New Zealand Legislation: Acts
Acts are laws made by Parliament
(1) In this Act, unless the context otherwise requires,—
Activity includes a trade, business, or occupation
Activity: this definition was inserted, as from 1 July 1996, by section 2(1) Reserves Amendment Act 1996 (1996 No 3).
Administering body, in relation to any reserve, means the Board, Trustees, local authority, society, association, voluntary organisation, or person or body of persons, whether incorporated or not, appointed under this Act or any corresponding former Act to control and manage that reserve or in which or in whom that reserve is vested under this Act or under any other Act or any corresponding former Act; and includes any Minister of the Crown (other than the Minister of Conservation) so appointed
Administering body: this definition was amended, as from 1 April 1987, by section 65(1) Conservation Act 1987 (1987 No 65) by substituting the word “Conservation”
for the word “Lands”
.
Animal means any mammal, bird, reptile, amphibian, fish (including shellfish) or related organism, insect, crustacean, or organism of every kind; but does not include a human being
Antiquity
[Repealed]
Antiquity: this definition was repealed, as from 1 November 2006, by section 35 Protected Objects Amendment Act 2006 (2006 No 37).
Authority means the New Zealand Conservation Authority established under section 6A of the Conservation Act 1987
Authority: this definition was inserted, as from 10 April 1990, by section 91 Conservation Law Reform Act 1990 (1990 No 31).
Board means any Reserves Board, Trust, Trust Board, or other special Board appointed under this Act or any corresponding former Act
Boat means every description of vessel (including barges, rafts, lighters, and like vessels) used in navigation, however propelled
Certified aerodrome means an aerodrome licensed under the Civil Aviation Regulations 1953 or certificated under rules made under the Civil Aviation Act 1990
Certified aerodrome: this definition was inserted, as from 1 July 1996, by section 2(2) Reserves Amendment Act 1996 (1996 No 3).
Commissioner, in relation to any reserve, means an officer designated by the Director-General for the purposes of this Act
Commissioner: this definition was substituted, as from 1 April 1987, by section 65(1) Conservation Act 1987 (1987 No 65).
Concession or concession document—
(a) Means—
(i) A lease; or
(ii) A licence; or
(iii) A permit; or
(iv) An easement—
granted under section 59A of this Act; and
(b) Includes any activity authorised by the concession document:
Concession or Concession document: this definition was inserted, as from 1 July 1996, by section 2(3) Reserves Amendment Act 1996 (1996 No 3).
Concessionaire means a person who is—
(a) A lessee; or
(b) A licensee; or
(c) A permit holder; or
(d) The grantee of an easement—
under section 59A of this Act
Concessionaire: this definition was inserted, as from 1 July 1996, by section 2(3) Reserves Amendment Act 1996 (1996 No 3).
Conservation Board means a Conservation Board established under section 6L of the Conservation Act 1987
Conservation Board: this definition was inserted, as from 10 April 1990, by section 91 Conservation Law Reform Act 1990 (1990 No 31).
Conservation management plan means a conservation management plan approved under section 40B of this Act
Conservation management plan: this definition was inserted, as from 10 April 1990, by section 91 Conservation Law Reform Act 1990 (1990 No 31).
Conservation management strategy means a conservation management strategy approved under section 17F of the Conservation Act 1987
Conservation management strategy: this definition was inserted, as from 10 April 1990, by section 91 Conservation Law Reform Act 1990 (1990 No 31).
Crown land has the same meaning as in the Land Act 1948
Crown lease means any lease or licence granted under the Land Act 1948 or under any former Land Act; and lessee, in relation to any Crown land, has a corresponding meaning
Department means the Department of Conservation
Department: this definition was amended, as from 1 April 1987, by section 65(1) Conservation Act 1987 (1987 No 65) by substituting the word “Conservation”
for the words “Lands and Survey”
.
Director-General means the Director-General of Conservation
Director-General: this definition was substituted, as from 1 April 1987, by section 65(1) Conservation Act 1987 (1987 No 65).
Fauna means animals of any kind
Flora means plants of any kind
Foreshore means all land lying between the high-water mark of the sea at ordinary spring tides and its low-water mark at ordinary spring tides
Land Settlement Board means the Land Settlement Board established by the Land Act 1948
Lease, in relation to a reserve vested in the Crown,—
(a) Means—
(i) A grant of an interest in land that—
(A) Gives exclusive possession of the land; and
(B) Makes provision for any activity on the land that the lessee is permitted to carry out:
(ii) Any document purporting to be a lease (whether or not the document gives the lessee exclusive possession of the land concerned) and issued under any enactment passed before the commencement of section 2 of the Reserves Amendment Act 1996:
(iii) Any document purporting to be a lease (whether or not the document gives the lessee exclusive possession of the land concerned) and issued under this Act before the commencement of the said section 2; but
(b) Does not include a licence referred to in paragraph (b)(ii) of the definition of the term licence;—
and lessee has a corresponding meaning
Lease: this definition was inserted, as from 1 July 1996, by section 2(4) Reserves Amendment Act 1996 (1996 No 3).
Licence, in relation to a reserve vested in the Crown,—
(a) Means—
(i) A profit a prendre or any other grant that gives a non-exclusive interest in land; or
(ii) A grant that makes provision for any activity on the land that the licensee is permitted to carry out; and
(b) Includes—
(i) Any document purporting to be a licence (whether or not the licence gives an interest, or makes any provision, referred to in paragraph (a) of this definition) and issued under any enactment relating to reserves that was passed before the commencement of section 2 of the Reserves Amendment Act 1996; and
(ii) Any document purporting to be a licence and purporting to grant an exclusive interest in land, and issued under this Act before the date of commencement of the said section 2 or issued under any other enactment relating to reserves that was passed before that date; and
and licensee has a corresponding meaning
Licence: this definition was inserted, as from 1 July 1996, by section 2(4) Reserves Amendment Act 1996 (1996 No 3).
local authority means—
(a) a territorial authority, a regional council, a river board, a drainage board, and a regional water board; and
(b) includes any other public body declared by any other enactment to be a local authority for the purposes of this Act or any corresponding former Act; and
(c) includes such other public bodies or classes of public bodies as are from time to time declared by the Minister, by notice in the Gazette, to be local authorities for the purposes of this Act; and
(d) where necessary, includes the corporation of the district governed by any body that is a local authority for the purposes of this Act by virtue of paragraph (a) or paragraph (b) or paragraph (c)
Local authority: this definition was amended, as from 1 January 2001, by section 111(1) New Zealand Public Health and Disability Act 2000 (2000 No 91) by omitting the words “a Hospital Board”
. The comma following these words has been omitted without statutory authority.
local authority: this definition was substituted, as from 1 July 2003, by section 262 Local Government Act 2002 (2002 No 84). See sections 273 to 314 of that Act as to the savings and transitional provisions.
Manawhenua means customary authority exercised by an iwi or hapu or individual in an identified area
Manawhenua: this definition was inserted, as from 24 March 1993, by section 2 Reserves Amendment Act 1993 (1993 No 8).
Maori and Maori land have the same meanings as in Te Ture Whenua Maori Act 1993
Maori and Maori land: The reference to Te Ture Whenua Maori Act 1993 has been substituted for a reference to the Maori Affairs Act 1953.
Maori reservation means a Maori reservation constituted under section 338 of Te Ture Whenua Maori Act 1993 or the corresponding provisions of any former Act
Maori reservation: The reference to section 338 of Te Ture Whenua Maori Act 1993 has been substituted for a reference to section 439 of the Maori Affairs Act 1953.
Minister means the Minister of Conservation
Minister: this definition was amended, as from 1 April 1987, by section 65(1) Conservation Act 1987 (1987 No 65) by substituting the word “Conservation”
for the word “Lands”
.
National Parks and Reserves Authority
[Repealed]
National Parks and Reserves Authority: this definition was substituted, as from 1 April 1981, by section 80(1) National Parks Act 1980 (1980 No 66)
National Parks and Reserves Authority and Nature Conservation Council: these definitions were repealed, as from 10 April 1990, by section 91 Conservation Law Reform Act 1990 (1990 No 31), and replaced by definitions for Authority, Conservation Board, Conservation management plan, and Conservation management strategy.
New Zealand Historic Places Trust means the New Zealand Historic Places Trust established by the Historic Places Act 1993
New Zealand Historic Places Trust: the reference to the Historic Places Act 1993 has been substituted for a reference to the Historic Places Act 1954, which was consolidated by the Historic Places Act 1980. The 1980 Act was consolidated, as from 1 July 1993, by section 118(1) Historic Places Act 1993 (1993 No 38).
Nga Whenua Rahui kawenata means an agreement entered into under section 77A of this Act
Nga Whenua Rahui kawenata: this definition was inserted, as from 24 March 1993, by section 2 Reserves Amendment Act 1993 (1993 No 8).
Owner, in relation to any land, means the person who is the owner of an estate in fee simple in the land; and, in relation to Crown land that is subject to a lease or licence, means the lessee or licensee
Permit, in relation to section 59A of this Act,—
(a) Means a grant of rights to carry out an activity that does not require an interest in land; and
(b) Includes any authorisation or licence granted before the commencement of this definition that granted similar rights;—
and permit holder has a corresponding meaning
Permit: this definition was inserted, as from 1 July 1996, by section 2(5) Reserves Amendment Act 1996 (1996 No 3).
Plant means any angiosperm, gymnosperm, fern, or fern ally; and includes any moss, liverwort, algae, fungus, or related organism
Private land means any land which is for the time being held in fee simple by any person other than Her Majesty; and includes any Maori land
protected New Zealand object has the same meaning as in the Protected Objects Act 1975
protected New Zealand object: this definition was inserted, as from 1 November 2006, by section 35 Protected Objects Amendment Act 2006 (2006 No 37).
Racecourse reserve means a recreation reserve within the meaning of this Act set apart for racecourse purposes; and includes any reserve within the meaning of this Act set apart as a racecourse reserve under any former Act
Racing includes trotting
Racing club includes a jockey club, trotting club, hunt club, and polo club
Ranger means any person appointed or deemed to be appointed under section 8 of this Act as a ranger for the purposes of this Act
Ranger: this definition was inserted, as from 27 December 1983, by section 2 Reserves Amendment Act 1983 (1983 No 43).
regional council means a regional council within the meaning of the Local Government Act 2002
regional council: this definition was inserted, as from 1 July 2003, by section 262 Local Government Act 2002 (2002 No 84). See sections 273 to 314 of that Act as to the savings and transitional provisions.
Reserve or public reserve, except as hereinafter provided in this definition, means any land set apart for any public purpose; and includes—
(a) Any land which immediately before the commencement of this Act was a public reserve within the meaning of the Reserves and Domains Act 1953:
(b) Any land vested in the Crown which after the commencement of this Act is reserved or set apart under Part 12 of the Land Act 1948 or other lawful authority as a reserve, or alienated from the Crown for the purpose of a reserve:
(c) Any land which after the commencement of this Act is vested in the Crown by or under the authority of any Act as a reserve:
(d) Any land which after the commencement of this Act is taken, purchased, or otherwise acquired in any manner whatever by the Crown as a reserve or in trust for any particular purpose:
(e) Any land acquired after the commencement of this Act in any manner by an administering body as a reserve within the meaning of this Act, and any land vested in any local authority which, not theretofore being a public reserve, is by resolution of the local authority pursuant to section 14 of this Act declared to be set apart as a reserve:
(f) Any private land set apart as a reserve in accordance with the provisions of any Act:
(g) Any land which immediately before the commencement of this Act was a domain or public domain within the meaning of the Reserves and Domains Act 1953:
(h) Any land, other than a National Park within the meaning of the National Parks Act 1980, administered under the Tourist and Health Resorts Control Act 1908:
(i) Any land taken or otherwise acquired or set apart by the Crown under the Public Works Act 1981 or any corresponding former Act, whether before or after the commencement of this Act, for the purposes of a reserve, a recreation ground, a pleasure ground, an agricultural showground, or a tourist and health resort:
but does not include—
(j) Any land taken or otherwise acquired or set apart under the Public Works Act 1981 or any corresponding former Act, whether before or after the commencement of this Act, for any purpose not specified in paragraph (i) of this definition:
(k) Any land to which section 167(4) of the Land Act 1948 applies:
(l) Any land taken, purchased, or otherwise in any manner acquired, whether before or after the commencement of this Act, by a local authority, unless the land is acquired subject to a trust or a condition that it shall be held by the local authority as a reserve:
(m) Any Maori reservation:
Reserve or public reserve: in paragraph (h), the reference to the “National Parks Act 1980”
has been substituted for a reference to the “National Parks Act 1952”
which was consolidated by section 80(2) National Parks Act 1980 (1980 No 66).
Reserve or public reserve: paragraph (i) of this definition was substituted, as from 1 January 1980, by section 2(1) Reserves Amendment Act 1979 (1979 No 63). The reference to the “Public Works Act 1981”
has been substituted for a reference to the “Public Works Act 1928”
which was consolidated by section 248(1) Public Works Act 1981 (1981 No 35).
Reserve or public reserve: paragraph (j) of this definition was amended, as from 1 January 1980, by section 2(2) Reserves Amendment Act 1979 (1979 No 63) by inserting the word “corresponding”
. The reference to the “Public Works Act 1981”
has been substituted for a reference to the “Public Works Act 1928”
which was consolidated by section 248(1) Public Works Act 1981 (1981 No 35).
territorial authority means a territorial authority within the meaning of the Local Government Act 2002
Territorial authority: the original definition was inserted, as from 1 January 1980, by section 2(3) Reserves Amendment Act 1979 (1979 No 63). Part 2 of the Local Government Act 1974, referred to in this definition, was repealed, as from 1 November 1989, by section 6(1) Local Government Amendment Act (No 2) 1989 (1989 No 29).
territorial authority: this definition was substituted, as from 1 July 2003, by section 262 Local Government Act 2002 (2002 No 84). See sections 273 to 314 of that Act as to the savings and transitional provisions.
Trustees includes a body corporate
Vehicle means a contrivance equipped with wheels or revolving runners upon which it moves or is moved; and includes a contrivance from which the road wheels or revolving runners have been removed
Voluntary organisation means any body of persons (whether incorporated or not) not formed for private profit
Wharf includes all wharves, quays, piers, and jetties on or from which passengers or goods may be taken on board or landed from boats
Wildlife means all animals that are living in a wild state; but does not include any animals of any species for the time being specified in Schedule 6 to the Wildlife Act 1953.
(2) Any land, whether Crown land or not, shall be deemed to be set apart for a public purpose within the meaning of this Act if it is granted, reserved, or set apart or purchased or given or dedicated in any lawful manner, whether by or pursuant to any Act, or by will, or by deed, or by other like instrument, for the use, benefit, enjoyment, safety, or defence of the people of New Zealand or the inhabitants of any district or locality therein.
