Forests (West Coast Accord) Act 2000

1: Title
This Act is the Forests (West Coast Accord) Act 2000.
2: Commencement
1: Except as provided in subsection (2), this Act comes into force on the day after the date on which it receives the Royal assent.
2: Part 1
3: Interpretation
In this Act, unless the context otherwise requires,— concession Conservation Board conservation management strategy section 2(1) existing encumbrance new Minister section 8(1) responsible Ministers section 2(1) West Coast Accord
a: the agreement dated 6 November 1986 and executed by the Minister for the Environment on behalf of the Crown and by the West Coast United Council, Native Forests Action Council, Royal Forest and Bird Protection Society of New Zealand, Federated Mountain Clubs of New Zealand, West Coast Timber Association, and Westland Timber Workers’ Union; and
b: any express or implied term in the agreement; and
c: any amendment to the agreement.
4: Act to bind the Crown
This Act binds the Crown.
1: Cancellation of West Coast Accord
5: Cancellation of West Coast Accord
The West Coast Accord is cancelled on 15 May 2000.
6: Effect of cancellation
The effect of cancelling the West Coast Accord is that, on and from the cancellation,—
a: to the extent that the West Coast Accord remains unperformed at the time of the cancellation, no party is obliged or entitled to perform it further; and
b: to the extent that the West Coast Accord has already been performed at the time of the cancellation, no party is, merely because of the cancellation, to be divested of any property transferred or money paid under it.
7: No compensation
No compensation is payable by the Crown to any person for any loss or damage arising from the enactment or operation of this Part.
2: Enabling change of status of West Coast indigenous production forest land
8: Land status may be changed by declaration
1: The responsible Ministers may jointly, by notice in the Gazette Schedule 1
a: held under the Conservation Act 1987
b: set apart as a reserve, or added to an existing reserve, and classified under the Reserves Act 1977
c: added to a national park under the National Parks Act 1980
d: Crown land subject to the Land Act 1948
2: Before making a declaration under subsection (1), the responsible Ministers must consult with the Minister of Conservation, the Minister of Forestry, and the Minister for Land Information.
3: The following provisions apply in relation to a proposal to add land to a national park under subsection (1)﻿(c):
a: the responsible Ministers must not make a declaration under that provision unless the Minister of Conservation recommends that they do so:
b: the Minister of Conservation must not make a recommendation under paragraph (a) except on the recommendation of the New Zealand Conservation Authority made after consultation with the appropriate Conservation Board:
c: an investigation of the proposal may occur under section 8 section 7(1)﻿(b)
d: during an investigation (if any) under section 8 sections 7(1)﻿(b)
9: Effect of declaration under section 8(1)
1: On the day after the date on which it is published in the Gazette
a: a declaration under section 8(1)﻿(a) Gazette section 7 section 18
b: a declaration under section 8(1)﻿(b) Reserves Act 1977 Gazette section 16
c: a declaration under section 8(1)﻿(c) National Parks Act 1980 section 7
d: a declaration under section 8(1)﻿(d) Land Act 1948
2: On a declaration taking effect,—
a: the land described in the notice ceases to be Crown forest land within the meaning of section 2(1)
b: section 8(1)
10: Change of status of land to be noted
The Registrar-General of Land or the Chief Surveyor, as the case requires, must register a copy of a notice of a declaration under section 8(1)
11: Effect of change of status of land on draft West Coast conservation management strategy
1: If the West Coast conservation management strategy is in draft when a declaration is made under section 8(1)﻿(a), (b), or (c)
2: The review or amendment of the draft conservation management strategy must be carried out as if the conservation management strategy had been approved under section 17F(p) Section 17H section 17I
12: Effect of change of status of land on North Westland regional management plan
1: The North Westland regional management plan (which has effect under section 65(12) section 8(1)
2: If a draft conservation management strategy is approved under section 17F(p) section 8(1)
13: New Minister may grant easements required to comply with Ngāi Tahu deed of settlement
1: The new Minister may grant any easement relating to access over land identified in Schedule 1 section 8
2: An easement granted under subsection (1) is enforceable in accordance with its terms despite Part 3B section 59A section 49
14: Saving of existing encumbrances in force or being negotiated at 15 May 2000
1: Land that has its status changed by a declaration under section 8(1)
a: the existing encumbrance was in force on 15 May 2000 or negotiations for the existing encumbrance were entered into on or before that date; and
b: the existing encumbrance is still in force immediately before the declaration takes effect.
2: The terms of an existing encumbrance saved by subsection (1) are enforceable despite Part 3B section 59A section 49
3: This section is subject to sections 15 to 20
15: When saving provision applies
1: Section 14
a: that is of a minor and technical nature; or
b: that does not materially increase the adverse effects of the activity authorised by the existing encumbrance on that date or materially increase the duration of that activity or materially change the location of that activity; or
c: that will result in a reduction of the adverse effects or the duration of that activity; or
d: negotiations for which were entered into on or before 15 May 2000.
2: Section 14
a: an existing encumbrance that is renewed for a further term under a right of renewal conferred by the existing encumbrance:
b: an existing encumbrance that is transferred to another person.
16: Time limit on saving of existing encumbrances
1: On the expiry of the period of 10 years after the status of land is changed by a declaration under section 8(1)
a: section 14
b: that existing encumbrance is cancelled.
2: To avoid doubt, if an existing encumbrance is granted in perpetuity, it is not in force for an unspecified period.
3: This section does not apply to existing encumbrances granted by an enactment or by the exercise of a power contained in an enactment.
17: Powers under existing encumbrances to be exercised by new Minister
If, before a declaration under section 8(1)
a: the power may be exercised by the new Minister after the declaration takes effect; and
b: the new Minister may take all necessary proceedings to enforce the existing encumbrance, or relating to breaches of, or any act or omission contrary to, the existing encumbrance.
18: Exemptions if existing encumbrances exchanged for concessions
1: The purpose of this section is to provide exemptions from the concession regime under the Conservation Act 1987 section 14
2: If a person applies to the Minister of Conservation for a concession under the Conservation Act 1987 Reserves Act 1977 National Parks Act 1980 section 14
a: section 17T(4) and (5)
b: section 17U(1)﻿(f)
c: section 17W
d: section 17T(2)
e: Part 3B section 59A section 49
3: If the concession is granted by the Minister of Conservation in exchange for the existing encumbrance, the existing encumbrance is cancelled.
4: This section is subject to section 19
19: Limits on exemptions
1: The exemptions in section 18
a: if the application for the concession is made before the existing encumbrance expires or is terminated or cancelled; and
b: to the extent that the activity to be authorised by the concession is an activity already authorised by the existing encumbrance saved by section 14
2: Section 18
a: an application to renew an existing encumbrance (except if the existing encumbrance is being renewed for a further term under a right of renewal conferred by the existing encumbrance); or
b: an application to vary an existing encumbrance.
20: Cancellation of existing encumbrances to be noted
The Registrar-General of Land or the Chief Surveyor, as the case requires, must record the cancellation of an existing encumbrance under section 16 section 18
21: Power to amend Schedule 1
1: The Governor-General may, by Order in Council, on the recommendation of the responsible Ministers, amend Schedule 1
a: to add descriptions of West Coast indigenous production forest land owned by the Crown and managed by Timberlands West Coast Limited at the commencement of this section:
b: to correct descriptions of land (or parts of land).
2: An order under this section is 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 21(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
22: Consequential amendments to other Acts
The Acts specified in Schedule 2