Conservation Act 1987

Conservation areas

16A: Exchanges of stewardship areas

You could also call this:

"Swapping conservation land for other land to help protect the environment"

The Minister can swap a stewardship area for another piece of land by putting a notice in the Gazette. You need to know that the Minister will only do this if they think it will help conservation and are happy with the swap after talking to the local Conservation Board. The Minister decides what conservation work will happen on the new land and tells everyone about it in the Gazette.

When the Minister swaps land, they can also pay or receive money to make the swap fair. You can see how this works with the Reserves Act 1977 and the National Parks Act 1980. The Minister or the Director-General can do what is needed to make the swap happen.

If a stewardship area is swapped, it is no longer part of the Conservation Act. Some rules, like those in section 26 and section 49, do not apply to these swaps. Also, a rule in section 40 of the Public Works Act 1981 does not apply. The Registrar-General of Land has to update the records to make the swap official.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM104281.


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Part 3Conservation areas

16AExchanges of stewardship areas

  1. Subject to subsections (2) and (3), the Minister may, by notice in the Gazette, authorise the exchange of any stewardship area or any part of any stewardship area for any other land.

  2. The Minister shall not authorise any such exchange unless the Minister is satisfied, after consultation with the local Conservation Board, that the exchange will enhance the conservation values of land managed by the Department and promote the purposes of this Act.

  3. All land acquired by the Crown under this section shall be held for such conservation purposes as the Minister may specify in respect of that land by notice in the Gazette.

  4. The Minister may authorise the payment or receipt by the Crown of money by way of equality of exchange in any case under this section; and all money so received shall be paid into the Department of Conservation Grants and Gifts Trust Account, and shall be applied, without further appropriation than this section, for the acquisition of land under this Act or the Reserves Act 1977 or the National Parks Act 1980.

  5. The Minister or the Director-General may, on behalf of the Crown, do all such things as may be necessary to effect any exchange authorised under this section.

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

  7. Nothing in section 26 or section 49 shall apply to the exchange of land under this section.

  8. Nothing in section 40 of the Public Works Act 1981 applies to the exchange of land under this section.

  9. The Registrar-General of Land is hereby authorised and directed to make such entries in registers and do all such other things as may be necessary to give effect to exchanges authorised under this section.

Notes
  • Section 16A: inserted, on , by section 11 of the Conservation Law Reform Act 1990 (1990 No 31).
  • Section 16A(7A): inserted, on , by section 5 of the Conservation Amendment Act 1994 (1994 No 108).
  • Section 16A(8): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).