Part 3AManagement planning
17BGeneral policy
The Minister may approve statements of general policy for the implementation of this Act, and for any conservation area or areas, or conservation areas of any class or description; and may from time to time amend or revoke any such statement in the light of changing circumstances or increased knowledge.
Nothing in any such general policy shall derogate from any provision in this Act or any other Act.
The following provisions shall apply to the preparation and approval of such statements:
- the Director-General may prepare draft statements of general policy, after consultation with—
- the New Zealand Fish and Game Council, in the case of sports fish and game policy; or
- the Conservation Authority, in any other case:
- the New Zealand Fish and Game Council, in the case of sports fish and game policy; or
- the Director-General shall give notice by advertisement published in daily newspapers circulating in the cities of Auckland, Hamilton, Wellington, Christchurch, and Dunedin of the availability of each proposed statement of policy, and every such notice shall—
- state that the draft is available for inspection at the places and times specified in the notice; and
- call upon persons or organisations interested to lodge with the Director-General written submissions on the draft before the date specified in that behalf in the notice, being a date not less than 40 working days after the date of the publication of the notice:
- state that the draft is available for inspection at the places and times specified in the notice; and
- the Director-General shall also give notice to the same effect to all regional councils within the meaning of the Local Government Act 2002, and, so far as is practicable, to representatives of the appropriate iwi authorities:
- before revising any such draft, the Director-General shall ensure that—
- copies of the draft are held by the Department and are available for public inspection during normal office hours, in such places and quantities as are likely to encourage public participation in the development of the statement of policy; and
- any proposed amendments are explained in a written statement available with the draft:
- copies of the draft are held by the Department and are available for public inspection during normal office hours, in such places and quantities as are likely to encourage public participation in the development of the statement of policy; and
- the Director-General may give such further notice of any draft statement of policy as the Director-General thinks fit:
- any person or organisation may send to the Director-General written submissions on any such draft before the date specified in that behalf in the relevant notice, being a date not less than 40 working days after the date of publication of the notice:
- the Director-General shall give any person or organisation who or which, in making any submissions under paragraph (f), asked to be heard in support of his or her or its submissions a reasonable opportunity of appearing before the Director-General:
- the Director-General shall consult with such other persons or organisations, and in such manner, as the Director-General considers practicable and appropriate:
- the Director-General shall prepare a summary of the submissions received and public opinion made known on the draft:
- after considering the submissions and public opinion, the Director-General shall make such amendments to the draft as the Director-General considers appropriate and, subject to paragraph (k), send to the Conservation Authority the draft and the summary prepared under paragraph (i):
- where a draft statement of policy relates to the management of sports fish and game, the Director-General—
- shall send the draft to the New Zealand Fish and Game Council for comment; and
- shall send to the Minister, the draft, the summary prepared under paragraph (i), and the comments of the New Zealand Fish and Game Council:
- shall send the draft to the New Zealand Fish and Game Council for comment; and
- the Conservation Authority—
- shall consider any draft and summary received from the Director-General under paragraph (j); and
- may consult any Conservation Board about the draft; and
- shall send to the Minister the draft, the summary, and its own comments on the draft:
- shall consider any draft and summary received from the Director-General under paragraph (j); and
- the Minister shall approve the draft or send it back to the Director-General for revision before approving it.
The Director-General may at any time prepare an amendment to any statement of general policy, and the following provisions shall apply in any such case:
- where the proposed amendment does not materially affect the objectives of the policy or the public interest, the Director-General shall send it to the Conservation Authority or the New Zealand Fish and Game Council, as the case may require, and it shall be dealt with under paragraphs (k) to (m) of subsection (3), which shall apply with any necessary modifications:
- in any other case, the proposed amendment shall be dealt with under paragraphs (a) to (m) of subsection (3), which shall apply with any necessary modifications.
All statements of general policy approved under this Act before the commencement of this section shall be deemed to have been approved under subsection (3)(m).
Notes
- Section 17B: inserted, on , by section 13(1) of the Conservation Law Reform Act 1990 (1990 No 31).
- Section 17B(3)(c): amended, on , by section 262 of the Local Government Act 2002 (2002 No 84).