Forest Regulations




Mar. 22.] THE NEW ZEALAND GAZETTE. 603

spect to forests ; but nothing herein shall otherwise limit the power of such officers under any of the provisions of “ The Land Act, 1892,” in respect to Crown lands.

  1. Applications for any sawmill license or privilege in a forest must be made in writing to the Land Board for the district within which such forest is situated, and shall be lodged at the office of the Commissioner of Crown Lands.

  2. Every application for a license or grant of a privilege in a forest shall be in the form or to the effect set forth in the Form No. 1 appended to these regulations.

  3. When an application for a license to cut timber or for any privilege or concession in any forest is made the Land Board may at its discretion grant such license or privilege, subject to approval by the Minister of Lands.

  4. Every application shall be made on the form prescribed for that purpose, and shall be accompanied by a sketch showing the position and extent of the area selected, and shall state the particular purpose for which the license is required ; and the applicant shall, where required by the Board, deposit such amount of survey-fees as it shall consider necessary, which sum shall be forfeited if the application be abandoned or not proceeded with by the applicant for the space of one month after he has received notice of completion of survey, or that his application has been granted.

  5. Where it is necessary to grant to any licensee or other person authorised to cut and remove timber, bark, or wood for fuel from any forest any right or rights of way through any part of the same, the Land Board of the district may grant such right or rights, and may impose such conditions in each case as may be deemed necessary, subject to approval by the Minister of Lands. But no such right shall exist for any period beyond the term specified in the license or authority.

  6. All timber and other produce within any forest may be disposed of, either by auction at per 100 ft., or by appraisement, or license to fell, upon such terms as the Land Board shall prescribe ; and all moneys which shall be payable for such timber or other produce shall be paid, in such manner as the Commissioner of Crown Lands shall direct, to the Receiver of Land Revenue, to be placed by him to the credit of the Land Fund.

  7. Any person lighting any fire within or outside a forest, and intentionally or negligently allowing the same to spread in or into such forest, shall be guilty of an offence, and shall upon conviction be liable to a penalty not exceeding £50 for each offence ; but the payment of any such penalty shall not prevent the recovery from the wrongdoer of the value of any damage which may be done by such fire ; and provided also that nothing herein, or in regulation No. 9 hereunder, shall prevent the offender being indicted under “ The Criminal Code Act, 1893,” for an offence or crime thereunder, or otherwise.

  8. Any person who shall permit any fire lighted by him outside the boundaries of any such forest to spread into or cause injuries to such forest shall be guilty of an offence, and shall upon conviction be liable to a penalty not exceeding £50 for each such offence ; 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, nor prevent his being indicted for an offence or crime under “ The Criminal Code Act, 1893,” or otherwise.

  9. Any Crown Lands Ranger, or person authorised for that purpose by the Land Board, may drive any animal trespassing in any forest to the nearest public pound, and the same shall not be released therefrom except upon payment of the usual driving-fees and poundage-charges. Nothing in this regulation contained shall be deemed to limit or prevent the taking of any proceedings for the recovery of any penalty or otherwise in respect of the trespass of such animal.

  10. Any person who shall suffer or allow any animal to wander in any forest, or browse upon or otherwise destroy any timber, tree, shrub, or vegetable growth in such forest, shall upon conviction be liable to a penalty not exceeding £20 ; and the payment of such penalty shall not prevent the recovery from any wrongdoer of the value of any damage which may be done by such animal.

  11. Any person who shall trespass in any forest shall be guilty of an offence, and on conviction thereof shall be liable to a penalty not exceeding £50. Any person, whether a licensee or not, who may be found trespassing in any forest during the months of November, December, January, February, and March in the North Island, and during the months of December, January, and February, in the Land Districts of Nelson, Marlborough, Westland, Canterbury, and Otago, and during the months of January, and February in the Southland Land District and Stewart Island, or who shall do any act whereby there is a danger of the forest being destroyed by fire, shall be guilty of an offence, and shall upon conviction be liable to a penalty not exceeding £50 ; but nothing herein shall restrict the holder of any sawmill license in felling and removing timber

within the area granted to him, during any such period, if not prohibited therefrom by the terms of his license.

  1. No person shall, without the written permission of the Commissioner of Crown Lands, carry or use any gun or firearm, or use any engine, net, instrument, or other device, or use any dog, for the capture or destruction of any bird or animal of any kind or species, or take the eggs or young of any bird in any forest. Any person acting contrary to this regulation shall upon conviction be liable to a penalty not exceeding £50 ; and any Crown Lands Ranger may seize any gun, firearm, net, engine, instrument, or device found in the unlawful possession of any person so trespassing in any forest, and any dogs found in the forest may be destroyed by such Ranger.

  2. Whenever the Land Board in any case shall deem it advisable to use an official brand, this shall consist of the device F branded on a space exposed by the removal of a chip near the base of the tree.

  3. All trees when branded shall be felled above the official brand.

  4. When required by the Commissioner of Crown Lands, any person holding a license to fell timber shall use a brand, and shall register the same in the office of the Land Board for the district ; and no two persons shall use the same brand.

  5. 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 of such timber, shall be guilty of an offence, and shall upon conviction be liable to a penalty not exceeding £50 for each offence.

  6. In the event of any dispute arising as to the correctness of any valuation of timber, or as to the correctness of any statement of timber cut, where royalty or other payment has to be made by a licensee, the decision of the Commissioner of Crown Lands shall be final ; and in the case of any dispute as to the quantity of timber cut the decision of the Commissioner of Crown Lands as to the amount to be paid shall be forthwith complied with, subject, however, to the right of the licensee to proceed in any Court of competent jurisdiction for the refund of any sum alleged to be overpaid.

  7. Every licensee shall point out the extent of his cutting when required so to do by any Crown Lands Ranger.

  8. The Land Board shall have power to reserve trees required for special purposes on any area for which a license may be granted ; such trees must be branded with the letters F.R., and when so branded they shall not be cut by the licensee.

  9. The Land Board may cause to be seized all timber, wherever found, which it may have reason to believe has been cut in a forest by an unlicensed person ; but in case a right to such timber shall be asserted within fourteen days after the notice hereafter mentioned, and such right shall be established to the satisfaction of such Board, such timber shall be restored to the claimant.

  10. All timber when seized shall be marked with a forest brand, F, and, after due notice of the seizure thereof in writing (to be posted up in the Land Office and at the police-station in the district where such seizure was made) shall, in case the claimant shall not appear and establish his claim within fourteen days therefrom, be sold in such manner and subject to such conditions as the Land Board may direct. In all cases where the address of the reputed owner of such timber is known to the Commissioner of Crown Lands he shall cause notice of seizure to be served upon such owner by means of the post or otherwise, but the non-receipt of such notice by the reputed owner shall not invalidate the sale.

  11. All timber cut under a license must be removed during the currency of the license, unless an extension of time be granted by the Board ; otherwise such timber may be declared forfeited, seized, and sold by the Commissioner of Crown Lands on behalf of the Crown.

  12. The proceeds of the sale of timber so seized are to be accounted for and paid to the Public Account to the credit of the Land Fund.

  13. The right to take, lay off, and use roads and tramways within the area comprised in every license issued under the said Act and these regulations is reserved to the Crown ; and the Land Board may authorise the taking, laying-off, and using of any such roads and tramways by any local body or by the holder of any other sawmill or timber license other than the holder of the license over the land upon which such roads or tramways may be authorised, and such last-named holder shall not fell timber upon or in any way obstruct the same ; but such authority shall not entitle such local body or other licensee to remove any timber from such land, or confer any rights other than is herein provided.

  14. If, for the purpose of removing timber, any licensee-holder shall have lawfully made a tramway or road through any forest, not being a highway, it shall not be lawful for



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1900, No 23





✨ LLM interpretation of page content

🗺️ Revocation of 1897 forest regulations and new regulations under Land Act 1892 (continued from previous page)

🗺️ Lands, Settlement & Survey
15 January 1900
Land Act 1892, Forest Protection, Crown Lands, Licensing, Fire Prevention, Governor's Proclamation