2 Interpretation

(1)

In this Act, unless the context otherwise requires,—

aircraft has the same meaning as in section 2 of the Civil Aviation Act 1990

amenity values means those natural or physical qualities and characteristics of an area that contribute to people’s appreciation of its pleasantness, aesthetic coherence, and cultural and recreational attributes

animal means any living stage of any member of the animal kingdom except human beings; and includes the eggs and the whole or any part of the carcass of any such member

approved, in relation to a sustainable management plan, means approved by the Secretary under section 67F

coupe means an area of forest that has been or is to be harvested

exotic, in relation to a species of flora, means a species that is not an indigenous species

finished or manufactured indigenous timber product

(a)

means any indigenous wood product that has been manufactured into its final shape and form and is ready to be installed or used for its intended purpose without the need for any further machining or other modification; and

(b)

includes a complete item or a component of an item (whether assembled or in kitset form) such as joinery, furniture, toys, tools, and household utensils, household fixtures such as rails and toilet seats, ornaments such as picture frames and carvings, and similar items; but

(c)

does not include dressed or rough sawn timber, mouldings, panelling, furniture blanks, joinery blanks, building blanks, or similar items

forest land means land on which forest is growing, land used for agroforestry, and land intended to be forested or used for agroforestry by the owner or occupier of the land

forest produce or forest product includes trees and other plants and the produce of trees and other plants, and also includes earth, rock, sand, shingle, and minerals when found in or removed from any forest land or any other land for the time being administered by the Minister

forestry officer means—

(a)

the chief executive of the Ministry:

(b)

any person appointed as a forestry officer under section 11

forestry sector means all matters and activities concerned with or affecting the production and use of goods from or on all forest land that is devoted primarily to commercial production; and shall include protection from disease and fire of all forests, the protective effects of forests, the harvesting and processing of trees and other forest plants, and other matters associated with commercial forestry production

groundline, in relation to any living or dead tree, means the point at the base of the tree where the tree, when standing, commenced or commences to be naturally in contact with the ground

indigenous, in relation to a species of flora or fauna, means a species that occurs naturally in New Zealand or arrived in New Zealand without human assistance

indigenous forest land means land wholly or predominantly under the cover of indigenous flora

landholding,—

(a)

in the case of land subject to a forest sink covenant as defined in section 67X, means a registered—

(i)

freehold estate in that land; or

(ii)

leasehold estate in that land; or

(iii)

interest in that land that entitles a person to receive units or the value of units based on carbon sequestration by that forest sink; but does not include a registered interest by way of charge or security:

(b)

in any other case, means an estate, right, title, or interest of any kind in or over an area of land by or under which indigenous timber may be harvested; but does not include an interest by way of charge or security

mineral has the same meaning as in section 2(1) of the Crown Minerals Act 1991

mining operation means any operation in connection with mining, exploring, or prospecting for any mineral

Minister means the Minister of Forestry

Ministry means the Ministry of Agriculture and Forestry or such other Ministry as has, with the authority of the Prime Minister, for the time being assumed responsibility for the relevant function or matter

organism means a living animal or plant; and includes any micro-organism not classifiable as either but having the properties of living matter

owner

(a)

means any person who owns any landholding; and

(b)

includes—

(i)

the owners of any landholding where it is owned by 2 or more persons; and

(ii)

a group of owners of landholdings who are operating under the same sustainable management plan

planted indigenous forest means any indigenous timber trees or tree ferns that have been planted on land that was not indigenous forest land immediately before such planting and was not indigenous forest land immediately before the land was prepared for such planting

registered means,—

(a)

in relation to a sustainable forest management plan or sustainable forest management permit, recorded in accordance with section 67K:

(b)

in relation to a sawmill, registered in accordance with section 67D

salvaged timber means—

(a)

timber from trees that have fallen naturally:

(b)

timber from trees that were felled to waste before 3 July 1989:

(c)

stumps remaining from any timber felled before that date:

(d)

roots remaining from any timber felled before that date;—

and salvaged stump and salvaged root have corresponding meanings

sawmill means any factory or industrial plant (whether permanently fixed or portable) that is directly dependent on supplies of logs and produces sawn timber or wood chips from the timber, whether for sale, use, or further treatment or processing; and includes any chipmill that produces woodchips and any industrial plant (whether permanently fixed or portable) used to process tree ferns; and includes any industrial plant (whether combined with or separate from any plant used to produce sawn timber or woodchips) that is used to produce veneer

Secretary means the chief executive of the Ministry

specified Maori land means land having the status of Maori land or General land owned by Maori, as defined in section 4 of Te Ture Whenua Maori Act 1993, and originally reserved or granted under—

(a)

the South Island Landless Maori Act 1906; or

(b)

section 12 of the Maori Land Amendment Act 1914; or

(c)

section 88 of the Reserves and Other Lands Disposal and Public Bodies Empowering Act 1916; or

(d)

section 110 of the Maori Purposes Act 1931

stump means the basal part of a living or dead tree (whether rooted or uprooted), being the roots and that part of the trunk that extends from the groundline to a point (up the trunk) equal to the maximum diameter of the trunk; and, for the purposes of this definition, any remnant of a tree shall be regarded as part of a complete tree

sustainable forest management means the management of an area of indigenous forest land in a way that maintains the ability of the forest growing on that land to continue to provide a full range of products and amenities in perpetuity while retaining the forest’s natural values

sustainable forest management permit means a sustainable forest management permit executed under section 67M

sustainable forest management plan or plan means a sustainable forest management plan approved under section 67F

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

tree fern means all species of the families Cyatheaceae and Dicksoniaceae

trees includes not only timber trees, but also all other kinds of trees, shrubs, and bushes, seedlings, saplings, cuttings, suckers, and shoots of every description

vehicle means any wheeled or tracked device or hovercraft capable of carrying a person or persons, whether or not it is powered by an internal combustion engine

vessel has the same meaning as in section 2 of the Harbours Act 1950

working day means any day except—

(a)

a Saturday, a Sunday, Good Friday, Easter Monday, Anzac Day, Labour Day, the Sovereign’s birthday, and Waitangi Day; and

(ab)

if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and

(b)

a day in the period commencing with 20 December in any year and ending with 15 January in the following year.

(2)

Unless in any case the context otherwise requires, every reference in this Act or any other Act or in any regulation, rule, order, agreement, deed, instrument, application, notice, licence, or other document whatsoever in force at the date on which this subsection comes into force—

(a)

to the Minister of Forests, shall hereafter be read as a reference to the Minister of Forestry:

(b)

to the New Zealand Forest Service, shall hereafter be read as a reference to the Ministry of Forestry:

(c)

to the Director-General of Forests or to a Conservator, shall hereafter be read as a reference to the Secretary of Forestry:

(d)

to a forest officer, shall hereafter be read as a reference to a forestry officer.

Compare: 1921–22 No 43 s 2; 1939 No 39 s 25

Section 2(1) aircraft: inserted, on 19 November 1976, by section 2(1) of the Forests Amendment Act 1976 (1976 No 45).

Section 2(1) aircraft: amended, on 1 September 1990, pursuant to section 101(1) of the Civil Aviation Act 1990 (1990 No 98).

Section 2(1) amenity values: inserted, on 1 July 1993, by section 2(1) of the Forests Amendment Act 1993 (1993 No 7).

Section 2(1) animal: inserted, on 19 November 1976, by section 2(1) of the Forests Amendment Act 1976 (1976 No 45).

Section 2(1) approved: inserted, on 1 July 1993, by section 2(1) of the Forests Amendment Act 1993 (1993 No 7).

Section 2(1) cattle: repealed, on 1 April 1987, by section 32(1) of the State-Owned Enterprises Act 1986 (1986 No 124).

Section 2(1) conservancy: repealed, on 1 April 1987, by section 32(1) of the State-Owned Enterprises Act 1986 (1986 No 124).

Section 2(1) Conservator: repealed, on 1 April 1987, by section 32(1) of the State-Owned Enterprises Act 1986 (1986 No 124).

Section 2(1) coupe: inserted, on 1 July 1993, by section 2(1) of the Forests Amendment Act 1993 (1993 No 7).

Section 2(1) Director: repealed, on 25 October 1960, by section 2(2) of the Forests Amendment Act 1960 (1960 No 62).

Section 2(1) Director-General: repealed, on 1 April 1987, by section 32(1) of the State-Owned Enterprises Act 1986 (1986 No 124).

Section 2(1) exotic: inserted, on 1 July 1993, by section 2(1) of the Forests Amendment Act 1993 (1993 No 7).

Section 2(1) finished or manufactured indigenous timber product: inserted, on 1 July 1993, by section 2(1) of the Forests Amendment Act 1993 (1993 No 7).

Section 2(1) firearm: repealed, on 1 April 1987, by section 32(1) of the State-Owned Enterprises Act 1986 (1986 No 124).

Section 2(1) forest land: inserted (with effect on 1 April 1987), on 1 July 1987, by section 3(2) of the Forests Amendment Act 1987 (1987 No 118).

Section 2(1) forest officer: repealed, on 1 April 1987, by section 32(1) of the State-Owned Enterprises Act 1986 (1986 No 124).

Section 2(1) forest produce or forest product: amended (with effect on 1 April 1987), on 1 July 1987, by section 3(3) of the Forests Amendment Act 1987 (1987 No 118).

Section 2(1) forest produce or forest product: amended, on 26 October 1967, by section 2 of the Forests Amendment Act 1967 (1967 No 37).

Section 2(1) forestry officer: replaced, on 11 November 1998, by section 9(1) of the Ministry of Agriculture and Forestry (Restructuring) Act 1998 (1998 No 106).

Section 2(1) forestry sector: inserted (with effect on 1 April 1987), on 1 July 1987, by section 3(2) of the Forests Amendment Act 1987 (1987 No 118).

Section 2(1) groundline: inserted, on 30 March 1995, by section 2(1) of the Forests Amendment Act 1995 (1995 No 10).

Section 2(1) hunt or kill: repealed, on 1 April 1987, by section 32(1) of the State-Owned Enterprises Act 1986 (1986 No 124).

Section 2(1) indigenous: inserted, on 1 July 1993, by section 2(1) of the Forests Amendment Act 1993 (1993 No 7).

Section 2(1) indigenous forest land: inserted, on 1 July 1993, by section 2(1) of the Forests Amendment Act 1993 (1993 No 7).

Section 2(1) indigenous State forest land: repealed, on 1 April 1987, by section 32(1) of the State-Owned Enterprises Act 1986 (1986 No 124).

Section 2(1) landholding: replaced, on 14 November 2006, by section 31(1) of the Climate Change Response Amendment Act 2006 (2006 No 59).

Section 2(1) management plan: repealed, on 1 April 1987, by section 32(1) of the State-Owned Enterprises Act 1986 (1986 No 124).

Section 2(1) mineral: inserted, on 30 March 1995, by section 2(2) of the Forests Amendment Act 1995 (1995 No 10).

Section 2(1) mining operation: inserted, on 30 March 1995, by section 2(2) of the Forests Amendment Act 1995 (1995 No 10).

Section 2(1) Minister: replaced, on 1 April 1987, by section 32(1) of the State-Owned Enterprises Act 1986 (1986 No 124).

Section 2(1) Ministry: replaced, on 1 March 1998, by section 4 of the Ministries of Agriculture and Forestry (Restructuring) Act 1997 (1997 No 100).

Section 2(1) organism: inserted, on 16 December 1983, by section 2(1) of the Forests Amendment Act 1983 (1983 No 136).

Section 2(1) owner: inserted, on 1 July 1993, by section 2(1) of the Forests Amendment Act 1993 (1993 No 7).

Section 2(1) planted indigenous forest: inserted, on 1 July 1993, by section 2(1) of the Forests Amendment Act 1993 (1993 No 7).

Section 2(1) planted indigenous forest: amended, on 20 May 2004, by section 3(2) of the Forests Amendment Act 2004 (2004 No 49).

Section 2(1) registered: inserted, on 1 July 1993, by section 2(1) of the Forests Amendment Act 1993 (1993 No 7).

Section 2(1) registered paragraph (a): amended, on 30 March 1995, by section 2(5) of the Forests Amendment Act 1995 (1995 No 10).

Section 2(1) salvaged timber: replaced, on 30 March 1995, by section 2(3) of the Forests Amendment Act 1995 (1995 No 10).

Section 2(1) sawmill: inserted, on 1 July 1993, by section 2(1) of the Forests Amendment Act 1993 (1993 No 7).

Section 2(1) sawmill: amended, on 1 July 1994, by section 2 of the Forests Amendment Act 1994 (1994 No 33).

Section 2(1) Secretary: replaced, on 1 March 1998, by section 4 of the Ministries of Agriculture and Forestry (Restructuring) Act 1997 (1997 No 100).

Section 2(1) Service or Forest Service: repealed, on 1 April 1987, by section 32(1) of the State-Owned Enterprises Act 1986 (1986 No 124).

Section 2(1) specified Maori land: inserted, on 20 May 2004, by section 3(3) of the Forests Amendment Act 2004 (2004 No 49).

Section 2(1) State forest land: repealed, on 1 April 1987, by section 32(1) of the State-Owned Enterprises Act 1986 (1986 No 124).

Section 2(1) stump: inserted, on 30 March 1995, by section 2(4) of the Forests Amendment Act 1995 (1995 No 10).

Section 2(1) sustainable forest management: inserted, on 1 July 1993, by section 2(1) of the Forests Amendment Act 1993 (1993 No 7).

Section 2(1) sustainable forest management permit: inserted, on 1 July 1993, by section 2(1) of the Forests Amendment Act 1993 (1993 No 7).

Section 2(1) sustainable forest management plan or plan: inserted, on 1 July 1993, by section 2(1) of the Forests Amendment Act 1993 (1993 No 7).

Section 2(1) timber: replaced, on 20 May 2004, by section 3(4) of the Forests Amendment Act 2004 (2004 No 49).

Section 2(1) tree fern: inserted, on 1 July 1993, by section 2(1) of the Forests Amendment Act 1993 (1993 No 7).

Section 2(1) vehicle: inserted, on 19 November 1976, by section 2(1) of the Forests Amendment Act 1976 (1976 No 45).

Section 2(1) vessel: inserted, on 19 November 1976, by section 2(1) of the Forests Amendment Act 1976 (1976 No 45).

Section 2(1) West Coast indigenous production forest: repealed, on 20 May 2004, by section 3(5) of the Forests Amendment Act 2004 (2004 No 49).

Section 2(1) wildlife: repealed (with effect on 1 April 1987), on 1 July 1987, by section 3(1) of the Forests Amendment Act 1987 (1987 No 118).

Section 2(1) working day: inserted, on 1 July 1993, by section 2(1) of the Forests Amendment Act 1993 (1993 No 7).

Section 2(1) working day paragraph (ab): inserted, on 1 January 2014, by section 8 of the Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 (2013 No 19).

Section 2(1) working plan: repealed, on 19 November 1976, by section 2(2) of the Forests Amendment Act 1976 (1976 No 45).

Section 2(2): inserted, on 1 April 1987, by section 32(1) of the State-Owned Enterprises Act 1986 (1986 No 124).