Forestry Encouragement Act 1962

1: Short Title
This Act may be cited as the Forestry Encouragement Act 1962 Section 1 amended 28 October 1965 Forestry Encouragement Amendment Act 1965
2: Interpretation
1: In this Act, unless the context otherwise requires,— Conservator forestry encouragement agreement Forestry Encouragement Amendment Act 1965 lease including a permit within the meaning of section 2(1) lessee Minister Registrar Land Transfer Act 2017 Registrar-General of Land or the Registrar of Deeds, as the case may require, Land Transfer Act 2017 Coal Mines Act 1925
2: For the purposes of this Act all land which is not otherwise occupied shall be deemed to be in the occupation of the owner in fee simple thereof. Section 2(1) forestry encouragement agreement inserted 28 October 1965 Forestry Encouragement Amendment Act 1965 Section 2(1) lease amended 24 May 2013 section 65 Crown Minerals Amendment Act 2013 Section 2(1) lease amended 1 October 1991 section 362 Resource Management Act 1991 Section 2(1) Registrar amended 12 November 2018 section 250 Land Transfer Act 2017
3: Minister may make advances
1: Subject to the provisions of this Act, the Minister may make an advance, out of money appropriated by Parliament for the purpose, to any applicant for the purpose of establishing or managing a farm woodlot or to any local authority within the meaning of the Local Government Act 2002
2: A local authority within the meaning of the Local Government Act 2002 Section 3 replaced 1 July 1998 section 16(1) Local Government Amendment Act (No 3) 1996 Section 3(1) amended 1 July 2003 section 262 Local Government Act 2002 Section 3(2) amended 1 July 2003 section 262 Local Government Act 2002
4: Notice of conditions
1: The terms and conditions upon which applications for advances under this Act will be considered, and the dates by which applications must be received, shall be in accordance with regulations made under this Act, or (in default of any such regulations and so far as any such regulations do not extend) in accordance with the directions of the Minister.
2: The following are secondary legislation ( see Part 3
a: regulations under this section:
b: directions under this section. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (2)﻿(a). Legislation Act 2019 requirements for secondary legislation referred to in subsection (2)﻿(a) 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. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (2)﻿(b). Legislation Act 2019 requirements for secondary legislation referred to in subsection (2)﻿(b) Publication The maker must notify 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 4 replaced 28 October 1965 Forestry Encouragement Amendment Act 1965 Section 4(2) replaced 28 October 2021 section 3 Secondary Legislation Act 2021
5: Forestry encouragement agreements
1: The Minister may enter into a forestry encouragement agreement section 3 provided that no such agreement shall be entered into with the lessee of any land without the prior consent in writing of the owner of the land.
2: Every such forestry encouragement agreement
a: the land to which the agreement relates and the area that has been or is to be planted in trees:
b: the species of trees planted or to be planted:
c: the silvicultural treatment of the trees planted or to be planted:
d: the amount to be advanced by the Minister:
e: such other conditions as the Minister may require.
3: Every forestry encouragement agreement
4: A forestry encouragement agreement
5: Where the owner or occupier of any land has entered into a forestry encouragement agreement forestry encouragement agreement register the agreement. register forestry encouragement agreement Forestry Encouragement Act 1962
6: Where any notice has to be given under this section, it may be given—
a: by delivering it to the person to whom it has to be given; or
b: by leaving it at the usual or last known place of abode in New Zealand of that person; or
c: by sending it by post in a registered letter addressed to that person at his usual or last known place of abode in New Zealand; or
d: by delivering or leaving it at or sending it by registered post to the registered office in the case of a company or the principal office or place of business in the case of a local authority or other body, whether corporate or unincorporate.
7: Any forestry encouragement agreement supplements forestry encouragement agreement
7A: For the purpose of section 138
8: Upon the expiration or termination of a registered forestry encouragement agreement
8A: Where a Conservator deposits with the Registrar a certificate stating that a forestry encouragement agreement has been terminated, and at the same time deposits with the Registrar for registration a further forestry encouragement agreement upon which is endorsed a certificate by the Conservator that it is in substitution for the terminated agreement, and that the agreement in substitution relates to the same advance and the same land as the terminated agreement and includes provision for a lower rate of interest, the agreement in substitution when registered shall, for the purposes of section 7
9: In any case where, under section 103
a: that estate or interest is discharged from any charge thereon arising under a certificate that relates to a forestry encouragement agreement section 7
b: that estate or interest would have been so discharged if such a certificate had been so registered— that agreement shall thereupon be deemed to cease to be registered against the title to the land, unless the purchaser and the Minister, by consent in writing endorsed on or attached to the instrument of transfer, agree to the retention of its registration against that title.
10: Forestry encouragement agreements shall be deemed to be mortgages for the purposes of section 101 section 461 of the Maori Affairs Act 1953
10A: Forestry encouragement agreements, whether entered into before or after the close of 31 December 2007, must be treated as mortgages for the purposes of sections 90 to 92 section 249(1)﻿(a)
11: The provisions of this Act relating to the registration of forestry encouragement agreements shall, so far as they are applicable and with the necessary modifications, apply to the registration of memoranda of variation of those agreements: provided that notice need not be given to any mortgagee or other person having a charge on any estate or interest in the land at the date of registration of the variation, if that mortgagee or person will not be prejudiced by the variation. Section 5 heading replaced 28 October 1965 Forestry Encouragement Amendment Act 1965 Section 5(1) amended 28 October 1965 Forestry Encouragement Amendment Act 1965 Section 5(2) amended 28 October 1965 Forestry Encouragement Amendment Act 1965 Section 5(3) amended 28 October 1965 Forestry Encouragement Amendment Act 1965 Section 5(4) amended 28 October 1965 Forestry Encouragement Amendment Act 1965 Section 5(5) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 5(5) amended 28 October 1965 Forestry Encouragement Amendment Act 1965 Section 5(5) amended 28 October 1965 Forestry Encouragement Amendment Act 1965 Section 5(6)﻿(d) inserted 28 October 1965 Forestry Encouragement Amendment Act 1965 Section 5(7) amended 28 October 1965 Forestry Encouragement Amendment Act 1965 Section 5(7) amended 28 October 1965 Forestry Encouragement Amendment Act 1965 Section 5(7A) inserted 28 October 1965 Forestry Encouragement Amendment Act 1965 Section 5(7A) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 5(8) amended 28 October 1965 Forestry Encouragement Amendment Act 1965 Section 5(8A) inserted 28 October 1965 Forestry Encouragement Amendment Act 1965 Section 5(9) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 5(9)﻿(a) amended 28 October 1965 Forestry Encouragement Amendment Act 1965 Section 5(10) inserted 19 October 1966 Forestry Encouragement Amendment Act 1966 Section 5(10) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 5(10A) replaced 1 January 2008 section 364(1) Property Law Act 2007 Section 5(11) inserted 19 October 1966 Forestry Encouragement Amendment Act 1966
6: Registered
forestry encouragement agreements
1: While the forestry encouragement agreement
2: Where the lessee for the time being under any lease of the land or of any part thereof surrenders his lease and obtains a new lease in exchange therefor, the forestry encouragement agreement
3: Upon the registration of any such new lease or of the renewal of any lease, the Registrar shall record on the register against the title to the land of the lessee under the new or renewed lease any subsisting memorial in respect of the agreement recorded against the title to the land of the lessee in respect of the surrendered or expired lease.
4: Where the lessee for the time being under any lease of the land or of any part thereof obtains a title in fee simple to the land or any part thereof, the forestry encouragement agreement
5: No forestry encouragement agreement provided that nothing in this subsection shall affect the amount of any charge on the estate or interest in the land affected by the agreement arising under subsection (2) of section 7 provided also that, where the agreement is registered against the title to a lease which determines before the expiry of the agreement, the personal liability of the person who was the lessee immediately before the determination shall, for the purposes of subsection (1), continue until the expiry of the agreement as if he were still the occupier of the land to which the lease related. Section 6 heading amended 28 October 1965 Forestry Encouragement Amendment Act 1965 Section 6(1) amended 28 October 1965 Forestry Encouragement Amendment Act 1965 Section 6(2) amended 28 October 1965 Forestry Encouragement Amendment Act 1965 Section 6(4) amended 28 October 1965 Forestry Encouragement Amendment Act 1965 Section 6(5) amended 28 October 1965 Forestry Encouragement Amendment Act 1965 Section 6(5) second proviso inserted 24 November 1967 Forestry Encouragement Amendment Act 1967
7: Money payable under registered
forestry encouragement agreement
1: If at any time there is default in the observance or performance of any of the obligations forestry encouragement agreement
2: Upon registration of the certificate, the amount mentioned therein, and all money which after the signing of the certificate and before the release thereof accrues due under the forestry encouragement agreement or is deemed (under subsection (8A) of section 5 section 8(2) of the Forestry Encouragement Amendment Act 1965 forestry encouragement agreement section 103 Any priority of any such charge, or (where the charge has not yet arisen) the right to any such priority which will arise from the prior registration of the relevant forestry encouragement agreement and the subsequent registration of a certificate under subsection (1) postponed or advanced or otherwise varied wholly or in part in relation to any other charge or lien of any description
a: where the land affected is subject to the Land Transfer Act 2017 section 102 and by the registered owner of the land and any person who is detrimentally affected thereby
b: where the land affected is not subject to the Land Transfer Act 2017 and by the registered owner of the land and any person who is detrimentally affected thereby which instrument
2A: For the purposes of paragraph (a) of subsection (2), a registered forestry encouragement agreement shall be deemed to be a registered charge within the meaning of section 102
2B: Notwithstanding anything to the contrary in this Act or any other Act, the effect of the registration of a mortgage priority instrument the instrument the instrument
3: Where any occupier has an interest in the land as lessee under a lease, the charge shall extend to the interest (if any) of the lessee in any improvements to the land and in any money that may be payable by the lessor and by an incoming tenant and otherwise for any such improvements, whether during the term of the lease or thereafter.
4: For the purpose of enforcing any charge under this section, the High Court provided that, in the case of Maori freehold land within the meaning of the Maori Affairs Act 1953 section 33 of that Act Section 7(1) amended 24 November 1967 Forestry Encouragement Amendment Act 1967 Section 7(1) amended 28 October 1965 Forestry Encouragement Amendment Act 1965 Section 7(2) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 7(2) amended 24 November 1967 Forestry Encouragement Amendment Act 1967 Section 7(2) amended 28 October 1965 Forestry Encouragement Amendment Act 1965 Section 7(2) amended 28 October 1965 Forestry Encouragement Amendment Act 1965 Section 7(2) amended 28 October 1965 Forestry Encouragement Amendment Act 1965 Section 7(2) amended 28 October 1965 Forestry Encouragement Amendment Act 1965 Section 7(2)﻿(a) inserted 28 October 1965 Forestry Encouragement Amendment Act 1965 Section 7(2)﻿(a) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 7(2)﻿(a) amended 24 November 1967 Forestry Encouragement Amendment Act 1967 Section 7(2)﻿(b) inserted 28 October 1965 Forestry Encouragement Amendment Act 1965 Section 7(2)﻿(b) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 7(2)﻿(b) amended 24 November 1967 Forestry Encouragement Amendment Act 1967 Section 7(2A) inserted 28 October 1965 Forestry Encouragement Amendment Act 1965 Section 7(2A) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 7(2B) inserted 28 October 1965 Forestry Encouragement Amendment Act 1965 Section 7(2B) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 7(4) amended 1 April 1980 section 12 Judicature Amendment Act 1979
8: Section 37 of State Advances Corporation Act 1936 not to apply
Section 8 repealed 19 October 1965 section 45(2) State Advances Corporation Act 1965
9: Delegation of Minister's powers
1: The Minister may from time to time, by writing under his hand, delegate to the chief executive of the Ministry of Agriculture and Forestry Forests Act 1949
2: Every such delegation shall be revocable at will, and no such delegation shall prevent the exercise of any power by the Minister.
3: Any such delegation may be made subject to such restrictions as the Minister thinks fit, and may be made either generally or in relation to any particular case.
4: Unless and until any such delegation is revoked, it shall continue in force according to its tenor. In the event of any Minister by whom any such delegation has been made ceasing to hold office it shall continue to have effect as if made by the person for the time being holding office as Minister and, in the event of the chief executive of the Ministry of Agriculture and Forestry
5: The fact that the chief executive of the Ministry of Agriculture and Forestry Section 9 inserted 24 November 1967 Forestry Encouragement Amendment Act 1967 Section 9(1) amended 1 March 1998 section 5(1)﻿(b) Ministries of Agriculture and Forestry (Restructuring) Act 1997 Section 9(4) amended 1 March 1998 section 5(1)﻿(b) Ministries of Agriculture and Forestry (Restructuring) Act 1997 Section 9(5) amended 1 March 1998 section 5(1)﻿(b) Ministries of Agriculture and Forestry (Restructuring) Act 1997