Plain language law

New Zealand law explained for everyone

This page is about a bill. That means that it's not the law yet, but some people want it to be the law. It could change quickly, and some of the information is just a draft.

Fast-track Approvals Bill

Amendments and repeals

Schedule 5: Process Approvals relating to Conservation Act 1987 and Reserves Act 1977

You could also call this:

“Steps for getting permission to do things in nature areas”

This schedule outlines the process for approving concessions under the Conservation Act 1987 and Reserves Act 1977 as part of the Fast-track Approvals Bill. It covers applications for activities on conservation land and reserves.

You need to provide detailed information when applying for a concession, including describing the proposed activity, its location, potential effects, and how you’ll manage any impacts. The Department of Conservation will prepare a report on your application. A panel will then assess it, considering factors like conservation strategies, land status, and environmental effects.

The schedule also covers land exchanges between the Crown and private parties, as well as amendments to conservation covenants. For these, you need to provide information on the conservation values involved and get consent from relevant landowners. The panel will evaluate if the changes would enhance conservation overall before approving them.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS943454.

Topics:
Environment and resources > Conservation
Environment and resources > Town planning
Government and voting > Government departments
Previous

Schedule 4: Approvals relating to Resource Management Act 1991, or

“Rules for getting permission to use land and water in New Zealand”

Next

Schedule 6: Process for approvals under Approvals relating to Wildlife Act 1953, or

“How to get permission for activities that might affect protected animals”

5 Process Approvals relating to Conservation Act 1987 and Reserves Act 1977 Empowered by s 30(1)

1Process relating to concessions under Conservation Act 1987 and approvals under Reserves Act 1977

1Interpretation

  1. In this schedule,—

    concession means—

    1. a concession that would otherwise be applied for under the Conservation Act 1987; or
      1. 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.

            2Information required for application for concession

            1. 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 5 , it is appropriate under section 24W 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.

                                              3Report by Department of Conservation

                                              1. The report referred to in section 24G must include 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 the views of the entity on the proposed concession; 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 associated with decisions on leases, licences to occupy land, and easements.

                                                        1. In preparing the report, the Department of Conservation must consult every person that is an owner or administrator of the land (except for an owner or administrator that is the Crown).

                                                        4Persons to be invited to provide written comments

                                                        1. For the purposes of section 24M(2)(k) , 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.

                                                                5Criteria for assessment of application for concession

                                                                1. For the purpose of section 24W , when considering an application for a concession, 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, 17U(3) and (4), and 17W) 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. 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) 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 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; and
                                                                                        1. the report on the application that is prepared in accordance with clause 3 :
                                                                                        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)(v) :
                                                                                            1. in the case of an approval within paragraph (b) of the definition of Reserves Act approval, any reserve management plan of the administering authority (other than a plan referred to in paragraph (a)(vi) .

                                                                                            2. For the purpose of subclause (1)(a)(ii) , sections 17U(5) and (6) and 17W of the Conservation Act 1987 are to be treated as factors that must be taken into account by the panel under subclause (1)(a)(ii) rather than mandatory requirements.

                                                                                            3. 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 in section 17U of the Conservation Act 1987 must be read as a reference to a panel.

                                                                                            6Conditions

                                                                                            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. Section 17Y of the Conservation Act 1987 applies in respect of a concession granted under this Act as if the first reference in that section to the Minister were a reference to a panel.

                                                                                            7Duration 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.

                                                                                            8Status of concession and variation to or extension of concession

                                                                                            1. An approval referred to in paragraph (a) 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 or an extension to the concession must be determined by the Minister of Conservation in accordance with 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. sections 24M and 24N of this Act apply with all necessary modifications as if—
                                                                                                1. references in sections 24M and 24N to the panel were references to the Minister of Conservation; and
                                                                                                  1. references in section 24N to the EPA were references to the Minister of Conservation; and
                                                                                                  2. for the purposes of section 17ZC, clause 5 applies with any necessary modifications as if the references in that clause to the panel were references to the Minister of Conservation.

                                                                                                    8AStatus of Reserves Act approval and variation to or extension of Reserves Act approval

                                                                                                    1. 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 or an extension to 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 to 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. sections 24M and 24N of this Act apply with all necessary modifications as if—
                                                                                                        1. references in sections 24M and 24N to the panel were references to the Minister of Conservation; and
                                                                                                          1. references in section 24N to the EPA were references to the Minister of Conservation; and
                                                                                                          2. for the purpose of section 17ZC of the Conservation Act 1987, clause 5 applies with any necessary modifications as if the references in that clause to the panel were references to the Minister.

                                                                                                            1. An application for a variation 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 to 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 24M and 24N of this Act apply with all necessary modifications as if—
                                                                                                                1. references in sections 24M and 24N to the panel were references to the administering body; and
                                                                                                                  1. references in section 24N to the EPA were references to the administering body; and
                                                                                                                  2. for the purpose of section 17ZC of the Conservation Act 1987, clause 5 applies with any necessary modifications as if the references in that clause to the panel were references to the administering body.

                                                                                                                    8BCompensation must benefit conservation land

                                                                                                                    1. The chief executive of the Department 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 for 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 under section 24W of this Act in accordance with 17X(d) of the Conservation Act 1987.

                                                                                                                        2Modifications to fast-track approvals process for concessions

                                                                                                                        3Land exchanges

                                                                                                                        17Interpretation

                                                                                                                        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 3A

                                                                                                                            Crown-owned reserve means land that is—

                                                                                                                            1. vested in and managed by 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 an approval of the kind described in section 24C(3)(d) .

                                                                                                                                  17AInformation about land exchange required in referral application

                                                                                                                                  1. The information required to be provided under section 14(3)(x)(ii) 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, excluding an explanation of why the exchange would benefit the conservation estate:
                                                                                                                                        1. if the exchange would trigger a right of first refusal or a gift-back obligation, confirmation that the applicant has written approval for the exchange from the holder of that right or obligation:
                                                                                                                                          1. confirmation by the applicant that no part of any land to be exchanged by the Crown is—
                                                                                                                                            1. land listed in Schedule 3A ; or
                                                                                                                                              1. a reserve declared to be a national reserve under section 13 of the Reserves Act 1977.

                                                                                                                                              17BReport by Department of Conservation

                                                                                                                                              1. The report referred to in section 24AC must include information about—

                                                                                                                                              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, associated with any leases, licences to occupy land, or easements; and
                                                                                                                                                      1. statements of general policy approved under section 17B or 17C of the Conservation Act 1987.

                                                                                                                                                        17CInformation to be included in application for land exchange

                                                                                                                                                        1. The information provided for the purposes of section 24AB 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 public conservation 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 exchange would trigger a right of first refusal or a gift-back obligation, a copy of the written approval for the exchange from the holder of that right or obligation:
                                                                                                                                                                  1. full details of any consultation undertaken by the applicant with relevant iwi, and any others with interests in the land to be exchanged by the Crown.

                                                                                                                                                                    17DCriteria for panel

                                                                                                                                                                    1. For the purposes of section 24W , when considering an application for a land exchange, the panel must take into account, giving the greatest weight to paragraph (a) ,—

                                                                                                                                                                    2. 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, associated with any leases, licences to occupy land, easements, or permits; and
                                                                                                                                                                              1. statements of general policy approved under section 17B or 17C of the Conservation Act 1987.

                                                                                                                                                                                1. The panel must not grant the application unless the panel is satisfied that the land exchange (including any money that may be received under clause 17E(2) ) will enhance the conservation values of land managed by the Department of Conservation.

                                                                                                                                                                                2. If the land exchange would trigger a right of first refusal or a gift-back, the panel must be satisfied before granting the application that the land exchange has been agreed in writing by the holder of the first right of refusal or gift-back right.

                                                                                                                                                                                3. The panel must not grant the application if the land to be exchanged by the Crown is—

                                                                                                                                                                                4. land listed in Schedule 3A ; or
                                                                                                                                                                                  1. a reserve declared to be a national reserve under section 13 of the Reserves Act 1977.

                                                                                                                                                                                    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 (5) ,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.

                                                                                                                                                                                            17EConditions

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

                                                                                                                                                                                            17FFurther provisions concerning land exchange

                                                                                                                                                                                            1. If a panel grants a land exchange under this Act, the Minister of Conservation must give notice in the Gazette of the exchange.

                                                                                                                                                                                            2. 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.

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

                                                                                                                                                                                            4. Money received under subclause (3) must be used on improvements to the land acquired by the Crown that are necessary to satisfy the Minister of Conservation that the land exchange will enhance the conservation values of land managed by the Department of Conservation.

                                                                                                                                                                                            5. The Minister of Conservation or the Director-General may, on behalf of the Crown, do anything that may be necessary to effect the land exchange.

                                                                                                                                                                                            17GEffect of land exchange

                                                                                                                                                                                            1. When the land exchange is effected in accordance with clause 17E(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 17E and notified in the Gazette notice of the exchange.

                                                                                                                                                                                            17HSections 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.

                                                                                                                                                                                            19Sections 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.

                                                                                                                                                                                                    20Section 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.

                                                                                                                                                                                                    21Land 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.

                                                                                                                                                                                                    4Conservation covenants

                                                                                                                                                                                                    22Interpretation

                                                                                                                                                                                                    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.

                                                                                                                                                                                                    23Information required for application for amendment or revocation of conservation covenant

                                                                                                                                                                                                    1. An application for an approval described in section 24C(3)(e) (amendment or revocation of 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.

                                                                                                                                                                                                                      24Report by Department of Conservation

                                                                                                                                                                                                                      1. The report referred to in section 24G(2)(b) must include information about—

                                                                                                                                                                                                                      2. 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.

                                                                                                                                                                                                                          26Criteria for assessment of application for amendment or revocation of conservation covenant

                                                                                                                                                                                                                          1. For the purposes of section 24W , when considering an application for an amendment or revocation of a conservation covenant, 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 application unless the written consent referred to in clause 23(f) and, as the case may be, clause 23(g) has been obtained.

                                                                                                                                                                                                                                27Conditions

                                                                                                                                                                                                                                1. A panel may set conditions relating to the use of land on the amendment or revocation of a 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.

                                                                                                                                                                                                                                    28Minister of Conservation, local authority, or other body to give effect to amendment or revocation of covenant

                                                                                                                                                                                                                                    1. 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 give effect to an amendment or a revocation of a covenant granted under this Act 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.