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Fast-track Approvals Act 2024

Amendments

Schedule 6: Approvals relating to Conservation Act 1987, Reserves Act 1977, Wildlife Act 1953, and National Parks Act 1980

You could also call this:

“Rules for protecting nature areas while allowing some activities”

This schedule outlines procedures for approvals related to conservation, reserves, wildlife, and national parks under the Fast-track Approvals Act 2024. It covers three main areas:

  1. Concessions: The schedule defines what a concession is and outlines the process for applying for one. It specifies what information must be included in applications, how the Director-General of Conservation should report on applications, and what criteria panels should use when assessing applications. The schedule also explains how concessions granted under this Act relate to existing conservation laws.

  2. Land exchanges: This section describes how conservation land can be exchanged for other land. It outlines the application process, what information must be provided, how applications should be assessed, and what conditions can be imposed. The schedule also explains how land exchanges affect existing land rights and classifications.

  3. Conservation covenants: This part deals with amending or revoking existing conservation covenants. It specifies what information must be included in applications, how they should be assessed, and how decisions to amend or revoke covenants should be implemented.

Throughout the schedule, there are provisions to ensure that conservation values are protected and enhanced, even as the fast-track process is used to approve activities on conservation land.

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Schedule 5: Approvals relating to Resource Management Act 1991, or

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Schedule 7: Approvals relating to Wildlife Act 1953, or

"Rules for getting permission to do activities that might affect protected animals and birds"

6Approvals relating to Conservation Act 1987, Reserves Act 1977, Wildlife Act 1953, and National Parks Act 1980 Empowered by s 115

1Concessions

1Interpretation

  1. In this Part,—

    concession means—

    1. a concession that would otherwise be applied for under—
      1. the Conservation Act 1987; or
        1. section 14AA of the Wildlife Act 1953; or
          1. section 49 of the National Parks Act 1980; or
          2. a Reserves Act approval

            reserve has the meaning given in section 2(1) of the Reserves Act 1977

              Reserves Act approval means—

              1. a concession as defined in section 2(1) of the Reserves Act 1977 that would otherwise be applied for under section 59A of that Act; or
                1. a lease, licence, permit, or easement in respect of a reserve other than a Crown-administered reserve

                  right of offer or return means a right specified under legislation or an agreement for a former owner or any other person to have land returned or offered to the person (on terms or conditions or otherwise) on the occurrence of an event or circumstance.

                  2Information about concession required in referral application

                  1. The information in subclause (2) is required to be provided under section 13(4)(y)(iv) if a proposed concession includes a lease and—

                  2. the lease would be for a term (including any renewals) that will, or is likely to, be more than 50 years; and
                    1. the granting of the lease would trigger a right of first refusal or a right of offer or return.

                      1. The information is confirmation that the applicant has written agreement from the holder of the right of first refusal or right of offer or return to waive that right for the purposes of the proposed lease.

                      2. If the referral application is to be lodged by more than 1 person, the reference to the applicant in subclause (2) must be read as a reference to the person who is to be identified in the application as the proposed holder of the concession.

                      3Information required in application for concession

                      1. For the purposes of section 43(3)(e), an application for a concession must include—

                      2. a description of the proposed activity:
                        1. a description, maps, and GPS co-ordinates identifying the places where the proposed activity will be carried out (including the classification of those places, the ownership and management arrangements, and, if applicable, the name, of the places):
                          1. information about whether the project could reasonably be undertaken in another location, or in another conservation area or another part of the conservation area, where the potential adverse effects would be significantly less:
                            1. in the case of an application for an approval within paragraph (a) of the definition of concession or paragraph (a) of the definition of Reserves Act approval, information about the extent to which the project is consistent with—
                              1. the relevant conservation management strategy and conservation management plan:
                                1. any conservation management strategies or conservation management plans that have been co-authored, authored, or approved by a Treaty settlement entity:
                                2. in the case of an application for an approval within paragraph (b) of the definition of Reserves Act approval, information about the extent to which the project is consistent with any management plan approved under section 41 of the Reserves Act 1977:
                                  1. information about the extent to which the project is in keeping with the purposes for which the land is held, status, ownership and administration:
                                    1. a description of—
                                      1. the potential effects (positive and negative) of the proposed activity:
                                        1. any actions that the applicant proposes to take to avoid, remedy, mitigate, offset, or compensate for any adverse effects of the proposed activity:
                                          1. details of the type of concession for which the applicant is applying:
                                          2. a statement of—
                                            1. the proposed duration of the concession; and
                                              1. the reasons for the proposed duration:
                                              2. relevant information relating to the applicant, including any information relevant to their ability to carry out the proposed activity (including whether the applicant or any company director, trustee, partner, or anyone else involved with the application has been convicted of any offence or has any current criminal charges pending before a court):
                                                1. if the applicant applies for a lease, a licence granting an interest in land, or an easement,—
                                                  1. reasons for the request; and
                                                    1. sufficient information to satisfy the panel that, in terms of clause 7, it is appropriate under section 81 to grant the lease, licence, or easement (as the case may be):
                                                    2. full details of any consultation undertaken with relevant iwi and with reserve owners and managers:
                                                      1. information about financial and legal liabilities and obligations associated with the land:
                                                        1. in the case of an application for an approval referred to in paragraph (b) of the definition of Reserves Act approval where the reserve is owned or managed by a local authority, confirmation that the local authority has provided written agreement for the activity to be undertaken on the reserve:
                                                          1. confirmation that the applicant has written agreement from the holder of a right of first refusal or right of offer or return to waive that right for the purposes of any lease proposed in the application if—
                                                            1. the proposed lease would be for a term (including any renewals) that will, or is likely to, be more than 50 years; and
                                                              1. the granting of the lease would trigger the right of first refusal or right of offer or return.

                                                              2. If the substantive application is to be lodged by more than 1 authorised person, the references to the applicant in subclause (1)(g)(ii), (i), and (n) must be read as references to the authorised person who is to be identified in the application as the proposed holder of the concession.

                                                              4Report by Director-General of Conservation

                                                              1. The report referred to in section 51(2)(a) must include information to address the matters in clause 7(1)(a)(ii) to (xii) (except subclause (1)(a)(vii)(B) and (viii)(B)) and (b) and information about—

                                                              2. any conservation management strategies or conservation management plans that have been co-authored, authored, or approved by a Treaty settlement entity; and
                                                                1. the purposes for which the land concerned is held; and
                                                                  1. the status, ownership, and administration of the land that would be subject to the concession; and
                                                                    1. whether the land is subject to any existing arrangements that create obligations in relation to the land; and
                                                                      1. the legal and financial liabilities; and
                                                                        1. if the application is for a concession for electricity infrastructure in a national park, any statement of general policy for parks; and
                                                                          1. any conditions that should be imposed in accordance with clause 8 or section 84.

                                                                            1. The report must specify any conditions of those specified under section 78 that the panel must impose in accordance with clause 9.

                                                                            2. In preparing the report, the Director-General of Conservation must consult every person that is an administrator of the land (except if the administrator is the Crown).

                                                                            5Persons to be invited to provide written comments

                                                                            1. For the purposes of section 53(2)(m)(ii), the persons are—

                                                                            2. the New Zealand Conservation Authority; and
                                                                              1. relevant Conservation Boards; and
                                                                                1. the New Zealand Fish and Game Council; and
                                                                                  1. the Game Animal Council.

                                                                                    6Grounds for ministerial call-in of decision

                                                                                    1. For the purposes of section 74, the appropriate Minister may call in a decision on a concession if the Minister is satisfied that the concession is part of a project to which 1 or more of the following apply:

                                                                                    2. the project may have effects or pose risks that are not well understood:
                                                                                      1. the project may pose significant risks to public health and safety:
                                                                                        1. the project may impose significant liabilities on the Crown.

                                                                                          7Criteria for assessment of application for concession

                                                                                          1. For the purposes of section 81, when considering an application for a concession, including conditions in accordance with clause 8, the panel, giving the greatest weight to paragraph (a)(i),—

                                                                                          2. must take into account—
                                                                                            1. the purpose of this Act; and
                                                                                              1. Part 3B of the Conservation Act 1987 (except sections 17SB and 17U(3) of that Act) as if the application were an application for a concession under Part 3B; and
                                                                                                1. any other relevant provisions of Parts 3, 4, 4A, 5, 5B, and 5C of the Conservation Act 1987 that direct decision making in relation to Part 3B of that Act; and
                                                                                                  1. in the case of an approval referred to in paragraph (a)(ii) of the definition of concession, sections 14, 14A, and 14AA of the Wildlife Act 1953; and
                                                                                                    1. in the case of an approval referred to in paragraph (a)(iii) of the definition of concession, section 49(2) of the National Parks Act 1980; and
                                                                                                      1. the purpose for which the land is held (in the case of a Reserves Act approval, taking into account Parts 1, 2, and 3 and section 122 of the Reserves Act 1977); and
                                                                                                        1. in the case of an approval referred to in paragraph (a)(i) or (ii) of the definition of concession or paragraph (a) of the definition of Reserves Act approval,—
                                                                                                          1. any conservation management strategies or conservation management plans that have been co-authored, authored, or approved by a Treaty settlement entity; and
                                                                                                            1. the views of the entity referred to in subsubparagraph (A) on the proposed concession; and
                                                                                                            2. in the case of an approval referred to in paragraph (a)(iii) of the definition of concession,—
                                                                                                              1. any national park management strategy, conservation management strategy, national park management plan, or conservation management plan that has been co-authored, authored, or approved by a Treaty settlement entity; and
                                                                                                                1. the views of the entity referred to in subsubparagraph (A) on the proposed concession; and
                                                                                                                2. in the case of an approval within paragraph (b) of the definition of Reserves Act approval,—
                                                                                                                  1. any reserve management plans that have been co-authored, authored, or approved by a Treaty settlement entity; and
                                                                                                                    1. the views of the entity referred to in subsubparagraph (A) on the proposed concession; and
                                                                                                                    2. the status, ownership, and administration of the land that would be subject to a concession; and
                                                                                                                      1. whether the land is subject to any existing arrangements that create obligations in relation to the land; and
                                                                                                                        1. the legal and financial liabilities associated with decisions on leases, licences to occupy land, and easements:
                                                                                                                        2. may consider,—
                                                                                                                          1. in the case of an approval referred to in paragraph (a) of the definition of concession or paragraph (a) of the definition of Reserves Act approval, any policy statement or management plan of the Crown (other than a strategy or plan referred to in paragraph (a)(vii):
                                                                                                                            1. in the case of an approval within paragraph (b) of the definition of Reserves Act approval, any reserve management plan of the administering body (other than a plan referred to in paragraph (a)(ix).

                                                                                                                            2. For the purposes of subclause (1), the panel must take into account that the following provisions would or may normally require a decision maker to decline an application for a concession, but must not treat the provisions as requiring the panel to consider the documents referred to in subclause (1)(b) or to decline the approval the panel is considering:

                                                                                                                            3. sections 17U(5) and (6) and 17W(1) and (3) of the Conservation Act 1987:
                                                                                                                              1. section 49(2) of the National Parks Act 1980.

                                                                                                                                1. The panel must decline the approval if,—

                                                                                                                                2. in the case of an application for an approval referred to in paragraph (b) of the definition of Reserves Act approval where the reserve is owned or managed by a local authority, the panel is not satisfied that the local authority has provided written agreement for the activity to be undertaken on the reserve; or
                                                                                                                                  1. giving effect to the approval would result in the conferral of an interest in land that is incompatible with an existing interest in land; or
                                                                                                                                    1. the granting of the proposed concession would involve a lease for a term (including any renewals) that will, or is likely to, be more than 50 years; and
                                                                                                                                      1. the granting of the lease would trigger a right of first refusal or a right of offer or return; and
                                                                                                                                        1. the panel is not satisfied that the holder of the right of first refusal or right of offer or return has provided written agreement to waive that right for the purpose of the granting of the lease.

                                                                                                                                        2. The local authority whose agreement is required under subclause (3)(a)—

                                                                                                                                        3. must not unreasonably withhold its agreement; and
                                                                                                                                          1. in deciding whether to give its agreement, must take into account the purpose of this Act and any relevant matters under the Reserves Act 1977.

                                                                                                                                            1. For the purposes of subclause (4)(b), if a provision of the Reserves Act 1977 would require the local authority to withhold its agreement, the local authority must take into account that the provision would normally require it to withhold its agreement, but must not treat the provision as requiring it to do so.

                                                                                                                                            2. For the purposes of this clause, the provisions referred to in subclause (1) must be read with all necessary modifications, including that a reference to the Minister of Conservation in section 17U of the Conservation Act 1987 or section 49 of the National Parks Act 1980 must be read as a reference to a panel.

                                                                                                                                            8Conditions

                                                                                                                                            1. Section 17X of the Conservation Act 1987 applies with any necessary modifications to conditions for a concession as if the first reference in that section to the Minister were a reference to a panel.

                                                                                                                                            2. Subclause (3) applies instead of section 17Y(1) of the Conservation Act 1987.

                                                                                                                                            3. A panel may impose a condition that the person or body to whom the concession is granted—

                                                                                                                                            4. must pay any specified rents, fees, or royalties to the Minister of Conservation; and
                                                                                                                                              1. must pay any other levy or charge made on an occupier or owner of land, as a result of the grant of a lease, licence, or easement, either to, or as directed by, the Minister of Conservation.

                                                                                                                                                1. Without limiting subclauses (1) and (2), a panel may impose conditions that it thinks fit relating to the use of vehicles or aircraft on the land over which a concession is granted.

                                                                                                                                                9Relevant conditions specified by appropriate Minister must be imposed by panel

                                                                                                                                                1. If the panel grants the concession, the panel must impose any conditions that the Director-General of Conservation (in accordance with clause 4(2) or otherwise) indicates are relevant from those specified in accordance with section 78.

                                                                                                                                                10Section 17ZJ of Conservation Act 1987 disapplied

                                                                                                                                                1. Section 17ZJ of the Conservation Act 1987 does not apply to a decision of a panel under this Act.

                                                                                                                                                11Giving effect to decision of panel on concession

                                                                                                                                                1. If the panel grants a concession, and a period of 30 working days has expired after the decision document for the concession was issued under section 88(1), the Minister, local authority, or other person who, or body that, owns or manages the land (as applicable) must give effect to a decision of the panel including, without limitation, by executing a concession document.

                                                                                                                                                12Commencement of concession

                                                                                                                                                1. A concession commences only after it is given effect in accordance with clause 11 and in accordance with the terms of the concession document.

                                                                                                                                                13Duration of approval

                                                                                                                                                1. Section 17Z of the Conservation Act 1987 applies to the duration of a concession granted by a panel under this Act as if the references in that section to the Minister were references to a panel.

                                                                                                                                                14Concessions treated as granted under Conservation Act 1987

                                                                                                                                                1. When given effect in accordance with clause 11, an approval referred to in paragraph (a)(i) of the definition of concession that is granted under this Act has the same force and effect for its duration, and according to its terms and conditions, as if it were a concession granted under the Conservation Act 1987, except that section 17A of that Act does not apply.

                                                                                                                                                2. An application for a variation to or an extension of the concession must be determined by the Minister of Conservation in accordance with Part 3B of the Conservation Act 1987 with the following modifications:

                                                                                                                                                3. sections 17S, 17SC, 17U(1), (3), (4), and (8), 17W, and 49 of that Act do not apply; and
                                                                                                                                                  1. unless section 17ZC(1) or (3) of that Act applies, sections 53 and 54 of this Act apply with all necessary modifications as if—
                                                                                                                                                    1. references in sections 53 and 54 to the panel were references to the Minister of Conservation; and
                                                                                                                                                      1. references in section 54 to the EPA were references to the Minister of Conservation; and
                                                                                                                                                      2. for the purposes of section 17ZC(2) and (3) of the Conservation Act 1987, clause 7 applies with any necessary modifications as if the references in that clause to the panel were references to the Minister of Conservation.

                                                                                                                                                        15Concessions treated as granted under Wildlife Act 1953

                                                                                                                                                        1. When given effect in accordance with clause 11, an approval referred to in paragraph (a)(ii) of the definition of concession that is granted under this Act has the same force and effect for its duration, and according to its terms and conditions, as if it were a concession granted under section 14AA of the Wildlife Act 1953, except that sections 9(4), 14B, 14D, and 43 of that Act do not apply.

                                                                                                                                                        2. An application for a variation to or an extension of the concession must be determined by the Minister of Conservation in accordance with Part 3B of the Conservation Act 1987 with the following modifications:

                                                                                                                                                        3. sections 17S, 17SC, 17U(1), (3), (4), and (8), 17W, and 49 of that Act do not apply; and
                                                                                                                                                          1. unless section 17ZC(1) or (3) of that Act applies, sections 53 and 54 of this Act apply with all necessary modifications as if—
                                                                                                                                                            1. references in sections 53 and 54 to the panel were references to the Minister of Conservation; and
                                                                                                                                                              1. references in section 54 to the EPA were references to the Minister of Conservation; and
                                                                                                                                                              2. for the purposes of section 17ZC(2) and (3) of that Act, clause 7 applies with any necessary modifications as if the references in that clause to the panel were references to the Minister of Conservation.

                                                                                                                                                                16Concessions treated as granted under National Parks Act 1980

                                                                                                                                                                1. When given effect in accordance with clause 11, an approval referred to in paragraph (a)(iii) of the definition of concession that is granted under this Act has the same force and effect for its duration, and according to its terms and conditions, as if it were a concession granted under section 49 of the National Parks Act 1980, except that—

                                                                                                                                                                2. section 43 of the National Parks Act 1980 does not apply to it:
                                                                                                                                                                  1. no bylaw made under section 56 of the National Parks Act 1980 restricting or prohibiting the use of vehicles or aircraft in any national park applies to the activities of the concessionaire under the concession.

                                                                                                                                                                    1. An application for a variation to or an extension of the concession must be determined by the Minister of Conservation in accordance with Part 3B of the Conservation Act 1987 with the following modifications:

                                                                                                                                                                    2. sections 17S, 17SC, 17U(1), (3), (4), and (8), 17W, and 49 of that Act do not apply; and
                                                                                                                                                                      1. unless section 17ZC(1) or (3) of that Act applies, sections 53 and 54 of this Act apply with all necessary modifications as if—
                                                                                                                                                                        1. references in sections 53 and 54 to the panel were references to the Minister of Conservation; and
                                                                                                                                                                          1. references in section 54 to the EPA were references to the Minister of Conservation; and
                                                                                                                                                                          2. for the purposes of section 17ZC(2) and (3) of that Act, clause 7 applies with any necessary modifications as if the references in that clause to the panel were references to the Minister of Conservation.

                                                                                                                                                                            17Concessions treated as granted under Reserves Act 1977

                                                                                                                                                                            1. When given effect in accordance with clause 11, a Reserves Act approval that is granted under this Act has the same force and effect for its duration, and according to its terms and conditions, as if it were granted under section 59A of the Reserves Act 1977, except that sections 40A and 40B of that Act do not apply to it.

                                                                                                                                                                            2. An application for a variation to or an extension of an approval referred to in paragraph (a) of the definition of Reserves Act approval must be determined by the Minister of Conservation in accordance with Part 3B of the Conservation Act 1987 as if it were a variation of a concession within the meaning of the Reserves Act 1977 with the following modifications:

                                                                                                                                                                            3. sections 17S, 17SC, 17U(1), (3), (4), and (8), 17W, and 49 of the Conservation Act 1987 do not apply; and
                                                                                                                                                                              1. unless section 17ZC(1) or (3) of that Act applies, sections 53 and 54 of this Act apply with all necessary modifications as if—
                                                                                                                                                                                1. references in sections 53 and 54 to the panel were references to the Minister of Conservation; and
                                                                                                                                                                                  1. references in section 54 to the EPA were references to the Minister of Conservation; and
                                                                                                                                                                                  2. for the purpose of section 17ZC(2) and (3) of that Act, clause 7 applies with any necessary modifications as if the references in that clause to the panel were references to the Minister of Conservation.

                                                                                                                                                                                    1. An application for a variation of or an extension to an approval referred to in paragraph (b) of the definition of Reserves Act approval must be determined by the administering body in accordance with Part 3B of the Conservation Act 1987 as if it were a variation of a concession within the meaning of the Reserves Act 1977 with the following modifications:

                                                                                                                                                                                    2. sections 17S, 17SC, 17U(1), (3), (4), and (8), 17W, and 49 of the Conservation Act 1987 do not apply; and
                                                                                                                                                                                      1. sections 53 and 54 of this Act apply with all necessary modifications as if—
                                                                                                                                                                                        1. references in sections 53 and 54 to the panel were references to the administering body; and
                                                                                                                                                                                          1. references in section 54 to the EPA were references to the administering body; and
                                                                                                                                                                                          2. for the purpose of section 17ZC(2) of the Conservation Act 1987, clause 7 applies with any necessary modifications as if the references in that clause to the panel were references to the administering body.

                                                                                                                                                                                            18Section 17ZD Conservation Act 1987

                                                                                                                                                                                            1. Nothing in clauses 14 to 17 limits or affects section 17ZD of the Conservation Act 1987, which applies with any necessary modifications to a concession granted under this Act.

                                                                                                                                                                                            19Enforcement of conditions of concession

                                                                                                                                                                                            1. Section 51(2) of the Conservation Act 1987 applies in relation to any concession granted under this Act with all necessary modifications, including that—

                                                                                                                                                                                            2. the first reference to the Minister must be read as a reference to the panel; and
                                                                                                                                                                                              1. the reference to a conservation area must be read as a reference to any land over which a concession is granted under this Act.

                                                                                                                                                                                                20Review of royalties, rents, etc

                                                                                                                                                                                                1. If a panel has, in accordance with clause 8, imposed any condition on a concession for the payment of rents, fees, royalties, or other charges, the review provided for by section 17Y(3) of the Conservation Act 1987 must be done by the Minister of Conservation.

                                                                                                                                                                                                21Compensation must benefit conservation land

                                                                                                                                                                                                1. The Director-General of Conservation must ensure that compensation in relation to a concession granted under this Act for land administered by the Department of Conservation is applied to land administered by the Department of Conservation (and not other land) with the objective of achieving positive effects.

                                                                                                                                                                                                2. In any case to which subclause (1) does not apply, the owner of land must ensure that compensation in relation to a concession granted under this Act for the land is applied to reserve land administered by that owner (and not other land) with the objective of achieving positive effects.

                                                                                                                                                                                                3. In this clause, compensation means any measure—

                                                                                                                                                                                                4. proposed or agreed to by the applicant who is the proposed holder of a concession to ensure positive effects on the environment to offset or compensate for any adverse effects that will or may result from allowing an activity; or
                                                                                                                                                                                                  1. imposed by a panel in accordance with clause 8.

                                                                                                                                                                                                    2Land exchanges

                                                                                                                                                                                                    22Interpretation

                                                                                                                                                                                                    1. In this Part,—

                                                                                                                                                                                                      conservation area has the meaning given in section 2(1) of the Conservation Act 1987, but excludes land listed in Schedule 4

                                                                                                                                                                                                        Crown-owned reserve means land that is—

                                                                                                                                                                                                        1. vested in the Crown; and
                                                                                                                                                                                                          1. either—
                                                                                                                                                                                                            1. classified under the Reserves Act 1977 as a scenic reserve, recreation reserve, historic reserve, government purpose reserve, or local purpose reserve; or
                                                                                                                                                                                                              1. declared under section 14A of the Wildlife Act 1953 to be a wildlife management reserve

                                                                                                                                                                                                              land exchange means the exchange of one of the following for other land by the applicant:

                                                                                                                                                                                                              1. a conservation area or part of a conservation area:
                                                                                                                                                                                                                1. a Crown-owned reserve or part of a Crown-owned reserve.

                                                                                                                                                                                                                2. If the substantive application is to be lodged by more than 1 authorised person, the reference to the applicant in the definition of land exchange must be read as a reference to the authorised person who is to be identified in the application as the person proposed to exchange land.

                                                                                                                                                                                                                23Information about land exchange required in referral application

                                                                                                                                                                                                                1. The information required to be provided under section 13(4)(y)(v) is—

                                                                                                                                                                                                                2. a description of both land areas proposed for exchange (for example, maps showing areas and location, addresses, and legal descriptions where possible:
                                                                                                                                                                                                                  1. the financial value of the land proposed to be acquired by the Crown:
                                                                                                                                                                                                                    1. a brief description of the conservation values of both pieces of land, including an explanation of why the exchange would benefit the conservation estate:
                                                                                                                                                                                                                      1. if the land exchange would trigger a right of first refusal or a right of offer or return, confirmation that the applicant has written agreement from the holder of the right of first refusal or right of offer or return to waive that right for the purpose of the land exchange:
                                                                                                                                                                                                                        1. confirmation by the applicant that no part of any land to be exchanged by the Crown is—
                                                                                                                                                                                                                          1. land listed in Schedule 4; or
                                                                                                                                                                                                                            1. a reserve declared to be a national reserve under section 13 of the Reserves Act 1977.

                                                                                                                                                                                                                            2. If the substantive application is to be lodged by more than 1 person, the reference to the applicant in subclause (1)(d) must be read as a reference to the person who is to be identified in the application as the person proposed to exchange land.

                                                                                                                                                                                                                            24Information required under section 33

                                                                                                                                                                                                                            1. The information provided for the purposes of section 33 must include—

                                                                                                                                                                                                                            2. an assessment of the conservation values of both pieces of land, including an explanation of why the exchange would benefit the conservation estate:
                                                                                                                                                                                                                              1. details of any improvement work to be done to provide a net conservation benefit, including how any money to be provided for improvements to the land could be spent:
                                                                                                                                                                                                                                1. any proposals to address impacts on existing users of the land to be disposed of by the Crown, such as proposed easements where access to private land or a culturally significant site is via the Crown land that will become private land:
                                                                                                                                                                                                                                  1. information about financial and legal liabilities and obligations associated with the land to be acquired by the Crown:
                                                                                                                                                                                                                                    1. if the land exchange would trigger a right of first refusal or a right of offer or return, a copy of the written agreement from the holder of the right of first refusal or right of offer or return to waive that right for the purpose of the land exchange:
                                                                                                                                                                                                                                      1. full details of any consultation undertaken by the applicant with relevant iwi, and any others with rights or interests in the land to be exchanged by the Crown.

                                                                                                                                                                                                                                        25Persons to be invited to provide written comments

                                                                                                                                                                                                                                        1. For the purposes of section 35, the persons are—

                                                                                                                                                                                                                                        2. the New Zealand Conservation Authority; and
                                                                                                                                                                                                                                          1. relevant Conservation Boards; and
                                                                                                                                                                                                                                            1. the New Zealand Fish and Game Council; and
                                                                                                                                                                                                                                              1. the Game Animal Council; and
                                                                                                                                                                                                                                                1. a person with rights or interests in the land to be exchanged by the Crown.

                                                                                                                                                                                                                                                  26Report by Director-General of Conservation

                                                                                                                                                                                                                                                  1. The report referred to in section 35(3) must include information to address the matters in clause 29(1)(a)(ii) to (vi) and (b), including—

                                                                                                                                                                                                                                                  2. the conservation values of the land concerned, including how threatened or abundant they are, and a comparative assessment of the values that relate to each area of land concerned; and
                                                                                                                                                                                                                                                    1. the financial implications for the Crown of the land exchange; and
                                                                                                                                                                                                                                                      1. whether the consequences of the land exchange would be practical to manage on an ongoing basis, including consideration of whether the land exchange would result in an enclave of private land within a conservation area or a Crown-owned reserve; and
                                                                                                                                                                                                                                                        1. the legal and financial liabilities, and health and safety risks, for the Crown associated with the land exchange; and
                                                                                                                                                                                                                                                          1. statements of general policy approved under section 17B or 17C of the Conservation Act 1987; and
                                                                                                                                                                                                                                                            1. any conservation management strategy, conservation management plan, or reserve management plan that has been co-authored, authored, or approved by a Treaty settlement entity; and
                                                                                                                                                                                                                                                              1. any conditions that should be imposed in accordance with clause 31 or 32 or section 84.

                                                                                                                                                                                                                                                                1. The report must specify any conditions of those specified under section 78 that the panel must impose in accordance with clause 33.

                                                                                                                                                                                                                                                                2. If the land proposed to be exchanged by the Crown is a Crown-owned reserve managed by someone other than the Department of Conservation, in preparing the report, the Director-General of Conservation must consult the manager of the reserve.

                                                                                                                                                                                                                                                                27Information required under section 43 for land exchange application

                                                                                                                                                                                                                                                                1. For the purposes of section 43(3)(f), the application—

                                                                                                                                                                                                                                                                2. must contain the report provided to the authorised person under section 35; and
                                                                                                                                                                                                                                                                  1. must not contain any further information in relation to the land exchange.

                                                                                                                                                                                                                                                                    28Grounds for ministerial call-in of decision

                                                                                                                                                                                                                                                                    1. For the purposes of section 74, the appropriate Minister may call in a decision on land exchange if the Minister is satisfied that either or both of the following apply:

                                                                                                                                                                                                                                                                    2. the land exchange could—
                                                                                                                                                                                                                                                                      1. displace holders of interests in, and other users of, Crown land; and
                                                                                                                                                                                                                                                                        1. as a result, pose significant financial, legal, or other risks for the Crown:
                                                                                                                                                                                                                                                                        2. the land exchange could result in the Crown acquiring land that would have significant ongoing management costs.

                                                                                                                                                                                                                                                                          29Criteria for panel

                                                                                                                                                                                                                                                                          1. For the purposes of section 81, when considering a land exchange, including conditions in accordance with clause 32, the panel, giving the greatest weight to paragraph (a)(i),—

                                                                                                                                                                                                                                                                          2. must take into account—
                                                                                                                                                                                                                                                                            1. the purpose of this Act; and
                                                                                                                                                                                                                                                                              1. the conservation values of the land concerned, including how threatened or abundant they are, and a comparative assessment of the values that relate to each area of land concerned; and
                                                                                                                                                                                                                                                                                1. the financial implications for the Crown of the land exchange; and
                                                                                                                                                                                                                                                                                  1. whether the consequences of the land exchange would be practical to manage on an ongoing basis, including consideration of whether the land exchange would result in an enclave of private land within a conservation area or a Crown-owned reserve; and
                                                                                                                                                                                                                                                                                    1. the legal and financial liabilities, and health and safety risks, for the Crown associated with the land exchange; and
                                                                                                                                                                                                                                                                                      1. statements of general policy approved under section 17B or 17C of the Conservation Act 1987; and
                                                                                                                                                                                                                                                                                        1. any conservation management strategy, conservation management plan, or reserve management plan that has been co-authored, authored, or approved by a Treaty settlement entity and the views of the entity on the proposed land exchange; and
                                                                                                                                                                                                                                                                                        2. may consider any conservation management strategy, conservation management plan, or reserve management plan (other than a strategy or plan referred to in paragraph (a)(vii)).

                                                                                                                                                                                                                                                                                          1. The panel must not grant the approval unless the panel is satisfied that the land exchange (including any money that may be received under clause 30 and any conditions that the panel may impose in accordance with clause 32) will enhance the conservation values of land managed by the Department of Conservation.

                                                                                                                                                                                                                                                                                          2. The panel must not grant the approval if—

                                                                                                                                                                                                                                                                                          3. the land to be exchanged by the Crown is—
                                                                                                                                                                                                                                                                                            1. land listed in Schedule 4; or
                                                                                                                                                                                                                                                                                              1. a reserve declared to be a national reserve under section 13 of the Reserves Act 1977; or
                                                                                                                                                                                                                                                                                              2. the land exchange would trigger a right of first refusal or a right of offer or return, and the panel is not satisfied that the holder of the right of first refusal or right of offer or return has agreed in writing to waive that right for the purpose of the land exchange.

                                                                                                                                                                                                                                                                                                1. If, in relation to land, a declaration has been made under the Conservation Act 1987,—

                                                                                                                                                                                                                                                                                                2. the declaration does not prevent the land from being subject to a land exchange in accordance with this clause; and
                                                                                                                                                                                                                                                                                                  1. a revocation under section 18(7) of that Act is not required to effect that land exchange.

                                                                                                                                                                                                                                                                                                    1. In subclause (4), declaration means—

                                                                                                                                                                                                                                                                                                    2. a declaration under section 18 of the Conservation Act 1987; or
                                                                                                                                                                                                                                                                                                      1. the classification of land under section 61 or 62 of that Act as land deemed to be held for specified purposes under those sections.

                                                                                                                                                                                                                                                                                                        30Panel may authorise receipt of money by the Crown alongside land exchange

                                                                                                                                                                                                                                                                                                        1. Alongside a land exchange under this Act, the panel may authorise the receipt by the Crown of money.

                                                                                                                                                                                                                                                                                                        31Preconditions for land exchange

                                                                                                                                                                                                                                                                                                        1. For the purposes of sections 81 and 86,—

                                                                                                                                                                                                                                                                                                        2. a panel may impose a condition that the applicant—
                                                                                                                                                                                                                                                                                                          1. obtain any resource consent or other matter necessary to enable the land exchange to be effected:
                                                                                                                                                                                                                                                                                                            1. obtain any agreement with the holder of an interest in land:
                                                                                                                                                                                                                                                                                                            2. if the agreement of the holder of an interest in land is required for the land exchange to be effected, the panel must impose a condition that the applicant obtain that agreement:
                                                                                                                                                                                                                                                                                                              1. if the land offered by the applicant is of lower market value than the land to be given by way of exchange by the Crown, the panel must impose a condition that the applicant pay an amount of money to the Crown to offset the inequality.

                                                                                                                                                                                                                                                                                                                1. No condition may be imposed in accordance with subclause (1) requiring the payment of money by the Crown to offset any inequality between the market value of the land to be acquired by the Crown and the land to be given by way of exchange by the Crown, and nothing in this Act otherwise requires such a payment.

                                                                                                                                                                                                                                                                                                                2. If the substantive application is lodged by more than 1 authorised person, the reference to the applicant in subclause (1)(a) must be read as a reference to the authorised person who is identified in the application as the person proposing to exchange land.

                                                                                                                                                                                                                                                                                                                32Conditions

                                                                                                                                                                                                                                                                                                                1. The panel may grant a land exchange subject to a condition that—

                                                                                                                                                                                                                                                                                                                2. the land being given by way of exchange by the Crown will be subject to a reservation, classification, interest, or encumbrance specified by the panel:
                                                                                                                                                                                                                                                                                                                  1. the applicant is required to undertake or bear the cost of any work that the panel thinks necessary as part of ensuring that the land exchange will enhance the conservation values of land managed by the Department of Conservation.

                                                                                                                                                                                                                                                                                                                    1. The panel may impose any condition to address impacts on any person who has a right to use the land, but the condition must not include the requirement for the applicant to obtain the person’s agreement to the land exchange.

                                                                                                                                                                                                                                                                                                                    2. If the substantive application is lodged by more than 1 authorised person, the references to the applicant in subclauses (1) and (2) must be read as references to the authorised person who is identified in the application as the person proposed to exchange land.

                                                                                                                                                                                                                                                                                                                    33Certain conditions specified in report must be imposed by panel

                                                                                                                                                                                                                                                                                                                    1. If the panel grants the land exchange, the panel must impose any conditions that are specified in accordance with clause 26(2).

                                                                                                                                                                                                                                                                                                                    34Giving effect to decision of panel on land exchange

                                                                                                                                                                                                                                                                                                                    1. If a panel grants a land exchange, the Minister of Conservation must give notice in the Gazette of the exchange and otherwise, on behalf of the Crown, do anything that may be necessary to effect the land exchange if—

                                                                                                                                                                                                                                                                                                                    2. the preconditions imposed in accordance with clause 31 have been met; and
                                                                                                                                                                                                                                                                                                                      1. a period of 30 working days has expired after the decision document for the land exchange was issued under section 88(1).

                                                                                                                                                                                                                                                                                                                        1. All land acquired by the Crown under this clause must be held for any conservation purposes that the Minister of Conservation may specify in respect of that land by notice in the Gazette.

                                                                                                                                                                                                                                                                                                                        2. Money received under clause 30 must be used on improvements to the land acquired by the Crown that were necessary to satisfy the panel in accordance with clause 29 that the land exchange would enhance the conservation values of land managed by the Department of Conservation.

                                                                                                                                                                                                                                                                                                                        3. The Registrar-General of Land is authorised to make any entry in a register and do all other things that may be necessary to give effect to a land exchange approved under this Act.

                                                                                                                                                                                                                                                                                                                        35Commencement of approval for land exchange

                                                                                                                                                                                                                                                                                                                        1. An approval granting a land exchange commences only after it is given effect in accordance with clause 34.

                                                                                                                                                                                                                                                                                                                        36Effect of land exchange

                                                                                                                                                                                                                                                                                                                        1. When the land exchange is effected in accordance with clause 34(1), the land being given by way of exchange by the Crown is no longer subject to any reservation, classification, interest, or encumbrance unless included as a condition of the exchange under clause 32 and notified in the Gazette notice of the exchange.

                                                                                                                                                                                                                                                                                                                        37Sections of Reserves Act 1977 disapplied

                                                                                                                                                                                                                                                                                                                        1. Nothing in section 15(2) or (6) of the Reserves Act 1977 applies to a land exchange granted under this Act.

                                                                                                                                                                                                                                                                                                                        38Sections of Conservation Act 1987 disapplied

                                                                                                                                                                                                                                                                                                                        1. The following provisions of the Conservation Act 1987 do not apply to land that is given by the Crown by way of a land exchange granted under this Act:

                                                                                                                                                                                                                                                                                                                        2. section 24:
                                                                                                                                                                                                                                                                                                                          1. section 24E(2) to (4):
                                                                                                                                                                                                                                                                                                                            1. section 24F:
                                                                                                                                                                                                                                                                                                                              1. section 62.

                                                                                                                                                                                                                                                                                                                                39Section 40 of Public Works Act 1981 disapplied

                                                                                                                                                                                                                                                                                                                                1. Nothing in section 40 of the Public Works Act 1981 applies to land that is subject to a land exchange granted under this Act.

                                                                                                                                                                                                                                                                                                                                40Land exchange deemed to be disposal under Conservation Act 1987 for purposes of Treaty settlement Acts

                                                                                                                                                                                                                                                                                                                                1. For the purposes of a Treaty settlement Act, a land exchange granted under this Act is deemed for the purposes of section 16A of the Conservation Act 1987 or, as the case may be, section 15 of the Reserves Act 1977 to be a disposal of the land exchanged.

                                                                                                                                                                                                                                                                                                                                3Conservation covenants

                                                                                                                                                                                                                                                                                                                                41Interpretation

                                                                                                                                                                                                                                                                                                                                1. In this Part, conservation covenant means a covenant in force under section 27 of the Conservation Act 1987 or section 77 of the Reserves Act 1977.

                                                                                                                                                                                                                                                                                                                                42Information required in application for amendment or revocation of conservation covenant

                                                                                                                                                                                                                                                                                                                                1. For the purposes of section 43(3)(g), an application for an amendment or revocation of a conservation covenant must include—

                                                                                                                                                                                                                                                                                                                                2. a general assessment of the values protected by the covenant (informed by the covenant purpose and objectives), including the extent of any values of regional, national, or international significance:
                                                                                                                                                                                                                                                                                                                                  1. if the application relates only to a portion of the area protected by a conservation covenant, a description of the area affected, and the values contained within it:
                                                                                                                                                                                                                                                                                                                                    1. assessment of impacts of the project on those values and any proposed methods of addressing those impacts:
                                                                                                                                                                                                                                                                                                                                      1. whether and to what extent the values that will be impacted by the project are found elsewhere in any part of the covenanted area that will remain subject to the covenant protection:
                                                                                                                                                                                                                                                                                                                                        1. the contact details of the owner of the burdened land or, if the covenant relates to more than 1 parcel of land, of the owner of each piece of land that will be directly affected by the proposed activity:
                                                                                                                                                                                                                                                                                                                                          1. the written consent to the proposed amendment or revocation of each person referred to in paragraph (e):
                                                                                                                                                                                                                                                                                                                                            1. if the covenant was granted in favour of a local authority or other body under section 77 of the Reserves Act 1977, the written consent of that local authority or other body:
                                                                                                                                                                                                                                                                                                                                              1. details of the covenant, including—
                                                                                                                                                                                                                                                                                                                                                1. the addresses of all land subject to the covenant:
                                                                                                                                                                                                                                                                                                                                                  1. a copy of the covenant deed and any variations.

                                                                                                                                                                                                                                                                                                                                                  43Report by Director-General of Conservation

                                                                                                                                                                                                                                                                                                                                                  1. The report referred to in section 51(2)(b) must include information about—

                                                                                                                                                                                                                                                                                                                                                  2. the purpose of the conservation covenant and the conservation values of the land concerned; and
                                                                                                                                                                                                                                                                                                                                                    1. whether the amendment or revocation will compromise values of regional, national, or international significance; and
                                                                                                                                                                                                                                                                                                                                                      1. any conditions that should be imposed in accordance with clause 46 or section 84.

                                                                                                                                                                                                                                                                                                                                                        44Persons to be invited to provide written comments

                                                                                                                                                                                                                                                                                                                                                        1. For the purposes of section 53(2)(m)(iii), the persons are—

                                                                                                                                                                                                                                                                                                                                                        2. the New Zealand Conservation Authority; and
                                                                                                                                                                                                                                                                                                                                                          1. relevant Conservation Boards; and
                                                                                                                                                                                                                                                                                                                                                            1. the New Zealand Fish and Game Council; and
                                                                                                                                                                                                                                                                                                                                                              1. the Game Animal Council.

                                                                                                                                                                                                                                                                                                                                                                45Criteria for assessment of application for amendment or revocation of conservation covenant

                                                                                                                                                                                                                                                                                                                                                                1. For the purposes of section 81, when considering an application for an amendment or a revocation of a conservation covenant, including conditions in accordance with clause 46, the panel must take into account, giving the greatest weight to paragraph (a),—

                                                                                                                                                                                                                                                                                                                                                                2. the purpose of this Act; and
                                                                                                                                                                                                                                                                                                                                                                  1. the purpose of the covenant and the conservation values of the land concerned; and
                                                                                                                                                                                                                                                                                                                                                                    1. whether the amendment or revocation will compromise values of regional, national, or international significance.

                                                                                                                                                                                                                                                                                                                                                                      1. The panel must not grant the approval unless the written consent referred to in clause 42(f) and, as the case may be, clause 42(g) has been obtained.

                                                                                                                                                                                                                                                                                                                                                                      46Conditions

                                                                                                                                                                                                                                                                                                                                                                      1. A panel may set conditions relating to the use of land on the amendment or revocation of a conservation covenant, including—

                                                                                                                                                                                                                                                                                                                                                                      2. in the case of the revocation of a covenant, the protection by the applicant of equivalent land outside the area of the covenant:
                                                                                                                                                                                                                                                                                                                                                                        1. in the case of the variation of a covenant, the carrying out by the applicant of works to enhance conservation values on land remaining within the covenant.

                                                                                                                                                                                                                                                                                                                                                                          1. If the substantive application is lodged by more than 1 authorised person, the reference to the applicant in subclause (1) must be read as a reference to the authorised person who will benefit from the amendment or revocation of the conservation covenant.

                                                                                                                                                                                                                                                                                                                                                                          47Giving effect to decision of panel on amendment or revocation of conservation covenant

                                                                                                                                                                                                                                                                                                                                                                          1. If a panel grants an amendment or a revocation of a conservation covenant, the Minister of Conservation (or, if the covenant was granted in favour of a local authority or other body under section 77 of the Reserves Act 1977, that local authority or other body) must, after a period of 30 working days has expired after the decision document for the amendment or revocation was issued under section 88(1), give effect to the amendment or revocation by—

                                                                                                                                                                                                                                                                                                                                                                          2. applying in writing to the Registrar-General of Land to remove any registration or notation of the conservation covenant from the record of title for the land, or to amend the registration or notation; and
                                                                                                                                                                                                                                                                                                                                                                            1. doing anything else necessary to amend or revoke the conservation covenant.

                                                                                                                                                                                                                                                                                                                                                                              1. Despite anything to the contrary in the covenant deed, the Registrar-General of Land must amend or remove a registration or notation of the conservation covenant in accordance with an application under subclause (1)(a).

                                                                                                                                                                                                                                                                                                                                                                              48Commencement of amendment or revocation of covenant

                                                                                                                                                                                                                                                                                                                                                                              1. The amendment or revocation of a covenant under this Act commences only after it is given effect in accordance with clause 47.