Forests Amendment Act 2004

1: Title
1: This Act is the Forests Amendment Act 2004.
2: In this Act, the Forests Act 1949 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Amendments to principal Act
3: Interpretation
1: Section 2(1) landholding landholding
2: Section 2(1) planted indigenous forest means any indigenous timber
3: Section 2(1) Secretary specified Maori land section 4 of Te Ture Whenua Maori Act 1993
a: the South Island Landless Maori Act 1906
b: section 12 of the Maori Land Amendment Act 1914
c: section 88 of the Reserves and Other Lands Disposal and Public Bodies Empowering Act 1916
d: section 110 of the Maori Purposes Act 1931
4: Section 2(1) timber timber
a: means—
i: trees (excluding cuttings, suckers, and shoots); and
ii: woody plants able to be milled; and
b: includes branches, roots, and stumps of trees and other woody plants able to be milled, logs, woodchips, wood products, veneer, tree ferns, and tree fern fibre
5: Section 2(1) West Coast indigenous production forest
6: Section 2(2)
4: New sections 67A and 67AB substituted
1: The principal Act is amended by repealing section 67A
67A: Part binds the Crown
This Part binds the Crown.
67AB: Part does not permit felling or harvesting other than in accordance with relevant enactment
In the case of land held, managed, or administered by the Crown under the Conservation Act 1987 Schedule 1 of that Act
2: Section 2 of the Forests Amendment Act (No 2) 1996
5: Prohibition on export of certain indigenous forest produce
1: Section 67C(1)
g: any indigenous timber—
i: from a planted indigenous forest, if that timber is, or is from, a shrub, bush, seedling, or sapling; or
ii: other than indigenous timber to which subparagraph (i)
2: Section 67C subsection (3)
3: No indigenous timber (other than personal effects and any finished or manufactured indigenous timber products) may be exported from New Zealand—
a: unless—
i: a notice of intention to export has been given to the Secretary in a form approved by the Secretary; and
ii: the notice of intention includes or is accompanied by a statement of the source of the timber; and
iii: the timber has been presented to a Forestry Officer for inspection and he or she has inspected and approved it, and
b: until the expiry of a period (if any) specified for the purposes of this paragraph in the notice of intention.
3: The Forests (Notice of Intention to Export Indigenous Timber) Regulations 2003 (SR 2003/75)
4: Despite subsection (3) Forests (Notice of Intention to Export Indigenous Timber) Regulations 2003 section 67C(3)(a)
6: Prohibition on milling indigenous timber
1: Section 67D subsections (1) and (2)
1: No person may mill any indigenous timber at a sawmill unless the sawmill is registered in accordance with regulations made under section 72
a: the timber has been harvested from an area of land subject to, and managed in accordance with, a registered sustainable forest management plan or a registered sustainable forest management permit and the harvest is in accordance with an annual logging plan approved under section 67H
b: the Secretary has stated in writing that he or she is satisfied that—
i: the timber has been or will be harvested from—
A: specified Maori land that is not land on which a forest specified in an Order in Council made under section 67DA
B: land held, managed, or administered by the Crown under the Conservation Act 1987 Schedule 1 of that Act
C: a planted indigenous forest; or
ii: the timber has been or will be felled—
A: for a public work as defined in the Public Works Act 1981
B: with the approval of the owner, for a mining operation; or
C: for construction or maintenance of an access way or water impoundment, or for a purpose directly necessary or desirable for scientific research; or
iii: the timber was first milled before 1 July 1993; or
iv: the timber is salvaged timber that has been or will be harvested from an area of land that is not indigenous forest land; or
v: the timber has been or will be harvested from windthrown trees or trees (whether standing or not) that have died from natural causes on land that is not subject to either a registered sustainable forest management plan or a registered sustainable forest management permit, and that he or she is satisfied that the forest's natural values will be maintained:
c: the timber is a tree fern trunk, or is from a tree fern trunk, and the Secretary has stated in writing that he or she is satisfied that the timber has been or will be harvested from an area of land that is not indigenous forest land:
d: the timber is a tree fern trunk, or is from a tree fern trunk, and has been or will be harvested, with the prior written approval of the Secretary, from an area of land that is not subject to either a registered sustainable forest management plan or a registered sustainable forest management permit:
e: the timber has been seized under section 67R section 67S
2: Before giving an approval under subsection (1)(d)
2: Section 67D(3) plan or a sustainable forest management permit
3: The following provisions are consequentially repealed:
a: section 4 of the Forests Amendment Act 1995
b: section 3 of the Forests Amendment Act (No 2) 1996
7: New sections 67DA and 67DB and heading inserted
The principal Act is amended by inserting, after section 67D
67DA: Forests on specified Maori land to which sawmill controls apply
1: The Governor-General may from time to time, by Order in Council, specify forests on specified Maori land to which section 67D(l)(b)(i)(A)
2: The Governor-General may make an Order in Council under subsection (1)
a: surrender the right to mill indigenous timber harvested from the forest; or
b: surrender the right to mill indigenous timber harvested from the forest other than in accordance with a registered sustainable forest management plan or a registered sustainable forest management permit. Felling controls
67DB: Prohibition on felling indigenous timber
Where any land is specified in a registered sustainable forest management plan or a registered sustainable forest management permit as land to which that plan or permit applies, no person may fell indigenous timber on that land except in accordance with that plan or permit.
8: Sustainable forest management plans
Section 67E subsections (2) and (3)
2: A sustainable forest management plan applies to the area or areas of indigenous forest land specified in that plan.
3: A sustainable forest management plan applies to the land specified in that plan,—
a: in the case of a landholding having a term of less than 50 years, for the balance of that term; or
b: in any other case, for the period specified in the plan, which period—
i: must not be less than 50 years; and
ii: may be renewed from time to time in accordance with section 67I
9: Procedure for approval of sustainable forest management plans
1: Section 67F subsection (1)
1: The owner of a landholding for an area of indigenous forest land may apply to the Secretary for approval of a draft sustainable forest management plan for all or part of that area.
1A: An application may be made by lodging the draft plan at a Ministry office.
2: Section 67F(2) land concerned area of indigenous forest land specified in the plan as the area of land to which the plan applies
10: Notice requirements
Section 67G forest management plan, and that approval, amendment, or exemption enables beech to be harvested in coupes of more than 0.5 hectares,
11: Secretary's power to require amendments to plans
1: Section 67H(1) paragraph (a)
a: to correct the description of the area or areas specified in the plan as the area or areas to which the plan applies:
2: Section 67H subsection (1)
1A: Work for the harvesting of timber (including, but not limited to, the felling of timber and the construction of roads, tracks, or landings) must not be carried out on an area of land specified in a registered sustainable forest management plan unless that work is carried out in accordance with an annual logging plan approved by the Secretary.
12: Other provisions relating to review and amendment of sustainable forest management plans
Section 67I(1)(b)(ii) removal harvesting
13: Sustainable forest management plan to be recorded against certificate of title
Section 67K
a: by omitting from subsection (1) to which a sustainable forest management plan relates specified in a sustainable forest management plan
b: by omitting from subsection (4) to which that plan relates specified in that plan
c: by omitting from subsection (6) to which it relates specified in the plan
14: New section 67M substituted
1: The principal Act is amended by repealing section 67M
67M: Sustainable forest management permits
1: An owner of a landholding for an area of indigenous forest land may apply to the Secretary for a sustainable forest management permit for all or part of that area to allow the harvesting and milling of indigenous timber.
2: A sustainable forest management permit has effect for 10 years from the date that permit is registered and—
a: authorises the harvesting and milling of indigenous timber in accordance with the permit from an area within the area of land specified in the permit; and
b: specifies the area of land to which the permit applies; and
c: specifies the quantity of timber fixed by the Secretary (being timber capable of being milled irrespective of its quality) that may be harvested and milled in accordance with the permit.
3: A sustainable forest management permit must not authorise the harvesting and milling—
a: of more than 10%—
i: of the quantity of indigenous timber (excluding roots) capable of being milled standing on the area of land specified in the permit; and
ii: of the quantity of each species of indigenous timber (excluding roots) capable of being milled standing on the area of land specified in the permit; and
b: of more than the following volumes of indigenous timber:—
i: 250 cubic metres of podocarp or kauri or shade-tolerant, exposure-sensitive, broadleaved hard-wood species; and
ii: 500 cubic metres of beech or other light-demanding hardwood species.
4: A second or subsequent sustainable forest management permit must not be issued in respect of any indigenous timber unless and until the Secretary is satisfied that the quantity of each species of indigenous timber (being timber capable of being milled, irrespective of its quality, but excluding roots) standing in the area to which the permit will apply is at least equivalent to the quantity of each species standing in the area at the date of the grant of the previous permit.
5: A sustainable forest management permit expires 18 months after the date of issue of the permit unless it is registered before the close of that period.
6: The Secretary must not grant a permit for an area of indigenous forest land that is specified—
a: in a sustainable forest management plan as an area of land to which that plan applies; or
b: in a permit, issued within the previous 18 months, as an area to which that permit applies; or
c: in a permit, registered within the previous 10 years, as an area to which the permit applies.
7: The provisions of sections 67F(2), 67H(1A), (2), and (3), 67I, 67K, and 67L clauses 8, 9, and 10 of Schedule 2
a: to every proposal under this section as if it were a draft sustainable forest management plan; and
b: to every permit under this section as if it were a sustain-able forest management plan.
2: Section 6 of the Forests Amendment Act 1995
15: Records
1: Section 67Q(1) paragraph (a)
ab: timber harvested from areas of land subject to a sustain-able forest management permit; and
2: Section 67Q(2) or permit
16: Powers of entry and seizure
Section 67R(e) is being or about to be removed is about to be, is being, or has been milled or exported, or has been felled or harvested,
17: Offences
Section 67T paragraph (f)
f: carries out work for the harvesting of timber (including, but not limited to, the felling of timber and the construction of roads, tracks, or landings) on an area of land subject to a registered sustainable forest management plan, or a registered sustainable forest management permit, other than in accordance with an annual logging plan approved under section 67H
fa: transports, mills (other than under section 67D(1)(e)
fb: fells any indigenous timber on land subject to a registered sustainable forest management plan, or a registered sustainable forest management permit, other than in accordance with that plan or permit; or
fc: harvests or mills indigenous timber that is subject to an approval under section 67D(3)
18: New section 67V substituted
1: The principal Act is amended by repealing section 67V
67V: Relationship of Part with Resource Management Act 1991
Nothing in this Part derogates from any provision of the Resource Management Act 1991
2: Section 8 of the Forests Amendment Act 1995
2: Miscellaneous provisions
19: Compensation
1: No person is entitled to compensation from the Crown in respect of any diminution, by reason of the enactment of this Act, in—
a: the rights, or value of the rights, of that person under a contract relating to indigenous timber on any specified Maori land; or
b: the value of indigenous timber on any specified Maori land; or
c: the value of any specified Maori land.
2: This section is subject to section 20
20: Power to specify criteria and method of assessment in relation to payment of assistance
1: The Governor-General may, by Order in Council, specify the criteria and methods of assessment that must be applied by the Crown in determining any claim for financial losses suffered in relation to a specified contract as a direct result of the enactment of section 4
2: In this section, specified contract
a: relates to the export of indigenous timber harvested from specified Maori land; and
b: was entered into before 13 July 1999, being the date on which this Act was introduced as a Bill into the House of Representatives.
3: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 20(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
21: Power to specify payment of money in relation to conservation covenant not gross income of recipient
1: The Governor-General may, by Order in Council, made in accordance with a recommendation of the Minister of Finance, specify that a payment of money made in consideration of the entering into of a conservation covenant over specified Maori land is not gross income of the recipient.
2: An Order in Council under this section may relate to a payment of money that is made in any income year, beginning with the 2002-03 income year.
3: In this section gross income section BD 1 of the Income Tax Act 1994
4: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 21(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
22: Certain payments of money under deed of settlement relating to Waitutu Block not assessable income or gross income
1: This section applies to payments of money made-
a: in any of the 1995-96 to 1999-2000 income years; and
b: to the Proprietors of Waitutu Incorporated under the deed of settlement in relation to that portion of the Waitutu Block that is specified Maori land.
2: A payment of money made in the 1995-96 or 1996-97 income year is not assessable income of the Proprietors of Waitutu Incorporated.
3: A payment of money made in any of the 1997-98 to 1999-2000 income years is not gross income of the Proprietors of Waitutu Incorporated.
4: In this section,— assessable income Income Tax Act 1994 deed of settlement Waitutu Block Settlement Act 1997 gross income Income Tax Act 1994 payment of money Proprietors of Waitutu Incorporated Waitutu Block Settlement Act 1997 Waitutu Block Waitutu Block Settlement Act 1997