Clause 1 is the Title clause.

Clause 2 provides that the Bill comes into force on the day after Royal assent.

Part 1 amends the Conservation Act 1987 (the principal Act).

Part 2 makes consequential amendments to other legislation to reflect changes made by Part 1 of the Bill.

Part 3 makes consequential amendments to certain Treaty settlement Acts to reflect changes made by Part 1 of the Bill.

Schedules 1, 4, and 5 insert transitional, savings, and related provisions arising from the Bill into the principal Act, the National Parks Act 1980, and the Reserves Act 1977.

Schedule 2 replaces Schedules 2 and 3 in the principal Act with new Schedules 2 and 3.

Schedule 3 inserts new Schedule 5 into the principal Act.

Schedule 6 makes consequential and minor amendments to the principal Act and Treaty settlement Acts.

Clause 4 inserts, replaces, and repeals various definitions in section 2 of the principal Act. For the most part, these relate to—

• the amendments to the management planning regime (new definitions of area plan, exempt activity, National Conservation Policy Statement, and pre-approved activity are inserted); and

• the new international visitor access levy (new definitions of access, access levy, and international visitor are inserted); and

• the amendments to the manner in which concessions are granted (new definitions of pre-approved concession and prescribed concession are inserted and the definition of activity replaced); and

• the changes to the powers of the Minister to exchange and dispose of certain land vested in the Crown (new definitions of incoming land and outgoing land are inserted).

Clause 5 inserts new section 4A, which summarises the provisions in the principal Act that are intended to provide certainty as to the steps, processes, and other activities that section 4 requires the Crown to undertake before—

• making management planning instruments:

• deciding whether to grant a concession:

• deciding whether to authorise a land exchange:

• deciding whether to dispose of land:

• setting apart an area of land as a visitor amenities area.

Section 4 requires the principal Act to be interpreted and administered as to give effect to the principles of the Treaty of Waitangi.

See also new section 14ZG (inserted by clause 23), which provides that section 4 does not require the Minister to initiate an allocation process for the purpose of granting concessions for an activity.

Clause 6 amends section 6 of the principal Act, which sets out the functions of the Department, by replacing section 6(e) with new section 6(e) and (ea). New section 6(e) provides for the Department to foster the use of natural resources and historic resources for recreation. This is the same recreation function as the one set out in current section 6(e), and the changes are intended merely to improve clarity and readability.

New section 6(ea) provides for a new function of the Department that is to recognise the economic opportunities that arise from the use and development of land and other resources managed by the Department, and to enable this use and development to the greatest extent practicable under the principal Act and other enactments. The tourism function limb of current section 6(e) is absorbed into this new provision.

Clauses 7 and 9 amend sections 6B and 6M, which set out the functions of the Conservation Authority and Conservation Boards (the Boards), to—

• remove the Boards’ function of recommending, and the Conservation Authority’s function of approving, conservation management strategies:

• remove the Conservation Authority’s and the Boards’ functions of approving conservation management plans:

• remove the Conservation Authority’s function of advising the Minister on statements of general policy:

• add functions for the Conservation Authority and Boards to provide comments on the draft NCPS and draft area plans:

• update the advisory functions of the Conservation Authority and Boards to reflect the change to the new management planning instruments.

Clause 15 inserts new sections 13A to 13I (which relate to the new management planning instruments). These new provisions replace sections 17A to 17I of the principal Act, which in turn are repealed by clause 16.

Clauses 17 to 20 amend and renumber current sections 17J to 17M as renumbered sections 13J to 13M. These sections relate to freshwater fisheries management plans and sports fish and game management plans, and are amended to update the terminology and to require them to be consistent with the NCPS and area plans.

Clause 21 inserts new section 13N. This section replaces section 17N of the principal Act (which is in turn repealed by clause 22).

Subpart 1 of Part 2 of the Bill makes consequential amendments to the National Parks Act 1980 (NPA), to reflect the changes made in Part 1. Of particular note are the following:

• clause 50 amends section 2 of the NPA to insert definitions of area plan and National Conservation Policy Statement, and to remove the definitions of conservation management strategy and management plan; and

• clause 62 amends section 43 of the NPA, which requires the Department to administer and manage national parks in accordance with statements of general policy for national parks, conservation management strategies, and national park management plans. The amendments now require the Department to administer and manage national parks in accordance with the NCPS and area plans; and

• clause 63 repeals sections 44 to 48 of the NPA, which provide for the making of general policy for national parks, conservation management strategies, and national park management plans. These management planning instruments are all replaced by the NCPS and area plans under the principal Act; and

• references to general policy for national parks throughout the NPA are updated to refer to the NCPS; and

• references to conservation management strategies and national park management plans throughout the NPA are updated to refer instead to area plans.

Subpart 2 of Part 2 of the Bill makes consequential amendments to the Reserves Act 1977 (Reserves Act), to reflect the changes made in Part 1. Of particular note are the following:

• clause 73 amends section 2 of the Reserves Act to insert definitions of area plan and National Conservation Policy Statement, and to remove the definitions of conservation management plan and conservation management strategy; and

• clause 76 repeals Part 2A of the Reserves Act, which provides for the Minister to approve general policy statements for reserves. These statements are replaced by the NCPS made under the principal Act; and

• clause 83 replaces section 40A of the Reserves Act, which requires the Department to manage reserves administered by it in accordance with conservation management strategies. The amendments now require the Department to administer and manage those reserves in accordance with the NCPS and area plans; and

• clause 84 repeals section 40B of the Reserves Act which provides for conservation management plans. These plans also are replaced by area plans; and

• references to general policy for national parks throughout the Reserves Act are updated to refer to the NCPS; and

• references to conservation management strategies and conservation management plans throughout the Reserves Act are updated to refer instead to area plans; and

• references to management plans under section 41 are updated throughout the Reserves Act to refer to reserve management plans to avoid confusion with other management planning documents.

Subparts 3 to 7 of Part 2 amend other legislation administered by the Department that is also affected by the changes to management planning instruments.

Clause 102 updates definitions in the Marine Mammals Protection Act 1978.

Clauses 103 and 104 have the effect of replacing general policy, conservation management strategies, and conservation management plans made under the Marine Mammals Protection Act 1978 with the NCPS and area plans made under the principal Act.

Clause 106 updates definitions in the Marine Reserves Act 1971.

Clauses 107 and 108 have the effect of replacing statements of general policy, conservation management strategies, and conservation management plans made under the Marine Reserves Act 1971 with the NCPS and area plans made under the principal Act.

Clause 110 updates definitions in the Wild Animal Control Act 1977.

Clause 111 has the effect of replacing general policy statements made under the Wild Animal Control Act 1977 with the NCPS made under the principal Act.

Clause 112 replaces section 5A of the Wild Animal Control Act 1977, which provides that wild animal control plans and statements of general policy may not derogate from any provision in an Act or in a conservation management strategy.

Clause 117 updates definitions in the Wildlife Act 1953.

Clause 120 amends section 14B of the Wildlife Act 1953, which requires the Department to manage all wildlife sanctuaries, wildlife refuges, and wildlife management reserves in accordance with statements of general policy, conservation management strategies, and conservation management plans. This is replaced by a requirement to manage these areas in accordance with the NCPS and area plans.

Clause 121 repeals the provisions of the Wildlife Act 1953 that relate to statements of general policy, conservation management strategies, and conservation management plans.

Clause 123 replaces section 11 of the Hauraki Gulf Marine Park Act 2000, which states that sections 7 and 8 of that Act have the same effect as a general policy statement made under a Department of Conservation enactment. This is replaced to state that sections 7 and 8 have the same effect as the National Conservation Policy Statement.

Subpart 8 of Part 2 amends the Resource Management Act 1991.

Clause 127 amends section 4(3)(a) of the Resource Management Act 1991, which states that section 9(3) of that Act does not apply to work of the Crown on public conservation land that is consistent with a conservation management strategy or conservation management plan. The replacement provision states that section 9(3) does not apply if the work is consistent with the NCPS or an area plan.

Subpart 9 of Part 2 amends the Marine and Coastal Area (Takutai Moana) Act 2011.

Clauses 130 to 132 amend the Marine and Coastal Area (Takutai Moana) Act 2011 to add a new conservation activity to which a conservation permission right applies (namely, a proposal to add or amend a pre-approved or exempt activity to the NCPS).

Part 3 of the Bill makes consequential amendments to some Treaty settlement Acts to reflect the changes made in Part 1 of the Bill.

The amendments are limited to—

• replacing references to management planning instruments; and

• updating overlay classification provisions to reflect that responsibility for preparing and making planning instruments has been reallocated from the Conservation Authority and Conservation Boards to the Director-General and the Minister.

The amendments are limited to those that enable Treaty settlement redress or arrangements to operate with equivalent effect to how they operate now.

Clause 44 inserts new Part 3 into Schedule 1AA of the principal Act to provide for transitional, savings, and other provisions in relation to the Bill. This new Part is set out in Schedule 1. It includes the following provisions in relation to management planning:

• new clause 8 provides that the Minister does not need to follow the new Schedule 2 process when making the first NCPS:

• new clause 9 provides that the existing Conservation General Policy ceases to have effect from the date the first NCPS comes into force:

• new clause 10 provides that until the first NCPS comes into force, all obligations relating to acting in accordance with the NCPS are to be treated as obligations to act in accordance with general policy:

• new clause 11 provides that existing conservation management strategies and conservation management plans remain in effect until replaced by area plans. However, if those existing instruments are inconsistent with the NCPS, they have no effect to the extent of the inconsistency.

Clause 71 of the Bill inserts new Schedule 1AA into the National Parks Act 1980, as set out in Schedule 4. This provides for similar transitional arrangements for national parks general policy and national park management plans to those provided for conservation general policy and conservation management strategies and plans.

New subpart 3 of Part 3 of Schedule 1AA of the principal Act (inserted by clause 44) provides for transitional arrangements in relation to Treaty settlement redress and arrangements under the Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019 (Treaty settlement redress and arrangements), in order to assist in the transition to the new land management provisions.

New clause 24 states that the Crown will work with any post-settlement governance entity and the ngā hapū o Ngāti Porou governance entity to seek agreement on how their Treaty settlement redress or arrangements will operate with the same or equivalent effect to the greatest extent possible under the amended legislation. This clause applies for 2 years from the commencement date, but discussions and agreements (and the progress of any necessary legislation) may continue beyond that time.

New clause 25 provides that, until agreement is reached under new clause 24, all persons performing and exercising functions, duties, and powers under the principal Act must, to the greatest extent possible under the amendment Act, give an effect that is the same as, or equivalent to, the effect that the Treaty settlement redress or arrangements would have under the previous legislation in respect to land management.

Clause 23 replaces Part 3B of the principal Act. New Part 3B restructures the current concession regime and makes substantial changes to its operation, but does not alter the categories of land to which the regime applies.

New Part 3B applies directly to conservation areas, but also indirectly to national park land under the National Parks Act 1980, Crown land to which the Reserves Act 1977 applies, and certain land to which the Wildlife Act 1953 applies. This is achieved by reading any reference to a conservation area as a reference to a park, a reserve, or wildlife land, as the case may be (see section 49 of the National Parks Act 1980, section 59A of the Reserves Act 1977, and section 14AA of the Wildlife Act 1953). This hook-in approach is unchanged.

New subpart 1 (clauses 14 to 14E) sets out preliminary provisions, including the purpose of the Part (new section 14). New section 14A sets the ground rules as to when an activity is permitted to be carried out in a conservation area: a person may do so only if the Minister has granted the person a concession or the activity is exempt from that requirement because it is an activity listed in new section 14A(2)(a) to (f).

New section 14B sets out the 3 ways in which the Minister may grant a concession: individually, by allocation, or by means of the activity having been pre-approved. New subparts 2, 3, and 4 then respectively deal with the processes in relation to each type of concession.

New section 14C provides for concessions to be granted for carrying out activities in relation to Crown-owned wharfs (including moorings, docks, quays, marinas, jetties, and launching facilities) where the wharf extends into a conservation area. New section 14D sets out the relationship between this Part and other legislation and new section 14E provides that other land management powers of the Minister and the Director-General are not affected by this Part.

New subpart 2 (clauses 14F to 14ZE) sets out the matters relating to the granting of individual concession applications. These relate to the following:

• submitting an application, including the payment of an application processing fee (new sections 14G to 14I):

• the Minister’s decision-making process, including the matters the Minister must consider when making a decision on an application and the powers the Minister has to require an applicant to provide further information and to seek advice from third parties (new sections 14K to 14M):

• the deadline by which the Minister must grant or decline an application and when that deadline may or must be extended (new sections 14N to 14Q):

• the mandatory and discretionary public notification requirements for an application, which vary depending on the type of concession being sought (for example, the Minister must notify every application for a licence for a term of more than 10 years, but has a discretion as to whether to notify other licences) (new section 14R):

• the lack of an automatic right for submitters on a publicly notified application to a hearing (new section 14S):

• the time frames that apply for providing comments if the Minister consults Māori groups with relevant interests on an application (new section 14T):

• when, and the circumstances in which, the Minister may discontinue an application (new sections 14U to 14Y):

• the grounds on which the Minister may decline an application (new section 14Z):

• the process by which the Minister must inform an applicant that their application has been unsuccessful and the options the applicant has in response (applying for reconsideration of the application, resubmitting the application, or participating in an allocation process under new subpart 3) (new section 14ZA):

• the Minister’s ability to grant particular types of concession (for example, when a different type of concession than that sought by the application is more appropriate or the application involves a marginal strip) (new sections 14ZB and 14ZC):

• the rights of an applicant to reconsideration by the Minister of their application and the limits on the Minister as to what the Minister may consider in relation to such an application (new sections 14ZD and 14ZE).

New subpart 3 (clauses 14ZF to 14ZH) empowers the Minister to grant concessions by allocation. The Minister may do so using any process that the Minister considers appropriate: for example, by tender or invitation (new section 14ZF).

New section 14ZG provides that section 4 of the principal Act (requiring the principal Act to be interpreted to give effect to the principles of the Treaty of Waitangi) does not require the Minister to initiate an allocation process for the purposes of granting concessions for an activity.

New section 14ZH lists both the machinery and substantive provisions in new subpart 2 that apply to any allocation process carried out under this subpart (including the provisions relating to the information required in an application and the matters that the Minister must consider when determining it).

New subpart 4 (clauses 14ZI to 14ZK) provides for the granting of pre-approved concessions. These are concessions granted for activities classified in the NCPS as pre-approved (see new section 13E(1) inserted by clause 15).

New section 14ZI sets out how a pre-approved concession is granted. This is done by the applicant completing a form, accepting the conditions attached to the concession, and paying a fee (if required).

New section 14ZK provides for the suspension of pre-approved concessions if the Minister has issued a suspension notice under new section 13F. During the period of a suspension, all current pre-approved concessions for that activity or class of activity are invalid and no new pre-approved concessions may be issued for that activity or class.

New subpart 5 (clauses 14ZL to 14ZZG) sets out matters that apply to all concessions, with limited exceptions (see new section 14ZL(2)). These include provisions relating to the following matters:

• the types of conditions that the Minister may impose on a concession (new sections 14ZM and 14ZN):

• the conditions that are deemed to be included in all concessions (new sections 14ZO, 14ZP, 14ZQ, and 17ZR). New section 48E(1)(a) (inserted by clause 33) provides for regulations to be made under section 48 for the purposes of new section 14ZP, which deems every concession to include a condition that a concession holder may be required to pay an activity fee under their concession. The regulations may specify the amount of the fees, or a method of ascertaining the amount of the fees, and may authorise the Minister to refund or waive, in whole or in part, and on any conditions, payment of a fee payable by any person or class of persons:

• the methods by which conditions may be varied (new section 14ZV):

• when a term, condition, requirement, or any other provision of a concession has no effect (section 14ZW):

• what the Minister may require of concession holders if the Minister or Director-General provides services to them (new section 14ZX):

• the term limits of concession types (new section 14ZY):

• that the Minister is deemed to be the registered owner of a conservation area for the purpose of granting an easement over that area (new section 14ZZA):

• matters relating to the disposal of a concession holder’s interest by transfer or other method (new sections 14ZZB and 14ZZC):

• the powers of the Minister to cancel a concession if the concession document is not signed or the concession is not executed within two years of its commencement or any longer period that the Minister allows (new section 14ZZD):

• matters providing for the continuation of concessions that are due to expire (new sections 14ZZE to 14ZZG).

New sections 14ZS and 14ZT authorise the Minister to set standardised conditions in relation to any matter described in new section 14ZM. The Minister may do so by notice (new section 14ZS) for new concessions or under regulations made in accordance with new section 48E(1)(b) (as inserted by clause 33) for existing concessions. However, if a condition is imposed on a concession in either of these ways, the Minister may not impose a condition under the general power in new section 14ZM in relation to the same matter (see new section 14ZM(2)).

New section 14ZU provides that no compensation is payable to a concession holder by the Crown if a condition imposed on them under new section 14ZT results in any interest or right of the concession holder being modified or extinguished, whether wholly or in part.

New section 14ZZ requires the Minister to contribute to the costs of persons invited to make comments on a concession application if the person falls within a class prescribed in regulations made in accordance with new section 48E(1)(c) (as inserted by clause 33). This requirement does not apply to the costs of any person who provides comments invited by way of public notice.

Current section 17ZF of the principal Act relates to aircraft landing in conservation areas that are not certified aerodromes. This is prohibited without a concession or in specified circumstances. This section has been relocated to new section 12 (inserted by clause 13), but remains unchanged in its effect.

New subpart 2 of new Part 3 of Schedule 1AA of the principal Act (inserted by clause 44 and Schedule 1) provides for transitional, savings, and other provisions relating to concessions. New clause 18 of Schedule 1AA sets out the general rule, which requires concession applications not determined before the commencement of the Bill to be determined in accordance with current Part 3B of the principal Act. The ensuing provisions (clauses 19 to 22 of Schedule 1AA) provide exceptions and qualifications to this rule, and clause 23 requires the ongoing public availability of certain concession applications.

New Part 3C (new sections 15 to 15ZB) relates to exchanges and disposals of land vested in the Crown and held under the principal Act, the Reserves Act 1977, or the Wildlife Act 1953 (new section 15). The Part replaces sections 16, 16A, and 26 of the principal Act, and limits the scope of section 15 of the Reserves Act 1977 to the exchange of reserves vested in an administering body (see clauses 14, 25, and 75).

Subpart 1 (new sections 15A to 15I) relates to exchanges of land.

Subpart 2 (new sections 15J to 15V) relates to land disposals.

Subpart 3 (new sections 15W to 15ZB) applies to both land exchanges and land disposals.

Under new section 15A, the Minister may, by notice in the Gazette, authorise a land exchange, but only if a net conservation benefit will result and the land is not of a type specified in subsection (2) of that section. This includes land described in new Schedule 5 (as inserted by clause 47 and Schedule 3).

A net conservation benefit results if the natural resources and historic resources of the incoming land are assessed as being greater than those of the outgoing land (new section 15C(3) to (5)). However, if the land relates to land held under the Reserves Act 1977 or the Wildlife Act 1953, the test is modified to take into account the context of those Acts (see new section 15(3)).

Before the Minister considers a proposal under new section 15C, including all the matters specified in subsection (2) of that section, the Director-General must consult with the persons specified in new section 15B(1) and produce a report on the proposal.

New section 15D sets out the matters that must be included in the Minister’s decision on a proposal. The Minister may impose conditions on an exchange (new sections 15E and 15F) and require payment (or pay an amount) for an exchange (new section 15G).

The effect of an exchange of land is set out in new section 15H. Subject to any condition imposed under new section 15E or 15F, the outgoing land transferred under this subpart ceases to be land held under the principal Act, the Reserves Act 1977, or the Wildlife Act 1953, as the case may be.

Section 15K empowers the Minister to dispose of land if—

• the land is not important for the conservation of threatened species or threatened ecosystems, or both (subsection (1)(a)); and

• in the ecological district in which the land is located, the indigenous vegetation of the land, or the habitat of indigenous fauna present on the land, is not the best example, or one of the best examples, of that type in relation to legally protected land in that ecological district (subsection (1)(b)); and

• none of the prohibitions in subsection (2) apply.

Before the Minister considers a proposal under new section 15O, including all the matters specified in subsection (2) of that section, the Director-General must consult on the proposal and produce a report (new sections 15L and 15N). The report must include the Director-General’s recommendation on whether the proposal should proceed (if the recommendation is against the proposal proceeding, the Minister must not dispose of the land (see new section 15K(2)(f)).

For the purposes of the consultation, the Director-General must invite comments from the persons specified in new section 15L(1) and then publicly notify the proposal (new section 15L(4) and (5)). A public submitter has no right to be heard on their submission (new section 15M).

New section 15P sets out the matters that must be included in the Minister’s decision on a proposal. The Minister may impose conditions on a disposal (new section 15Q).

A disposal must be gazetted (new section 15R) and may be effected by a transfer under the Land Transfer Act 2017 (new section 15S).

The effect of a disposal is set out in new section 15T. Subject to any condition imposed under new section 15Q(2), the outgoing land transferred under this subpart ceases to be land held under the principal Act, the Reserves Act 1977, or the Wildlife Act 1953. Any proceeds from the disposal must be paid into a Crown Bank Account and applied in accordance with new section 15U.

Subpart 3 sets out provisions applying to both land exchanges and disposals. These include provisions in relation to the following matters:

• consultation between Ministers (new section 15W):

• minor boundary adjustments of land that has low conservation value under a truncated process (but still requiring consultation in certain circumstances) (new section 15X):

• an Order in Council process to amend new Schedule 5 to add further categories of land prohibited from being exchanged or disposed of (new section 15Z):

• machinery provisions relating to facilitating and giving effect to exchanges and disposals (new sections 15ZA and 15ZB).

Clause 42 amends section 62, which provides for certain land to be managed as if it is a stewardship area. The prohibition on disposing of this land is removed.

Clause 23 inserts new Part 3D (new sections 16 to 16I), which relates to a new category of land known as visitor amenities areas. The purpose of visitor amenities areas is to provide the public with recreational and public amenities and related services to further the use and enjoyment of land held under the principal Act or any Act listed in Schedule 1 of the principal Act (new section 16A). New section 16A(2) sets out a non-exclusive list of what recreational and public amenities and related services are. These include—

• toilets, visitor centres, accommodation, car parks, restaurants, and cafes:

• other infrastructure that supports visitors and recreational activities:

• tour operator services, catering, merchandising, guiding, transportation, and equipment rental.

Under new section 16, the Minister may set apart land as a visitor amenities area within land vested in the Crown and managed or administered by the Department that is a conservation park, a stewardship area, a national park, or a reserve with one of the classifications listed in subsection (1)(d). The Minister may do so at the Minister’s own initiative or on the written request of the Director-General.

New sections 16B and 16C set out the process by which the Minister must consider a proposal, which includes inviting comments from relevant iwi authorities (and the Conservation Authority if the land is within a national park), and public consultation but without any right of a submitter to a hearing on their submission (new section 16D).

New section 16E sets out the matters that the Minister must consider when making their decision on a proposal. If agreeing to the proposal, the Minister must be satisfied that—

• the location of the area is already, or is predicted to be, in an area of high visitor use within the parent land; and

• there is no other area within the parent land where the adverse effects of setting apart a visitor amenities area would be significantly less; and

• the amenities and services proposed to be provided could not reasonably be located outside of the parent land; and

• the size of the area is appropriate for the facilities and services that are likely to be provided; and

• despite the development of the area within the parent land, the natural resources and historic resources (or equivalent things to be protected, if the area is held other than under the principal Act) will continue to be well represented in that or any adjacent land held under the principal Act or any Act listed in Schedule 1 of the principal Act.

As soon as practicable after the Minister sets apart a visitor amenities area, the Director-General must insert a visitor amenities chapter into the affected area plan (new section 16F), which is deemed to be part of that area plan.

While an area of land is set apart as a visitor amenities area, activities within that area may be authorised in accordance with the Act under which the land is held (whether by concession or otherwise) if to do so would be consistent with the chapter of the area plan (new section 16G).

This rule applies even if authorising the activity would be inconsistent with any other provision of that area plan, and the purposes for, or principles under which, that land is held apply only so far as they are compatible with that authorisation.

New sections 16H and 16I authorise the Minister to alter or revoke a visitor amenities area or to amend the relevant chapter of the area plan without, at the same time, amending the boundaries of the area.

Clause 24 of the Bill makes a related amendment. Current section 23A of the principal Act provides for amenity areas under Part 4 of the principal Act, which relates to specially protected areas. These areas are renamed as natural character areas to avoid confusion with the term visitor amenities areas.

Clause 46 is a related amendment and updates Schedule 4 of the principal Act for the same purpose. Schedule 4 of the principal Act relates to certain land that, under section 63 of that Act, may become a protected area without public notification.

The principal Act is amended to permit international visitors to be charged a levy when accessing particular conservation areas, national parks, or reserves.

Clause 4 amends section 2 of the principal Act, to insert new definitions relating to the levy—

• access means entering, using, or being in an area by any means, including the use of a path, track, or road; and

• international visitor means a person who is not a New Zealand citizen or ordinarily resident in New Zealand. Ordinarily resident is defined in new subsection (2A) to mean a person holding a resident, student, or work visa whose home is in New Zealand and who has lived in New Zealand for at least 6 months of the previous year.

Clause 13 inserts new section 11 which requires international visitors to pay an access levy before accessing an area for which a levy has been prescribed in accordance with new section 48D. A person who fails to comply with this requirement commits an offence liable on conviction to a fine not exceeding $5,000.

Clause 27 amends section 33 (which relates to payments received or due to the Crown or the Minister) to require access levy money received on behalf of the Crown to be paid to the Crown as specified in regulations. It also restricts the use of the access levy money to the purposes in new section 48D(2) (as inserted by clause 33).

Clause 28 inserts new section 34(1A) to require the Director-General to include information relating to the access levy money in annual reports.

Clause 33 inserts new section 48D, which provides for the making of regulations under section 48(1)(k) for the purpose of charging levies payable by international visitors. New section 48D(2) states that the purpose of the levies is to fund, or contribute to the funding of, maintaining and enhancing visitor experiences on land managed and administered by the Department, as well as the cost of collecting the levies.

New section 48D(3) to (5) provide that levies may be set for conservation areas, national parks, or reserves managed or administered by the Crown, and apply to geographic areas or specific paths, tracks, or roads. Areas may be subject to levies if, in the opinion of the Minister, the benefits of a levy outweigh the operational costs, and if the area has high international visitor numbers or high costs for visitor infrastructure and facilities.

New section 48D(6) sets out what may be included in levy regulations, including providing for the collection of the levy by third parties. Different levies may be required for different classes of visitors and different levy areas.

New section 48D(7) requires the Minister to consult Māori groups with relevant interest, local communities, and affected concession holders before recommending levy regulations be made. Consultation is not required for minor or technical changes, or changes that reflect to changes in Consumer Price Index.

New section 48D(10) requires the Minister to review the levy regulations every 5 years.

Clause 35 inserts new section 51UA, which creates a new infringement offence for an international visitors who do not pay the levy as required.

Clause 151 amends the Conservation (Infringement Offences) Regulations 2019 to provide that the infringement fee for an offence against new section 51UA (inserted by clause 35) is $200, with the maximum fine being $400.

Clause 29 amends section 38 of the principal Act, which relates to hunting on conservation areas. It replaces section 38(1) and (2) and reallocates the power to issue hunting permits from the Director-General to the Minister. New subsection (9) clarifies that the section does not limit or affect any other legislation that provides an offence for hunting. New subsection (10) defines hunting permit for the purposes of the section.

Clause 34 repeals section 49(1), which sets out what the Minister must do when publicly notifying anything under the principal Act. The principal Act will instead rely on the definition of public notice in section 13 of the Legislation Act 2019, which contains definitions that apply to all legislation. The heading of section 49 is consequentially amended to reflect this.

Clause 36 amends section 51X of the principal Act, which provides for infringement notices. The amendments remove the provisions relating to service of infringement notices (which is instead dealt with under new section 51YA inserted by clause 37). The amendments remove the requirement for infringement notices to state a physical address where infringement notices can be paid, replacing this with a requirement for notices to state (more generally) how the fee may be paid.

Clause 37 inserts new section 51YA, which provides service requirements for infringement notices and reminder notices. The effect of these changes is to permit service of infringement notices and reminder notices under the principal Act via electronic service to an email address.

Clause 40 inserts new section 60BA, which allows the Director-General to recover costs from a person while in the process of dealing with a matter (for example, an application for a concession, consent, permission, or licence) rather than once the request has been determined as is currently the case under section 60B.

Any costs payable under this section are non-refundable, even if the matter is not fully dealt with or the thing sought is not attained (for example, an application fails a step in the relevant process or is not granted at the end of that process).

Clause 39 amends section 60B of the principal Act in order to provide that the section is now subject to new section 60BA, and clause 41 amends section 60C so that new section 60BA also applies to costs relating to indirect applications.

Clause 11 replaces sections 7 and 8. Section 7 empowers the State to acquire and hold land for conservation purposes and section 8 provides for a Minister to be able to declare conservation land to be a reserve, sanctuary, refuge, or national park. New sections 7 and 8 include updated drafting and formatting but are functionally the same as current sections 7 and 8, except in relation to nature or scientific reserves.

New section 8(6) provides for the Governor-General, by Order in Council, to declare a conservation area to be such a reserve, subject to the procedural requirements in new subsection (7).

Clause 12 renumbers section 13 as section 9.

Clause 13 inserts new sections 10 to 12:

• new section 10 is functionally the same as current section 17 (access to conservation areas) but with minor changes to reflect the introduction of the international visitor access levy. Current section 17 is repealed by clause 14:

• new section 11 requires international visitors to pay an access levy before accessing a conservation area where such a levy is imposed:

• new section 12 is functionally the same as current section 17ZF (aircraft), which is repealed with the replacement of Part 3B by clause 23.

Clause 14 repeals sections 16 to 17. The matters in section 16 (disposal of conservation areas) and section 16A (exchanges of stewardship areas) are now included in new Part 3C (see clause 23).