Conservation Act 1987

Administration

60D: Royalties, etc, may be required in certain circumstances

You could also call this:

"You might have to pay a fee if someone lets you do something that helps you make money."

If you get permission or a licence to do something, you might have to pay royalties or fees. This can happen when someone gives you permission to do something that will help you make money or get something valuable. You can read more about this in section 60A.

When someone gives you permission, it can help you do things more easily or make a profit. This permission can also help you get assets or special rights that you would not have otherwise. The person giving you permission can refuse to give it to you unless you agree to pay royalties or fees.

This rule applies even if the person giving you permission has to give it to you by law. If you agree to pay royalties or fees, it is considered a fair deal.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM106956.


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60C: Indirect applications, or

"Asking someone for something that needs approval from someone else is called an indirect application"


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60E: Payments, or

"Money given to help with conservation under the Conservation Act"

Part 7Administration

60DRoyalties, etc, may be required in certain circumstances

  1. Where—

  2. either—
    1. any person to whom section 60A applies (in this section referred to as the grantor) is empowered by any enactment or by law to give, grant, issue, make, or reach any approval, authority, concession, concurrence, consent, decision, licence, permission, permit, or waiver, or to take or undertake any similar action; or
      1. the Governor-General is empowered by any such enactment to make an Order in Council; and
      2. an effect in any particular case of the person's doing so (or, in the case of the making of an Order in Council, an effect of the order) would be that any other person (in this section referred to as the beneficiary)—
        1. would be able, or would be able more easily, to carry on any activity; or
          1. would be able, or would be able more easily, to make a profit or a larger profit, or derive an income or a larger income, or avoid a loss or a larger loss, on or in respect of any action, transaction, or group of actions or transactions; or—
            1. would acquire or be able to acquire an asset; or
              1. would be the owner of an asset that had increased in value; or
                1. would acquire or be able to acquire any special or exclusive rights or privileges in relation to any activity or thing that, but for the various rights and privileges of the beneficiary (and, where any other persons have special or exclusive rights or privileges, the rights and privileges of those persons) would be in the public domain; or
                  1. would acquire or be able to acquire increased or additional special or exclusive rights or privileges in relation to any activity or thing that, but for the various rights and privileges of the beneficiary (and, where any other persons have special or exclusive rights or privileges, the rights and privileges of those persons) would be in the public domain,—
                  2. the grantor may refuse to take or undertake the action (or, as the case requires, the Minister may refuse to recommend to the Governor-General the making of the order) in that case unless there have been entered into arrangements satisfactory to the Director-General for the payment to the Director-General of royalties, rent, fees, and other charges, or any of them.

                  3. Subsection (1) shall have effect whether or not the grantor is under a duty imposed by any enactment or by law to take or undertake the action concerned or the Minister is under any such duty to recommend the making of the order concerned.

                  4. There shall be deemed to have been consideration for any person's entering into any arrangement with the Director-General under subsection (1).

                  Notes
                  • Section 60D: inserted, on , by section 3 of the Conservation Amendment Act 1988 (1988 No 131).
                  • Section 60D(1)(a): amended, on , by section 41(a) of the Conservation Amendment Act 1996 (1996 No 1).
                  • Section 60D(1)(a)(i): amended, on , by section 24 of the Conservation Amendment Act 1994 (1994 No 108).
                  • Section 60D(1)(b)(i): amended, on , by section 41(b) of the Conservation Amendment Act 1996 (1996 No 1).