Conservation Act 1987

Transitional, consequential amendments, and savings

64B: Powers under forestry and Crown leases, etc, exercisable by Minister or Director-General

You could also call this:

"The Minister or Director-General has powers to manage certain lands and enforce rules."

The Minister or the Director-General has some powers over certain lands. You need to know that these powers apply to lands in conservation areas, and lands that have specific rules under sections like section 61 and section 62. The Minister or the Director-General can exercise powers that were given to other people, like the Minister of Forests, under leases or licences.

The Minister or the Director-General can do things like enforce conditions of leases or licences. They can take action if someone breaks the conditions of a lease or licence. If the power relates to mining, the Minister or the Director-General must talk to the Minister of Energy before exercising it.

Some leases, licences, and authorities granted under the Forests Act 1949 are still in effect. These authorities are treated as if certain sections of the Forests Act 1949 were still in force, including sections 14, 30, 33, 36, 37, and 40 to 44. This means that the Minister or the Director-General can exercise powers under these authorities as if those sections were still in force, and they have been able to do so since 1 April 1987.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM106992.


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"Swapping land with the government: a simpler process if you have an agreement"


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65: Amendments and savings, or

"Changes to other laws when the Conservation Act 1987 started"

Part 8Transitional, consequential amendments, and savings

64BPowers under forestry and Crown leases, etc, exercisable by Minister or Director-General

  1. This section shall apply to—

  2. land in any conservation area:
    1. land to which section 61 applies:
      1. land to which section 62 applies.
        1. Subject to subsection (3), the Minister or the Director-General may exercise any power that—

        2. is conferred by any provision in any lease, licence, permit, consent, or other authority for the time being in force in respect of any land to which this section applies; and
          1. at the time it was conferred was expressed to be exercisable by—
            1. the Minister of Forests; or
              1. the Minister of Lands; or
                1. the Director-General of Forests, or any other specified office holder in the New Zealand Forest Service; or
                  1. the chief executive of the Department within the meaning of section 2 of the Survey Act 1986, or any other specified office holder of that department; and
                  2. would have been exercisable by one of the persons referred to in paragraph (b), on 31 March 1987.
                    1. The Minister or the Director-General, as the case may be, shall consult the Minister of Energy before exercising any such power if it relates to or affects any mining privilege.

                    2. Where a lease, licence, permit, consent, or other authority contains a power to which subsection (2) applies, the Minister may take all necessary proceedings—

                    3. to enforce any conditions of the lease, licence, permit, consent, or other authority:
                      1. in respect of breaches of the conditions:
                        1. in respect of any act or omission contrary to the terms upon which the lease, licence, permit, consent, or other authority was granted.
                          1. Notwithstanding section 32(1) of the State-Owned Enterprises Act 1986 but subject to subsections (2) and (3), every lease, licence, permit, consent, and other authority granted under the Forests Act 1949 in respect of any land to which this section applies, that is for the time being in force, shall have effect and be construed as if sections 14, 30, 33, 36, 37, and 40 to 44 of the Forests Act 1949 were still in force; and every such authority shall be deemed to have had such effect on and from 1 April 1987 and shall be construed accordingly.

                          Notes
                          • Section 64B: inserted, on , by section 34 of the Conservation Law Reform Act 1990 (1990 No 31).
                          • Section 64B(2)(b)(iv): substituted, on , by section 5 of the Survey Amendment Act 1996 (1996 No 55).