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Conservation Act 1987

Miscellaneous

49: Public notice and rights of objection

You could also call this:

"Telling the public and having a say: how to object to conservation decisions"

When something needs to be publicly notified, the Minister will publish a notice in a newspaper that people in the area can read. The Minister will also publish the notice in daily newspapers in Auckland, Wellington, Christchurch, and Dunedin, unless they think it's only of local interest. If the Minister wants to use a power given by this Act, or if someone applies for a concession, you can object or make a submission in writing to the Director-General. You will have at least 40 working days to object or make a submission if the Minister wants to use a power, or at least 20 working days if someone applies for a concession.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM106907.

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Part 6Miscellaneous

49Public notice and rights of objection

  1. Where this Act requires any thing to be publicly notified, the Minister shall publish a notice of the thing in some newspaper circulating in the area in which the subject matter of the notice is situated and at least once in each of 4 daily newspapers published in Auckland, Wellington, Christchurch, and Dunedin, respectively; but if satisfied that the thing is of local or regional interest only, the Minister may limit the publication of the notice to a newspaper or newspapers circulating throughout the locality or region in which the subject matter is situated.

  2. Where the Minister gives public notice of intention to exercise any power conferred by this Act or gives public notice of an application for a concession—

  3. any person or organisation may object in writing to the Director-General against the proposal, or make written submissions on the proposal; and
    1. the Minister must give persons and organisations wishing to make objections or submissions the following time to do so:
      1. in the case of the exercise of a power, at least 40 working days:
        1. in the case of an application for a concession, at least 20 working days; and
        2. every objection or submission must be sent to the Director-General at the place, and by the date, specified in the notice; and
          1. where a person or organisation making an objection or submission so requests in the objection or submission, the Director-General shall give the person or organisation a reasonable opportunity of appearing before the Director-General in support of the objection or submission; and
            1. the Director-General shall send to the Minister with a recommendation a summary of all objections and comments received and a recommendation as to the extent to which they should be allowed or accepted; and
              1. the Minister shall consider the recommendation and the contents of the summary before deciding whether or not to proceed with the proposal.

                1. The Director-General shall determine the procedure at any hearing under this section.

                Notes
                • Section 49(2): amended, on , by section 204(1) of the Resource Legislation Amendment Act 2017 (2017 No 15).
                • Section 49(2): amended, on , by section 13(3) of the Conservation Law Reform Act 1990 (1990 No 31).
                • Section 49(2)(b): replaced, on , by section 204(2) of the Resource Legislation Amendment Act 2017 (2017 No 15).
                • Section 49(2)(ba): inserted, on , by section 204(2) of the Resource Legislation Amendment Act 2017 (2017 No 15).