the meaning of the Con­ servation Act 1987”.
By adding to section 5(1)(d) the following subparagraph: “(v) The Director­General of Agriculture and Fisheries: By omitting from section 5(9) the words “Minister of Transport concurs” (as substituted by section 6(1) of the Ministry of Agriculture and Fisheries Amendment Act 1972), and substi­ tuting the words “Ministers of Transport and Fisheries concur”.

By adding to section 7(2) the following paragraph: “(c) One member, being an ofﬁcer of the Ministry of Agriculture and Fisheries.
By omitting from paragraph (a) of section 3(5) (as added by section 6(1) of the Ministry of Agriculture and Fisheries Amendment Act 1972) the word “Transport”, and substituting the word “Conservation”.

By adding to paragraph (b) of the said section 3(5) the words “and the Minister of Conserva­ tion”.

By adding to section 5(2)(a) the words “and the Director­General of Conservation”.

By adding to section 6(3) the following paragraph: “(g) The Director­General of Conservation.
By inserting in section 13(5), before paragraph (d), the following paragraph: “(cb) The Director­General of Conservation: By omitting from paragraph (a) of section 13(9) (as added by section 6(1) of the Ministry of Agriculture and Fisheries Amendment Act 1972) the word “Transport”, and substituting the word “Conservation”.

Reprinted as at 1 October 2008 Conservation Act 1987 Schedule 2 Enactment Amendment By adding to paragraph (b) of the said section 13(9) the words “and the Minister of Conserva­ tion”.
By repealing paragraph (c) of section 22(2), and substituting the following paragraph: “(c) The Director­General of Conservation: By omitting from paragraph (a) of section 28(3) (as substituted by section 6(1) of the Ministry of Agriculture and Fisheries Amendment Act 1972) the word “Transport”, and substituting the word “Conservation”.

By adding to paragraph (b) of the said section 28(3) the words “and the Minister of Conserva­ tion”.
By omitting from section 28(5) the word “Transport” (as substituted by section 6(1) of the Ministry of Agriculture and Fisheries Amendment Act 1972) where it ﬁrst appears, and sub­ stituting the word “Conservation”.

By inserting in section 28(5), after the word “Transport” (as so substituted) where it secondly appears the words “and the Minister of Conservation”.
By inserting in section 29(3), before paragraph (b), the following paragraph: “(ab) The Director­General of Conservation: By inserting in section 47(1), after the word “ﬁsheries” (as substituted by section 6(1) of the Ministry of Agriculture and Fisheries Amendment Act 1972), the words “the Minister of Con­ servation,”.

By omitting from the preamble to section 6 the word “Lands”, and substituting the word “Con­ servation”.
By omitting from the deﬁnition in section 2 of the term Minister the word “Lands”, and substituting the word “Conservation”.

By repealing so much of Schedule 2 as relates to any of sections 2, 4, 12, 17, and 22 of the Marine Reserves Act 1971 or to the omission from section 5 of that Act of the words “Secretary for Marine”, and the substitution of 1972 the word “Director­General”.
237 1971, No 141­The Reserves and Other Lands Disposal Act 1971 1971, No 14­Local ­The Queenstown Reserves Vesting and Empowering Act 1971 1972, No 3­The Ministry of Agriculture and Fisheries Amendment Act 1972 Schedule 2 Conservation Act 1987 Reprinted as at 1 October 2008 Enactment 1972, No 4­The Ministry of Transport Amendment Act 1972 1973, No 107­The Lake Wanaka Preservation Act 1973 1974, No 62­The Agricultural Pests Destruction Amendment Act 1974 1974, No 66­The Local Government Act 1974 By repealing so much of Schedule 1 as relates to the deﬁnitions in section 2(1) of the Harbours Act 1950 of the terms Minister and Secretary.
Amendment By omitting from sections 5, 8, and 11 the words “for the Environment” in each place where they occur, and substituting in each case, the words “of Conservation”.

By omitting from section 9(2) the words “Minister of Lands”, and “Director­General of Lands”, and substituting, respectively, the words “Minister of Conservation” and “Dir­ ector­General of Conservation”.

By repealing section 5(1).


By omitting from sections 289(1) and 290 the word “Lands” wherever it occurs, and substitut­ ing, in each case, the word “Conservation”.
By repealing paragraph (b) of section 306(7), and substituting the following paragraph: “(b) The land shall thereupon be deemed to be subject to the Land Transfer Act 1952 and a certiﬁcate of title for the land may be issued by the District Land Registrar in the name of Her Majesty the Queen on the request of— “(i) The Director­General of Conservation, if the land is a conservation area within the meaning of the Conservation Act 1987; or “(ii) The Director­General of Lands, in every other case,—as if section 16 of the Land Transfer Act 1952 applied.
By omitting from the proviso to section 345(3) the word “Lands”, and substituting the word “Conservation”.

238 Reprinted as at 1 October 2008 Conservation Act 1987 Schedule 2 Enactment 1975, No 31­The New Zealand Walkways Act 1975 Amendment By repealing the deﬁnitions in section 2 of the terms Commissioner of Crown Lands, Con­ servancy, and Conservator of Forests.

By omitting from the deﬁnition of the term Minister in section 2 the word “Lands”, and sub­ stituting the word “Conservation”.
By inserting in section 2, after the deﬁnition of the term controlling authority, the following deﬁnition: “Director­General means the Director­General of Conservation By repealing section 4(2)(b).

By omitting from section 7(1) the words “of Lands” in both places where they occur.

By repealing section 7(2).

By repealing paragraph (d) of section 13(1), and substituting the following paragraph: “(d) Any ofﬁcer of those bodies or any ofﬁcer of the Department of Conservation.
By repealing paragraphs (a) and (b) of section 14(2) and substituting the following paragraph: “(a) The Director­General, or a nominee, who shall be the Chairman: By omitting from section 17(1) the words “Commissioner of Crown Lands”, in both places where they appear, and substituting, in each case, the words “Director­General or a nominee”.

By repealing section 17(2).


By omitting from section 22(1) the words “Commissioner of Crown Lands for the land district in which the land is situated”, and substituting the word “Director­General”.

By omitting from subsections (2) and (3) of section 22 the words “Commissioner of Crown Lands”, and substituting, in each case, the word “Director­ General”.

By omitting from sections 22(4), 30, 31(1), 34(2) and 34(3) the words “to the services of Vote Lands and Survey”.
By repealing paragraph (b) of section 43(1), and substituting the following paragraph: “(b) The Director­General: By omitting from sections 43(4) and 48 the words “Lands and Survey”, and substituting, in each case, the word “Conservation”.

By omitting from section 47(4) the words “Commissioner of Crown Lands”, and substituting the word “Director­General”.

By omitting from section 48 the words “of Lands”.


1975, No 42­The Fire Service Act 1975 By omitting from sections 46B(4) and 46C(3) (as inserted by section 4 of the Fire Service Amendment Act 1986) the word “Forests”, and substituting, in each case, the word “Conservation”.
239 Schedule 2 Conservation Act 1987 Reprinted as at 1 October 2008 Enactment 1977, No 52­The Forest and Rural Fires Act 1977 Amendment By repealing the deﬁnition in section 2(1) of the term Conservator of Forests, and substituting the following deﬁnition.
“Conservation area has the same meaning as in the Conservation Act 1987 By omitting from paragraph (a) of the deﬁnition in section 2(1) of the term Fire Authority, and from section 38(6) the word “Forests”, and substituting, in each case, the word “Conservation”.
By inserting in paragraphs (c) and (d) of the said deﬁnition of the term Fire Authority, and in the deﬁnition in section 2(1) of the term ﬁre safety margin, and in sections 7(1), 11, 13(3), 14(5)(a), 14(5)(b), 21(3), 27(4), and 40(2), after the word “Minister”, wherever it appears, the words “of Conservation”.

By omitting from paragraph (b) of the deﬁnition in section 2(1) of the term open air, the words “relevant Commissioner of Crown Lands”, and substituting the words “Director­General of Conservation”.
By repealing paragraph (a) of the deﬁnition in section 2(1) of the term State area and substi­ tuting the following paragraph “(a) Any conservation area; and By repealing paragraph (h) of the said deﬁnition of the term State area, and substituting the following paragraph: “(h) Any conservation area for the time being expressly excluded from any state area by notice published in the Gazette by the Director­General of or By inserting in sections 11 and 15, after the expression “Director­General”, the words “of Conservation”.
By omitting from section 13(3) the words “Forest Ofﬁcer under the Forests Act 1949”, and substituting the words “warranted ofﬁcer appointed under section 59(1) of the Conservation Act 1987”.

By omitting from paragraphs (a)(ii) and (b)(ii) of section 23(1) the words “or an authority or permit under the Forests Act 1949”.

By omitting from section 27(4) the words “State forests”, and substituting the words “conser­ vation areas”.
240 Reprinted as at 1 October 2008 Conservation Act 1987 Schedule 2 Enactment 1977, No 66­The Reserves Act 1977 Amendment By omitting from the deﬁnition in section 2(1) of the term Administering body the word “Lands”, and substituting the word “Conservation”.
By repealing the deﬁnition of the term Commissioner in section 2(1), and substituting the following deﬁnition: “Commissioner, in relation to any reserve, means any ofﬁcer designated by the Director­Gen­ eral for the purposes of this Act By omitting from the deﬁnition of the term Department in section 2(1) the words “Lands and Survey”, and substituting the word “Conservation”.
By repealing the deﬁnition of the term Director­ General in section 2(1), and substituting the following deﬁnition: “Director­General means the Director­General of Conservation By omitting from the deﬁnition of the term Minister in section 2(1) the word “Lands”, and substituting the word “Conservation”.

By omitting from section 3 the words “Lands and Survey”, and substituting the word “Con­ servation”.
By omitting from sections 22(3), 62(3), 62(4), 72(3), 78(2), 78(3), 101(1)(c), 105(b), 122(1)(a), and 124(1)(a) the word “Lands”, and substituting, in each case, the word “Conservation”.
By repealing the proviso to section 77(1), and substituting the following proviso: “Provided that in the case of a Crown lease the consent of the Minister or the Minister of Lands, as the case may be, shall be required, and that Minister may give consent subject to the inclusion of any condition in the covenant or conditions, and may agree to a reduction in rent if, having regard to the basis for ﬁxing the rent, it appears fair and equitable to do so.
By omitting from section 95(2)(a) the words “delivered to the Secretary for Internal Affairs and”.

By omitting from section 95(2)(b) and section 95(3)(b) the words “of Lands”.

By omitting from section 95(4)(a) the words “Secretary for Internal Affairs”, and substituting the expression “Director­General”.

1977, No 102­The Queen Elizabeth the Second National Trust Act 1977 By omitting from the deﬁnition in section 2 of the term Minister the word “Lands”, and sub­ stituting the word “Conservation”.
241 Schedule 2 Conservation Act 1987 Reprinted as at 1 October 2008 Amendment By repealing the deﬁnitions in section 2 of the terms Conservancy, Conservator, Director­ General, Forest Ofﬁcer, Forest Service, and Minister.
By inserting in section 2, in their appropriate alphabetical order, the following deﬁnitions: “Department means the Department of Conservation “Director­general means the Director­General of Conservation “Warranted ofﬁcer has the same meaning as in the Conservation Act 1987 By omitting the expressions “Director­General of Forests”, “Forest Ofﬁcer”, “Forest Service”, and “Minister of Forests”, wherever they appear, and substituting, respectively, the expressions “Director­ General”, “warranted ofﬁcer”, “Department”, and “Minister”.
By adding to section 2, as subsection (2), the following subsection: “(2) Every reference in any regulations made under this Act to the Director­General of Forests, a Forest Ofﬁcer, the Forest Service, the Minister of Forests, or State forest land, shall be read, respectively, as a reference to the Director­General, a warranted ofﬁcer, the Department, the Minister of Conservation, or a conservation area within the meaning of the Conservation Act 1987.

By repealing section 10(2).


By repealing the proviso to section 21(7).

By inserting in sections 96(1), 96(2), 96(3), 98(1), 98(3), 103(1), and 109(6), after the word “Minister” where it ﬁrst appears, the words “, the Minister of Conservation”.

By inserting in the deﬁnition of the term Crown land in section 4(1), after the expression “1977”, the words “, all land that is a conservation area within the meaning of the Conservation Act 1987”.
By omitting from section 5(2)(f) and section 5(4) the word “Lands”, and substituting, in each case the word “Conservation”.

By omitting from section 22(2)(b) the words “The Commissioner of Crown Lands (or his nominee) for each land district or part thereof”, and substituting the words “An ofﬁcer of the Department of Conservation, nominated by the Director­General of Conservation,”.

By omitting from section 25(1)(g) the words “Lands and Survey”, and substituting the word “Conservation”.
By omitting from section 61(3)(e) the words “Lands and Survey”, and substituting the word “Conservation”.
Enactment 1977, No 111­The Wild Animal Control Act 1977 1977, No 121­The Town and Country Planning Act 1977 1978, No 15­The Noxious Plants Act 1978 242 Reprinted as at 1 October 2008 Conservation Act 1987 Schedule 2 Enactment 1978, No 38­The Mount Egmont Vesting Act 1978 1978, No 50­The Fencing Act 1978 1978, No 80­The Marine Mammals Protection Act 1978 By omitting from the deﬁnition in section 2 of the term Minister the word “Lands” and substituting the word “Conservation”.
Amendment By repealing paragraph (d) of section 3(1), and substituting the following paragraph: “(d) Land that is a marginal strip within the meaning of the Conservation Act 1987.

By repealing the deﬁnitions of the terms Director­ General, Inspector of Sea Fishing, and Registrar in section 2(1).
By inserting in section 2(1), in their appropriate alphabetical order, the following deﬁnitions: “Director­General means the Director­General of Conservation “Warranted ofﬁcer has the same meaning as in the Conservation Act 1987.

By omitting from the deﬁnition in section 2(1) of the term Minister the word “Fisheries”, and substituting the word “Conservation”.

By repealing section 4(4).


By omitting from sections 4(5)(a), 16(1)(a), 16(1)(b), 16(2), and 18(1)(a) the words “a Regis­ trar or Inspector of Sea Fishing”, and substituting the words “the Director­General or an ofﬁ­ cer”.

By omitting from sections 4(5)(b), 18(1)(c), and 18(2) the words “Inspector of Sea Fishing”, and substituting, in each case, the word “ofﬁcer”.
By omitting from sections 4(5)(b), 23(1)(b), 23(1)(c), 29(2), in each place where they appear, the words “Ministry of Agriculture and Fisheries”, and substituting, in each case, the words “Department of Conservation”.

By omitting from section 11(1) the words “Every Inspector of Sea Fishing”, and substituting the words “Every warranted ofﬁcer, and every Fisheries Ofﬁcer appointed under section 76 of the Fisheries Act 1983”.
By omitting from section 11(7) the words “Inspector of Sea Fishing has in relation to super­ vising, administering, and enforcing the provisions of Part I and Part III of the Fisheries Act 1908”, and substituting the words “warranted ofﬁcer has in relation to supervising, adminis­ tering, and enforcing the provisions of the Conservation Act 1987”.

By omitting from section 11(8) the words “ﬁshery ofﬁcer pursuant to the Fisheries Act 1908”, and substituting the words “warranted ofﬁcer”.
By omitting from section 11(10) the words “or section 4 of the Fisheries Act 1908”, and sub­ stituting the words “or section 59 of the Conservation Act 1987 or section 76 of the Fisheries Act 1983”.

243 Schedule 2 Conservation Act 1987 Reprinted as at 1 October 2008 Enactment Amendment By omitting from section 13(1) the words “Fisheries Act 1908”, and substituting the words “Conservation Act 1987”.

By omitting from section 21(6) the word “Ministry”, and substituting the word “Department”.
By repealing so much of the Schedule as relates to the Ministry of Agriculture and Fisheries Act 1953.
1979, No 21­The Coal Mines Act 1979 1979, No 41­The Litter Act 1979 1980, No 16­The Historic Places Act 1980 244 By repealing paragraph (g) of the deﬁnition in section 2(1) of the term public place, and sub­ stituting the following paragraph: “(g) Any conservation area within the meaning of the Conservation Act 1987: By repealing section 6(1)(c), and substituting the following paragraph: “(c) Every warranted ofﬁcer within the meaning of the Conservation Act 1987: By repealing section 6(1)(j).
By omitting from the deﬁnition in section 2 of the term Minister the words “Internal Affairs”, and substituting the word “Conservation”.

By repealing paragraph (j) of section 7(1), and substituting the following paragraph: “(j) The Director­General of Conservation: By omitting from section 11(3) the words “Lands” and “Lands and Survey”, and substituting, in each case, the word “Conservation”.
By omitting from section 15(b) the words “Commissioner of Crown Lands”, and substituting the words “Director­General of Conservation”.

By repealing the proviso to section 52(1), and substituting the following proviso: “Provided that in the case of a lease or licence issued under the Conservation Act 1987, the consent of the Director­General of Conservation shall be required; and consent may be subject to inclusion in the heritage covenant of any conditions the Director­General thinks necessary.
By omitting from section 55(1) the words “Department of Internal Affairs” and “Secretary for Internal Affairs”, and substituting, respectively, the words “Department of Conservation” and “Director­General of Conservation”.
Reprinted as at 1 October 2008 Conservation Act 1987 Schedule 2 Enactment 1980, No 66­The National Parks Act 1980 1981, No 35–The Public Works Act 1981 Amendment By inserting in section 2(1), after the deﬁnition of the term Chief Surveyor, the following deﬁnition: “Conservation area has the same meaning as in the Conservation Act 1987 By repealing the deﬁnition in section 2 of the term Commissioner.
By omitting from the deﬁnition in section 2 of the term Director­General the words “of Lands appointed under the Land Act 1948”; and includes his deputy, and substituting the words “of Conservation”.

By omitting the word “Commissioner” wherever it appears, and substituting, in each case, the expression “Director­General”.

By omitting from the deﬁnition in section 2 of the word Department the words “Lands and Survey” and substituting the word “Conservation”.
By omitting from the deﬁnition in section 2 of the word Minister the word “Lands”, and sub­ stituting the word “Conservation”.

By repealing subparagraphs (i) and (ii) of section 7(1)(a), and substituting the following sub­ paragraph: “(i) Any conservation area; or By repealing section 7(3).

By omitting from subsections 3(c) and (8) of section 44 the words “and at the ofﬁce of every Commissioner of Crown Lands”, and substituting, in each case, the words “and at such other places as the Authority decides”.
By omitting from sections 47(2)(c) and 48(4) the words “at the ofﬁce of the Commissioner and”, and substituting, in each case, the words “at places decided by the Board, and”.

By omitting from section 61(3)(a) the words “delivered to the Secretary of Internal Affairs and”.

By omitting from section 52(2) the word “Lands”, and substituting the word “Conservation”.

By inserting in section 52(3)(b), after the word “Transport”, the words “or the Minister of Conservation, as may be appropriate”.
By omitting from section 52(3)(c) the words “Internal Affairs”, and substituting the word “Conservation”.

By omitting from sections 107A(6) (as substituted by section 5 of the Public Works Amend­ ment Act 1983) and 117(8) the words “Land Settlement Board”, and substituting the words “Director­General of Lands”.

By omitting from section 118 the word “Lands”, and substituting the word “Conservation”.
245 Schedule 2 Conservation Act 1987 Reprinted as at 1 October 2008 Enactment Amendment By omitting from section 120(5) the words “Commissioner of Crown Lands for the land district in which the land is situated”, and substituting, in each case, the words “Director­General of Lands”.

By omitting from section 191(7)(b) the words “Minister of Lands or the”.
By repealing paragraph (c) of section 191(7), and substituting the following paragraph: “(c) The Director­General of Conservation: 1983, No 14­The Fisheries Act 1983 By omitting from the deﬁnition of Acclimatisation Society in section 2 the words “Internal Affairs”, and substituting the word “Conservation”.

By inserting in section 12(1) after the words “Board or”, the words “the Minister of Conser­ vation and any”.
By inserting in section 30(1), after the word “Board” the words “or, as the case requires, the Minister of Conservation”.

By omitting from section 77(6) the words “prior authorisation has been given by the Director­ General and where the expenses have subsequently been approved by the Director­General”, and substituting the words “the Director­General or the Director­General of Conservation has given prior authorisation and has subsequently approved the expenses”.
By inserting in section 78(3), after the word “Ministry”, the words “or the Department of Con­ servation”.

By inserting in sections 85(1) and 85(2), after the word “society”, the words “, and after con­ sulting the Director­General of Conservation”.

By omitting from section 90(1)(g) the words “Internal Affairs”, and substituting the word “Conservation”.

By inserting in section 90(3), after the expression “Director­General”, the words “of Conser­ vation”.
By inserting in section 90(4), after the word “Minister” and the expression “Director­General” (in both places where it appears), the words “of Conservation”.

Petroleum Act 1937: omitted by section 62(1) Health and Safety in Employment Act 1992 (1992 No 96).

Land Settlement Promotion and Land Acquisition Act 1952: omitted, as from 1 January 1996, by section 15(2) Overseas Investment Amendment Act 1995 (1995 No 50).

See regulation 2 Overseas Investment Amendment Act Commencement Order 1995 (SR 1995/293).
Maori Affairs Act 1953: omitted (as from 1 July 1993) by section 362(2) Te Ture Whenua Maori/Maori Land Act 1993 (1993 No 4).

246 Reprinted as at 1 October 2008 Conservation Act 1987 Schedule 2 Ministry of Agriculture and Fisheries Act 1953: This item was omitted, as from 3 July 1990, by section 2(4)(m) Ministry of Agriculture and Fisheries Amendment Act 1990 (1990 No 53).
Reserves and Other Lands Disposal Act 1954: omitted (as from 19 July 1990) by section 41(g) Reserves and Other Lands Disposal Amendment Act 1990 (1990 No 31).

Mining Act 1971: omitted, as from 1 April 1993, by section 62(1) Health and Safety in Employment Act 1992 (1992 No 96).

Marine Mammals Protection Act 1978: omitted (as from 1 April 1987) by section 11(1) State­Owned Enterprises Amendment Act 1987 (1987 No 117).
Coal Mines Act 1979: omitted by section 62(1) Health and Safety in Employment Act 1992 (1992 No 96).

Hauraki Gulf Maritime Park Act 1967: amended (as from 1 April 1987) by section 11(1) State­Owned Enterprises Amendment Act 1987 (1987 No 117) by substituting the expression “10(3)” for the expression “19(3)”.

Harbours Act 1950: amended, as from 1 May 1988, by section 49 Harbours Amendment Act (No 2) 1988 (1988 No 92) by omitting the references to sections “203(1)” and “203(3)”.
Harbours Act 1950: amended, as from 15 May 1991, by section 158(d) Employment Contracts Act 1991 (1991 No 22) by omitting the expression “45(3)”.
Harbours Act 1950: this item was amended, as from 25 November 1994 by section 4 Foreshore and Seabed Endowment Revesting Amendment Act 1994 (1994 No 113) by omitting so much of the item as related to s 138 Harbours Act 1950. this item was amended, as from 1 February 1995, by section Harbours Act 1950: 203 Maritime Transport Act 1994 (1994 No 104) by omitting so much of the item as related to the deﬁnition of the term harbour light in s 2(1) of that Act.
See regulation 2 Maritime Transport Act Commencement Order 1994 (SR 1994/272).

Sections 30(2) and 31(2) of the Marine Farming Act 1971: omitted (as from 1 April 1987) by section 11(1) State­Owned Enterprises Amendment Act 1987 (1987 No 117).

Section 14E(1) of the Marine Farming Act 1971: omitted (as from 7 July 1993) by section 2(2)(c) Marine Farming Amendment Act 1993 (1993 No 66).
Section 23(3) Wild Animal Control Act 1977: this item was repealed, as from 1 October 1999, by section 15(d) Wild Animal Control Amendment Act 1997 (1997 No 80).

Queen Elizabeth the Second National Trust Act 1977: this item was amended (as from 16 December 1988) by section 3(2) Queen Elizabeth the Second National Trust Amend­ ment Act 1988 (1988 No 208) by omitting so much as relates to s 9(5).
It was further amended as from 12 June 1991 by section 16(b) Queen Elizabeth the Second National Trust Amendment Act 1991 (1991 No 37) by omitting so much as relates to s 22(3).

Noxious Plants Act 1978: this item was amended (as from 1 April 1987) by section 11(1) State­Owned Enterprises Amendment Act 1987 (1987 No 117) by omitting the expression “5(1)(f)” and substituting the expression “5(2)(f)”.
National Parks Act 1980: this item was amended, as from 25 November 1994, by section 4(2) National Parks Amendment Act 1994 (1994 No 112) by omitting so much of the item as related to s 11(2) National Parks Act 1980 (1980 No 66).

National Parks Act 1980: this item was amended, as from 1 July 1996, by section 8(2) National Parks Amendment Act 1996 (1996 No 4) by omitting so much as related to sections 52 and 54(2) of the National Parks Act 1980 (1980 No 66).
247 Schedule 3 Conservation Act 1987 Reprinted as at 1 October 2008 Sections 42(4)(b) and 42(5) Public Works Act 1981: this item was omitted, as from 1 July 1996, by section 7(e) Survey Amendment Act 1996 (1996 No 55).

Section 52(3)(a) of the Public Works Act 1981: this item was omitted by section 15(2) Public Works Amendment Act 1988 (1988 No 43).

Section 114 of the Public Works Act 1981: this item was omitted by section 31(2) Public Works Amendment Act 1988 (1988 No 43).
Section 136 of the Public Works Act 1981: this item was omitted by section 116(1) Tran­ sit New Zealand Act 1989 (1989 No 75).

Section 75A Fisheries Act 1983: section 11(1) State­Owned Enterprises Amendment Act 1987 (1987 No 117).

this item was amended, as from 1 April 1987, by Sections 6, 7, 8, 10A and 11 Fisheries Act 1983: these items were omitted, as from 1 October 1995, by section 9(4)(a) Fisheries Amendment Act 1995 (1995 No 51).
Schedule 2 was amended, as from 1 February 1990, by section 8(c) Survey Amendment Act (No 3) 1989 (1989 No 139) by omitting so much as relates to the State­Owned Enterprises Act 1986.

Schedule 3 Consequential amendments to regulations Section 65 Regulation Amended Amendment The Land Act Regulations 1949 (SR 1949/37) The Wildlife Regulations 1955 (SR 1962/199) By omitting the word “Commissioner”, wherever it appears, and substituting, in each case, the words “Director­General of Conservation”.
By omitting the word “Secretary”, wherever it appears, and substituting, in each case, the word “Director­General”.
248 Reprinted as at 1 October 2008 Conservation Act 1987 Schedule 3 Regulation Amended Amendment The Little Shag Notice 1955 (SR 1955/181) The Council of North Island Acclimatisation Societies Regulations 1959 (SR 1959/73) The Wildlife Sanctuary/Sulphur Point, Lake Rotorua Order 1964 (SR 1964/201) “Director­General By omitting from clause 4 the words “Secretary for Internal Affairs”, and substituting the words of Conservation”.
By omitting from clause 7(c) the words “Secretary for Internal Affairs” and substituting, re­ spectively, the words “Director­ General of Conservation” and “Director­General”.

By omitting from regulations 5(e), 9(2), and 10(1) the words “Secretary for Internal Affairs”, and substituting in each case, the words “Director­General of Conservation”.

By omitting from the deﬁnition in clause 2 of the term Depart­ ment the words “Internal Af­ fairs”, and substituting the word “Conservation”.
By inserting in clause 2, after the deﬁnition of the term De­ partment, the following deﬁn­ ition: “Director­General means the Director­General of Conserva­ tion By revoking the deﬁnition in clause 2 of the term Secretary.

By omitting the word “Secre­ tary”, wherever it appears, and 249 Schedule 3 Conservation Act 1987 Reprinted as at 1 October 2008 Regulation Amended Amendment substituting, in each case, the expression “Director­General”.
By omitting the words “the Wildlife Branch of”, wherever they appear.

By omitting from clause 4(a) the words “Conservator of Wildlife at Rotorua”, and substituting the expression “Director­General”.

By inserting in clause 2, after the deﬁnition of the term The Act,the following deﬁnition: “Director­General means the Director­General of Conserva­ tion By revoking the deﬁnition in clause 2 of the term Secretary.
By from clauses 4(e) and 5 the word “Secretary”, and substituting, in each case, the expression “Director­Gen­ eral”.

omitting By inserting in clause 2, after the deﬁnition of the term The Act the following deﬁnition: “Director­General means the Director­General of Conserva­ tion By revoking the deﬁnition in clause 2 of the term Secretary.
from clauses By 4(c) and 5 the word “Secretary”, omitting The Wildlife Sanctuary (Aldermen Islands) Order 1965 (SR 1965/81) The Wildlife Sanctuary (Karewa Island) Order 1965 (SR 1965/182) 250 Reprinted as at 1 October 2008 Conservation Act 1987 Schedule 3 Regulation Amended Amendment The Wildlife Sanctuary (Mokohinau Islands) Order 1965 (SR 1963/183) The Wildlife Sanctuary (Otamatou Rocks) Order 1965 (SR 1965/184) and substituting, in each case, the expression “Director­Gen­ eral”.
By inserting in clause 2, after the deﬁnition of the term The Act, the following deﬁnition: “Director­General means the Director­General of Conserva­ tion By revoking the deﬁnition in clause 2 of the term Secretary.

By from clauses 4(d) and 5 the word “Secretary”, and substituting, in each case, the expression “Director­Gen­ eral”.
omitting By inserting in clause 2, af­ ter the deﬁnition of the term Closed period, the following deﬁnition: “Director­General means the Director­General of Conserva­ tion By revoking the deﬁnition in clause 2 of the term Secretary.

By omitting the word “Secre­ tary” wherever it appears, and substituting, in each case, the expression “Director­General”.
251 Schedule 3 Conservation Act 1987 Reprinted as at 1 October 2008 Regulation Amended Amendment The Wildlife Sanctuary (Trio Islands) Order 1965 (SR 1963/1985) The Wildlife Sanctuary (Stephens Island) Order 1966 (SR 1966/63) The Wildlife Sanctuary (White Rocks, Duffers Reef, and Sentinel Rock) Order 1966 (SR 1966/131) By inserting in clause 2, after the deﬁnition of the term The Act, the following deﬁnition: “Director­General means the Director­General of Conserva­ tion By revoking the deﬁnition in clause 2 of the term Secretary.
from clauses By 4(d) and 5 the word Secretary, and substituting, in each case, the expression “Director­Gen­ eral”.

omitting By inserting in clause 2, after the deﬁnition of the term The Act, the following deﬁnition: “Director­General means the Director­General of Conserva­ tion By revoking the deﬁnition in clause 2 of the term Secretary.

By from clauses 4(c) and 5 the word “Secretary”, and substituting, in each case, the expression “Director­Gen­ eral”.
omitting 252 Reprinted as at 1 October 2008 Conservation Act 1987 Schedule 3 Regulation Amended Amendment The Lake Rotorua (Motutara) Wildlife Refuge Order 1967 (SR 1967/53) The Lake Rotomahana Wildlife Refuge Order 1967 (SR 1967/198) The Lake Grasmere Wildlife Refuge Order 1968 (SR 1968/145) The Wildlife Sanctuary (Motunau Island) Order 1969 (SR 1969/165) By omitting from clause 3 the words “Secretary for Internal Affairs”, and substituting the words “Director­General of Conservation”.


By omitting from clause 3 the words “Secretary for Internal Affairs”, and substituting the words “Director­General of Conservation”.

By inserting in clause 2, after the deﬁnition of the term The Act, the following deﬁnition: “Director­General means the Director­General of Conserva­ tion By revoking the deﬁnition in clause 2 of the term Secretary.
By from clauses 4(e) and 5 the word “Secretary”, and substituting, in each case, the expression “Director­Gen­ eral”.

By omitting from the proviso to clause 5(a) the words “In­ ternal Affairs”, and substituting the word “Conservation”.
omitting 253 Schedule 3 Conservation Act 1987 Reprinted as at 1 October 2008 Regulation Amended Amendment By inserting in clause 2, after the deﬁnition of the term The Act, the following deﬁnition: “Director­General means the Director­General of Conserva­ tion By revoking the deﬁnition in clause 2 of the term Secretary.

from clauses By 4(e) and 5 the word “Secretary” and substituting, in each case, the expression “Director­Gen­ eral”.
omitting By omitting from clause 3 the words: “Secretary for Internal Affairs” and “Secretary”, and substituting, respectively, the words “Director­ General of Conservation” and “Director­ General”.

By omitting from clause 3 the words “Secretary for Internal Affairs” and “Secretary” and substituting, respectively, the words “Director­General of Conservation” and “Director­ General”.
The Wildlife Sanctuary (the Brothers Islands) Order 1970 (SR 1970/87) The Buller River Mouth Wildlife Refuge Order 1973 (SR 1973/272) The Hart’s Creek Wildlife Refuge Order 1973 (SR 1973/273) 254 Reprinted as at 1 October 2008 Conservation Act 1987 Schedule 3 Regulation Amended Amendment The Lakes Orakai, Tutira, and Waikopiro Wildlife Refuge Order 1973 (SR 1973/274) The Hawksbury Lagoon Wildlife Refuge Order 1974 (SR 1974/28) The Wildlife Sanctuary (Whangamata Islands) Order 1976 (SR 1976/301) The Chatham Islands (Wildlife) Notice 1977 (SR 1977/106) By omitting from clause 3 the words “Secretary for Internal Affairs” and “Secretary”, and substituting, respectively, the words “Director­General of Conservation” and “Director­ General”.


By inserting in clause 2, after the deﬁnition of the term The Act, the following deﬁnition: “Director­General means the Director­General of Conserva­ tion By revoking the deﬁnition in clause 2 of the term Secretary.
By from clauses 4(e) and 5 the word “Secretary”, and substituting, in each case, the expression “Director­Gen­ eral”.

omitting By omitting from clause 9 the word “Secretary”, in each place that it occurs, and substituting, in each case, the expression “Director­ General”.

255 Schedule 3 Conservation Act 1987 Reprinted as at 1 October 2008 Regulation Amended Amendment The Titi (Muttonbird) Island Regulations 1978 (SR 1978/59) By repealing the deﬁnition in regulation 2 of the term Com­ missioner.
By inserting in regulation 2, after the deﬁnition of the term Crown island, the following deﬁnition: “Director­General means the Director­General of Conserva­ tion By omitting the word “Com­ missioner”, wherever it appears, and substituting, in each case, the words “Director­ General”.
The Council of South Island Acclimatisation Societies Regulations 1978 (SR 1978/281) The Wildlife Sanctuary (Taiaroa Head Foreshore) Order 1979 (SR 1979/146) By omitting the words “Department of Internal Affairs” and “Secretary for Internal Affairs”, wherever they appear, and substituting, respectively, the words “Department of Conservation” and “Director­ General of Conservation”.
By inserting in clause 2, after the deﬁnition of the term The Act, the following deﬁnition: “Director­General means the Director­General of Conserva­ tion By revoking the deﬁnition in clause 2 of the term Secretary.
from clauses By 4(c) and 5 the word “Secretary”, omitting 256 Reprinted as at 1 October 2008 Conservation Act 1987 Schedule 3 Regulation Amended Amendment The Central North Island Wildlife Conservancy Council Regulations 1980 (SR 1980/48) and substituting, in each case, the expression “Director­Gen­ eral”.

By omitting from the deﬁnition in regulation 2 of the term De­ partment the words “Internal Affairs”, and substituting the word “Conservation”.
By omitting from subclauses (4) and (5) of regulation 3 the words “Secretary for Internal Affairs”, in each place that they occur, and substituting, in each case, the words “Director­General of Conservation”.
By revoking regulation 5(b), and substituting the following paragraph: “(b) Two ofﬁcers of the De­ partment designated by the Director­General of Conservation By revoking regulation 9(1), and substituting the following subclause: “(1) In the absence from any meeting of the Council of either of the ofﬁcers of the Department desig­ nated by the Director­ of Conserva­ General tion, the designated of­ ﬁcer may, subject to any general or speciﬁc direc­ tion given by the Dir­ 257 Schedule 3 Conservation Act 1987 Reprinted as at 1 October 2008 Regulation Amended Amendment ector­General, authorise another ofﬁcer of the De­ partment to attend in his place.
By omitting from regulation 10(10) the words “Secretary for Internal Affairs”, and sub­ stituting the expression “Dir­ ector­General of Conservation”.

By omitting from paragraphs (b) and (c) of regulation 11(1) the words “Internal Affairs”, and substituting the word “Conser­ vation”.
By omitting from regulations 12(4), 14(2), 15(1)(g), 16(4), and 17(3), and the proviso to the words regulation 14(2), “Secretary for Internal Affairs”, in each place where they appear, and substituting, in each case, the words “Director­General of Conservation”.

By omitting from subclauses (2) and (4) of regulation 17 the words “Internal Affairs”, in each place where they appear, and substituting, in each case, the word “Conservation”.
258 Reprinted as at 1 October 2008 Conservation Act 1987 Schedule 3 Regulation Amended Amendment The Wildlife Sanctuary (Gannet Island) Order 1980 (SR 1980/90) The Freshwater Fisheries Regulations 1983 (SR 1983/277) The Freshwater Fish Farming Regulations 1983 (SR 1983/278) The Taupo Fishing Regulations 1984 (SR 1984/347) By inserting in clause 2, after the deﬁnition of the term The Act, the following deﬁnition: “Director­General means the Director­General of Conserva­ tion By revoking the deﬁnition in clause 2 of the term Secretary.
from clauses By 4(e) and 5 the word “Secretary”, and substituting, in each case, the expression “Director­Gen­ eral”.

By omitting from the proviso to clause 5(a) the words “In­ ternal Affairs”, and substituting the word “Conservation”.

omitting By omitting from the proviso to regulation 16 and from regulation 18(1) the words “Internal Affairs”, and substituting the word “Conservation”.
By omitting from paragraph (a) of the deﬁnition in regulation 2 of the term ﬁsh farm the words “Internal Affairs”, and substituting the word “Conservation”.

By inserting in regulation 2(1), after the deﬁnition of the term Day, the following deﬁnition: 259 Schedule 4 Conservation Act 1987 Reprinted as at 1 October 2008 Regulation Amended Amendment “Director­General means the Director­General of Conserva­ tion By revoking the deﬁnition in regulation 2(1) of the term Sec­ retary.
By omitting the words “Secre­ tary” and “Conservator”, wher­ ever they appear, and substitut­ ing, in each case the expression “Director­ General”.

An item relating to the Wildlife Sanctuary (Stephens Island) Order 1966 was omitted, as from 16 January 1997, by clause 2(2) Wildlife Sanctuary (Stephens Island) Revocation Order 1996 (SR 1996/385).

Schedule 4 Land that may be protected area Section 46 Schedule 4 was inserted, as from 13 March 1996, by section 46 Conservation Amendment Act 1996 (1996 No 1).
The heading to Schedule 4 was amended, as from 21 October 2000, by section 22 Forests (West Coast Accord) Act 2000 (2000 No 45) by substituting the words “Land that may be protected area” for the words “Land subject to the West Coast accord”.
260 Land Category A or B Proposed Purpose Boundary documents Ngakawau Ecological Area and two extensions Ecological Area Ngakawau Ecological Area: Category A Two extensions: Category B Rahui Ecological Area Category A Ecological Area Upper Orikaka Ecological Area Category A Ecological Area Mid Orikaka Ecological Area Category B Ecological Area S.O.

Plan 15258, Nelson Land District S.O.

Plan 14749, Nelson Land District or S.O.


Plan 15014, Nelson Land District, where any difference in the boundaries exists between those plans, and additional areas referred to in the Final Report of the West Coast Forests Working Party 1 9 8 7 Radcliffe Ecological Area Category A Ecological Area Atbara­Nile Ecological Area Category A Ecological Area Deep Creek Extension Ecological Area Category A Ecological Area 2 6 1 S c h e d u l e 4 2 6 2 Land Category A or B Proposed Purpose Boundary documents S.O.
Plan 11627, Westland Land District 4 S c h e d u l e Bywash Pakihi Ecological Area Category A Ecological Area Flagstaff Extension Ecological Area Category A Ecological Area Ahaura River East Amenity Reserve Category A Amenity Area Lake Hanlon Amenity Reserve Category A Amenity Area Karamea Bluff Ecological Area Category A Ecological Area Lake Haupiri Amenity Reserve Category A Amenity Area Preliminary Report of the West Coast Forests Working Party, including the area shown as possible addition C o n s e r v a t i o n A c t Hochstetter Extension Ecological Area Category A Ecological Area S.O.
Plan 11631, Westland Land District 1 9 8 7 Lake Hochstetter Amenity Reserve Category A Amenity Area S.O.
Plan 12260, Westland Land District Unnamed (Ahaura River) Amenity Reserve Unnamed (Lake Ahaura) Amenity Reserve Extension Category A Amenity Area Category A Amenity Area Land Category A or B Proposed Purpose Boundary documents Nelson Creek Amenity Reserve Category A Amenity Area Ahaura Terrace Ecological Area Category A Ecological Area Otututu Ecological Area Category A Ecological Area Otututu Valley Amenity Reserve Category A Amenity Area Craigieburn Amenity Reserve Category A Amenity Area Moonlight Ecological Area Category A Ecological Area Mount Harata Ecological Area Category A Ecological Area Ahaura Road Amenity Reserve Category A Amenity Area Wildlife Corridor (in Hochstetter State Forest) Category A Wildlife Corridor (in Granville State Forest) Wildlife Corridor (in Victoria Forest Park) Category A Category A Wildlife Management Area Wildlife Management Area Wildlife Management Area 2 6 3 S.O.
Plan 11630, Westland Land District 2 0 0 8 a s a t C o n s e r v a t i o n A c t S.O.

Plan 11618, Westland Land District S.O.

Plan 12265, Westland Land District 1 9 8 7 S.O.

Plan 12261, Westland Land District S.O.Plan 12266, Westland Land District S.O.
Plan 15268, Nelson Land District S c h e d u l e 4 2 6 4 Land Category A or B Proposed Purpose Boundary documents Unnamed Wildlife Corridor (Hukawai) Category A Wildlife Corridor (in Te Wharau State Forest) Category A Unnamed (Coal Creek) Wildlife Corridor Unnamed (Fletcher Creek) Wildlife Corridor Category A Category A Coal Creek Extension Ecological Area Category A Wildlife Management Area Wildlife Management Area Wildlife Management Area Wildlife Management Area S.O.
Plan 15273, Nelson Land District 4 Final Report of the West Coast Forests Working Party excluding the Te Wharau Ecological Area Area D S.O.

Plan 15270, Nelson Land District Area C S.O.

Plan 15262, Nelson Land District Wildlife Management Area Areas A and B S.O.

Plan 15270, Nelson Land District 1 9 8 7 S c h e d u l e C o n s e r v a t i o n A c t Deep Creek Amenity Reserve Category A Amenity Area S.O.
Plan 15269, Nelson Land District 1 O c t o b e r 2 0 0 8 R e p r i n t e d a s a t Land Category A or B Proposed Purpose Boundary documents Big River Extension Ecological Area Category A Ecological Area Maruia West Bank Ecological Area Category A Ecological Area Maruia East and Rappahannock Ecological Area Category A Amenity Area a t a s 2 0 0 8 Areas A and C S.O.

Plan 14756, Nelson Land District, excluding areas within grazing licence 293, or S.O.
Plan 15022 and LT Plan 15127, Nelson Land District where any difference in the boundaries exists between S.O.

Plan 14756 and the other plans Deepdale Ecological Area Category A Ecological Area S.O.

Plan 14751, Nelson Land District 1 9 8 7 Slab Hut Pakihi Ecological Area Category A Ecological Area S.O.

Plan 15272, Nelson Land District Te Wharau Ecological Area Category A Ecological Area S.O.
Plan 14754, Nelson Land District Fletcher Creek Extension Ecological Area Category A Ecological Area Card Creek Extension Ecological Area Category A Ecological Area 2 6 5 Areas A and B S.O.

Plan 15262, Nelson Land District S.O.
Plan 12258, Westland Land District Land Category A or B Proposed Purpose Boundary documents S c h e d u l e 4 New River Amenity Reserve Category A Ecological Area Unnamed (Larry’s Creek) Amenity Reserve Category A Amenity Area Inangahua West Amenity Reserve Category A Amenity Area Greenstone Extension Ecological Area Category A Ecological Area Mitchells/Revells Terrace Amenity Reserve Three Mile Hill Extension Ecological Area Category A Amenity Area Category A Ecological Area Dillmanstown Amenity Reserve Category A Amenity Area Shamrock Extension Amenity Reserve Category A Amenity Area Milltown Amenity Reserve Category A Amenity Area Where no Area information on is contained in the Final Report of the West Coast Forests Working Party, the maps contained in the Preliminary Report apply Land Category A or B Proposed Purpose Boundary documents Kaniere Ecological Area Category A Ecological Area Upper Totara Ecological Area Category A Ecological Area Doctor Hill Ecological Area Category A Ecological Area Kakapotahi Ecological Area Category A Ecological Area Saltwater Extension Ecological Area Category A Ecological Area Okarito Forks Ecological Area Category A Ecological Area Mokihinui Forks Ecological Area Category B Ecological Area Glasseye Creek Ecological Area Category B Ecological Area Nancy’s Clearing Ecological Area Category B Ecological
 Area Shenandoah Amenity Reserve Category B Amenity Area Murray Creek Amenity Reserve Category B Amenity Area Waiuta Amenity Reserve Category B Amenity Area 2 6 7 1 O c t o b e r R e p r i n t e d 2 0 0 8 a s a t Area A S.O.
Plan 11623, Westland Land District Land Category A or B Proposed Purpose Boundary documents One One Creek Wildlife Management Reserve Category B Pye Creek Wildlife Management Reserve Wanganui River Flat Wildlife Management Reserve Category B Category B Wildlife Management Area Wildlife Management Area Wildlife Management Area Reprinted as at 1 October 2008 Conservation Act 1987 Schedule 4 269 Notes Conservation Act 1987 Reprinted as at 1 October 2008 Contents 1 2 3 General About this eprint List of amendments incorporated in this eprint (most recent ﬁrst) General This is an eprint of the Conservation Act 1987.
It incorporates all the amendments to the Act as at 1 October 2008.

The list of amendments at the end of these notes speciﬁes all the amendments incorporated into this eprint since 3 September 2007.

Relevant provisions of any amending enactments that contain transitional, savings, or application provisions are also included, after the Principal enactment, in chronological order.

About this eprint This eprint has not been ofﬁcialised.
For more information about ofﬁcialisation, please see “Making online legislation ofﬁcial” under “Status of legislation on this site” in the About section of this website.

List of amendments incorporated in this eprint (most recent ﬁrst) Walking Access Act 2008 (2008 No 101): section 82 Policing Act 2008 (2008 No 72): section 130(1) Notes 1 2 3 270