National Parks Amendment Act 1996

1: Short Title and commencement
1: This Act may be cited as the National Parks Amendment Act 1996, and shall be read together with and deemed part of the National Parks Act 1980
2: Sections 2 4 5 6 7 8 9 10 12
3: Except as provided in subsection (2)
2: Interpretation
Section 2 Activity Certified aerodrome Civil Aviation Regulations 1953 Civil Aviation Act 1990 Concession concession document
a: Means—
i: A lease; or
ii: A licence; or
iii: A permit; or
iv: An easement— granted under section 49 of this Act
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 of this Act 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 of the National Parks Amendment Act 1996
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 a 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) of this definition section 2 of the National Parks Amendment Act 1996
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) of this definition section 2 and licensee Permit
a: Means a grant of rights to carry out an activity for a purpose referred to in section 49 of this Act
b: Includes any authorisation or licence granted before the commencement of this definition that granted similar rights;— and permit holder .
3: Special provisions relating to wilderness areas under
Reserves Act 1977 Conservation Act 1987 This section inserted s 14A
4: Procedure for preparing and reviewing management plans
Section 47 section 119 Conservation Law Reform Act 1990
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.
5: Concessions
1: The principal Act is hereby amended by repealing section 49
49:
1: The Minister may, in accordance with Part IIIB of the Conservation Act 1987 Part IIIB
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 of this Act
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.
2: The following enactments are hereby consequentially repealed:
a: The National Parks Amendment Act 1988
b: Section 120 Conservation Law Reform Act 1990
3: Where any person lawfully occupied any park at the commencement of this Act in accordance with any right lawfully granted on or before 1 April 1987 under any Act or any contract made on or before 1 April 1987 then, notwithstanding sections 17U 17W Conservation Act 1987 section 7 Conservation Amendment Act 1996
4: Where any concession is granted under subsection (3)
5: The provisions of section 17T(4) (5) Conservation Act 1987 subsection (3)
6: Accommodation within parks
1: Section 50
a: By repealing paragraph (b)
b: By omitting from subsection (2) in the erection of, and the provision of access to, any building constructed under the authority of that subsection
c: By repealing subsection (3) section 121(2) Conservation Law Reform Act 1990
d: By omitting from subsection (4) or subsection (3)
2: Section 50(1) paragraph (d)
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.
3: Section 121(1)(b) Conservation Law Reform Act 1990
4: The policy adopted by resolution by the Authority on 19 October 1994 under section 44 National Parks Act 1980 Policy of the New Zealand Conservation Authority on Concessions for Recreation and Tourism Business Operations in National Parks
7: Farming within parks
The principal Act is hereby amended by repealing section 51
51:
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 of this Act over any part of the park that is land to which this section applies.
8: Repeals
1: Sections 52 53 54
2: The Conservation Act 1987 Schedule 2 sections 52 54(2)
9: Roads within parks
Section 55(2) , and no gravel, shingle, stone, or other material in the park may be removed for road construction purposes, whether within or outside the park
10: Offences in parks
1: Section 60(1) paragraph (j)
j: Conducts in any park any activity for which a concession is required under this Act; or .
2: Section 60(1)
l: Contravenes or fails to comply with section 51A of this Act
3: Section 60(2)
a: By omitting from paragraph (c) lease, licence, concession
b: By omitting from paragraph (d) licence, lease, permit concession
11: Amendment to
Local Government Official Information and Meetings Act 1987 This section substituted s 46(8) Local Government Official Information and Meetings Act 1987
12: Transitional provisions relating to existing leases, etc
1: Every application made before the commencement of section 49 section 5
a: Where the application has been publicly notified in accordance with section 52
b: Where the application has not been publicly notified in accordance with section 52 section 49
c: Where the application is for a permit, or the application is for a lease or licence or an easement but does not require public notification under the principal Act, be dealt with under the said section 49
2: Except as provided in section 17W Conservation Act 1987 section 49