1952 No 54 National Parks

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1952 No 54 National Parks 1952J National Parks [No. 54 941. NEW ZEALAND ANALYSIS Title. 20. Term of office of certain mem­ 1. Short Title and commencement. bers of Egmont National Park 2. Interpretation. Board. 3. Parks to be maintained in :n. Chairman of the Board. natural state, and public to 22. Meetings. have right of entry. SpeciaZ Provisions With Respect to Egmont N ationaZ Park PART I 23. Egmont local committees. NATIONAL PARKS AUTHORITY 24. Funds of Egmont local com­ 4. National Parks Authority. mittees. 5. Meetings of Authority. 25. Travelling expenses of members 6. Duties of Authority. of Egmont local committees. 7. Authority to give effect to Government policy. Functions and Powers of NatwnaZ 8. Authority may delegate its Park Boards powers. 2fi. Functions of Boards. 27. Board may appoint officers. PART II 28. Particular powers of Boards. NA1'IONAL PARKS AND NATIONAL 29. Bush to be preserved. PARK BOARDS 30. Board may provide accommoda- National Parks tion for tourists. 31. Leasing areas within Parks. 9. Tongariro, Egmont, Abel Tasman, 32. Board may grant easements. Arthur Pass, and Sounds 33. Roads within the Park. (Fiordland) National Parks. 34. Wilderness areas. 10. Governor·General may declare 35. Park Board committees. • land to be a National Park. 36. Funds of committees. 11. Special area in Sounds (Fiord· 37. Travelling expenses of members land) National Park. of committees. 12. Speeial areas generally. :18. By·laws. 13. Acquisition of land for National :19. Proof of by·laws. Parks. ·10. Penalty for breach of by-laws. 14. Provision where domain declared 41. Powers where no Park Board. a National Park. N aUonaZ Park Boards PART III 15. Parks to be under control of FINANCIAL PROVISIONS Boards. 42. General funds of Boards. 16. Tongariro National Park Board. 43. Expenditure of funds. 17. Egmont National Park Board. 44. Unauthorized expenditure. 18. National Park Boards in other 45. Travelling expenses of members eases. of Authority and Park ]9. Term of office of members. Boards. 942 No. 54] National Parks [1952 46. Banking and investment of 55. Time within which information moneys. may be laid. 47. Imprest accounts. 56. Proceedings in respect of offences. 48. Audit of accounts. 57. Evidence of offences. 49. Annual statement of accounts 58. Application of fines. and report. 59. Mining operations in National 50. Contracts by members with Parks. Boards and committees. 60. Certificates of title in respect of 51. Local authorities may make con­ National Parks. tributions for national park 61. Cancellation of reservation of purposes. portion of Arthur Pass National Park. PART IV 62. Cancelling reservations over MIsCELLANEOUS Resolution Island. 52. Powers of park rangers, con­ 63. Regulations. stables, &c. 64. Consequential amendments. 53. Damage by fire. 65. Repeals and savings. 54. Offences within the Park. Schedules. 1952, No. 54 Title. AN ACT to consolidate and amend the law relating to National Parks. [23 October 1952 BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:- Short Title and 1. (1) This Act may be cited as the National Parks eommencement. Act 1952. (2) This Act shall come into force on the first day of April, nineteen hundred and fifty-three. Interpretation. 2. In this Act, unless the context otherwise Cl. 1922, requires,- No. 31, s. 2 "Local authority" means a County Council, a Cl. 1924, No. 60, s. 2 Borough Council, a Town Board, a Road Board, Cl. 1928, a Harbour Board, a Hospital Board, a River' No. 36, ss. 2, 70 Board, a Drainage Board, an Electric Power Board, and such other public bodies or classes of public bodies as are from time to time declared by the Governor-General, by Order in Council, to be local authorities for the purposes of this Act: " Minister " means the Minister of Lands: "National Parks Authority" or "Authority" means the National Parks Authority established under this Act: " National Park Board" or "Board" means a National Park Board established under this Act; and, when used in relation to any specified National Park, means the particular Board having the control and management of that Park: 1952] National Parks lNo. 54 943 " Park" means a National Park constituted under this Act: " Private land " means any land which is for the time being held in fee simple by any person other than Her Majesty; and includes any Maori land. 3. (1) It is hereby declared that the provisions of Pa~ks t.o be . this Act shall have effect for the purpose of preserving ::t::i::~t~n in perpetuity as National Parks, for the benefit and and p~b1ic to' enjoyment of the public, areas of New Zealand that ~:~~~~t contain scenery of such distinctive quality or natural features so beautiful or unique that their preservation is in the national interest. (2) It is hereby further declared that, having regard to the general purposes ~pecified in subsection one of this section, National Parks shall be so administered and maintained under the provisions of this Act that- (a) They shall be preserved as far as possible in their natural state: (b) Except where the Authority otherwise deter­ mines, the native flora and fauna of the Parks shall as far as possible be preserved and the introduced flora and fauna shall as far as possible be exterminated: \ c) Their value as soil, water, and forest conservation areas shall be maintained: (d) Subject to the provisions of this Act and to the imposition of such conditions and restrictions as may be necessary for the preservation of the native flora and fauna or for the welfare in general of the Parks, the public shall have freedom of entry and access to the Parks, so that they may receive in full measure the inspiration, enjoyment, recreation, and other benefits that may he derived from mountains, forests, sounds, lakes, and rivers. PART I NATIONAL PARKS AUTHORITY 4. (1) For the purposes of this Act there is hereby Nation~l Parks established an Authority to he called the National Parks Authonty. Authority, consisting of- (a) The Director-General of Lands, who shall be the Chairman of the Authority: 944 No. 54] National Parks [1952 (b) The Assistant Director-General of Lands, who shall be the Deputy Chairman of the Authority: (c) The Secretary for Internal Affairs: (d) The Director of Forestry: (e) The General Manager of the Department of Tourist and Health Resorts: (f) One person to be appointed by the Minister on the recommendation of the Royal Society of New Zealand: (g) One person to be appointed by the Minister on the recommendation of the executive of the Forest and Bird Protection Society of New Zealand, Incorporated: (h) One person to be appointed by the Minister on the recommendation of the Dominion Executive of the Federated Mountain Clubs of New Zealand, Incorporated: (i) One person to be appointed by the Minister to represent the National Park Boards constituted under this Act. (2) Subject to the provisions of subsection three of this section, every appointed member of the Authority shall be appointed for a term of three years, but may be reappointed, or may at any time be removed from office by the Minister for disability, insolvency, neglect of duty, or misconduct, or may at any time resign his office by writing addressed to the Minister. (3) If any appointed member of the Authority dies, is removed from office, resigns, or becomes ineligible to be a member of the Authodty, the vacancy so created shall be filled in the manner in which the appointment to the vacant office was originally made. The person so appointed shall be appointed for the residue of the term for which his predecessor was appointed. (4) Unless he sooner vacates his office as provided in subsection three of this section, every appointed member of the Authority shall continue in office until his successor comes into office, notwithstanding that the term for which he was appointed may have expired. (5) The powers of the Authority Shall not be affected by any vacancy in the membership thereof. 1952] National Parks [No. 54 945 5. (1) Meetings of the Authority may be summoned Meetin~of at any time by the Director-General of Lands or by the Authonty. Assistant Director-General of Lands on behalf of the Director-General. (2) The Director-General of Lands shall call a special meeting of the Authority whenever any three members by notice in writing require him to call a special meeting. (3) At any meeting of the Authority five members shall form a quorum. (4) In the absence from any meeting of any member being an officer of any Department of State he may authorize any other officer of that Department to attend the meeting in his stead. While any person is attending any meeting under this subsection he shall be deemed for all purposes to be a member of the Authority. (5) The fact that any person attends and acts as a member of the Authority at any such meeting shall be conclusive evidence of his authority to do so. (6) All questions before the Authority shall be decided by a majority of the valid votes recorded thereon. (7) The Chairman shall preside at all meetings of the Authority at which he is present. (8) In the absence of the Chairman from any such meeting, the Deputy Chairman, if present, shall preside. In the absence from any meeting of both the Chairman and the Deputy Chairman, the members present shall appoint one of their number to be Chairman of that meeting. (9) At every meeting of the Authority the Chairman of that meeting shall have a deliberative vote and, in the case of an equality of votes, shall also have a casting vote.
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