Forests (West Coast Accord) Bill

Government Bill
Explanatory Note
General policy statement

The purpose of this Bill is---
Clause by clause analysis

Clause 1 is the Title clause.

Clause 2 is the commencement clause. The Bill comes into force on the day after the date on which it receives the Royal assent, except for Part 1. Part 1 is deemed to come into force on 10 May 2000.

Clause 3 defines certain terms used in the Bill. The West Coast Accord is defined to include express and implied terms in the agreement and any amendment to the agreement.

Clause 4 provides that the Act binds the Crown.

Part 1

Cancellation of West Coast Accord

Clause 5 cancels the West Coast Accord at the close of 10 May 2000.

Clause 6 provides that the effect of cancelling the Accord is that, to the extent it is unperformed, no party is obliged or entitled to perform it further and, to the extent it has been performed, no party is (merely because of the cancellation) divested of property transferred or money paid under it.

Clause 7 provides that no compensation is payable by the Crown to any person for any loss or damage arising from the enactment or operation of Part 1.

Part 2

Enabling change of status of West Coast indigenous production forest land

Clause 8 empowers the responsible Ministers to jointly, by notice in the Gazette, declare any land (or part of land) that is identified in Schedule 1 to be---
The declaration applies only to the land described in the notice. The responsible Ministers must consult with the Minister of Conservation, the Minister of Forestry, and the Minister for Land Information before making a declaration.

Clause 9 provides that a declaration has effect under the relevant Act on the day after the date on which the notice is published in the Gazette or on any later date specified in the notice. On the declaration taking effect, the land ceases to be Crown forest land within the meaning of the Crown Forest Assets Act 1989.

Clause 10 requires the Registrar-General of Land or Chief Surveyor, on receipt of a copy of the notice of a declaration changing the status of land from either of the responsible Ministers, to register the notice against the relevant title or record and do anything else needed to record the change of status.

Clause 11 enables the Director-General of Conservation to initiate a review of, or amendment to, a draft West Coast conservation management strategy. The review or amendment must be carried out under the Conservation Act 1987 as if the conservation management strategy had been approved.

Clause 12 provides that the North Westland regional management plan does not apply to any land that has its status changed. If a conservation management strategy is approved in relation to the land, the North Westland regional management plan must be treated as withdrawn and ceases to have any effect.

Clause 13 provides that an existing encumbrance continues in force on its terms after a declaration changing the status of the land to which it relates, until the existing encumbrance expires or is terminated or cancelled. Clause 14 provides for the application of the saving provision in clause 13.

Clause 15 provides that if an existing encumbrance confers powers on the responsible Ministers, or on any person appointed by the Crown to manage the land, those powers may be exercised by the new Minister after a declaration changing the status of the land. The new Minister may also bring proceedings relating to the existing encumbrance.

Clause 16 provides an exemption from certain provisions of the Conservation Act 1987 for applications for concessions under the Conservation Act 1987, Reserves Act 1977, or National Parks Act 1980 in exchange for existing encumbrances. On the grant of the concession, the existing encumbrance is cancelled.

Clause 17 imposes certain limits on the exemptions in clause 16.

Clause 18 requires the Registrar-General of Land or Chief Surveyor to record the cancellation of existing encumbrances, on written application by the new Minister.

Clause 19 enables the Governor-General to amend Schedule 1 to add, omit, or change the description of, land by Order in Council on the recommendation of the responsible Ministers. In addition to the land presently identified in Schedule 1, it is intended to add the following land in the Nelson Land District, once the following draft plans have been approved by the Chief Surveyor:
Hon Pete Hodgson
Forests (West Coast Accord) Bill
Government Bill

Contents


1           Title

2           Commencement

3           Interpretation

4           Act to bind the Crown

Part 1

Cancellation of West Coast Accord

5           Cancellation of West Coast Accord

6           Effect of cancellation

7           No compensation

Part 2

Enabling change of status of West Coast indigenous production forest land

8           Land status may be changed by declaration

9           Effect of declaration under section 8(1)

10           Change of status of land to be noted

11           Effect of change of status of land on draft West Coast conservation management strategy

12           Effect of change of status of land on North Westland regional management plan

13           Saving of existing encumbrances

14           When saving provision applies

15           Powers under existing encumbrances to be exercised by new Minister

16           Exemptions if existing encumbrances exchanged for concessions

17           Limits on exemptions

18           Cancellation of existing encumbrances to be noted

19           Power to amend Schedule 1

20           Consequential amendments to other Acts

Schedule 1

          West Coast indigenous production forest land
Schedule 2

          Consequential amendments to other Acts


The Parliament of New Zealand enacts as follows:

      1     Title

This Act is the Forests (West Coast Accord) Act 2000.


      2    Commencement

    (1) Except as provided in subsection (2), this Act comes into force on the day after the date on which it receives the Royal assent.
    (2) Part 1 is deemed to have come into force on 10 May 2000.

      3     Interpretation

In this Act, unless the context otherwise requires,---

concession, Conservation Board, and conservation management strategy have the same meanings as in section 2(1) of the Conservation Act 1987

existing encumbrance means an easement, licence, lease, permit, or other right or authority for the time being in force

new Minister means the Minister responsible for the administration of the Act to which the land is subject as a result of a declaration under section 8(1)

responsible Ministers has the same meaning as in section 2(1) of the Crown Forest Assets Act 1989

West Coast Accord means---
  1. the agreement dated 6 November 1986 and executed by the Minister for the Environment on behalf of the Crown and by the West Coast United Council, Native Forests Action Council, Royal Forest and Bird Protection Society of New Zealand, Federated Mountain Clubs of New Zealand, West Coast Timber Association, and Westland Timber Workers' Union; and
  2. any express or implied term in the agreement; and
  3. any amendment to the agreement.
       4     Act to bind the Crown

This Act binds the Crown.

Part 1


Cancellation of West Coast Accord

      5     Cancellation of West Coast Accord

The West Coast Accord is cancelled at the close of 10 May 2000.

      6     Effect of cancellation

The effect of cancelling the West Coast Accord is that, on and from the cancellation,---
    (a) to the extent that the West Coast Accord remains unperformed at the time of the cancellation, no party is obliged or entitled to perform it further; and
       (b) to the extent that the West Coast Accord has already been performed at the time of the cancellation, no party is, merely because of the cancellation, to be divested of any property transferred or money paid under it.

       7     No compensation

No compensation is payable by the Crown to any person for any loss or damage arising from the enactment or operation of this Part.

Part 2

Enabling change of status of West Coast indigenous
production forest land


      8     Land status may be changed by declaration

    (1) The responsible Ministers may jointly, by notice in the Gazette describing the relevant land, declare any land (or part of land) identified in Schedule 1 to be---

(a) held under the Conservation Act 1987 for conservation purposes and any other purposes specified in the notice; or
(b) set apart as a reserve and classified under the Reserves Act 1977 for any purposes specified in the notice; or
(c) added to a national park under the National Parks Act 1980; or
(d) Crown land subject to the Land Act 1948.

    (2) Before making a declaration under subsection (1), the responsible Ministers must consult with the Minister of Conservation, the Minister of Forestry, and the Minister for Land Information.

    9     Effect of declaration under section 8(1)

    (1) On the day after the date on which it is published in the Gazette or on any later date specified in the notice,---
  1. a declaration under section 8(1)(a) has effect as if it were made by notice in the Gazette under section 7 of the Conservation Act 1987 and, if other purposes are specified in the notice, section 18 of that Act; and
  2. a declaration under section 8(1)(b) has effect as a reservation and classification under the Reserves Act 1977 for the purposes specified in the notice as if it were made by notice in the Gazette under section 16 of that Act; and
  3. a declaration under section 8(1)(c) has effect to add the land to a national park under the National Parks Act 1980 as if it were added by an Order in Council made by the Governor-General under section 7 of that Act; and
  4. a declaration under section 8(1)(d) has effect to make the land Crown land subject to the Land Act 1948.
    (2) On a declaration taking effect, the land described in the notice ceases to be Crown forest land within the meaning of section 2(1) of the Crown Forest Assets Act 1989.

    10     Change of status of land to be noted

The Registrar-General of Land or the Chief Surveyor, as the case requires, must register a copy of a notice of a declaration under section 8(1) changing the status of land against the relevant title or record and do anything else needed to record the change of status, on receipt of a copy of the notice from either of the responsible Ministers.

      11     Effect of change of status of land on draft West Coast conservation management strategy

  1. If the West Coast conservation management strategy is in draft when a declaration is made under section 8(1)(a), (b), or (c) changing the status of land, the Director-General of Conservation may, after consulting with the West Coast Conservation Board, initiate a review of, or an amendment to, all or part of the draft conservation management strategy.
  2. The review or amendment of the draft conservation management strategy must be carried out as if the conservation management strategy had been approved under section 17F(p) of the Conservation Act 1987. Section 17H or section 17I of that Act, as the case requires, applies with all necessary modifications to the review or amendment.
      12     Effect of change of status of land on North Westland regional management plan

  1. The North Westland regional management plan (which has effect under section 65(12) of the Conservation Act 1987) does not apply to land that has its status changed by a declaration under section 8(1).
  2. If a draft conservation management strategy is approved under section 17F(p) of the Conservation Act 1987 in relation to land that has had its status changed by a declaration under section 8(1), the North Westland regional management plan must be treated as having been withdrawn and ceases to have any effect.
      13     Saving of existing encumbrances

  1. If an existing encumbrance relating to land is in force immediately before a declaration under section 8(1) takes effect, the existing encumbrance continues in force on its terms after the declaration changes the status of the land, until the existing encumbrance expires or is terminated or cancelled.
  2. Part IIIB of the Conservation Act 1987, section 59A of the Reserves Act 1977, and section 49 of the National Parks Act 1980 do not affect the existing encumbrance.
  3. This section is subject to sections 14 to 18.
      14     When saving provision applies

  1. Section 13 continues to apply to an existing encumbrance if it is renewed for a further term under a right of renewal conferred by the existing encumbrance.
  2. Section 13 does not apply to a variation of an existing encumbrance if the variation is made after the declaration under section 8(1) takes effect.
      15       Powers under existing encumbrances to be exercised by new Minister

If, before a declaration under section 8(1) takes effect, an existing encumbrance conferred a power on a responsible Minister or on any person appointed by the Crown to manage the land,---

  1. the power may be exercised by the new Minister after the declaration takes effect; and
  2. the new Minister may take all necessary proceedings to enforce the existing encumbrance, or relating to breaches of, or any act or omission contrary to, the existing encumbrance.
      16     Exemptions if existing encumbrances exchanged for concessions

  1. The purpose of this section is to provide exemptions from the concession regime under the Conservation Act 1987 for conservation areas, reserves, or national parks, so as to enable a person to exchange an existing encumbrance for a concession during the life of the existing encumbrance.
  2. If a person applies to the Minister of Conservation for a concession under the Conservation Act 1987, the Reserves Act 1977, or the National Parks Act 1980 in exchange for an existing encumbrance, then---
    1. section 17T(4) and (5) of the Conservation Act 1987 (public notice) does not apply; and
    2. section 17U of the Conservation Act 1987 (matters to be considered by Minister) does not apply; and
    3. section 17W of the Conservation Act 1987 (relationship between concessions and conservation management strategies and plans) does not apply; and
    4. the requirements under section 17S of the Conservation Act 1987 (contents of the application) and section 17T of that Act (process for complete application) are modified accordingly; and
    5. to avoid doubt, those sections of the Conservation Act 1987 are modified also for the purposes of the Reserves Act 1977 and the National Parks Act 1980.
  3. If the concession is granted by the Minister of Conservation in exchange for the existing encumbrance, the existing encumbrance is cancelled.
  4. This section is subject to section 17.
      17    Limits on exemptions

  1. The exemptions in section 16 apply only---
    1. if the application for the concession is made before the existing encumbrance expires or is terminated or cancelled; and
    2. to the extent that the activity to be authorised by the concession is an activity already authorised by the existing encumbrance.
  2. Section 16 does not apply to---
    1. an application to renew an existing encumbrance (except if the existing encumbrance is being renewed for a further term under a right of renewal conferred by the existing encumbrance); or
    2. an application to vary an existing encumbrance.
      18     Cancellation of existing encumbrances to be noted

The Registrar-General of Land or the Chief Surveyor, as the case requires, must record the cancellation of an existing encumbrance under section 16 on written application by the new Minister.

      19     Power to amend Schedule 1

The Governor-General may, by Order in Council, on the recommendation of the responsible Ministers, amend Schedule 1 to add land to, omit land from, or change the descriptions of land in, that schedule.

      20     Consequential amendments to other Acts

The Acts specified in Schedule 2 are amended in the manner indicated in that schedule.

Schedule 1       ss 8(1), 19

West Coast indigenous production forest land
Land District
Forest
Description
Nelson Mokihinui sections 1, 2, 3, and 4 SO15021,
sections 1, 2, 3, 4, 5, and 6 SO15149, and
sections 1 and 2 SO15150
Nelson North Karamea section 1 SO15020
Nelson Orikaka section 1 SO15014
Nelson Te Wharau and Ohikanui sections 1, 2, 3, 4, and 5 SO15024,
section 1 SO15025, and sections 1 and 2 SO15181
Nelson Victoria section 1 SO14981, sections 1, 2, and 3 SO14992,
sections 1 and 2 SO15008, section 1 SO15015,
sections 1 and 2 SO15016, sections 1 and 2 SO15022,
section 1 SO15023, sections 1, 2, 3, 4, and 5 SO15048,
section 1 SO15051, sections 1, 2, 3, and 4 SO15133,
and sections 1, 2, and 3 SO15148
Westland Granville section 1 SO12034, sections 1 and 2 SO12134,
and sections 1, 2, 3, 4, 5, 6, 7, and 8 SO12136
Westland Hochstetter sections 1, 2, 3, 4, and 5 SO12149
Westland Hohonu sections 1, 2, and 3 SO12048 and sections 1, 2, and 3 SO12049
Westland Ianthe section 1 SO12160, section 1 SO12161,
section 1 SO12162, and section 1 SO12245
Westland Kakapotahi sections 1 and 2 SO12090
Westland Kaniere section 1 SO12042, section 1 SO12043,
and sections 1, 2, 3, 4, and 5 SO12055
Westland Kawhaka sections 1 and 2 SO12023, section 1 SO12024,
sections 1 and 2 SO12025, and section 1 SO12151
Westland Kumara R1980 on SO4351
Westland Mawhera section 1 SO12112 and sections 1, 2, 3, 4, 5, and 6 SO12170
Westland Mikonui section 1 SO12027, section 1 SO12032,
section 1 SO12094, section 1 SO12102,
section 1 SO12117, and sections 1, 2, 3, and 4 SO12167
Westland Nemona sections 1, 2, 3, 4, 5, 6, and 7 SO12140
and sections 1, 2, 3, and 4 SO12141
Westland Okarito section 1 SO12103 and sections 1 and 2 SO12168
Westland Omoto sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12 SO12145
Westland Otira-Kopara sections 1 and 2 SO12109 and section 1 SO12143
Westland Paparoa section 1 SO12150, section 1 SO12158,
section 1 SO12242, and RS6256
Westland Poerua sections 1, 2, and 3 SO12135, section 1 SO12148,
sections 1, 2, 3, 4, 5, 6, and 7 SO12169, and section 1 SO12243
Westland Saltwater section 1 SO12113
Westland Toaroha sections 1 and 2 SO12030 and section 1 SO12146
Westland Totara sections 1 and 2 SO12041, section 1 SO12133,
sections 1, 2, 3, and 4 SO12165, and sections 1 and 2 SO12241
Westland Tutaekuri sections 1, 2, 3, and 4 SO12159
Westland Waimea sections 1 and 2 SO12035 and sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, and 22   SO12171
Westland Wanganui sections 1, 2, and 3 SO12166
Schedule 2            s 20

Consequential amendments to other Acts

Conservation Act 1987 (1987 No 65)

Add to section 17O:

      "(7) This Part is subject to Part 2 of the Forests (West Coast Accord) Act 2000, in relation to land that is a conservation area as a result of a declaration under section 8(1) of that Act."

Repeal the heading to the Fourth Schedule and substitute:

"Fourth Schedule "Land that is protected and is subject to section 61(7) of Crown Minerals Act 1991".


Crown Minerals Act 1991 (1991 No 70)

Omit from section 61(7) the words "the West Coast Accord as set out in".

National Parks Act 1980 (1980 No 66)

Add to section 49:
"(7) This section is subject to Part 2 of the Forests (West Coast Accord) Act 2000, in relation to land that is added to a national park as a result of a declaration under section 8(1) of that Act."

Reserves Act 1977 (1977 No 66)

Add to section 59A:

"(9) This section is subject to Part 2 of the Forests (West Coast Accord) Act 2000, in relation to land that is a reserve as a result of a declaration under section 8(1) of that Act."

Repeal the heading to the Fourth Schedule and substitute:

"Fourth Schedule "Land that is protected and is subject to section 61(7) of Crown Minerals Act 1991".


28 May 2000