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New Zealand law explained for everyone

Conservation Act 1987

Miscellaneous

48: Regulations

You could also call this:

"Rules to follow in conservation areas"

The Governor-General can make rules for many things, including how you apply for leases or licences to use conservation areas. You have to follow these rules when you are in a conservation area. The rules can say what you can and can't do in these areas, like whether you can bring your dog or not.

The Governor-General can also make rules about how much you have to pay to use some facilities in conservation areas, like huts or camping sites. These rules are called regulations and they help keep conservation areas safe. You can learn more about regulations by reading Part 3 of the Legislation Act 2019.

If you break the rules, you might have to pay a fine, which can be up to $5,000. The rules can also say what happens if you keep breaking the rules, like if you keep letting your dog into a conservation area when it's not allowed.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM106689.

Topics:
Environment and resources > ConservationGovernment and voting > Government departments
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Part 6Miscellaneous

48Regulations

  1. The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:

  2. prescribing forms of application and the conditions and mode of applying for leases, licences, or permits to be issued or authorisations to be given under this Act:
    1. providing for any proceedings, forms of leases, licences, permits, or authorisations and other instruments, and for the execution of any other matter or thing arising under and not inconsistent with this Act, and not expressly provided for in it:
      1. regulating the protection of natural or historic resources or conservation areas, or conservation areas of any class or description, and the prevention of fires in them:
        1. in fulfilment of the conditions of the deed of cession of Stewart Island dated 29 June 1864, and after consultation with the Maori owners, securing to the Maori the Titi Islands and other islands adjacent to Stewart Island mentioned in the deed, and protecting the islands from trespassers, and the birds frequenting them from destruction:
          1. providing for the care, management, and protection of any natural or historic resource or any conservation area or areas:
            1. prohibiting, restricting, or regulating, the entry of aircraft, ships, or vehicles of any class or description, into any conservation area:
              1. prohibiting, restricting, or controlling the entry of the public into any conservation area:
                1. prohibiting, restricting, or controlling, actions of the public on or in relation to any conservation area:
                  1. prohibiting members of the public from allowing animals under their control to enter or remain in, or restricting or controlling the extent to which they may allow such animals to enter or remain in, any conservation area:
                    1. prescribing conditions applying and charges payable in respect of the use of huts and other buildings, camping sites, picnic places, parking areas, and other facilities in any conservation area, and providing for the removal of any motor vehicle or boat parked in any conservation area in breach of any such conditions:
                      1. prescribing, or providing for the fixing of, fees and levies payable in respect of any matter under this Act:
                        1. prescribing the procedure for the election of members of the New Zealand Fish and Game Council, and the nomination and election of members of Fish and Game Councils:
                          1. authorising any conservation organisation to pay travelling and other expenses incurred by any of its members in the course of their duties as members of the organisation, if no such provision is made elsewhere in this Act:
                            1. prescribing offences in respect of the contravention of or non-compliance with any regulations made under this Act or any lawful direction or requirement made under this Act or any such regulations, and the amount of the fines that may be imposed in respect of any such offences, which fines shall be an amount not exceeding $5,000 and, where the offence is a continuing one, a further amount not exceeding $500 for every day on which the offence has continued:
                              1. providing for such matters as may be contemplated by or necessary for giving full effect to this Act and for its due administration.

                                1. Any regulations made under subsection (1)(k) may—

                                2. specify the person by whom any fees or levies prescribed under this Act are payable:
                                  1. prescribe specific fees or levies for specific purposes:
                                    1. prescribe a scale of fees or levies or a rate based on the time involved in carrying out the work or services:
                                      1. provide for the refund or waiver of any fee or levy by the Minister or the Director-General, in whole or in part, in any specified case or class of cases.

                                        1. Regulations made under this section that relate to a conservation area may apply to all conservation areas, conservation areas of a specified class or description, or any specified conservation area or conservation areas or any specified part of any conservation area.

                                        2. For the purposes of this section, the term conservation organisation includes the New Zealand Conservation Authority, any Conservation Board, the New Zealand Fish and Game Council, and any Fish and Game Council.

                                        3. Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                                        4. If regulations authorise the Minister or the Director-General to grant refunds or waivers referred to in subsection (2)(d),—

                                        5. an instrument granting a refund or waiver is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements), unless it applies only to 1 or more named persons; and
                                          1. the regulations must contain a statement to that effect.

                                            Notes
                                            • Section 48: substituted, on , by section 27 of the Conservation Law Reform Act 1990 (1990 No 31).
                                            • Section 48(1)(a): amended, on , by section 14(1) of the Conservation (Indigenous Freshwater Fish) Amendment Act 2019 (2019 No 55).
                                            • Section 48(1)(b): amended, on , by section 14(2) of the Conservation (Indigenous Freshwater Fish) Amendment Act 2019 (2019 No 55).
                                            • Section 48(1)(m): amended, on , by section 5 of the Conservation Amendment Act 2000 (2000 No 56).
                                            • Section 48(1)(n): amended, on , by section 8 of the Conservation (Natural Heritage Protection) Act 2013 (2013 No 89).
                                            • Section 48(2): amended, on , by section 22 of the Conservation Amendment Act 1994 (1994 No 108).
                                            • Section 48(3): amended, on , by section 14(3) of the Conservation (Indigenous Freshwater Fish) Amendment Act 2019 (2019 No 55).
                                            • Section 48(5): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                                            • Section 48(6): inserted, on , by regulation 4 of the Legislation Act (Amendments to Legislation) Regulations 2021 (LI 2021/247).