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Operating requirements for log traders and forestry advisers

Updates

7 September 2023

The summary of submissions from the consultation is now available.

Submission summary and analysis report for operating requirements for log traders and forestry advisers [PDF, 460 KB]

6 July 2023

Final policy decisions have been made for all operating requirements consulted on.

Continuing professional development and industry agreements

On 3 April 2023, Cabinet made final policy decisions on regulations for operating requirements for registered log traders and forestry advisers, under the Forests Act 1949 (Act). Regulations will make it an obligation for registered forestry advisers to undertake continuing professional development (CPD). CPD requirements will come into effect on 1 July 2024.

Cabinet also decided not to identify any applicable industry agreement in regulations, at this stage. Identifying applicable industry agreements, to make them legally binding, is not necessary or desirable for the purpose of Part 2A of the Act.

Summary of Cabinet decisions on operating requirements for registered log traders and forestry advisers [PDF, 119 KB]

Final policy decisions on operating requirements for registration of log traders and forestry advisers – Cabinet paper [PDF, 173 KB]

Regulatory Impact Statement: Continuing Professional Development for Registered Forestry Advisers [PDF, 1.1 MB]

Forests (Regulation of Log Traders and Forestry Advisers) Amendment Regulations 2023 (SL 2023/170) – NZ Legislation

Practice standards

We have decided legally binding rules for practice standards are not required to contribute to the development, and improve the long-term sustainability, of the forestry and wood-processing sector at this time.

Existing industry guides and standards will be relied upon to set expectations of practice by log traders and forestry advisers. It is reasonable for a log trader or forestry adviser to follow industry standards and guides unless there is a good reason not to.

This decision acknowledges the extensive work of the industry to create best practice guides, and to update practice when knowledge evolves (for example, in response to changing climate patterns).

Exemptions

Registration is not needed if there is an exemption for the class of log trader activities or forestry adviser services someone provides. Policy decisions have been made that create some classes of exemptions, outlined below.

Log traders and forestry advisers: Final policy decisions to make exemptions from registration requirements [PDF, 156 KB]

Consultation background

Te Uru Rākau – New Zealand Forest Service sought your feedback on proposed continuing professional development requirements for registered forestry advisers, and exemptions, practice standards, and identified industry agreements for registered log traders and forestry advisers.

Consultation opened on 26 January and ended at 5pm on 23 February 2023.

Consultation document

Operating requirements for log traders and forestry advisers [PDF, 1.3 MB]

Background information

In August 2020, the Forests (Regulation of Log Traders and Forestry Advisers) Amendment Act 2020 came into effect. When it commenced on 6 August 2022, it established the Forestry Authority and registration system for log traders and forestry advisers in the Forests Act 1949 (the Act).  

It will become an offence to operate without registration on 7 August 2023, and penalties under the Act will apply.

Under the Act, various requirements can be made for how registered log traders and forestry advisers must carry out their business. We asked for your feedback on the proposed requirements in these areas:

  • continuing professional development
  • exemptions
  • practice standards
  • industry agreements.

Continuing professional development (CPD)

CPD is an ongoing requirement to undertake professional and technical training once registered. We are interested in your view on whether a CPD requirement should be set, as well as your view on all elements of a potential CPD requirement.

Exemptions

Exemptions can be made that mean that either a person does not need to register, or may not need to meet registration requirements for a particular service or activity.

We are interested in your view on the inclusion of specific exemptions and your view on any other exemptions that may be appropriate.

Practice standards

Practice standards are rules that define the practice expectations for registered log traders and forestry advisers. We are interested in your view on the possible practice standards for log traders and forestry advisers.

Industry agreements

Industry agreements may be identified as applicable industry agreements. Registered log traders and forestry advisers must comply with an applicable industry agreement that they have entered into, or an organisation they belong to has entered into. We are interested in your view on the inclusion of any industry agreements.

Submissions are public information

Note that all, part, or a summary of your submission may be published on this website. Most often this happens when we issue a document that reviews the submissions received.

People can also ask for copies of submissions under the Official Information Act 1982 (OIA). The OIA says we must make the content of submissions available unless we have good reason for withholding it. Those reasons are detailed in sections 6 and 9 of the OIA.

If you think there are grounds to withhold specific information from publication, make this clear in your submission or contact us. Reasons may include that it discloses commercially sensitive or personal information. However, any decision MPI makes to withhold details can be reviewed by the Ombudsman, who may direct us to release it.

Official Information Act 1982 – NZ Legislation