National Parks Act 1980

1: Short Title and commencement
1: This Act may be cited as the National Parks Act 1980.
2: This Act shall come into force on 1 April 1981.
2: Interpretation
In this Act, unless the context otherwise requires,— activity aircraft Civil Aviation Act 1990 animal Authority section 6A Board section 6L boat certified aerodrome Civil Aviation Act 1990 Chief Surveyor companion dog concession concession document
a: means—
i: a lease; or
ii: a licence; or
iii: a permit; or
iv: an easement— granted under section 49
b: includes any activity authorised by the concession document concessionaire
a: a lessee; or
b: a licensee; or
c: a permit holder; or
d: the grantee of an easement— under section 49 conservation area Conservation Act 1987 conservation management strategy section 17F day Department Conservation Director-General of Conservation firearm foreshore guide dog Royal New Zealand Foundation of the Blind indigenous animal infringement fee infringement offence
a: an offence in subpart 1
b: an offence against bylaws made under this Act that is declared by regulations to be an infringement offence land district section 22 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 enactment passed before the commencement of section 2
iii: any document purporting to be a lease (whether or not the document gives the lessee exclusive possession of the land concerned) and issued under this Act before the commencement of the said section 2
b: does not include a licence referred to in paragraph (b)﻿(ii) of the definition of the term licence;— and lessee licence
a: means—
i: a profit à prendre
ii: a grant that makes provision for any activity on the land that the licensee is permitted to carry out; and
b: 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)) and issued under any enactment relating to national parks that was passed before the commencement of section 2
ii: any document purporting to be a licence and purporting to grant an exclusive interest in land, and issued under this Act before the date of commencement of the said section 2
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)) and issued under this Act before the commencement of the said section 2 and licensee local authority Local Government Act 2002 management plan sections 45 to 48 Minister Conservation motor vehicle the Land Transport Act 1998 national park park native plants and animals owner
a: owns the dog; or
b: has the dog in his or her possession, whether the dog is at large or in confinement, otherwise than 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
c: the parent or guardian of a person under the age of 16 years who—
i: is the owner or the dog pursuant to paragraph (a) or paragraph (b); and
ii: is a member of the parent or guardian's household living with and dependent on the parent or guardian;— but does not include any person who has seized or taken custody of the dog under this Act or the Conservation Act 1987 Animal Welfare Act 1999 Dog Control Act 1996 Animal Welfare Act 1999 permit
a: means a grant of rights to carry out an activity for a purpose referred to in section 49
b: includes any authorisation or licence granted before the commencement of this definition that granted similar rights;— and permit holder plant private land protected wildlife
a: any animal for the time being absolutely protected pursuant to section 3
b: any animal for the time being partially protected pursuant to section 5 subsection (2) of that section
c: any animal that is a marine mammal within the meaning of the Marine Mammals Protection Act 1978 protected wildlife vulnerable to dogs
a: any flightless protected wildlife:
b: any limited-flight 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 proximity to the ground:
e: any animal that is a marine mammal within the meaning of the Marine Mammals Protection Act 1978 ranger section 40 Part 5A
a: who—
i: is a warranted officer appointed under section 59
ii: is a person deemed, by section 59(2) or section 59(9)
b: is acting on or in respect of any matter or thing arising, situated, or formerly situated, in the district, area, or areas for which the person is appointed or is deemed to be a warranted officer reserve Reserves Act 1977 specially protected area section 12 vehicle the Land Transport Act 1998 wilderness area section 14 1952 No 54 s 2; 1974 No 69 s 2 Section 2 activity inserted 1 July 1996 section 2 National Parks Amendment Act 1996 Section 2 aircraft amended 1 September 1990 section 101(1) Civil Aviation Act 1990 Section 2 Authority inserted 10 April 1990 section 109(2) Conservation Law Reform Act 1990 Section 2 Board inserted 10 April 1990 section 109(2) Conservation Law Reform Act 1990 Section 2 certified aerodrome inserted 1 July 1996 section 2 National Parks Amendment Act 1996 Section 2 Commissioner repealed 1 April 1987 section 65(1) Conservation Act 1987 Section 2 companion dog inserted 2 May 1996 National Parks Amendment Act (No 2) 1996 Section 2 concession concession document inserted 1 July 1996 section 2 National Parks Amendment Act 1996 Section 2 concessionaire inserted 1 July 1996 section 2 National Parks Amendment Act 1996 Section 2 conservation area inserted 1 April 1987 section 65(1) Conservation Act 1987 Section 2 conservation management strategy inserted 1 April 1990 section 109(2) Conservation Law Reform Act 1990 Section 2 day inserted 2 May 1996 National Parks Amendment Act (No 2) 1996 Section 2 Department amended 1 April 1987 section 65(1) Conservation Act 1987 Section 2 Director-General amended 1 April 1987 section 65(1) Conservation Act 1987 Section 2 foreshore replaced 7 July 2010 section 4 National Parks Amendment Act 2010 Section 2 guide dog inserted 2 May 1996 National Parks Amendment Act (No 2) 1996 Section 2 guide dog amended 30 April 2003 section 28(1) Royal New Zealand Foundation of the Blind Act 2002 Section 2 indigenous animal inserted 25 November 1994 National Parks Amendment Act 1994 Section 2 infringement fee inserted 21 December 2018 section 29 Conservation (Infringement System) Act 2018 Section 2 infringement offence inserted 21 December 2018 section 29 Conservation (Infringement System) Act 2018 Section 2 lease inserted 1 July 1996 section 2 National Parks Amendment Act 1996 Section 2 licence inserted 1 July 1996 section 2 National Parks Amendment Act 1996 Section 2 local authority replaced 1 July 2003 section 262 Local Government Act 2002 Section 2 Minister amended 1 April 1987 section 65(1) Conservation Act 1987 Section 2 motor vehicle amended 1 March 1999 section 215(1) Land Transport Act 1998 Section 2 National Parks and Reserves Authority Authority repealed 10 April 1990 section 109(1)﻿(a) Conservation Law Reform Act 1990 Section 2 National parks and reserves board board repealed 10 April 1990 section 109(1)﻿(b) Conservation Law Reform Act 1990 Section 2 native plants and animals inserted 25 November 1994 National Parks Amendment Act 1994 Section 2 owner inserted 2 May 1996 National Parks Amendment Act (No 2) 1996 Section 2 owner amended 1 January 2000 section 194 Animal Welfare Act 1999 Section 2 permit inserted 1 July 1996 section 2 National Parks Amendment Act 1996 Section 2 protected wildlife replaced 2 May 1996 National Parks Amendment Act (No 2) 1996 Section 2 protected wildlife vulnerable to dogs inserted 2 May 1996 National Parks Amendment Act (No 2) 1996 Section 2 ranger replaced 2 May 1996 National Parks Amendment Act (No 2) 1996 Section 2 vehicle amended 1 March 1999 section 215(1) Land Transport Act 1998
3: Act to bind the Crown
This Act shall bind the Crown.
1: National parks
Principles to be applied in national parks
4: Parks to be maintained in natural state, and public to have right of entry
1: It is hereby declared that the provisions of this Act shall have effect for the purpose of preserving in perpetuity as national parks, for their intrinsic worth and for the benefit, use, and enjoyment of the public, areas of New Zealand that contain scenery of such distinctive quality, ecological systems, or natural features so beautiful, unique, or scientifically important that their preservation is in the national interest.
2: It is hereby further declared that, having regard to the general purposes specified in subsection (1), national parks shall be so administered and maintained under the provisions of this Act that—
a: they shall be preserved as far as possible in their natural state:
b: except where the Authority otherwise determines, the native plants and animals of the parks shall as far as possible be preserved and the introduced plants and animals shall as far as possible be exterminated:
c: sites and objects of archaeological and historical interest shall as far as possible be preserved:
d: their value as soil, water, and forest conservation areas shall be maintained:
e: subject to the provisions of this Act and to the imposition of such conditions and restrictions as may be necessary for the preservation of the native plants and animals or for the welfare in general of the parks, the public shall have freedom of entry and access to the parks, so that they may receive in full measure the inspiration, enjoyment, recreation, and other benefits that may be derived from mountains, forests, sounds, seacoasts, lakes, rivers, and other natural features. 1952 No 54 s 3; 1972 No 87 s 2
5: Indigenous plants and animals to be preserved
1: No person shall, without the prior written consent of the Minister, cut, destroy, or take, or purport to authorise any person to cut, destroy, or take, any plant or part of a plant that is indigenous to New Zealand and growing in a national park.
2: No person shall, without the prior written consent of the Minister, disturb, trap, take, hunt, or kill, or purport to authorise any person to disturb, trap, take, hunt, or kill any animal that is indigenous to New Zealand and found within a national park.
3: The Minister shall not give his consent under subsection (1) or subsection (2) unless the act consented to is consistent with the management plan for the park. 1952 No 54 s 29
5A: Introduction of biological organisms
1: Notwithstanding anything in this Act or any other enactment, but subject to subsections (2) and (3), the Minister may authorise the introduction of any biological control organism to control wild animals or animal pests or plant pests in any national park.
2: Before granting an approval under subsection (1), the Minister shall—
a: consult the New Zealand Conservation Authority; and
b: have regard to whether—
i: any introduced organism will itself become a problem or adversely affect any other indigenous organisms, or have a negative impact on any ecosystem; and
ii: there is sufficient scientific advice, supported by research, to indicate that none of these will occur.
3: An authority granted under subsection (1) shall not be inconsistent with any provision in—
a: any other Act applicable to the import, genetic modification, or use of the organism or organisms concerned; or
b: any general policy adopted under section 44
c: any conservation management strategy or management plan. Section 5A inserted 25 November 1994 National Parks Amendment Act 1994 Establishment, exclusion of land from, and definition of parks
6: Existing national parks
1: The following national parks as they exist at the commencement of this Act are hereby declared to be national parks under and subject to the provisions of this Act:
a: the Tongariro National Park:
b: the Egmont National Park:
c: the Arthur's Pass National Park:
d: the Abel Tasman National Park:
e: the Fiordland National Park:
f: the Mount Cook National Park:
g:
h: the Nelson Lakes National Park:
i: the Westland National Park:
j: the Mount Aspiring National Park.
2: The Arthur's Pass National Park named in subsection (1)﻿(c) is the same national park as the Arthur Pass National Park existing immediately before the commencement of this Act.
3: By virtue of section 162
4: 1952 No 54 s 9; 1974 No 69 s 4 Section 6(1)﻿(g) repealed 28 July 2014 section 14 Te Urewera Act 2014 Section 6(3) inserted 1 October 1998 section 162(3) Ngāi Tahu Claims Settlement Act 1998 Section 6(4) repealed 28 July 2014 section 14 Te Urewera Act 2014
7: Constitution of other national parks and addition of land to national parks
1: Subject to subsections (2) to (6), the Governor-General may from time to time, by Order in Council made on the recommendation of the Minister,—
a: declare that any land of the Crown described in the order, being—
i: any conservation area; or
ii:
iii: any land subject to the Tourist and Health Resorts Control Act 1908 Tourist Hotel Corporation Act 1974
iv: any reserve vested in Her Majesty subject to the Reserves Act 1977
v: any land acquired by the Crown for national park purposes,— shall be a national park subject to this Act:
b: add any such land to any park:
c: declare that any foreshore described in the order shall be a national park or be added to any park:
d: assign a name to any new national park or change the name of any existing national park.
2: The Minister shall not make any recommendation under subsection (1) except on the recommendation of the Authority made after consultation with the appropriate Board (if any).
2A: Before making a recommendation under subsection (1)﻿(d), the Minister must refer the proposed name to the New Zealand Geographic Board Ngā Pou Taunaha o Aotearoa under section 27(2) 30
3:
4: No land subject to the Tourist and Health Resorts Control Act 1908
5:
6: No foreshore shall be declared to be a park or to be added to any park, except on the joint recommendation of the Minister and the Minister of Transport, and, where the foreshore is under the control of a regional council under the Resource Management Act 1991 1952 No 54 s 10(1); 1974 No 69 s 5(1) Section 7(1)﻿(a)﻿(i) replaced 1 April 1987 section 65(1) Conservation Act 1987 Section 7(1)﻿(a)﻿(ii) repealed 1 April 1987 section 65(1) Conservation Act 1987 Section 7(2A) inserted 1 November 2008 section 38 New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008 Section 7(3) repealed 1 April 1987 section 65(1) Conservation Act 1987 Section 7(5) repealed 1 October 1991 section 362 Resource Management Act 1991 Section 7(6) replaced 1 October 1991 section 362 Resource Management Act 1991
8: Investigation of proposals to add to parks or establish new parks
1: The Authority may, after having advised the Minister of its intention to do so, request the Director-General to investigate and report to it on any proposal that land should be declared to be a park or part of a park, or acquired for national park purposes.
2: Unless the Authority otherwise agrees, the Director-General shall, on receiving any such request—
a: give notice of the proposal under investigation by advertisement published in daily newspapers circulating in the cities of Auckland, Hamilton, Wellington, Christchurch, and Dunedin, and in the area affected; and
b: in that notice invite persons and organisations interested to send to the Director-General written suggestions on the proposal under investigation.
3: The Director-General shall, on receiving any such request, give notice to the responsible Minister of the Crown Section 8(3) amended 2 January 1990 section 4(a) Ministry of Energy (Abolition) Act 1989
9: Acquisition of land for national parks
1: Where the Minister, on the recommendation of the Authority made after consultation with the appropriate Board (if any), considers that any private land, or any easement over private land, or the interest of any lessee or licensee in any land, should be acquired by the Crown for national park purposes,—
a: the Minister may, in the name and on behalf of Her Majesty, contract for the purchase or lease of the land, easement, or interest, or accept the land, easement, or interest as a gift; or
b: the land, easement, or interest may be taken or otherwise acquired under the Public Works Act 1928 as for a public work under that Act.
2: All land, easements, or interests in land acquired under subsection (1) shall vest in Her Majesty for national park purposes, and all lands acquired by the Minister by way of lease under this section shall, during the term of the lease, be subject to this Act. 1952 No 54 s 13(1), (2)
10: Park land administered under certain other Acts
1: Any land that, at the commencement of this Act, is part of a national park and is being administered under the Tourist and Health Resorts Control Act 1908
2: Notwithstanding anything in the Tourist and Health Resorts Control Act 1908 the Act
3: Where any land that is part of a national park is being administered under the Tourist and Health Resorts Control Act 1908
4: The Minister shall consult with the Minister of Tourism before—
a: making any decision or taking any action under this Act that affects the administration of the Tourist and Health Resorts Control Act 1908
b: making any bylaw under section 56 Tourist and Health Resorts Control Act 1908 1952 No 54 s 10(4)–(7); 1955 No 75 s 3(b) Section 10(1) amended 23 March 1990 section 21(2) Tourist Hotel Corporation of New Zealand Act 1989 Section 10(2) amended 23 March 1990 section 21(2) Tourist Hotel Corporation of New Zealand Act 1989 Section 10(3) amended 23 March 1990 section 21(2) Tourist Hotel Corporation of New Zealand Act 1989 Section 10(4)﻿(a) amended 23 March 1990 section 21(2) Tourist Hotel Corporation of New Zealand Act 1989 Section 10(4)﻿(b) amended 23 March 1990 section 21(2) Tourist Hotel Corporation of New Zealand Act 1989
11: Exclusion of land from national park
1: No area of land or foreshore included in any park shall be excluded from that park, except by Act of Parliament.
2: The exclusion of any land or foreshore from a park shall, without more, have the effect of cancelling any reservation relating to the holding of that land or foreshore for any particular or general purpose or subject to any condition, and the land or foreshore shall thereupon be disposed of in the manner specified in that Act 1952 No 54 s 10(2), (3); 1974 No 69 s 5(1) Section 11(2) amended 25 November 1994 National Parks Amendment Act 1994
12: Specially protected areas in national parks
1: The Governor-General may from time to time, by Order in Council made on the recommendation of the Minister after consultation with the Authority and the appropriate Board, set apart any part of a park as a specially protected area for the purposes of this Act, and may, in like manner, cancel any such setting apart or alter the boundaries of any specially protected area by including or excluding any area of the park that, in his opinion, should be so included or excluded.
2: Where, at the commencement of this Act, any part of a national park is set apart as a special area this section shall apply as if that area had been set apart as a specially protected area under subsection (1). 1952 No 54 s 12
12A: Orders in Council to be published in
Gazette An Order in Council made under any of sections 7 10 12 Gazette Section 12A inserted 5 August 2013 section 77(3) Legislation Act 2012
13: Permits for access to specially protected areas
1: No person shall enter or remain in any specially protected area, except under the authority of and in accordance with a permit issued by the Minister under this section.
2: The Minister may from time to time issue a permit under this section to 1 or more persons granting access to any specially protected area and may amend or revoke any such permit at any time.
3: Every such permit shall contain such conditions as the Minister determines.
4: No permit issued under this section shall be inconsistent with the management plan for the park.
5: Every person commits an offence against this Act who—
a: enters or remains in any specially protected area, except under the authority of a permit issued under this section; or
b: fails to comply with any condition contained in any such permit.
14: Wilderness areas
1: The Minister may, on the recommendation of the Authority made in accordance with a conservation management strategy or management plan, by notice in the Gazette
2: Subject to this section, while any area is set apart as a wilderness area,—
a: its indigenous natural resources shall be preserved:
b: no building or machinery shall be erected on the area:
c: no building, machinery, or apparatus shall be constructed or maintained on the area:
d: no animals, vehicles, or motorised vessels (including hovercraft and jet boats) shall be allowed to be taken into or used in the area 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 a wilderness area:
e: no roads, tracks, or trails shall be constructed in the area.
3: The Minister may authorise any person to liberate any species of indigenous animal in a wilderness area where—
a: the Minister is satisfied that there is sufficient evidence that the species was previously present in the area; and
b: the proposed liberation is not inconsistent with any general policy statement, conservation management strategy, or management plan having effect in relation to the area.
4: Subject to subsection (3), if—
a: the doing of anything in a wilderness area is in conformity with the conservation management strategy or management plan for the area; and
b: the Minister is satisfied that its doing is necessary or desirable for the preservation of the area's indigenous natural resources,— the Minister may authorise it.
5: 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.
6: Nothing in subsection (2) prevents the doing of anything necessary for any person's protection or because of some emergency involving any person's property. Section 14 replaced 25 November 1994 National Parks Amendment Act 1994
14A: Special provisions relating to wilderness areas under Reserves Act 1977 or Conservation Act 1987
1: This section applies where land set apart as or declared to be a wilderness area under the Reserves Act 1977 Conservation Act 1987
2: Notwithstanding any other provision of this Act, where this section applies, the Minister may, by notice in the Gazette section 14
3: A declaration under subsection (2) shall have effect according to its tenor subject to the following provisions:
a: the Director-General (in preparing the first management plan for the area) and the Board (in considering that plan) and the Authority (before approving that plan) shall consider whether or not the area should continue to be a wilderness area and whether or not any boundary adjustments should be made to the area:
b: the Authority shall make a recommendation on the matter to the Minister:
c: after receipt of a recommendation under paragraph (b), the Minister may, by notice in the Gazette Section 14A inserted 13 March 1996 section 3 National Parks Amendment Act 1996
15: Amenities areas
1: The Minister may, on the recommendation of the Authority made in accordance with the management plan, by notice in the Gazette
2: While any such area is set apart, the development and operation of recreational and public amenities and related services appropriate for the public use and enjoyment of the park may be authorised in accordance with this Act and the management plan.
3: The principles applicable to national parks shall, notwithstanding section 4 1952 No 54 s 34; 1964 No 102 s 3
16: Plans of national parks
1: The Chief Surveyor shall ensure that a current plan of each national park that is wholly or partly within his land district and every specially protected area, wilderness area, and amenities area within that park is—
a: available at his office for public inspection without fee during ordinary office hours; and
b: deposited in the office of the Director-General and the office of the Chief Surveyor of every land district in which any part of the park is situated.
2: Where any land is added to or excluded from any national park, specially protected area, wilderness area, or amenities area, the appropriate Chief Surveyor shall ensure that the plans required by subsection (1) are altered, replaced, or removed as the case may require.
3: Every plan and every alteration to any plan shall be certified by the appropriate Chief Surveyor.
4: The Chief Surveyor shall supply to any person applying for it a copy of any plan required by subsection (1) to be available in his office for public inspection.
5: Every plan of a national park or specially protected area, wilderness area, or amenities area certified by a Chief Surveyor, and every certified copy of any such plan shall, in the absence of proof to the contrary, be sufficient evidence of the boundaries and area comprising that national park, specially protected area, wilderness area, or amenities area.
2: National Parks and Reserves Authority
Heading repealed 25 May 1990 section 112(2) Conservation Law Reform Act 1990
17: National Parks and Reserves Authority
Section 17 repealed 25 May 1990 section 112(2) Conservation Law Reform Act 1990
18: Functions of Authority
In addition to the functions specified elsewhere in this Act or in any other Act, the functions of the Authority shall be—
a: to prepare and approve statements of general policy for national parks in accordance with section 44
b: to approve management plans and amendments section 48
c: to advise the Minister or the Director-General on the priorities for the expenditure of any money appropriated by Parliament for the purposes of this Act:
d: to review and report to the Minister or the Director-General on the effectiveness of the administration of the general policies for national parks:
e: to consider and make proposals for the addition of lands to national parks and the establishment of new national parks:
f:
g: to give advice to the Minister or the Director-General on any other matter relating to any national park. 1952 No 54 s 6 Section 18(b) amended 10 April 1990 section 111(a) Conservation Law Reform Act 1990 Section 18(f) repealed 10 April 1990 section 111(b) Conservation Law Reform Act 1990
18A: Minister to consult Authority in respect of access notice under Crown Minerals Act 1991
The Minister shall consult the Authority in respect of any notice requesting an access arrangement in respect of a national park served on the Minister pursuant to section 59 Section 18A inserted 1 October 1991 Crown Minerals Act 1991
19: Authority to implement policy of the Government
Section 19 repealed 25 May 1990 section 112(2) Conservation Law Reform Act 1990
20: Authority may release recommendations, reports, or advice to public
Section 20 repealed 25 May 1990 section 112(2) Conservation Law Reform Act 1990
21: Annual report
Section 21 repealed 25 May 1990 section 112(2) Conservation Law Reform Act 1990
22: Term of office of members of Authority
Section 22 repealed 25 May 1990 section 112(2) Conservation Law Reform Act 1990
23: Chairman of Authority
Section 23 repealed 25 May 1990 section 112(2) Conservation Law Reform Act 1990
24: Meetings of Authority
Section 24 repealed 25 May 1990 section 112(2) Conservation Law Reform Act 1990
25: Director-General entitled to attend meetings of Authority
Section 25 repealed 25 May 1990 section 112(2) Conservation Law Reform Act 1990
26: Servicing of Authority
Section 26 repealed 25 May 1990 section 112(2) Conservation Law Reform Act 1990
27: Fees and travelling expenses of members of Authority
Section 27 repealed 25 May 1990 section 112(2) Conservation Law Reform Act 1990
28: Public Bodies Meetings Act 1962 to apply to Authority
Section 28 repealed 1 March 1988 section 58(1) Local Government Official Information and Meetings Act 1987
3: National parks and reserves boards
Heading repealed 19 July 1990 section 114(2) Conservation Law Reform Act 1990
29: National parks and reserves boards
Section 29 repealed 19 July 1990 section 114(2) Conservation Law Reform Act 1990
30: Functions of Boards
1: In addition to the functions specified elsewhere in this Act or in any other Act, the functions of each Board shall be—
a: to recommend management plans, and the review or amendment of such plans, for parks within the jurisdiction of the Board in accordance with sections 45 to 47
b: to consider and determine priorities for the implementation of management plans for national parks:
c: to make recommendations to the Minister for the appointment of honorary rangers under section 40
d: to review and report to the Director-General
e:
f: to give advice to the Director-General
i: on the interpretation of any management plan for a park; and
ii: on any proposal for the addition of land to any national park or the establishment of a new national park; and
iii: on any other matter relating to any national park,— within the jurisdiction of the Board.
2: The Board having jurisdiction in respect of the Whanganui National Park shall, in carrying out its functions,—
a: have regard to the spiritual, historical, and cultural significance of the Wanganui River to the Whanganui iwi; and
b: seek and have regard to the advice of the trustees of Ngā Tāngata Tiaki o Whanganui (as defined by section 7 1952 No 54 s 26 1974 No 69 s 8 Section 30(1)﻿(a) replaced 10 April 1990 section 113(1) Conservation Law Reform Act 1990 Section 30(1)﻿(d) amended 1 April 1987 section 65(1) Conservation Act 1987 Section 30(1)﻿(e) repealed 10 April 1990 section 113(2) Conservation Law Reform Act 1990 Section 30(1)﻿(f) amended 1 April 1987 section 65(1) Conservation Act 1987 Section 30(2) inserted 10 April 1990 section 113(3) Conservation Law Reform Act 1990 Section 30(2)﻿(b) amended 21 March 2017 section 123(2) Te Awa Tupua (Whanganui River Claims Settlement) Act 2017
31: Board may release recommendations, reports, or advice to public
Section 31 repealed 19 July 1990 section 114(2) Conservation Law Reform Act 1990
32: Membership of boards
Section 32 repealed 19 July 1990 section 114(2) Conservation Law Reform Act 1990
33: Term of office of members of board
Section 33 repealed 19 July 1990 section 114(2) Conservation Law Reform Act 1990
34: Chairman of board
Section 34 repealed 19 July 1990 section 114(2) Conservation Law Reform Act 1990
35: Meetings of Board
Section 35 repealed 19 July 1990 section 114(2) Conservation Law Reform Act 1990
36: Director-General Section 36 repealed 19 July 1990 section 114(2) Conservation Law Reform Act 1990
37: Servicing of boards
Section 37 repealed 19 July 1990 section 114(2) Conservation Law Reform Act 1990
38: Fees and travelling expenses of members of board
Section 38 repealed 19 July 1990 section 114(2) Conservation Law Reform Act 1990
39: Public Bodies Meetings Act 1962 to apply to board
Section 39 repealed 1 March 1988 section 58(1) Local Government Official Information and Meetings Act 1987
4: Administration
40: Rangers
1: There may from time to time be appointed under the Public Service Act 2020
2: The Minister may from time to time appoint a suitable person to be a ranger in an honorary capacity for the purposes of this Act.
3: Any ranger may be appointed for a particular park or parks or to exercise his powers generally throughout New Zealand.
4: The Director-General shall supply to every ranger a written warrant signed by or on behalf of the Director-General evidencing the appointment, and the production of that warrant shall, in the absence of proof to the contrary, be sufficient proof of the appointment.
5: Every ranger shall, on the expiration of the term of his appointment, or on the sooner vacation of his office, surrender to the Director-General his warrant of appointment and any badge of office that may have been issued to him.
6: Every honorary ranger shall be appointed to hold office during the pleasure of the Minister or for such specified term as the Minister thinks fit.
7: No person appointed to be an honorary ranger shall, by virtue of that appointment, be deemed to be employed in the service of Her Majesty for the purposes of the Public Service Act 2020 Government Superannuation Fund Act 1956
8: Every constable, every warranted officer appointed under subsection (1) subsection (9) of section 59 Wildlife Act 1953 1952 No 54 ss 27A, 27B; 1968 No 136 ss 5(1), 6 Section 40(1) amended 7 August 2020 section 135 Public Service Act 2020 Section 40(7) amended 7 August 2020 section 135 Public Service Act 2020 Section 40(8) amended 10 April 1990 section 115 Conservation Law Reform Act 1990
41: Delegation of Minister's powers and functions
1: Subject to subsection (2), the Minister may from time to time delegate any of his powers and functions under this Act (except this power of delegation) to the Director-General, or to any other officer or officers of the Department specified by the Minister, either in respect of matters within his jurisdiction generally, or in any particular case or matter, or any particular class of cases or matters, or in respect of any national park or parks.
2: The Minister shall not delegate—
a: his powers and functions under sections 7 10 12
b: his power to consent to any action of the Director-General taken under this Act where that consent is required by this Act; or
c: his power to make bylaws under section 56
3: The officer or officers referred to in subsection (1) may be an officer or officers referred to by name or the officer or officers who for the time being and from time to time hold specified positions in the Department.
4: Subject to any general or special directions given or conditions attached by the Minister, any officer to whom any power or function has been so delegated may exercise that power or perform that function in the same manner and with the same effect as if it had been directly conferred on that officer by this Act and not by delegation.
5: Every officer purporting to act under any delegation under this section shall, in the absence of proof to the contrary, be presumed to be acting within the terms of that delegation.
6: Any such delegation may at any time be revoked by the Minister in whole or in any part, but that revocation shall not affect in any way anything done under the delegated authority before the revocation.
7: No such delegation shall prevent the exercise by the Minister himself of any of the powers and functions conferred on him by this Act.
42: Delegation of Director-General's powers and functions
1: Subject to subsection (2), the Director-General may from time to time delegate any of his powers and functions under this Act (except this power of delegation) to any officer or officers of the Department specified by him, either in respect of matters within his jurisdiction generally, or in any particular case or matter, or any particular class of cases or matters, or in respect of any national park or parks.
2: The Director-General shall not delegate any powers delegated to him by the Minister without the written consent of the Minister.
3: The officer or officers referred to in subsection (1) may be an officer or officers referred to by name or the officer or officers who for the time being and from time to time hold specified positions in the Department.
4: Subject to any general or special directions given or conditions attached by the Director-General, any officer to whom any power or function has been so delegated may exercise that power or perform that function in the same manner and with the same effect as if they had been conferred on him directly by this section and not by delegation.
5: Every officer purporting to act under any delegation under this section shall, in the absence of proof to the contrary, be presumed to be acting in accordance with the terms of that delegation.
6: Any such delegation may at any time be revoked by the Director-General in whole or in any part, but that revocation shall not affect in any way anything done under the delegated authority before the revocation.
7: No such delegation shall prevent the exercise by the Director-General himself of any of the powers and functions conferred on him by this Act.
5: Control and management of national parks
Administration of parks
43: Parks to be administered by Department
The Department shall, subject to this Act, and in accordance with—
a: any statements of general policy adopted under section 44
aa: any conservation management strategy for the time being in force in respect of a park; and
b: any management plan for the time being in force in respect of a park— administer and manage all national parks in such a manner as to secure to the public the fullest proper use and enjoyment of the parks consistent with the preservation of their natural and historic features and the protection and well-being of their native plants and animals. 1952 No 54 ss 15, 26; 1974 No 69 s 8 Section 43(aa) inserted 10 April 1990 section 116 Conservation Law Reform Act 1990 General policy statements
44: General policy for parks
1: The Authority may, in accordance with subsections (2) to (7), adopt statements of general policy for national parks and amend such statements so that they are adapted to changing circumstances or in accordance with increased knowledge.
2: Every statement of general policy shall be prepared initially in draft form by the Director-General in consultation with the Authority.
3: Unless the Authority acting under subsection (7) otherwise resolves, the Director-General shall, on the direction of the Authority,—
a: give notice by advertisement published in daily newspapers circulating in the cities of Auckland, Hamilton, Wellington, Christchurch, and Dunedin of the availability of the draft statement of general policy for public inspection; and
b: in that notice invite persons and organisations interested to lodge with the Director-General written comments on the draft statements of general policy before a date specified in the notice being not less than 2 months after the date of publication of the notice; and
c: make the draft statement of general policy available for public inspection, free of charge, during ordinary office hours at the office of the Director-General at Wellington and at such other places as the Authority decides
4: The Director-General shall convey any comments received by him, together with any comments of his own, to the Authority which shall review the draft statement of general policy.
5: Before adopting any statement of general policy the Authority shall submit the draft statement to the Minister for his comments.
6: In adopting any statement of general policy the Authority shall
7: The provisions of this section relating to the adoption of statements of general policy shall apply to every amendment of any such statement, except that the Authority may, if it thinks fit, resolve that the procedure specified in subsection (3) need not be followed.
8: Every current statement of general policy adopted by the Authority shall be available for public inspection free of charge during ordinary office hours at the office of the Director-General at Wellington and at such other places as the Authority decides Section 44(3)﻿(c) amended 1 April 1987 section 65(1) Conservation Act 1987 Section 44(6) amended 17 May 2005 section 3 National Parks Amendment Act 2005 Section 44(8) amended 1 April 1987 section 65(1) Conservation Act 1987 Conservation management strategies Heading inserted 10 April 1990 section 117 Conservation Law Reform Act 1990
44A: Conservation management strategies
1: Every conservation management strategy shall establish objectives for the management of national parks and any areas within any such parks, in the area to which it relates.
2: Nothing in any management plan shall derogate from the provisions of any conservation management strategy. Section 44A inserted 10 April 1990 section 117 Conservation Law Reform Act 1990 Management plans
45: Preparation of management plans
1: A management plan shall be prepared for each park in accordance with this section and sections 46 to 48
2: The management plan shall provide for the management of the park in accordance with this Act.
3: If, at the commencement of this Act, there is an approved management plan for a park, this section and sections 46 to 48
4: Where any management plan has been prepared but not approved at the commencement of this Act, that plan may be approved under section 48 section 47
5: Where a park is constituted after the commencement of this Act, a management plan shall be prepared in respect of that park within 2 years after constitution of that park. Section 45(4) replaced 23 November 1982 National Parks Amendment Act 1982
46: Amendment and review of management plans
1: The Director-General and the Board affected shall amend or review the management plan so that it takes account of increased knowledge or changing circumstances.
2: A management plan may be reviewed in whole or in part.
3: Every such plan shall be reviewed and that review approved as a whole at intervals of not more than 10 years in accordance with section 47
4: Subject to subsection (5), every amendment under this section shall be made in accordance with sections 47 (except subsection (1)) and 48
5: Where any such amendment is of such a nature that the Director-General and the Board affected consider that it will not materially affect the objectives or policies expressed in the plan or the public interest in the area concerned, the amendment shall be dealt with in accordance with sections 47 (except subsections (1) to (3)) and 48 Section 46 replaced 10 April 1990 section 118 Conservation Law Reform Act 1990
47: Procedure for preparing and reviewing management plans
1: Before preparing or reviewing a management plan for any park, the Director-General , and shall
a: give notice by advertisement published in a newspaper circulating in the area in which the park is situated and in daily newspapers circulating in the cities of Auckland, Hamilton, Wellington, Christchurch, and Dunedin of the intention to do so; and
b: in that notice, invite persons and organisations interested to send to the Director-General
2: Every management plan shall be prepared initially in draft form by the Director-General Director-General
a: give notice by advertisement published in a newspaper circulating in the area in which the park is situated and in daily newspapers circulating in the cities of Auckland, Hamilton, Wellington, Christchurch, and Dunedin that the draft plan is available for inspection at a place and at times specified in the notice, and calling upon persons or organisations interested to lodge with the Director-General
b: give notice in writing, so far as is practicable, to all persons and organisations who or which made written suggestions under subsection (1) stating that the draft plan has been prepared and is available for inspection at the place and during the times specified in the notice, and requiring any such person or organisation who or which desires to comment on the draft plan to make those comments in writing to the Director-General
c: make the draft management plan available for public inspection, free of charge, during ordinary office hours at places decided by the Director-General, and
3: The Board and the Director-General shall give every person or organisation who or which, in making any comments under subsection (2), asked to be heard in support of his or her or its comments a reasonable opportunity of appearing before a meeting of the representatives of the Board and the Director-General in support of his or her or its comments.
4: The Director-General may, after considering all comments and submissions made under subsections (2) and (3), amend any draft management plan in such manner as the Director-General thinks fit, and shall send it to the Board.
5: The Board shall consider the amendments made by the Director-General under subsection (4), and shall either—
a: send the draft back to the Director-General for further consideration and revision and after such consideration send the draft to the Authority for approval; or
b: send the draft to the Authority for approval.
6: With every recommendation made under subsection (5), the Board shall also send to the Authority—
a: a summary of the comments received and a statement of the extent to which they have or have not been accepted; and
b: statements of any matters relating to the management plan on which the Director-General and the Board have been unable to reach agreement.
7: In exercising their functions, duties, and powers under this section, the Board, the Director-General, and the Authority shall have regard to any relevant concessions for the time being in force. Section 47(1) amended 10 April 1990 section 119(1) Conservation Law Reform Act 1990 Section 47(1) amended 1 April 1987 section 65(1) Conservation Act 1987 Section 47(1)﻿(b) amended 1 April 1987 section 65(1) Conservation Act 1987 Section 47(2) amended 10 April 1990 section 119(2)﻿(a) Conservation Law Reform Act 1990 Section 47(2) amended 1 April 1987 section 65(1) Conservation Act 1987 Section 47(2)﻿(a) amended 1 April 1987 section 65(1) Conservation Act 1987 Section 47(2)﻿(b) amended 1 April 1987 section 65(1) Conservation Act 1987 Section 47(2)﻿(c) amended 10 April 1990 section 119(2)﻿(b) Conservation Law Reform Act 1990 Section 47(3) replaced 10 April 1990 section 119(3) Conservation Law Reform Act 1990 Section 47(4) replaced 10 April 1990 section 119(4) Conservation Law Reform Act 1990 Section 47(5) replaced 10 April 1990 section 119(4) Conservation Law Reform Act 1990 Section 47(6) inserted 10 April 1990 section 119(4) Conservation Law Reform Act 1990 Section 47(7) inserted 1 July 1996 section 4 National Parks Amendment Act 1996
48: Approval of management plans
1: The Authority shall consider the plan and the matters referred to it under section 47(6)
2: Before approving any management plan, the Authority shall, without limiting section 19
3: Every management plan shall have effect on the date on which it is approved by the Authority, or such later date as may be specified by the Authority.
4: Every approved management plan shall be available for public inspection during ordinary office hours, free of charge, at places decided by the Board, and Section 48(1) amended 27 March 2008 section 4 National Parks Amendment Act 2008 Section 48(4) amended 1 April 1987 section 65(1) Conservation Act 1987 Powers of Minister
49: Concessions
1: The Minister may, in accordance with Part 3B
2: Before granting any concession over a park, the Minister shall satisfy himself or herself that a concession—
a: can be granted without permanently affecting the rights of the public in respect of the park; and
b: is not inconsistent with section 4
3: The Minister may impose a reasonable charge for the use of any facilities (other than a path or track) provided by the Minister in or in respect of any park.
4: A concessionaire of any part of any park may, to the extent that the concessionaire's concession document so provides, impose a reasonable charge for the use of any facilities (other than a path or track) provided by the Minister in or in respect of the park.
5: Any person who—
a: has, in accordance with any concession or other consent of the Minister, erected any structure or facility in any park; or
b: uses for camping sites or for parking places for vehicles any part of any park; or
c: carries on any activity in any park— may, subject to the relevant conservation management strategy or management plan (if any) and the terms and conditions (if any) of the concession document concerned, impose a reasonable charge in respect of access to or the use of structures, sites, or places, or the carrying on or products of the activity.
6: Nothing in this section authorises any person to do anything on or in respect of any private land.
7: This section is subject to Part 2 section 8(1) Section 49 replaced 1 July 1996 section 5(1) National Parks Amendment Act 1996 Section 49(7) inserted 21 October 2000 section 22 Forests (West Coast Accord) Act 2000
50: Accommodation within parks
1: The Minister may, from time to time, in accordance with the management plan for a park, and on such terms and conditions as to design, materials, situation, custody, use, rental, inspection, maintenance, public access, or otherwise as he determines,—
a: establish, or authorise, or assist in the establishment by any body or person (whether incorporated or not), of camping grounds, huts, hostels, accommodation houses, hotels,
b:
c: erect or authorise the erection of accommodation for the use of rangers or officers of any department of State or other persons engaged in the administration, control, or management of the park or the protection of forests in or adjacent to the park:
d: grant concessions over or in respect of land within the park as sites for dwellings for persons or bodies (whether incorporated or not) carrying on any activity within the park.
2: In the exercise of the powers conferred by subsection (1), the Minister may permit the use of stone, gravel, or similar substances found in the park
3:
4: Notwithstanding subsection (1)
5: While a lease or licence granted under subsection (4) is in force, the following provisions shall apply:
a: the person or body carrying out any review of the management plan for the park shall have regard to the provisions of that lease or licence:
b: before granting a new lease or licence in place of that lease or licence, or a renewal of that lease or licence, the Minister shall have regard to the provisions of the management plan (if any) that is for the time being in force for the park. 1952 No 54 ss 28(1)﻿(c), (e), (f), (ii), (2), 30; 1964 No 102 s 2(1); 1968 No 136 s 5(2)﻿(a), (b) Section 50(1)﻿(a) amended 10 April 1990 section 121(1)﻿(a) Conservation Law Reform Act 1990 Section 50(1)﻿(b) repealed 1 July 1996 section 6(1)﻿(a) National Parks Amendment Act 1996 Section 50(1)﻿(d) replaced 1 July 1996 section 6(2) National Parks Amendment Act 1996 Section 50(2) amended 1 July 1996 section 6(1)﻿(b) National Parks Amendment Act 1996 Section 50(3) repealed 1 July 1996 section 6(1)﻿(c) National Parks Amendment Act 1996 Section 50(4) inserted 10 April 1990 section 121(2) Conservation Law Reform Act 1990 Section 50(4) amended 1 July 1996 section 6(1)﻿(d) National Parks Amendment Act 1996 Section 50(5) inserted 10 April 1990 section 121(2) Conservation Law Reform Act 1990
51: Farming within parks
1: This section applies to farming land and grazing land that, in the public interest, should continue to be farmed or grazed.
2: The Minister may, in accordance with the management plan for the park, grant concessions under section 49 Section 51 replaced 1 July 1996 section 7 National Parks Amendment Act 1996
51A: Other activities in parks
1: The Minister may do, or authorise a person to do, any thing that the Minister considers appropriate for the proper and beneficial management, administration, and control of a park.
2: If there is a management plan for the park, the Minister must not do, or authorise a person to do, any thing that is inconsistent with the management plan.
3: If the Minister authorises a person to do any thing, the Minister may impose any terms and conditions the Minister considers appropriate in the circumstances, including a condition requiring the payment of fees. Section 51A inserted 7 July 2010 section 5 National Parks Amendment Act 2010
52: Conservation Act 1987 to apply to leases and licences
Section 52 repealed 1 July 1996 section 8(1) National Parks Amendment Act 1996
53: Powers of Minister where services provided by the Crown
Section 53 repealed 1 July 1996 section 8(1) National Parks Amendment Act 1996
54: Minister may grant easements
Section 54 repealed 1 July 1996 section 8(1) National Parks Amendment Act 1996
55: Roads within park
1: This Act shall not confer on the Minister or the Department any jurisdiction or authority with respect to any public road that is within the boundaries of the park.
2: Except with the consent of the Minister given in accordance with the management plan for a park, no roads may be made over or through the park 1952 No 54 s 33 Section 55(2) amended 1 July 1996 section 9 National Parks Amendment Act 1996
56: Bylaws
1: The Minister may from time to time
a: the management, safety, and preservation of any park, and the safety and preservation of the native plants and animals in the park:
b: the safety and protection of the public using any parks:
c: excluding the public from any specified part or parts of any park:
d: prescribing the conditions on which persons shall have access to or be excluded from any park or any part of any park, or on which persons may use any building or facility in a park, and fixing charges for the admission of persons to any part of any park set apart for any specified purpose of public recreation and for the use of any such building or facility:
e: prescribing conditions for the use of camping sites, or picnic places in any park, and fixing charges for the use of any such camping sites, or picnic places:
f: prohibiting or regulating the use or parking of vehicles or the use or mooring of boats in any park:
g: setting apart and prescribing conditions and fixing charges for the use of parking areas within any park, and providing for the removal from any such area of any motor vehicle parked there in breach of any such condition:
h: prohibiting or regulating the use of any internal combustion engine in any park, whether or not that engine is the means of propulsion of any vehicle, boat, machinery, or appliance:
i: prescribing conditions on which persons may be permitted to enter or remain in any wilderness area within any park:
j: prescribing the safety devices to be fitted to any machinery or device operated in any park under the authority of any agreement, lease, or licence made or granted by the Minister, and regulating the operation and maintenance of such machinery or devices:
k: prohibiting the hovering over or landing of any aircraft on any part of a park:
l: prescribing conditions upon which operators and pilots in command of aircraft may land and take off or set down, pick up, or recover within any park any person, livestock, carcass, or article of any description:
m: prescribing fines, not exceeding $5,000 in any one case, for the breach of any bylaw made under paragraphs (a) to (j):
n: prescribing fines, not exceeding $10,000 in any one case, for the breach of any bylaw made under paragraphs (k) to (l).
2: Bylaws may be made under subsection (1) in respect of parks generally, or in respect of any 1 or more of those parks.
3: Publication of the bylaws in accordance with subsection (4) is
4: Bylaws under this section are secondary legislation ( see Part 3 1952 No 54 ss 38–40; 1970 No 92 s 2; 1973 No 80 s 3; 1977 No 82 s 6(1) The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section that is drafted by the PCO under an agreement with the Agency. Legislation Act 2019 requirements for secondary legislation made under this section that is drafted by the PCO under an agreement with the Agency Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 ss 67(d)﻿(iii) 69(1)﻿(c) cl 23 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It is not disallowable LA19 ss 115 116 This note is not part of the Act. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for all other secondary legislation made under this section. Legislation Act 2019 requirements for all other secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)﻿(a) cl 14 Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 56(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 56(1)﻿(d) replaced 10 April 1990 section 124 Conservation Law Reform Act 1990 Section 56(1)﻿(m) replaced 25 October 2013 section 10 Conservation (Natural Heritage Protection) Act 2013 Section 56(1)﻿(n) replaced 25 October 2013 section 10 Conservation (Natural Heritage Protection) Act 2013 Section 56(3) amended 28 October 2021 regulation 9 Legislation Act (Amendments to Legislation) Regulations 2021 Section 56(3) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 56(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
5A: Control of dogs
Part 5A inserted 2 May 1996 National Parks Amendment Act (No 2) 1996
56A: Restrictions in relation to dogs
Except as provided in this Act or in any bylaws made under this Act, no person, being an owner of a dog or a person in charge of a dog, shall allow that dog to be in a national park. Section 56A inserted 2 May 1996 National Parks Amendment Act (No 2) 1996
56B: Dog control permits
1: Subject to section 56C
2: Without limiting the generality of subsection (1), it is hereby declared that the Director-General 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
b: by a person who is—
i: a person classified under section 21(1)
ii: a person disqualified under section 25
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 section 26ZZQ section 56I
v: a person who has been convicted of an offence against the Wildlife Act 1953 Marine Mammals Protection Act 1978 Trade in Endangered Species Act 1989
3: Every dog control permit issued under subsection (1) shall be subject to—
a: the condition that the holder carry the permit on his or her person whenever the holder is in a national park and is accompanied by the dog; and
b: such other conditions as the Director-General thinks fit to impose.
4: Every dog control permit issued under subsection (1) shall state the activity and purpose for which it is issued. Section 56B inserted 2 May 1996 National Parks Amendment Act (No 2) 1996
56C: Requirements in relation to dog control permits
1: The Director-General, in exercising his or her powers under subsection (1) or subsection (3)﻿(b) of section 56B
a: any actual or potential risk to protected wildlife vulnerable to dogs that is on or in the vicinity of the national park or the part of the national park in respect of which the permit is sought:
b: the purposes for which national parks are held:
c: the provisions of any relevant statement of general policy, management strategy, or management plan
d: the need to preserve the safety of members of the public who are likely to be in the national park or in the vicinity of the national park:
e: any conflict between—
i: dogs or people with dogs; and
ii: other users of the national park— that may or will occur in the national park or in relation to the use of the national park.
2: The Director-General shall not issue a dog control permit under section 56B(1)
a: that a dog is essential for the proposed activity; and
b: that the proposed activity—
i: is lawful; and
ii: is not inconsistent with the purposes of this Act or the relevant management strategy or management plan Section 56C inserted 2 May 1996 National Parks Amendment Act (No 2) 1996 Section 56C(1)﻿(c) amended 26 March 2015 section 4(1) National Parks Amendment Act 2015 Section 56C(2)﻿(b)﻿(ii) amended 26 March 2015 section 4(2) National Parks Amendment Act 2015
56D: Power to amend or revoke dog control permit
The Director-General may amend or revoke a dog control permit issued under section 56B(1) Section 56D inserted 2 May 1996 National Parks Amendment Act (No 2) 1996
56E: Persons authorised to take dogs into national park area without dog control permit
1: Any person being—
a: a Police employee
b: a ranger; or
c: an officer or employee of the Department; or
d: a Customs Officer; or
e: a search and rescue person— 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 national park.
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 national park.
3: Any person who uses a companion dog may, without being the holder of a dog control permit, take that companion dog into a national park. Section 56E inserted 2 May 1996 National Parks Amendment Act (No 2) 1996 Section 56E(1)﻿(a) amended 1 October 2008 section 130(1) Policing Act 2008
56F: Seizure and destruction of dogs
1: Any ranger who finds a dog in a national park may, unless that dog is in the national park in accordance with—
a: a bylaw made under this Act; or
b: a dog control permit issued under section 56B
c: section 56E seize that dog.
2: Where a dog is in a national park by virtue of a permit issued under section 56B
a: the dog is not in the immediate vicinity of the holder of the permit and the ranger 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 of the permit or any provision of any bylaw made under this Act is not being observed in relation to the dog; or
c: the holder of the permit is in the immediate vicinity of the dog but the ranger has good cause to suspect that the holder of the permit is unwilling or unable to control the dog; or
d: the dog has caused injury to any person or to any protected wildlife or has killed any protected wildlife.
3: Where a dog is at large in a national park and a ranger or any other person has good cause to suspect—
a: that any condition of a dog control permit or any provision of any bylaw made under this Act is not being observed in relation to that dog; or
b: that dog is likely to cause annoyance or distress to any person or animal; or
c: that dog is likely to damage any property in the national park; or
d: that dog has caused annoyance or distress to any person or animal; or
e: that dog has damaged any property in the national park; or
f: that dog has caused injury to any person or to any protected wildlife or has killed any protected wildlife,— that ranger or other person may seize that dog.
4: Where a ranger has, under any provision of subsections (1) to (3), power to seize a dog but is of the opinion that it is impracticable to do so, that ranger may, without any further inquiry, destroy that dog. Section 56F inserted 2 May 1996 National Parks Amendment Act (No 2) 1996
56G: Disposal of seized dogs
1: Where a ranger or any other person seizes a dog under any provision of section 56F
a: cause that dog to be returned to its owner; or
b: hold the dog in a kennel under the Department's custody; or
c: place the dog in the custody of a territorial authority to be impounded under section 69
2: Where a dog is held by the Department under subsection (1)﻿(b), the following provisions shall apply:
a: the Director-General may, in his or her discretion, return the dog to its owner subject to payment by the owner of any charges incurred, unless the Director-General, in his or her discretion, decides to waive or reduce the charges:
b: the Director-General or an employee of the Department shall, as soon as practicable after the dog has been seized,—
i: give written notice to the nearest territorial authority that the dog has been seized and is held by the Department and shall include in that notice 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 Director-General thinks fit; and after the expiry of that period the Director-General may so dispose of the dog:
c: where the owner of the dog is not known and cannot be identified, the Director-General 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 Director-General thinks fit:
d: 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.
3: Where a dog that is not registered under the Dog Control Act 1996 section 42
4: Except as provided in subsection (1)﻿(c), nothing in section 69 Section 56G inserted 2 May 1996 National Parks Amendment Act (No 2) 1996
56H: Recovery of costs relating to dogs
1: The reasonable costs of the seizure, holding, maintaining, or destruction of a dog under this Part shall constitute a debt due to the Crown by the owner of the dog and, subject to subsection (2), shall be recoverable by the Director-General from the owner of the dog.
2: The Director-General may, in the Director-General'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. Section 56H inserted 2 May 1996 National Parks Amendment Act (No 2) 1996
56I: Offences
1: Every person commits an offence against this Act and is liable on
a: being the owner of a dog or a person in charge of a dog, allows that dog, in contravention of section 56A
b: being a person who is authorised, by or under this Act, to take a dog into a national park, fails to keep under proper control a dog that he or she has taken into a national park; or
c: being the owner or a person in charge of a dog, fails to comply with any condition of a dog control permit.
2: Without limiting the generality of subsection (1)﻿(b), a dog shall, for the purposes of this Act, be deemed not to be under proper control if it is found at large in a national park. Section 56I inserted 2 May 1996 National Parks Amendment Act (No 2) 1996 Section 56I(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011
56J: Power of ranger to request information
1: Any ranger may, for the purposes of dog control in any national park request any person who is in that national park 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.
2: Every person commits an offence and is liable on
3: Any ranger who is a constable and who—
a: has good cause to suspect that an offence against subsection (2) has been committed by any person; and
b: has warned that person of the provisions of this subsection; and
c: has good cause to suspect that a further offence against subsection (2) has been committed by that person subsequent to the warning,— may arrest that person without a warrant. Section 56J inserted 2 May 1996 National Parks Amendment Act (No 2) 1996 Section 56J(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
56K: Evidence in proceedings
1: Subject to subsections (3) and (4), in any proceedings in respect of an offence against any provision of this Part, a certificate purporting to be signed by the Director-General or any officer authorised by the Director-General for that purpose to the effect that, on a date specified in the certificate, the defendant or other named person was not the holder of a dog control permit 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 Director-General, or any officer of the Department duly authorised by the Director-General in that behalf, shall, in any proceedings for an offence against this Part, be sufficient, in the absence of proof of the contrary, to prove that licence or other document.
3: 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, in any proceedings for an offence against this Part, be prima facie evidence of the certificate or copy without proof of the signature of the person appearing to have signed it.
4: The production of any certificate or copy of any document signed by the Director-General and certifying that the land upon which any offence is alleged to have taken place was included within a national park shall, in any proceedings for an offence against this Part, be sufficient evidence that the land was within a national park. Section 56K inserted 2 May 1996 National Parks Amendment Act (No 2) 1996
56L: Strict liability
1: In any prosecution for any offence against any provision of section 56I
2: 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
b: that—
i: in any case where it is alleged that anything required to be done was not done, the defendant took all reasonable steps to ensure that it was done; or
ii: in any case where it is alleged that anything prohibited was done, that the defendant took all reasonable steps to ensure that it was not done. Section 56L inserted 2 May 1996 National Parks Amendment Act (No 2) 1996
6: Financial provisions
57: Application of revenue from national parks
1: All money received by way of rent, penalties, fee, fines, royalties, donations, subsidies, or otherwise under this Act shall be paid in accordance with the Public Finance Act 1989
2: Notwithstanding subsection (1), where any money has been received under this Act by way of gift or bequest and the person who gave or bequeathed the money has directed that the money shall be used for any particular purpose or purposes or in any particular park or parks, that money shall be applied only in accordance with those directions. Section 57(1) amended 25 January 2005 section 83(7) Public Finance Act 1989 Section 57(1) amended 1 July 1989 section 86(1) Public Finance Act 1989
58: Application of proceeds where land excluded from national park
1: Where any land is excluded from any park and the land is subsequently alienated by the Crown the proceeds of the alienation shall be paid into a Crown Bank Account
a: except in a case to which paragraph (b) applies, an amount equal to the proceeds of the sale may, if the Minister so directs, be paid out of public money section 57
b: where the land is sold on deferred-payment licence or is granted on Crown lease, there may, if the Minister so directs, be paid out of public money section 57
i: an amount equal to the purchase price payable under the deferred-payment licence, or, as the case may be, the rental value of the lease; or
ii: an amount equal to the instalments (including interest) paid under the deferred-payment licence, or, as the case may be, the rent paid under the lease.
2: Where, before the commencement of this Act, any land was excluded from a national park, then, notwithstanding anything in any other Act, subsection (1) shall apply with respect to the proceeds of any alienation of the land received after the commencement of this Act as if the land had been excluded from the national park under section 11 1977 No 66 s 82 Section 58(1) amended 25 January 2005 section 83(7) Public Finance Act 1989 Section 58(1) amended 1 July 1989 section 86(1) Public Finance Act 1989 Section 58(1)﻿(a) amended 1 July 1989 section 86(1) Public Finance Act 1989 Section 58(1)﻿(b) amended 1 July 1989 section 86(1) Public Finance Act 1989
59: Local authorities may make contributions for national park purposes
Any local authority may from time to time make contributions out of its general fund or account towards the cost of acquisition by the Crown of any land or interest in land for national park purposes or for the management, improvement, and maintenance of any national park, or of any part of a national park, notwithstanding that the national park may be situated outside the district of that local authority. 1952 No 54 s 51
7: Offences
60: Offences in parks
1: Every person commits an offence against this Act who, without being authorised by the Minister (the proof of which shall be on the person charged) or by any bylaw made under this Act,—
a: causes or allows any animal owned by him or under his control to trespass on any park; or
b: takes any animal into or liberates any animal in any park; or
c: plants any plant, or sows or scatters the seed of any plant, or introduces any substance that he knows or ought to have known is injurious to plant or animal life, in any park; or
d: removes or wilfully damages any, or any part of, any plant, stone, mineral, gravel, kauri gum, protected New Zealand object
e: wilfully digs, cuts, excavates, or damages the turf in any park; or
f: occupies or uses any land in a park for cultivation or any other purpose; or
g: wilfully damages or defaces any fence, building, or apparatus in any park; or
h: takes or destroys or wilfully injures or in any manner disturbs or interferes with any native animal or the nest or eggs of any native animal in any park; or
i: erects any building, sign, hoarding, or apparatus in any park; or
j: conducts in any park any activity for which a concession is required under this Act; or
k: in any way interferes with or damages the natural or historic features of any park; or
l: contravenes or fails to comply with section 51A
2: Every person commits an offence against this Act who—
a: when required by notice from the Minister or the Director-General
b: being the driver of any vehicle or the pilot of any aircraft or the person in charge of any boat that is illegally in a park or part of a park, fails or refuses to remove it from the park or part of a park when required to do so by any ranger; or
c: without a concession concession
d: unlawfully alters, obliterates, defaces, pulls up, removes, interferes with, or destroys any boundary marks, or any stamp, mark, sign, poster, intentions book, concession
3: Every person commits an offence against this Act who uses, receives, sells, or otherwise disposes of any item specified in paragraph (d) or paragraph (h) of subsection (1) knowing it to have been removed unlawfully from any park.
4: Every person commits an offence against this Act who, without being authorised by the Minister (the proof of which shall be on the person charged),—
a: is in possession of any chainsaw or any firearm, trap, net, or other like object in a park; or
b: discharges any firearm in a park; or
c: from outside a park, shoots at any animal or any other object or thing inside the park with any firearm.
5: Where any person is found discharging a firearm in contravention of subsection (4), section 61(6)
6: Any person convicted of an offence under this section shall, in addition to any penalty for which he may be liable for the offence, be liable to pay the cost of repairing or restoring any damage done to the park, or to any plant or property growing or being in the park in the course of committing such an offence.
7:
8: For the purpose of subsection (6) 1952 No 54 s 54; 1955 No 75 s 2; 1968 No 136 s 5(2)﻿(d); 1974 No 69 s 10; 1977 No 82 ss 7(1), (3), 8(1), 9 Section 60(1)﻿(d) amended 1 November 2006 section 35 Protected Objects Amendment Act 2006 Section 60(1)﻿(j) replaced 1 July 1996 section 10(1) National Parks Amendment Act 1996 Section 60(1)﻿(l) inserted 1 July 1996 section 10(2) National Parks Amendment Act 1996 Section 60(2)﻿(a) amended 1 April 1987 section 65(1) Conservation Act 1987 Section 60(2)﻿(c) amended 1 July 1996 section 10(3)﻿(a) National Parks Amendment Act 1996 Section 60(2)﻿(d) amended 1 July 1996 section 10(3)﻿(b) National Parks Amendment Act 1996 Section 60(7) repealed 25 October 2013 section 11(1) Conservation (Natural Heritage Protection) Act 2013 Section 60(8) amended 25 October 2013 section 11(2) Conservation (Natural Heritage Protection) Act 2013 Section 60(8) amended 1 July 2013 section 413 Criminal Procedure Act 2011
61: Seizure and forfeiture of property
1: Any ranger may seize any item found in the possession of any person in a park, if he has reasonable cause to believe that that person, in obtaining possession of the item, committed an offence against this Act.
2:
3: If, in any case to which paragraph (a) or (b) applies, in proceedings charge then, despite subpart 6
a: in any case where the item seized is protected wildlife or the nest or egg of any protected wildlife or the body of any protected wildlife, or any part thereof, it shall be Wildlife Act 1953
b: in any case where the item seized is a protected New Zealand object
i: where, under the Protected Objects
ii: in any other case, it shall be delivered to the person who is entitled to its custody under the Protected Objects
c:
4: Where in proceedings taken within that period in respect of that offence against the person from whom the property was seized, the defendant is convicted of the offence in respect of which the property was seized, then—
a: in any case where that property is protected wildlife or the nest or egg of any protected wildlife or the body of any protected wildlife, or any part thereof, it shall be forfeited to the Crown and shall be dealt with under the Wildlife Act 1953
b: in any case where the item seized is a protected New Zealand object
i: where, under the Protected Objects
ii: in any other case, it shall be delivered to the person who is entitled to its custody under the Protected Objects
c: in the case of any other item, it shall be forfeited to the Crown.
4A: Subsection (4) applies as if a person were convicted of an offence if an infringement notice is issued to the person or a charging document is filed against the person in relation to an infringement offence and any of the following occurs:
a: the infringement fee for the offence is paid:
b: a copy of a reminder notice in respect of the infringement offence is filed or a reminder notice is deemed to have been filed in a court under section 21
c: the informant and the person enter into an arrangement under section 21(3A)
d: the person is found guilty, or admits the commission, of the infringement offence.
5: All buildings, signs, hoardings, fences, or apparatus erected in any park without the written consent of the Minister shall be forfeited to the Crown.
6: Any chainsaw, firearm, trap, net, or other like item found in the unlawful possession of any person in any park, and any item found in the possession of any person in any park and used in committing an offence in the park, may be seized by any ranger
7: Subject to subsection (3), the provisions of Part 4 subpart 3
8: A court may direct that an item seized under subsection (6) be forfeited to the Crown if—
a: proceedings for an offence are taken against the person from whom the item was seized within 6 months after the seizure and the court enters a conviction against the person; or
b: proceedings for an infringement offence are commenced against the person from whom the item was seized by filing a charging document within 6 months after the seizure and the person is found guilty, or admits the commission, of an infringement offence.
8A: If proceedings are not commenced within 6 months after the seizure, or if the court does not direct that the item be forfeited to the Crown, the item must be returned to the person from whom it was seized.
9: Every item that is forfeited to the Crown under this section shall be returned to the park or sold or otherwise disposed of in such manner as the Minister directs.
10: The proceeds of the sale or disposal of anything sold or otherwise disposed of under this section shall be dealt with under section 57 1952 No 54 s 54(8) Section 61(2) repealed 1 October 2012 section 285(2) Search and Surveillance Act 2012 Section 61(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 61(3) amended 1 October 2012 section 285(3)﻿(a) Search and Surveillance Act 2012 Section 61(3) amended 1 October 2012 section 285(3)﻿(b) Search and Surveillance Act 2012 Section 61(3) amended 1 October 2012 section 285(3)﻿(c) Search and Surveillance Act 2012 Section 61(3)﻿(a) amended 1 April 1987 section 65(1) Conservation Act 1987 Section 61(3)﻿(b) amended 1 November 2006 section 35 Protected Objects Amendment Act 2006 Section 61(3)﻿(b)﻿(i) amended 1 November 2006 section 35 Protected Objects Amendment Act 2006 Section 61(3)﻿(b)﻿(ii) amended 1 November 2006 section 35 Protected Objects Amendment Act 2006 Section 61(3)﻿(c) repealed 1 October 2012 section 285(3)﻿(d) Search and Surveillance Act 2012 Section 61(4)﻿(b) amended 1 November 2006 section 35 Protected Objects Amendment Act 2006 Section 61(4)﻿(b)﻿(i) amended 1 November 2006 section 35 Protected Objects Amendment Act 2006 Section 61(4)﻿(b)﻿(ii) amended 1 November 2006 section 35 Protected Objects Amendment Act 2006 Section 61(4A) inserted 21 December 2018 section 30(1) Conservation (Infringement System) Act 2018 Section 61(6) amended 1 October 2012 section 285(4) Search and Surveillance Act 2012 Section 61(7) replaced 1 October 2012 section 285(5) Search and Surveillance Act 2012 Section 61(8) replaced 21 December 2018 section 30(2) Conservation (Infringement System) Act 2018 Section 61(8A) inserted 21 December 2018 section 30(2) Conservation (Infringement System) Act 2018
62: Trespassing animals
1: Any animal that is found trespassing on a national park may be seized by any ranger or person called upon by him for assistance.
2: Where any such animal is unbranded or unregistered and has no reputed owner, it shall be forfeited to the Crown, and the Minister may cause it to be destroyed, sold, or otherwise disposed of as he thinks fit.
3: Where any such animal is branded or registered or has a reputed owner, the Minister may—
a: give written notice to the reputed owner, or his agent, or any person who ought to have charge of the animal; or
b: issue, once a week for 2 consecutive weeks in some newspaper circulating in the locality, a notice,— calling on the owner or reputed owner to remove the animal from the park or from any other place to which it may have been transferred, and giving warning that, if the animal is not removed within 14 days after the date of the first notice, it may be destroyed, sold, or otherwise disposed of.
4: If any animal referred to in subsection (3) is not so removed within the period mentioned in the notice, the Minister may cause it to be destroyed, sold, or otherwise disposed of.
5: Any person convicted of an offence against section 60(1)﻿(a)
a: any costs incurred by the Minister in giving or issuing any notice under subsection (3); and
b: the expenses of mustering, keeping, destroying, selling, or otherwise disposing of the animal in accordance with this section; and
c: the cost of repairing or restoring any damage done to the park by the animal.
6: The costs and expenses referred to in subsection (5) shall be assessed by a District Court Judge and shall be recoverable
7: All money received by the Minister under this section shall be paid into a Crown Bank Account section 57
8: Nothing in this section applies to wild animals (as defined in section 2 1952 No 54 s 54(5)–(7); 1977 No 82 s 9(2)﻿(d) Section 62(6) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 62(7) amended 25 January 2005 section 83(7) Public Finance Act 1989 Section 62(8) inserted 25 November 1994 National Parks Amendment Act 1994
63: Offences in respect of rangers
Every person commits an offence against this Act who—
a: wilfully obstructs a ranger while acting in the execution of any of the functions, powers, or duties conferred or imposed on him by this Act:
b: fails to state information or produce evidence required under section 64A
c: not being a ranger, represents himself to be a ranger. Section 63(b) replaced 21 December 2018 section 31 Conservation (Infringement System) Act 2018
64: Power to interfere to prevent offending
1: Any ranger may summarily interfere to prevent any offence against this Act or any bylaw made under this Act, and may require any person found offending to desist from the offence.
2: If any person when required to desist from an offence against this Act continues the offence, he commits a further offence against this Act. 1952 No 54 s 52(1); 1965 No 98 s 2 Section 64 heading replaced 21 December 2018 section 32 Conservation (Infringement System) Act 2018
64A: Power to require information
1: This section applies if a ranger believes on reasonable grounds that a person has committed or is committing an offence against this Act or any bylaws made under this Act.
2: The ranger may require the person to—
a: state the person’s full name, residential address, and date of birth; and
b: provide evidence, as soon as practicable, of the person’s full name, residential address, and date of birth. Section 64A inserted 21 December 2018 section 33 Conservation (Infringement System) Act 2018
65: Ranger may stop and search boats, vehicles, premises, and possessions in park
1: Any ranger may, in the exercise of his functions, powers, and duties within any park, at any time that is reasonable in the circumstances,
a: search, and for that purpose, stop and detain, any vehicle, or any riding or pack animal, or any boat, or any aircraft while on the ground or on the water, and search any tent, caravan, hut, or bach, if he has reasonable cause to believe—
i: that any offence against this Act or any bylaw made under this Act has been committed by the owner or person in possession or occupation thereof or by any other person; and
ii: that evidence relating to the offence will be found in the course of that search; and
b: in the presence of the owner or other person in possession, open and search any parcel, package, case, bag, luggage, or other container in or on that vehicle, riding or pack animal, boat, aircraft, tent, caravan, hut, or bach.
2: The provisions of Part 4 subpart 3 sections 118 119 1952 No 54 s 52A(d); 1977 No 82 s 7(1) Section 65(1) amended 10 April 1990 section 125(1) Conservation Law Reform Act 1990 Section 65(2) replaced 1 October 2012 section 285(6) Search and Surveillance Act 2012
66: Stopping and searching boats outside parks
1: Any authorised officer who has good cause to suspect that an offence against this Act or any bylaws made under this Act has been committed on or from or in respect of any boat or by any person on any boat, may, while that boat is within the territorial sea of New Zealand, and if he has reasonable cause to believe that evidence relating to the offence is on that boat,—
a: at any time that is reasonable in the circumstances,
b: inspect, seize, and detain any specimens of plants or animals, rock, mineral, soil, or protected New Zealand objects
c: arrest without warrant any person whom he has good cause to suspect of having committed such an offence.
2: The provisions of Part 4 subpart 3
3:
4: Every person commits an offence against this Act who in any way prevents or attempts to prevent any authorised officer or any assistant of any authorised officer from exercising any power conferred by this section.
5: Section 61
6: In this section the term authorised officer
a: the officer in command of any vessel of the New Zealand Naval Forces; and includes any person under his command and authorised by him to act in any particular case:
b: any ranger:
c: any officer of the Department specifically authorised in writing by the Minister to act under this section:
d: any constable:
e: the master of any New Zealand Government ship within the meaning of section 2(1) of the Shipping and Seamen Act 1952. 1977 No 66 s 100 Section 66(1)﻿(a) amended 10 April 1990 section 126(1) Conservation Law Reform Act 1990 Section 66(1)﻿(b) amended 1 November 2006 section 35 Protected Objects Amendment Act 2006 Section 66(2) replaced 1 October 2012 section 285(7) Search and Surveillance Act 2012 Section 66(3) repealed 1 October 2012 section 285(7) Search and Surveillance Act 2012
67: Proceedings in respect of offences
1: Only the Director-General, or some person appointed by the Director-General or by the Minister, may file a charging document for an offence against this Act or any bylaws made under this Act.
2: An appointment under subsection (1) may be for the purpose of filing a charging document in respect of a particular offence, or may be a general appointment to file charging documents in respect of offences.
3: Any officer in the department, although not the person who filed the charging document, may appear and conduct the prosecution in any proceedings for offences against this Act or any bylaws made under this Act. Section 67 replaced 1 July 2013 section 413 Criminal Procedure Act 2011
68: Time for filing charging document
Despite anything to the contrary in section 25 Section 68 replaced 1 July 2013 section 413 Criminal Procedure Act 2011
69: Presumptions relating to offences
1: If, in the vicinity of a park, any person is found in possession of any plant, stone, mineral, egg, nest, animal, taonga tūturu
2: In any proceedings for an offence under this Act or any bylaws made under this Act, it shall be presumed in the absence of proof to the contrary, that all maps, plans, and copies of maps or plans appearing to be certified as true under the hand of a Chief Surveyor are so certified without production of the original records and without the personal attendance of those officers or proof of their signatures. 1952 No 54 s 57; 1968 No 136 s 5(2)﻿(e) Section 69(1) amended 1 November 2006 section 35 Protected Objects Amendment Act 2006
69A: Penalties for certain offences
1: Every person who commits an offence against any of the provisions listed in subsection (2) subsection (3)
2: The provisions are—
a: section 13(5)
b: section 60(1)﻿(a) to (i), (k), and (l)
c: section 60(2)﻿(a) and (b)
d: section 60(4)﻿(b) and (c)
e: section 63(a)
3: The penalties are,—
a: in the case of an individual, imprisonment for a term not exceeding 2 years or a fine not exceeding $100,000, or both:
b: in the case of a body corporate, a fine not exceeding $200,000:
c: in any case, where the offence is a continuing one, a further fine not exceeding $10,000 for every day on which the offence continues. Section 69A inserted 25 October 2013 section 12 Conservation (Natural Heritage Protection) Act 2013
69B: Penalties for offences committed for commercial gain or reward
1: If a person is convicted of an offence against this Act and, on sentencing for that offence, the court is satisfied beyond reasonable doubt that the offence was committed for the purpose of commercial gain or reward (whether or not any gain or reward is realised), the person is liable instead of any penalty otherwise prescribed to,—
a: in the case of an individual, imprisonment for a term not exceeding 5 years or a fine not exceeding $300,000, or both:
b: in the case of a body corporate, a fine not exceeding $300,000:
c: in any case, where the offence is a continuing one, a further fine not exceeding $20,000 for every day on which the offence continues.
2: Subsection (1) Section 69B inserted 25 October 2013 section 12 Conservation (Natural Heritage Protection) Act 2013
70: Penalties
Every person who commits an offence against this Act for which no penalty is prescribed elsewhere in this Act is liable on conviction to,—
a: in the case of an individual, imprisonment for a term not exceeding 1 year or a fine not exceeding $100,000, or both:
b: in the case of a body corporate, a fine not exceeding $200,000:
c: in any case, where the offence is a continuing one, a further fine not exceeding $10,000 for every day on which the offence continues. Section 70 replaced 25 October 2013 section 13 Conservation (Natural Heritage Protection) Act 2013
70A: Sentence of community work
A court may sentence any individual who is convicted of an offence Part 2 Section 70A inserted 25 October 2013 section 13 Conservation (Natural Heritage Protection) Act 2013 Section 70A amended 21 December 2018 section 34 Conservation (Infringement System) Act 2018
71: Removal and disposal of abandoned boats and vehicles, and vehicles parked in prohibited places
1: Any officer or employee of the Department who has reasonable cause to believe that any boat or vehicle has been abandoned in a park may remove it or cause it to be removed to any place authorised by the Minister for that purpose.
2: Where the Minister has appropriated any part of a park for parking of vehicles, any officer or employee of the Department may remove to any place so appropriated any vehicle that is parked on any part of the park where the parking of vehicles is prohibited.
3: Where any vehicle is so removed, the owner or other person in charge of the vehicle shall be liable to the Crown for the cost of removing the vehicle and for the charges that, under bylaws made under this Act, would be payable for the use of that parking space if the vehicle had been parked there by the owner or other person in charge.
4: Unless, within 2 months after the date on which a vehicle is removed under subsection (1) or subsection (2), the owner or some other person removes the vehicle from the park or other place where it is stored and pays to the Minister on behalf of the Crown the cost of removing and storing it under subsection (1) or, as the case may be, the cost of removing it under subsection (2) and the parking charges payable under that subsection, then,—
a: if the vehicle—
i: is not a motor vehicle; or
ii: is a motor vehicle and no licence to use the vehicle for the current licensing year is affixed to it,— the Minister may give not less than 14 days' notice by advertisement in 2 issues of a newspaper circulating in the district in which the park is situated, of his intention to sell or destroy the vehicle:
b: if—
i: the vehicle is a motor vehicle; and
ii: a licence to use the vehicle for the current licensing year is affixed to it,— the Minister may give not less than 14 days' notice to the person last registered under Part 17
5: Any notice under subsection (4)﻿(b) may be given by personal delivery to the person in question
6: Unless, before the expiry of the notice given under subsection (4), the owner of the vehicle—
a: pays to the Minister on behalf of the Crown the cost of removing and storing the vehicle under subsection (1), or, as the case may be, the cost of removing it under subsection (2) and the parking charges payable under that subsection, and, in either case, the cost of any advertisements published under this section; and
b: removes the vehicle from the park or other place to which it was removed,— the Minister may, at any time after the expiry of the notice, sell the vehicle to any person who shall thereupon become the lawful owner of the vehicle, or the Minister may cause the vehicle to be destroyed.
7: The proceeds of the sale of any vehicle sold in accordance with this section shall be the property of the Crown and shall be paid into a Crown Bank Account section 57
8: For the purposes of this section, and without limiting the meaning of the term abandoned
9: In this section expressions defined in the Land Transport Act 1998 1952 No 54 s 57A; 1974 No 69 s 11 Section 71(4)﻿(b) amended 1 May 2011 section 35(4) Land Transport Amendment Act 2009 Section 71(5) amended 1 May 2011 section 35(4) Land Transport Amendment Act 2009 Section 71(7) amended 25 January 2005 section 83(7) Public Finance Act 1989 Section 71(9) amended 1 May 2011 section 35(4) Land Transport Amendment Act 2009 Section 71(9) amended 1 March 1999 section 215(1) Land Transport Act 1998
7A: Infringement offences
Part 7A inserted 21 December 2018 section 35 Conservation (Infringement System) Act 2018
71A: Relationship with other offences
Nothing in this Part prevents the prosecution of, and conviction for, an offence in any other Part of this Act (instead of proceeding under this Part). Section 71A inserted 21 December 2018 section 35 Conservation (Infringement System) Act 2018
1: Infringement offences
Subpart 1 inserted 21 December 2018 section 35 Conservation (Infringement System) Act 2018
71B: Specially protected areas
1: A person must not—
a: enter or remain in a specially protected area, except under the authority of a permit issued under section 13
b: fail to comply with a condition contained in a permit.
2: A person who fails to comply with this section commits an infringement offence. Section 71B inserted 21 December 2018 section 35 Conservation (Infringement System) Act 2018
71C: Control of dogs
1: An owner or a person in charge of a dog must not—
a: allow the dog to be in a national park in contravention of section 56A
b: fail to comply with a condition of a dog control permit.
2: A person who is authorised by or under this Act to take a dog into a national park must keep a dog that the person takes into a national park under proper control.
3: For the purposes of subsection (2), a dog is deemed not to be under proper control if it is found at large in a national park.
4: Subsection (3) does not limit subsection (2).
5: A person who fails to comply with this section commits an infringement offence. Section 71C inserted 21 December 2018 section 35 Conservation (Infringement System) Act 2018
71D: Unauthorised actions in parks
1: A person must not, without being authorised by the Minister or by a bylaw made under this Act,—
a: cause or allow any animal owned by the person or under the person’s control to enter any park; or
b: liberate any animal in any park; or
c: plant any plant, or sow or scatter the seed of any plant, or introduce any substance that is injurious to plant or animal life, in any park; or
d: remove or damage any, or any part of any, plant, stone, mineral, gravel, kauri gum, protected New Zealand object, or relic in any park; or
e: dig, cut, excavate, or damage the turf in any park; or
f: occupy or use any land in a park for cultivation or any other purpose; or
g: damage or deface any fence, building, or apparatus in any park; or
h: take, destroy, injure, disturb, or interfere with any native animal, or the nest or eggs of any native animal, in any park; or
i: erect any building, sign, hoarding, or apparatus in any park; or
j: in any way interfere with or damage the natural or historic features of any park; or
k: contravene or fail to comply with a term or condition imposed by the Minister under section 51A
2: A person must not, without being authorised by the Minister, be in possession of any chainsaw or any firearm, trap, net, or other similar object in a park.
3: A person must not—
a: conduct in any park any activity for which a concession is required under this Act without the required concession; or
b: do or cause to be done any act, matter, or thing for which a right or authority is required by this Act without the required right or authority.
4: A person who fails to comply with this section commits an infringement offence. Section 71D inserted 21 December 2018 section 35 Conservation (Infringement System) Act 2018
71E: Using or receiving items removed unlawfully from park
1: A person must not use, receive, or dispose of an item removed from a park in contravention of section 71D(1)﻿(d) or (h)
2: A person who fails to comply with this section commits an infringement offence. Section 71E inserted 21 December 2018 section 35 Conservation (Infringement System) Act 2018
71F: Altering boundary marks or items issued by Minister or Department
1: A person must not unlawfully alter, obliterate, deface, pull up, remove, interfere with, or destroy any boundary marks, or any stamp, mark, sign, poster, intentions book, concession, or other right or authority issued by the Minister or the Department.
2: A person who fails to comply with this section commits an infringement offence. Section 71F inserted 21 December 2018 section 35 Conservation (Infringement System) Act 2018
71G: Failure to remove animal, vehicle, aircraft, or boat
1: An owner or a person in control of an animal must comply with a notice from the Minister or Director-General requiring the person to remove the animal from a park.
2: A driver of any vehicle or the pilot of any aircraft or the person in charge of any boat that is illegally in a park must remove the vehicle, aircraft, or boat from the park when required to do so by a ranger.
3: A person who fails to comply with this section commits an infringement offence. Section 71G inserted 21 December 2018 section 35 Conservation (Infringement System) Act 2018
71H: Littering
1: A person must not deposit litter in a park.
2: A person who fails to comply with this section commits an infringement offence.
3: In this section,— deposit section 2(1) litter section 2(1) Section 71H inserted 21 December 2018 section 35 Conservation (Infringement System) Act 2018
2: Procedural matters
Subpart 2 inserted 21 December 2018 section 35 Conservation (Infringement System) Act 2018
71I: Proceedings for infringement offences
1: A person who is alleged to have committed an infringement offence may either—
a: be proceeded against by filing a charging document under section 14
b: be served with an infringement notice under section 71K
2: If an infringement notice has been issued under section 71K section 21 Section 71I inserted 21 December 2018 section 35 Conservation (Infringement System) Act 2018
71J: Who may issue infringement notices
The Director-General may authorise a ranger, in writing, to issue infringement notices under this Act. Section 71J inserted 21 December 2018 section 35 Conservation (Infringement System) Act 2018
71K: Infringement notices
1: A ranger authorised under section 71J
2: The ranger may deliver the infringement notice (or a copy of it) in person to the person alleged to have committed an infringement offence or send the notice by post addressed to that person’s last known place of residence or business.
3: An infringement notice (or a copy of it) sent by post to a person under subsection (2) is to be treated as having been served on that person when it was posted.
4: An infringement notice must be in the prescribed form and must contain the following particulars:
a: such details of the alleged infringement offence as are sufficient to fairly inform a person of the time, place, and nature of the alleged offence; and
b: the amount of the infringement fee; and
c: the address of the place at which the infringement fee may be paid; and
d: the time within which the infringement fee must be paid; and
e: a summary of the provisions of section 21(10)
f: a statement that the person served with the notice has a right to request a hearing; and
g: a statement of what will happen if the person served with the notice neither pays the infringement fee nor requests a hearing; and
h: any other particulars that may be prescribed. Section 71K inserted 21 December 2018 section 35 Conservation (Infringement System) Act 2018
71L: Reminder notices
A reminder notice must be in the prescribed form, and must include the same particulars, or substantially the same particulars, as the infringement notice. Section 71L inserted 21 December 2018 section 35 Conservation (Infringement System) Act 2018
71M: Payment of infringement fees
All infringement fees paid in respect of infringement offences must be paid into a Crown Bank Account. Section 71M inserted 21 December 2018 section 35 Conservation (Infringement System) Act 2018
71N: Penalties for infringement offences
A person who commits an infringement offence is liable on conviction to—
a: the infringement fee prescribed in regulations for that offence; or
b: a fine imposed by a court not exceeding the maximum fine prescribed in regulations for that offence. Section 71N inserted 21 December 2018 section 35 Conservation (Infringement System) Act 2018
3: Regulations
Subpart 3 inserted 21 December 2018 section 35 Conservation (Infringement System) Act 2018
71O: Regulations relating to infringement offences
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations—
a: prescribing infringement offences for the contravention of bylaws made under this Act:
b: prescribing penalties for infringement offences, which,—
i: in the case of infringement fees, must not be more than $1,000; and
ii: in the case of maximum fines, must not be more than twice the amount of the infringement fee for the offence:
c: prescribing information to be included in infringement notices and reminder notices.
2: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 71O inserted 21 December 2018 section 35 Conservation (Infringement System) Act 2018 Section 71O(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
8: Miscellaneous provisions
72: Former Authority and boards to cease to exist
1: The National Parks Authority established under section 4 of the National Parks Act 1952 and every National Park Board established under sections 16 to 18 of that Act and existing immediately before the commencement of this Act, shall cease to exist on the commencement of this Act.
2: The members of the National Parks Authority appointed by or under section 4 of the National Parks Act 1952 and the members of every National Park Board appointed by or under sections 16 to 18A of that Act, holding office immediately before the commencement of this Act, shall go out of office on the commencement of this Act.
3: Every reference in any enactment passed before the commencement of this Act, other than an enactment specified in Schedule 1
73: Assets, liabilities, and rights of former Authority and boards transferred to Crown
1: On the commencement of this Act,—
a: all real and personal property belonging to the Authority established under section 4 of the National Parks Act 1952, or any board established under sections 16 to 18 of that Act (in this section referred to as the former Authority any former board
b: all money payable to the former Authority or any former board shall become payable to the Crown:
c: all contracts, engagements, and liabilities, and all rights and authorities of any nature whatever of the former Authority or any former board shall become contracts, engagements, liabilities, rights, and authorities of the Crown:
d: all proceedings pending by or against the former Authority or any former board may be carried on, completed, and enforced by or against the Crown.
2: All money vested in the Crown by subsection (1) shall be paid into a Crown Bank Account section 57
3: Subject to subsection (5), the
4: All references to the former Authority or any former board in any security or other document whatever (not being an enactment) that is subsisting immediately before the date of commencement of this Act, or in any notice or other communication served, given, or sent before, on, or after that date in relation to any such security or other document shall, unless the context otherwise requires, be read as references to the Crown.
5: No Registrar of Deeds or
a: executed or purporting to be executed on behalf of the Crown; and
b: relating to any property held immediately before the commencement of this section by the former Authority or any former board; and
c: containing a recital that the property has become vested in the Crown by virtue of the provisions of this section— shall, in the absence of proof to the contrary, be sufficient evidence that the property is vested in the Crown.
6: Except as provided in subsections (3) and (5), nothing in this section shall derogate from the provisions of the Land Transfer Act 2017 Section 73(2) amended 25 January 2005 section 83(7) Public Finance Act 1989 Section 73(3) amended 1 June 2002 section 38(2) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 Section 73(5) amended 1 June 2002 section 38(2) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 Section 73(6) amended 12 November 2018 section 250 Land Transfer Act 2017
74: Director-General may execute documents on behalf of the Crown
All documents that require to be executed for the purpose of this Act by or on behalf of Her Majesty or by or on behalf of the Minister may, unless otherwise provided by this Act, be executed by the Director-General, and if so executed shall be as valid and effectual as if executed by or on behalf of Her Majesty or by or on behalf of the Minister, as the case may be. 1977 No 66 s 117
75: Director-General may act in proceedings on behalf of the Crown
All actions and proceedings by or on behalf of the Crown in connection with any breach of contract or any trespass or any damage accruing by reason of trespass or for the recovery of any rent, purchase money, or other money in respect of any national park or in respect of any damages or wrongs suffered by the Crown in respect of any national park may be commenced, prosecuted, and carried on by the Director-General on behalf of the Crown, and the Director-General may be plaintiff or defendant, as the case may require, in any such action or proceeding. 1977 No 66 s 118
76: Records of title
1: The Registrar-General of Land must Director-General record or records of title under the Land Transfer Act 2017
2: Subsection (1) shall not oblige any person to register any lease or licence granted under this Act. 1952 No 54 s 60 Section 76 heading amended 12 November 2018 section 250 Land Transfer Act 2017 Section 76(1) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 76(1) amended 1 June 2002 section 38(2) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 Section 76(1) amended 1 April 1987 section 65(1) Conservation Act 1987
77: Approval under this Act not to authorise actions in contravention of other Acts
Nothing in any authorisation by the Minister to do any act that would otherwise be unlawful under this Act shall be deemed to authorise any person to do any act in contravention of the Native Plants Protection Act 1934 Wildlife Act 1953 Heritage New Zealand Pouhere Taonga Act 2014 Protected Objects Wild Animal Control Act 1977 any secondary legislation Section 77 amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 77 amended 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 Section 77 amended 1 November 2006 section 35 Protected Objects Amendment Act 2006
78: Mining operations in national parks
Section 78 repealed 1 October 1991 section 362 Resource Management Act 1991
79: Certain other Acts unaffected
Nothing in this Act shall affect the Manapouri - Te Anau Development Act 1963 Mount Egmont Vesting Act 1978
80: Amendments, repeals, and revocations
1: The enactments specified in Schedule 1
2: The enactments specified in Schedule 2
3: All bylaws made under section 38 of the National Parks Act 1952, including those specified in Schedule 3