New Zealand Legislation: Acts
Acts are laws made by Parliament
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as at 18 November 2010
| Public Act | 1908 No 194 |
| Date of assent | 4 August 1908 |
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.
A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.
3 Department established [Repealed]
4 Expenses of administering Act
5 Reserves in Schedule 2 to be administered under Act
6 Reserves may be brought under Act
7 Money received to be paid into Public Account
8 Provisions of Reserves and Domains Act applied
9 Minister may grant use of reserve for sports, and regulate games, etc.
Schedule 1
Enactments consolidated
[Repealed]
An Act to consolidate certain enactments of the General Assembly relating to the administration and control of tourist and health resorts and reserves
(1) The Short Title of this Act is the Tourist and Health Resorts Control Act 1908.
(2) This Act is a consolidation of the enactments mentioned in Schedule 1 hereto, and with respect to those enactments the following provisions shall apply:
(a) All regulations, rules, bylaws, Orders in Council, orders, licences, leases, records, instruments, and generally all acts of authority which originated under those enactments, and are subsisting or in force on the coming into operation of this Act, shall enure for the purposes of this Act as fully and effectually as if they had originated under the corresponding provisions of this Act, and accordingly shall, where necessary, be deemed to have so originated:
(b) All matters and proceedings commenced under those enactments, and pending or in progress on the coming into operation of this Act, may be continued, completed, and enforced under this Act.
In this Act, if not inconsistent with the context,—
Minister means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act
Minister: in the original definition the words “Minister of Tourism”
were substituted, as from 15 February 1967, for the words “Minister in Charge of Tourism”
by section 2(3) Tourist and Publicity Department Amendment Act 1967 (1967 No 24).
Minister: this definition was substituted, as from 1 November 1991, by section 18(2) New Zealand Tourism Board Act 1991 (1991 No 110).
Reserve includes domain
Secretary means the chief executive of the department of State that, with the authority of the Prime Minister, is for the time being responsible for the administration of this Act.
Secretary: this definition was inserted, as from 1 November 1991, by section 18(2) New Zealand Tourism Board Act 1991 (1991 No 110).
Compare: 1906 No 55 s 2
[Repealed]
Section 3 was repealed by section 15(1) of the Tourist and Publicity Department Act 1963.
The expenses incident to the administration of this Act shall be defrayed out of sums to be from time to time appropriated by Parliament for that purpose.
Compare: 1906 No 55 s 4
The control of any of the reserves generally described in Schedule 2 hereto, or of any reserve brought under this Act, may from time to time, by Order in Council gazetted, be vested in the Minister, and shall be administered under this Act.
Compare: 1906 No 55 s 5
The Governor-General may from time to time, by Order in Council gazetted, bring under this Act any reserve now or at any time hereafter made or administered under the Reserves Act 1977, the Thermal Springs Districts Act 1908, the Forests Act 1949, the Land Act 1948, or the Queenstown Reserves Act 1905, notwithstanding anything to the contrary in those Acts, and such reserve shall thereafter be administered under this Act:
Provided that no such Order in Council shall affect any reserve vested in any local authority, Harbour Board, or Domain Board without its consent.
Compare: 1906 No 55 s 6
The Reserves Act 1977, being the corresponding enactment in force, has been substituted for the repealed Public Reserves and Domains Act 1908 and the repealed Scenery Preservation Act 1908.
The Thermal Springs Districts Act 1908 has been repealed, as has its replacement, the Thermal Springs Districts Act 1910, but no enactment corresponding to the relevant portions thereof is currently in force.
The Forests Act 1949 and the Land Act 1948, being the corresponding enactments in force, have been substituted for the repealed State Forests Act 1908 and the repealed Land Act 1908.
All money received in respect of reserves brought under the provisions of this Act shall be paid into the Public Account and form part of the Consolidated Account.
Compare: 1906 No 55 s 7
The reference to the Consolidated Account was substituted for a reference to the Consolidated Revenue Account (as substituted by section 4(4) of the Public Revenues Amendment Act 1963 for a reference to the Consolidated Fund) by section 114(6) Public Finance Act 1977.
The provisions of sections 27, 51, 53, 83, 84, 91, and 94 of the Reserves and Domains Act 1953 shall, mutatis mutandis, extend and apply to all reserves administered under this Act:
Provided that all references therein to the Commissioner of Crown Lands shall be deemed to be references to the Secretary.
Compare: 1906 No 55 s 8
The proviso to section 8 was amended, as from 1 November 1991, by section 18(2) New Zealand Tourism Board Act 1991 (1991 No 110) by substituting the word “Secretary”
for the words “General Manager of the Tourist and Publicity Department”
. The reference to the General Manager of the Tourist and Publicity Department was substituted for a reference to the General Manager of Tourist and Health Resorts by section 15(3) Tourist and Publicity Department Act 1963.
The Minister may from time to time—
(a) Grant the exclusive use of any such reserve, or any part thereof, on any days not exceeding 10 in any year, but not for more than 3 days consecutively at any time, to any person, body, or society (corporate or not) for the purpose of particular sports, games, or other recreation, with authority for such person, body, or society to demand a fee or charge for admission on such day or days to the reserve or part thereof so granted, but not in any case exceeding for each day 10 cents for each person, with an extra 10 cents for every horse or vehicle which he may desire to take with him, unless such person desires to obtain admission to the stand hereinafter mentioned, in which case an additional fee or charge not exceeding $1 may be imposed prior to his obtaining admission to such stand:
(b) Erect, or authorise any person, body, or society (corporate or not) to erect, upon some portion of the reserve buildings for ornamental purposes, or a stand or pavilion, upon such terms as to plans, size, situation, custody, and otherwise in all respects as the Minister determines; and may appoint the mode and price of admission to any such stand or pavilion on any of the days hereinbefore mentioned:
(c) Prescribe the games which shall be permitted to be played in the reserve or any part thereof, and regulate the use of the reserve for such games; and may prohibit the playing of any games at times when the reserve would be thereby damaged, and prohibit altogether the playing of any particular game therein:
(d) Make regulations for the proper administration of any such reserve:
(e) Grant to any person, body, or society to whom such exclusive use may have been granted, during the days on which a charge of admission to such reserve may lawfully be made, the right to exclude, remove from, and summarily eject from such reserve any person or class of persons whom such controlling person, body, or society in its absolute discretion thinks undesirable:
(f) Notwithstanding section 184(2)(n) of the Land Act 1948, fix fees and charges for all or any of the following matters:
(i) The use of any bath on any reserve administered under this Act:
(ii) The playing of any game on any such reserve:
(iii) Board and accommodation provided at any hostel on any such reserve:
(iv) Admission of persons and vehicles to any such reserve:
(v) The services of guides and the use of any equipment supplied by the Minister for use by visitors to any such reserve:
(vi) The hire of launches under the control of the Minister.
Compare: 1906 No 55 s 9
In paragraph (a) the sums of 10 cents and $l were substituted for 1 shilling and 10 shillings by section 7 Decimal Currency Act 1964.
Para (f) was inserted, as from 23 December 1977, by section 2(1) Tourist and Health Resorts Control Amendment Act 1977 (1977 No 177).
All fines under this Act may be recovered in a summary manner, and shall be paid into the Public Account and form part of the Consolidated Account.
Compare: 1906 No 55 s 10
The reference to the Consolidated Account was substituted for a reference to the Consolidated Revenue Account (as substituted by section 4(4) of the Public Revenues Amendment Act 1963 for a reference to the Consolidated Fund) by section 114(6) of the Public Finance Act 1977.
Schedule 1 | Section 1(2) |
[Repealed]
Shedule 1 was repealed by section 15(1) of the Tourist and Publicity Department Act 1963.
Schedule 2 |
| Little Barrier Island. | Arikikapakapa Reserve, Rotorua. |
| Forest Reserve, Waikaremoana. | |
| Te Aroha Hot Springs Domain. | Nuhaka Thermal Springs Reserve. |
| Sanatorium Reserve, Rotorua. | Hanmer Thermal Springs Reserve. |
| Pukeroa Domain, Rotorua. | |
| Kuirua Domain, Rotorua. | Aorangi Domain. |
| Medical Officer's Reserve, Rotorua. | Te Ana Domain. |
Schedule 2: amended, on 18 November 2010, by section 108(3) of the Affiliate Te Arawa Iwi and Hapu Claims Settlement Act 2008 (2008 No 98).
The words “Piha Domain”
were omitted by section 13(10) Reserves and Other Lands Disposal and Public Bodies Empowering Act 1916.
The words “Pukaki Domain”
were omitted by section 17(3) Reserves and Other Lands Disposal Act 1963.
The words “Resolution Island”
were omitted by section 62(2) National Parks Act 1952.
1General
2About this eprint
3List of amendments incorporated in this eprint (most recent first)
This is an eprint of the Tourist and Health Resorts Control Act 1908. The eprint incorporates all the amendments to the Act as at 18 November 2010. The list of amendments at the end of these notes specifies all the amendments incorporated into this eprint since 3 September 2007.
Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the eprint are also included, after the principal enactment, in chronological order.
This eprint has not been officialised. For more information about eprints and officialisation, please see http://www.pco.parliament.govt.nz/eprints/ 
.
Affiliate Te Arawa Iwi and Hapu Claims Settlement Act 2008 (2008 No 98): section 108(3)
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