Schedule 6 - Approvals relating to Conservation Act 1987, Reserves Act 1977, Wildlife Act 1953, and National Parks Act 1980

Schedule 6 provides specific requirements in relation to approvals relating to conservation land.

Concessions

1.    Information requirements: referral applications 

In addition to general information requirements in the Act, specific information is required to be provided by applicants for concessions.

If the proposed concession includes a lease that would be for a term likely to exceed 50 years, and the granting of the lease would trigger a right of first refusal, offer or return, the application must confirm it has written agreement from that right holder to waive the right.  

2.    Information requirements: substantive applications

In addition to general information requirements in the Act, a substantive application must include: ^{e1d56dad-e3f2-4d7c-8c0f-27a28b0e42b1}

• A description of the proposed activity
• A description, maps and GPS coordinates identifying the site(s) for the proposed activity
• Information about whether the activity could reasonably be undertaken in another location, or conservation area, where the potential adverse effects would be significantly less
• For Conservation Act, Wildlife Act or National Parks Act concessions, and a Reserves Act lease, licence, permit or easement in respect of a Crown-administered reserve, information about consistency with relevant conservation management strategies and plans, including those authored or approved by a Treaty settlement entity
• For a Reserves Act lease, licence, permit or easement in respect of a non-Crown administer reserve, information about the extent to which the project is consistent with any management plan issued under the Reserves Act.
• Information detailing the extent to which the project is consistent with the purposes for which the land is held
• A description of potential positive and negative effects and any actions proposed to avoid, remedy, mitigate, offset or compensate for adverse effects
• Details of the type of concession applied for and the proposed duration (with reasons). If the application is for a lease, licence for an interest in land, or an easement, reasons for the request and sufficient information for the panel to make its decision
• Information about the applicant
• Full details of any consultation undertaken
• Information about financial and legal liabilities and obligations associated with the land
• Where an approval is sought in relation to a reserve owned or managed by a local authority, confirmation the authority has provided written agreement for the activity to occur. A local authority must not unreasonably withhold agreement and must take into account the purpose of the Fast-track Approvals Act 2024 and any other relevant Reserves Act matters ^{2b23fa8c-7e19-48a2-ad24-93181892938e}  
• In relation to a lease, confirmation any holder of a right of first refusal, offer or return, has waived that right if the proposed lease would likely exceed 50 years 

The Director-General of Conservation must also provide a report to the EPA (see Fast-track Approvals Act: Considering and determining substantive applications section). The report must include: ^{39cbf0a1-dbc5-4a9c-9d21-c9dd50e0b9ef}

•  Information to assist assessment of the application (see Schedule 6: Concessions: The Panel’s decision section), except the views of relevant Treaty settlement entities or information relating to policy statements, management plans or strategies of the Crown
• Information on existing arrangements for the land (including any conservation management strategies or plans) and the purposes for which the land is held (and who has responsibility for it)
• Information on whether the land is subject to any existing arrangements that create obligations in relation to the land
• Information on risks to the Crown
• If the application is for a concession for electricity infrastructure in a national park, any statement of general policy for parks
• Any conditions that should be imposed, and conditions that must be imposed in accordance with any direction of the appropriate Minister. 

In preparing the report, the Director-General of Conservation must consult every person that is an administrator of the land, except if the administrator is the Crown. 

3.    Consultation

In addition to general consultation requirements (see Fast-track Approvals Act: Invitation for comment section), other people must be invited to comment on concession approvals: 

• The New Zealand Conservation Authority
• Relevant Conservation Boards
• The New Zealand Fish and Game Council
• The Game Animal Council

4.    The Panel’s decision

When considering an application for a concession, including conditions, the panel must take into account: ^{d3874c93-f034-410d-827a-ec698cee8d80}

• The purpose of the Act, which is to facilitate the delivery of infrastructure and development projects with significant regional or national benefits
• The purpose for which the land is held, and the status, ownership and administration of the land
• Whether the land is subject to any existing arrangements that create obligations in relation to the land, and any legal and financial risks associated with the decision
• Part 3B of the Conservation Act dealing with concessions, except for s 17SB (which gives the Minister power to decline an application that is obviously inconsistent with the Conservation Act) and s 17U(3) (which requires the application be declined if the activity is contrary to the provisions of the Conservation Act or the purposes for which the land is held).
• Any other relevant provisions of the Conservation Act that direct decision making in relation to Part 3B of that Act
• For a Wildlife Act concession, relevant sections of the Wildlife Act (s 14, 14A and 14AA)
• For a National Parks Act concession, the requirement in that Act for the Minister to satisfy themselves that that the concession can be granted without permanently affecting the rights of the public in respect of the park and that the concession is not inconsistent with the principle of parks being maintained in a natural state, with public right of entry preserved. ^{02582ac4-fc9e-4bd6-a715-780cf4963c48}
• For a Reserves Act concession, the purpose for which the land is held taking into account the purpose of that Act, sections relating to acquisition of land, classification and management of reserves, and others.
• Any relevant conservation management strategy or plan, national park management strategy or plan, or reserve management plan that has been co-authored, authored or approved by a Treaty settlement entity, and the views of that entity on the proposed concession. 

When considering all the above, the panel must give the greatest weight to the purpose of the Act.

The panel may also consider any relevant policy statement or management plan of the Crown or any relevant reserve management plan of the administering body. 

The panel must consider provisions of the Conservation Act and National Parks Act that could require an application be declined in normal circumstances but must not treat the provisions as requiring the panel to decline the application. 

The Panel must decline the approval if: ^{b2abf3a4-813f-4ae1-a21c-09cb8d25c86f}

•  For an activity on a reserve owned or managed by a local authority, where the panel is not satisfied that the local authority has provided written agreement for the activity to occur
• Giving effect to the approval would result in an interest being given that is incompatible with an existing interest in the land
• For a lease that triggers a right of first refusal, offer or return, and where the lease is likely to exceed 50 years, where the panel is not satisfied the right holder has provided written agreement waiving their right for the purpose of granting the approval

The powers of the Minister to impose and enforce conditions in the Conservation Act apply to the panel.  In addition, the panel may impose conditions it thinks fit relating to the use of vehicles or aircraft on or over the land,  and conditions requiring payment of rents, fees or royalties to the Crown, or any other levy or charge made on an occupier or owner of land.  These must be reviewed by the Minister for Conservation at least every 3 years. ^{0eb567c5-889e-40d6-ad96-92e7faccef07}  

The panel must impose the mandatory conditions outlined in the Director-General of Conservation’s report (see above Schedule 6: Information required in substantive application section). 

5.    Ministerial “call-in”

The Minister may call in the decision in specific circumstances (see Fast-track Approvals Act: Special call in process for concession, land exchange or access arrangement section).

 A decision to grant a concession must be given effect to after 30 working days has expired since the decision document was issued.  A concession commences only after it is given effect to and in accordance with the terms of the concession. ^{bdc0d64f-0de1-4e45-8106-7b6a92f62576}  

6.    Term of concession ^{49d8353a-50c6-43e5-b7dc-56bf3db0259d}  

The term of a lease or licence must not exceed 30 years, unless the panel is satisfied that there are exceptional circumstances, in which case the term must not exceed 60 years.

A permit may be granted for a term not exceeding 10 years (and is not renewable).

An easement may be granted for a term not exceeding 30 years, but in exceptional circumstances, a term may be granted not exceeding 60 years. Where the easement provides the only practical access to a property, the term may be for a longer period as the panel considers appropriate. Where the easement is for a public work (as defined in the Public Works Act 1981), the term may be for the reasonably foreseeable duration of that public work.

7.    Effect of concession

A concession granted under the Act has the same force and effect, according to its terms, as if it were granted under the relevant specified Act. ^{1e1c8992-14f8-4e9e-829e-686b3f57a020}   Specific sections specifying the Department of Conservation’s role in administering and managing conservation areas, wildlife areas, national parks, reserves do not apply.

Applications for variations or extensions to the concession must be determined by the Minister of Conservation (or relevant administering authority for some concessions under the Reserves Act) in accordance with Part 3B of the Conservation Act.  However, some sections of that Act do not apply. 

8.    Failure to execute or exercise concession and enforcement

Section 17ZD of the Conservation Act applies to concessions under this Act. That section requires signing of a concession document by the applicant within 1 month after being required by written notice to do so. It also sets a lapse date of 2 years after the date of commencement, or a longer period as the panel may allow, unless the concession is exercised. ^{21b8a775-a34a-4132-982f-994a44765851}   

The Minister of Conservation may take all necessary proceedings to enforce any conditions, in respect of any breach of conditions, or in respect of any act or omission contrary to the terms of the concession. 

9.    Compensation requirements 

Any compensation provided by the applicant must be used to achieve positive effects on land administered by the owner of the land to which the concession applies.  

Land exchanges

“conservation area” has the same meaning as given in the Conservation Act but excludes specific land (including national parks, nature reserves, and others).

 “Crown-owned reserve” means land that is vested in the Crown and is either classified as a type of reserve under the Reserves Act or declared as a wildlife management reserve under the Wildlife Act.  

“land exchange” means the exchange of a conservation area or Crown-owned reserve (or part of them) for other land by the applicant. 

1.    Information requirements: referral applications

In addition to general information requirements (see Fast-track Approvals Act: Information requirements for referral applications section), further specific information is required in a referral application for a land exchange:

•  A description of both land areas proposed for exchange, including maps and addresses
• The financial value of the land proposed to be acquired by the Crown
• A brief description of the conservation values of both pieces of land, including an explanation of why the exchange would benefit the conservation estate
• Confirmation that any right of first refusal, offer or return has been waived by the holder of that right
• Confirmation that no part of the land to be exchanged by the Crown is listed in Schedule 4 (land on which non-mining activities are ineligible including national parks, nature reserves, and others), or a national reserve under the Reserves Act

2.    Information requirements: lodging the land-exchange application with the Department of Conservation

Before lodging a substantive application for a project, the applicant must lodge a land-exchange application with the Department of Conservation (see Fast-track Approvals Act: preliminary steps for certain substantive applications section). Information provided to the Department must include: ^{69fabfee-f45c-4c81-a851-da3c66f9be1c}

• An assessment of the conservation values of both pieces of land, including an explanation of why the exchange would benefit the conservation estate
• Details of any improvement work to be done to provide a net conservation benefit, including how any money to be provided for improvements to the land could be spent
• Any proposals to address impacts on existing users, including in relation to access
• Information on financial and legal risks to the Crown
• Confirmation that any right of first refusal, offer or return has been waived by the holder of that right
• Full details of any consultation with relevant iwi, and any others with rights or interests in the land to be exchanged by the Crown

Once a land exchange application is lodged with it, the Director-General of Conservation must determine whether the application is complete, including whether the information requirements above have been complied with. ^{2c1b1391-0095-4836-a307-5f9fa926b7f5}

3.    Consultation 

Within 5 working days of making its decision, the Director-General of Conservation must invite written comments. In addition to general consultation requirements (see Fast-track Approvals Act: Invitation for comment section), other people must be invited by the Director-General of Conservation to provide written comments on the application: 

• The New Zealand Conservation authority; and
• Relevant Conservation Boards; and
• The New Zealand Fish and Game Council; and
• The Game Animal Council
• A person with rights or interests in the land to be exchanged by the Crown

4.    Information requirements: the Director-General of Conservation’s report on land exchange 

The Director-General of Conservation must then issue a report. ^{09d5f062-16db-4958-9376-4778fe6f16be} That report needs to include information addressing the specific issues that the panel needs to consider in making its decision (see Schedule 6: Land exchanges: The Panel’s decision section). ^{f3aa6827-d33d-4532-83fd-d2f421470ca6}

The report does not need to consider the purpose of the Act or any conservation management strategy or plan, or reserve management strategy or plan, made or approved by a Treaty settlement entity and the views of that entity. 

5.    Information requirements: substantive application

In addition to general information requirements (see Fast-track Approvals Act: Requirements of substantive applications section), a substantive application for a land exchange must:

• Include the Director-General of Conservation’s report (referred to above) and
• Not contain any further information in relation to the land exchange.

6.     Ministerial “call-in”

At any time before a panel decides an access arrangement the relevant Minister can decide to “call-in” the decision so that the Minister, not the panel, makes the decision on the application. This process is only available if the Minister is satisfied that the land exchange could: 

• Displace holders of interests in, and other users of, Crown land and as result, pose significant financial, legal or other risks for the Crown
• The exchange could result in the Crown acquiring land that would have significant ongoing management costs

7.    The Panel’s decision

When considering an application for a concession, including conditions, the panel must take into account: ^{cbe8bb9e-fa06-43c4-b7f0-ee6359a0be38}

•  The purpose of the Act, which is to facilitate the delivery of infrastructure and development projects with significant regional or national benefits
• The conservation values of the land including how threatened or abundant they are, and a comparative assessment of the values that relate to each area of land concerned
• The financial implications for the Crown
• The legal, financial and health and safety risks for the Crown
• Whether the consequences of the land exchange would be practical to manage on an ongoing basis, including whether the exchange would result in an enclave of private land within a conservation area
• Statements of conservation general policy issued under the Conservation Act
• Any conservation or reserve strategies or plans made or approved by a Treaty settlement entity, and the views of that entity on the proposed land exchange. The panel may also consider any other conservation or reserve management plan or strategy. 

When considering all the above, the panel must give the greatest weight to the purpose of the Act.

The panel must not grant the approval:

• Unless it is satisfied that the land exchange will enhance the conservation values of land managed by the Department of Conservation. This includes any money received.
• If the land to be exchanged is listed in Schedule 4 (including national parks, nature reserves, and others), or a national reserve under the Reserves Act
• If the panel is not satisfied that any right of first refusal, offer or return has been waived by the holder of that right

A declaration as to conservation status of land made under the Conservation Act does not prevent the land from being exchanged, and a revocation of the conservation status of the land under the Conservation Act is not required to carry out the exchange. 

The panel may authorise receipt of money by the Crown alongside a land exchange.  Money must be used on improvements to the land acquired that were necessary to satisfy the panel that the land exchange would enhance the conservation values of the land administered by the Department. 

8.    Conditions

The panel may set preconditions that: 

• Require the applicant obtain any resource consent or other matter necessary to enable the land exchange to be affected
• Require the applicant obtain any agreement with the holder of an interest in the land

If the land offered by the applicant is of lower market value than the land to be given by way of exchange by the Crown, the panel must impose a condition that the applicant pay the Crown to offset the inequality.  If the roles are reversed, the panel cannot require the Crown to pay the applicant. 

A decision to approve a land exchange is conditional on the appropriate Minister being satisfied that any preconditions have been met.

 In granting the land exchange, the panel can impose further conditions that: ^{4668c44f-f9c2-4876-8bc2-6c2f424fb840}

•  the land being given by way of exchange by the Crown will be subject to a reservation, classification, interest, or encumbrance specified by the panel
• the applicant is required to undertake or pay for any work that the panel thinks necessary to ensure the land exchange will enhance the conservation values of land managed by the Department of Conservation
• address impacts on any person who has a right to use the land, but the condition must not include the requirement for the applicant to obtain the person’s agreement to the land exchange

The panel must also impose the general conditions specified by the appropriate Minister. ^{56295c70-88bc-4fd3-9eb8-05467a8be6c3}   

9.    Giving effect to the decision

If the exchange is approved, the Minister of Conservation must execute and give notice of the exchange if the preconditions above have been met and a period of 30 working days has expired since the decision. ^{35415713-f3ce-4aff-9127-318ece024004}  

All land acquired by the Crown under this clause must be held for any conservation purposes that the Minister of Conservation may specify in respect of that land by notice in the Gazette. 

An approval commences after it is given effect to. Once given effect to, the land being given is no longer subject to any reservation, classification, interest, or encumbrance unless included as a condition of the exchange. ^{88fab821-3ada-4f5d-93f3-ce654c13e8da}

Specific sections of the Reserves Act, Conservation Act and Public Works Act are disapplied, including the need for a 20m marginal strip to be preserved, and for the purposes of a Treaty settlement Act, an exchange is deemed to be a disposal of the land.  

Conservation covenants 

1.    Information requirements: referral applications

The information required in a referral application is set out in s 13 (see Fast-track Approvals Act: Information requirements for referral applications section). No further specific information is required for referral applications for conservation covenants.

2.    Information requirements: substantive application

In addition to general information requirements in the Act, a substantive application for amendment or revocation of a conservation covenant must include: ^{f2244450-8550-4495-a03e-37d26e1d00de}  

• A general assessment of the values protected by the covenant, including the extent of any values of regional, national or international significance.
• A description of the area affected, and the values contained within it, in case the application related to only a portion of the area protected by a conservation covenant.
• An assessment of impacts of the project on those values and any proposed methods for addressing them.
• Whether and to what extent the values that will be impacted by the project are found elsewhere in any part of the covenanted area that will remain subject to the covenant protection.
• The contact details of the owner of the burdened land or, if the covenant relates to more than 1 parcel of land, of the owner of each piece of land that will be directly affected by the proposed activity.
• The written consent to the proposed amendment or revocation of each person referred above.
• The written consent of the local authority or other body under section 77 of the Reserves Act 1977 that granted the covenant.
• The details of the covenant including the address of all land subject to the covenant and a copy of the covenant deed and any variations. 

The Director-General of Conservation is required to provide a report that must include the following information: 

• The purpose of the conservation covenant and the conservation values of the land concerned; and
• Whether the amendment or revocation will compromise values of regional, national, or international significance; and
• Any conditions that should be imposed including those relating to Treaty settlements and recognised customary rights. 

3.    Consultation 

In addition to general consultation requirements (see Fast-track Approvals Act: Invitation for comment section), other people must be invited to provide written comments on the application: 

• The New Zealand Conservation authority; and
• Relevant Conservation Boards; and
• The New Zealand Fish and Game Council; and
• The Game Animal Council

4.    The Panel’s decision 

When considering the application for an amendment or a revocation of a conservation covenant, the panel must take into account: ^{e95e41fa-c4eb-4a40-bfbc-2d28cc70e01c}

•  The purpose of the Act
• The purpose of the covenant and the conservation values of the land concerned
• Whether the amendment or revocation will not compromise values of regional, national or international significance

When considering all the above, the panel must give the greatest weight to the purpose of the Act. 

The panel must not grant the approval unless the written consent of the owner of the burdened land, or of the owner of each piece of land that will be affected by the proposed activity, or of the local authority or respective body has been obtained. 

5.    Conditions

A panel may set conditions relating to the use of land on the amendment or revocation of a conservation covenant, including: ^{ecaf59e4-1cac-42ff-ad9a-b58651ca1b8b}  

• In the case of the revocation of a covenant: the protection by the applicant of equivalent land outside the area of the covenant.
• In the case of a variation of a covenant: the carrying out by the applicant of works to enhance conservation values on land remaining within the covenant.

6.    Giving effect to decision of panel

If a panel grants an amendment or a revocation of a conservation covenant, the Minister of Conservation (or the local authority or body if the covenant was granted in its favour), must, after a period of 30 working days from the issuance of the decision document, give effect to the amendment or revocation by: ^{5c1f0fa6-5dd6-459d-b20b-c868721220c0}

•  Apply in writing to the Registrar-General of Land to remove any registration or notation of the conservation covenant from the land’s record or title, or to amend the registration or notation
• Any other steps required to amend or revoke the conservation covenant

The amendment or revocation commences after the above actions are given effect to.

Last updated at 8:45AM on February 19, 2025