State Forest Regulations




1052 THE NEW ZEALAND GAZETTE.

through any part of the same, the Chief Conservator shall
report to the Commissioner of Crown Lands the extent of
such right or rights, and the mode in which the same is or
are to be used; and the Commissioner shall set forth in the
license granted to every such person the exact extent and
nature of the right or rights so to be granted, and any con-
ditions which may be considered necessary to secure the due
enjoyment and observance of such right or rights.

  1. All timber and other produce within any State forest
    may be disposed of, either by auction, appraisement, or
    license to fell, upon such terms as the Commissioner of State
    Forests shall prescribe, and all moneys which shall be payable
    for such timber or other produce shall be paid in such manner
    as the Commissioner shall direct.

  2. When required by the Chief Conservator, any person
    holding a license to fell timber shall use a brand, and shall
    register the same in the office of the Conservator, and no two
    persons shall use the same brand.

  3. Any person marking any timber with any brand not
    belonging to him, or branding any timber belonging to any
    other person with any brand other than the brand of the
    owner thereof, shall be guilty of an offence, and shall be
    liable to a penalty not exceeding £5 for every such offence;
    but the payment of such penalty shall not debar the person
    aggrieved from recovering the amount of any damage he may
    have sustained by the action of the delinquent.

  4. Any person lighting any fire within a State forest, and
    intentionally or negligently allowing the same to spread,
    shall be guilty of an offence, and shall be liable to a penalty
    not exceeding £20; but the payment of such penalty shall
    not prevent the recovery from the wrongdoer of the value of
    any damage which may be done by such fire.

  5. Any person who shall permit any fire lighted by him
    outside the boundaries of any State forest to spread into or
    cause injuries to such State forest shall be guilty of an
    offence, and shall be liable to a penalty not exceeding £20;
    but the payment of such penalty shall not prevent the
    recovery from the wrongdoer of the value of any damage
    which may be done by such fire.

  6. In case any fire shall occur in any State forest so as to
    threaten injury to the same, every person in the vicinity
    may be called upon to assist in extinguishing the same, and
    any person refusing, without lawful excuse, to give such
    assistance shall be guilty of an offence, and shall be liable to
    a penalty not exceeding £5.

  7. Any person who shall unlawfully injure or destroy any
    timber or other tree or shrub within the limits of any State
    forest shall be guilty of an offence, and shall be liable to a
    penalty not exceeding £5 for every timber-tree so injured or
    destroyed, and of £1 for every other tree or shrub so injured
    or destroyed.

  8. Any unlicensed person who may be found digging for
    kauri-resin, or other products, within the boundaries of any
    State forest, shall be liable to a penalty of not exceeding
    £20, in addition to payment of the amount of any injury
    which he may have caused.

  9. Any person who shall suffer any cattle or animal of
    any kind to wander in any reserve, or to browse upon or
    otherwise destroy any timber or other trees or shrubs, shall
    be guilty of an offence, and shall be liable to a penalty not
    exceeding £5, and the payment of such penalty shall not
    prevent the recovery from the wrongdoer of the value of any
    damage which may be done by any such cattle or animal;
    but nothing in this or any other regulations contained shall
    apply to cattle being driven on any public road through any
    State forest, or temporarily wandering without neglect of the
    person in charge of the same.

  10. Any ranger or other person may drive any cattle or
    other animal as aforesaid to the nearest public pound, and
    the same shall not be released therefrom except upon pay-
    ment of the sum of 5s. per head to the Chief Conservator of
    State Forests, in addition to all other poundage charges.

  11. Any person found within the limits of any State forest,
    and suspected of being there for an illegal purpose, may be
    arrested by any officer of the Forests Department, and shall,
    unless such Magistrate shall be of opinion that his being on
    such State forest was not for any unlawful purpose, be guilty
    of an offence, and be liable to a penalty not exceeding £2.

  12. Any person who shall hinder or obstruct any officer
    concerned in the management of any State forest in the
    execution of his duty, or in doing any act authorized by the
    foregoing Act or in these regulations, shall be guilty of an
    offence, and be liable to a penalty not exceeding £5.

CLASSIFICATION OF STATE FORESTS.

  1. State forests shall be divided into three classes, as
    under:—
    I. Mountain reserves, comprising forests reserved for the
    protection of springs, streams, and rivers, or for other
    climatic reasons, irrespective of altitude. In forests
    of this class timber shall be felled by special selection
    only, and not more than one-sixth of the area of a
    reserve shall be felled in any one season.
    II. Forest reserves, including plantations. Felling shall

be by periodic selection, or by rotation of area, at the
discretion of the Chief Conservator.
III. Timber reserves, made for preserving the timber until
it can be profitably converted. When cleared, they
shall be considered waste lands of the Crown, unless
specially proclaimed under Class II.

TIMBER REGULATIONS.

  1. Applications for licenses to cut timber in any State
    forest shall be made at the office of the Crown Lands Com-
    missioner of the district in which the forest is situate.

  2. Each application shall be made in the form prescribed
    for that purpose, and shall be accompanied by a sketch-plan
    showing the position and extent of the area selected; and
    the applicant shall deposit the amount of survey fees, which
    shall be forfeited if the application is abandoned.

  3. As far as possible the area applied for shall be in a
    rectangular form, the proportion of length to breadth being,
    as near as may be, 3 to 1, except in cases where the area is
    defined by the divisional boundaries of a forest-section.

  4. Upon the application being granted by the Commis-
    sioner of Crown Lands, the applicant shall pay the prescribed
    fees or deposit to the Receiver of Land Revenue, and shall
    obtain his license.

  5. No trees shall be felled until they have been branded
    by an officer of the Forests Department, except in timber
    reserves and in forest reserves undergoing replacement, when
    the Chief Conservator shall have power to suspend the opera-
    tion of this regulation at his discretion.

  6. The official brand shall consist of the letters S.F.,
    branded on a space exposed by the removal of a chip near
    the base of the tree.

  7. All trees shall be felled above the official brand.

  8. As soon as practicable after payment as provided by
    Regulation 19, the Commissioner of Crown Lands shall
    cause the necessary survey and valuation to be made, and
    the boundary-lines cut. The survey to be conducted in
    accordance with such survey regulations as the Surveyor-
    General may prescribe.

  9. In the event of any dispute respecting the correctness
    of the valuation, the decision of the Chief Conservator, or of
    some officer specially appointed by him, shall be final.

  10. Any licensee cutting timber outside his boundary-line
    shall pay the value of the timber, and shall be liable to a
    penalty not exceeding £5 for each tree, at the discretion of
    the Justice or Justices before whom the case may be brought;
    but the payment of such penalty shall not prevent the re-
    covery of the amount of any damage which may be done by
    his act.

  11. Every licensee shall point out the extent of his cutting
    when required so to do by any officer appointed under the
    authority of the State Forests Act.

  12. The Chief Conservator of State Forests shall, have
    power to reserve trees required for special purposes on any
    area for which a license may be granted; such trees to be
    branded with the letters S.F.R.

  13. All trees shall be felled and removed from the forest in
    such a way as to cause the least possible amount of injury
    to the young growth. Should needless damage be caused, it
    shall be valued by the Conservator of State Forests, or by
    some officer to be appointed by him, and the amount paid
    by the licensee, together with any special costs that may be
    incurred. All trees shall be felled inwards.

  14. All lop, top, and bark shall be the property of the
    licensee, and shall be removed by him within sixty days after
    felling; but he shall be entitled to claim the use of a site
    for the manufacture of charcoal, potash, tar, pitch, wood
    vinegar, or other secondary products, subject only to such
    restrictions as the Forester may deem necessary in order to
    prevent injury from fire. The Chief Conservator shall have
    power to suspend the first part of this regulation in Timber
    reserves and in Forest reserves undergoing replacement; but
    no licensee shall be entitled to plead such suspension until
    it shall have been notified to him by the Chief Conservator
    in writing.

SAW-MILL LICENSES.

  1. The area of a saw-mill license shall not exceed 200
    acres, but the holder may claim to have three additional
    areas adjoining the first reserved for his exclusive use for a
    period not exceeding two years for each 100 acres from the
    date of appropriation: Provided that he shall not be allowed
    to fell timber on any portion until he has complied with the
    terms of payment.

  2. Royalty on timber shall be paid at the rates specified
    in the classified scale: On blocks not exceeding 100 acres, in
    cash; on blocks of between 100 and 200 acres, one half the
    total sum in cash, and the remainder by approved bills at
    not exceeding six months from the date of the valuation,
    or the purchaser may pay the entire amount in cash, when
    he shall be entitled to a rebate or discount of 5 per cent. on
    the amount of the second moiety; but no lessee shall be
    required to pay for more than one section of 200 acres at any
    one time, and, in the case of kauri, of not more than 100 acres.



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1886, No 45





✨ LLM interpretation of page content

🌾 Regulations under the New Zealand State Forests Act, 1885 (continued from previous page)

🌾 Primary Industries & Resources
1 September 1886
State Forests, Regulations, Timber Cutting, Branding, Fire Prevention, Penalties, Licensing, Survey, Valuation, Saw-Mills