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Conservation Act 1987

Transitional, consequential amendments, and savings

65: Amendments and savings

You could also call this:

“Changes to other laws when the Conservation Act 1987 started”

When the Conservation Act 1987 started, some other laws were changed. You can find these changes in a list called Schedule 2. The Governor-General can also make some changes to other laws.

Some laws will now refer to the Minister of Conservation instead of other ministers. The same applies to the Director-General of Conservation and the Department of Conservation. You can find more information about these changes in Schedule 3.

Some regulations, like the State Forest Parks and Forest Recreation Regulations 1979, will be treated as if they were made under this new Act. The Titi (Muttonbird) Islands Regulations 1978 will also be treated this way.

If you see a reference to the Minister of Internal Affairs in some documents, it will now mean the Minister of Conservation. The same applies to some bylaws made under the National Parks Act 1980.

Some plans made under old laws will still work under the new Act. These plans can be replaced or changed under the new Act. You can find more information about this in section 61 and section 62.

If you had a licence or permit under an old law, it will still be valid under the new Act. However, some requirements might have changed. You can find more information about this in the Marine Farming Act 1971.

The Governor-General can make orders to change some laws, and these orders are considered secondary legislation, which has its own publication requirements as outlined in Part 3 of the Legislation Act 2019.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM106995.

Topics:
Environment and resources > Conservation Government and voting > Government departments Arts and culture > Heritage protection
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64B: Powers under forestry and Crown leases, etc, exercisable by Minister or Director-General, or

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

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Schedule 1AA: Transitional, savings, and related provisions, or

"Rules to help with changes to the Conservation Act 1987"

Part 8 Transitional, consequential amendments, and savings

65Amendments and savings

  1. The enactments specified in Schedule 2 are hereby amended in the manner indicated in that schedule.

  2. The Governor-General may, by Order in Council, amend any local or private Act so as to achieve all or any of the following ends:

  3. the substitution of references to the Minister of Conservation for references to the Minister of Agriculture, the Minister of Agriculture and Fisheries, the Minister of Fisheries, the Minister of Forests, the Minister of Internal Affairs, the Minister of Lands, the Minister of Marine, the Minister of Transport, the Land Settlement Board, or any Commissioner of Crown Lands:
    1. the substitution of references to the Director-General of Conservation for references to the Director-General of Agriculture, the Director-General of Agriculture and Fisheries, the Director-General of Forests, the Secretary for Internal Affairs, the Under-Secretary of Internal Affairs, the Director-General of Lands, the Secretary for Marine, the Secretary for Transport, the Land Settlement Board, or any Commissioner of Crown Lands:
      1. the substitution of references to the Department of Conservation for references to the Ministry of Agriculture and Fisheries, the Department of Agriculture, the New Zealand Forest Service, the Department of Internal Affairs, the Marine Department, the Ministry of Transport, the Transport Department, or the Department within the meaning of section 2 of the Survey Act 1986.

        1. The regulations specified in Schedule 3 are hereby amended in the manner indicated in that schedule.

        2. The regulations specified in Schedule 3 may be amended or revoked as if the amendments specified in that schedule had been effected by regulation and not by this Act.

        3. The State Forest Parks and Forest Recreation Regulations 1979 are hereby deemed to have been made under section 48, and may be amended or revoked accordingly.

        4. After the commencement of this Act, the Titi (Muttonbird) Islands Regulations 1978 shall have effect as if made under this Act, and may be amended or revoked accordingly.

        5. After the commencement of this Act, every reference in—

        6. any regulation, order, Proclamation, notice, rule, notification, certificate, agreement, deed, instrument, application, licence, authority, permit or other document whatsoever made, given, issued, granted, or entered into pursuant to, by, or under the Wildlife Act 1953 or any former corresponding enactment; or
            1. any District Anglers Notice given pursuant to section 71 of the Fisheries Act 1983;—
                1. to the Minister of, Secretary for, or Department of Internal Affairs shall be read as a reference to the Minister, Director-General, or, as the case may be, Department of Conservation.

              1. After the commencement of this Act, references in any bylaws made under section 56 of the National Parks Act 1980 to the Department of Lands and Survey or to the Commissioner of Crown Lands shall be read as references to the Department of Conservation or to the Director-General of Conservation, respectively.

              2. Amendment(s) incorporated in the order(s).

              3. The orders specified in subsections (9) and (10) may be amended or revoked as if the amendments effected by those subsections had been effected by Order in Council made under section 165 of the Harbours Act 1950.

              4. The following provisions shall apply in respect of every management plan approved under any former Act in relation to the management of any area that, on or after the commencement of this Act, became or becomes a conservation area or an area subject to section 61 or section 62:

              5. except to the extent that it is inconsistent with this Act, every such plan shall have effect as if it were a conservation management plan:
                1. any such plan may be replaced under this Act by a conservation management plan prepared under this Act:
                  1. any such plan or any part of any such plan that is inconsistent with any provision of this Act may, with the agreement of the appropriate Conservation Board, be declared by the Minister to have been withdrawn; and any plan or part declared to have been withdrawn under this paragraph shall cease to have effect:
                    1. where the objectives of any such plan are generally consistent with this Act, and the Director-General and the appropriate Conservation Board agree, the plan may be reviewed under section 17H or amended under section 17I.

                      1. Where there was in force immediately before the commencement of this Act any licence, permit, approval, or consent under the Harbours Act 1950 that, if granted, issued, or given, after that commencement, would have had to be granted, issued, or given by—

                      2. the Minister; or
                        1. the Minister and the Minister of Transport jointly; or
                          1. the Minister of Transport on the recommendation of the Minister; or
                            1. the Minister of Transport after consultation with the Minister; or
                              1. the Minister after consultation with the Minister of Transport,—
                                  1. it shall continue in force as if so granted, issued, or given, and may be amended, revoked, or renewed, accordingly.

                                1. Notwithstanding the repeal or amendment of any provision in the Marine Farming Act 1971, the validity, invalidity, effect, or consequences of any thing already done or suffered in respect of any licence, permit, approval, or consent under that Act, shall not be affected: provided that any change in requirements as to any consent, renewal, amendment, or any other such matter relating thereto and either provided for by this Act or occurring on or after 1 April 1987 shall be deemed to apply to such licences, permits, approvals, or consents under the Marine Farming Act 1971 as appropriate.

                                2. An order under subsection (2) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                                Notes
                                • Section 65(2)(c): amended, on , by section 5 of the Survey Amendment Act 1996 (1996 No 55).
                                • Section 65(5): substituted, on , by section 35(1) of the Conservation Law Reform Act 1990 (1990 No 31).
                                • Section 65(7)(b): repealed, on , by section 107 of the Heritage New Zealand Pouhere Taonga Act 2014 (2014 No 26).
                                • Section 65(12): substituted, on , by section 35(2) of the Conservation Law Reform Act 1990 (1990 No 31).
                                • Section 65(14): added (with effect on 1 April 1987), on , by section 11(1) of the State-Owned Enterprises Amendment Act 1987 (1987 No 117).
                                • Section 65(15): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).