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Forests Amendment Bill (Consistent) [2010] NZBORARp 92 (17 November 2010)

Last Updated: 27 May 2020

Forests Amendment Bill

17 November 2010

ATTORNEY-GENERAL LEGAL ADVICE

CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990:

FORESTS AMENDMENT BILL

1. We have considered whether the Forests Amendment Bill (PCO 14890/2.0) (“the Bill”) is consistent with the New Zealand Bill of Rights Act 1990 (“Bill of Rights Act”). We understand that the Bill is likely to be considered by the Cabinet Legislation Committee on Thursday, 25

November 2010.

2. The Bill seeks to amend Part 3A of the Forests Act 1949 which regulates the export and sawmilling of indigenous timber and provides a framework to promote the sustainable management of privately owned indigenous forest land.

3. In particular, the Bill:

• extends export exemption to all sawn indigenous timber harvested under a registered sustainable forest management plan or permit, and manuka and kanuka woodchips

• exempts milling of some manuka and kanuka from sawmilling controls

• provides for penalties for offences introduced through the Forests Amendment Act 2004

• permits the owners of land outside of the amended definition of indigenous forest land to mill and sell quantities of indigenous timber in any 10 year period, in consultation with the Department of Conservation and subject to the relevant district and regional plans prepared under the Resource Management Act 1991

• provides for Annual Logging Plan holders to give notice to the Ministry of Agriculture and

Forestry about their harvesting intentions, and

• establishes a time limit over which approvals under the minor sawmilling provisions remain active.
  

• We have concluded that the Bill appears to be consistent with the rights and freedoms affirmed in the Bill of Rights Act. This advice has been prepared by the Public Law Group and the Office of Legal Counsel.

Jeff Orr

Chief Legal Counsel

Office of Legal Counsel

In addition to the general disclaimer for all documents on this website, please note the following: This advice was prepared to assist the Attorney-General to determine whether a report should be made to Parliament under s 7 of the New Zealand Bill of Rights Act 1990 in relation to the Forests Amendment Bill. It should not be used or acted upon for any other purpose. The advice does no more than assess whether the Bill complies with the minimum guarantees contained in the New Zealand Bill of Rights Act. The release of this advice should not be taken to indicate that the Attorney-General agrees with all aspects of it, nor does its release constitute a general waiver of legal professional privilege in respect of this or any other matter. Whilst care has been taken to

ensure that this document is an accurate reproduction of the advice provided to the Attorney- General, neither the Ministry of Justice nor the Crown Law Office accepts any liability for any errors or omissions.