New Zealand Legislation: Acts

5 Restricting application of this Act

• (1) This Act shall not apply with respect to any land that is subject to the Forests Act 1949:

  Provided that, notwithstanding anything to the contrary in that Act, the Minister may from time to time, by notice in the Gazette, declare that any State forest land shall be a recreation reserve, an historic reserve, a scenic reserve, a nature reserve, or a scientific reserve subject to this Act, and the land shall thereupon be held as a reserve for recreation, historic, scenic, nature, or scientific purposes, as the case may be, accordingly; but no such declaration shall be made except with the consent of the Minister of Forestry.

  (2) Except as otherwise specially provided herein, this Act in its application to any reserve shall be read subject to—

  • (a) Any Act (whether passed before or after the commencement of this Act) or any Provincial Ordinance in force at the commencement of this Act making any special provision with respect to that reserve, whether by direct reference thereto or by reason of the reserve being vested in any particular local authority, Board, or Trustees, or in any local authority of a particular class, or by reason of the reserve being one of any particular class, or authorising the setting apart of any reserve for any purpose:

  • (b) The provisions of any will, deed, or other instrument creating the trusts upon which the reserve is held:

  Provided that nothing in this subsection shall limit the power of the Minister to classify any reserve or change the classification thereof.

  Compare: 1953 No 69 ss 11, 41, 55(3)

  In subsection (1) the reference to “Minister of Forestry” has been substituted for “Minister of Forests”. The definition of Minister in the Forests Act 1949 was substituted, as from 1 April 1987, by section 32(1) State-Owned Enterprises Act 1986 (1986 No 124).