Figure: Part 1 of Schedule 12 - Controls by the Minister of Conservation

Textual description of figure

The figure shows part of the process by which the Minister of Conservation approves controls on a recognised customary activity (RCA).

The figure assumes a party has applied for a Customary Rights Order (CRO), which has been granted, and any appeals disposed of.

Subsequent to the granting of a CRO the Minister of Conservation (MOC) has the power to impose controls (including terms, standards, and restrictions) on a recognised customary activity if he or she considers that: the RCA has or will have a significant adverse effect; and the control/s will not prevent the activity; and the control/s is reasonable and not unduly restrictive; and the control/s are necessary to avoid, remedy or mitigate any significant adverse effects of the activity on the environment.

To determine the likely adverse effects of an RCA, an Adverse Effects Report (AER) may be commissioned by either the Regional Council (RC) or the MOC. The MOC may require the RC to prepare an AER (see text in Part II for full details of RC involvement in the preparation of an AER).

If the MOC carries out the AER, the MOC must notify their decision to do so with both the RC and the holder of the relevant CRO within 5 working days.

This figure is continued in Figure 2.