New Zealand Legislation: Acts
Acts are laws made by Parliament
(1) To ensure the control, management, development, use, maintenance, and preservation of reserves for their appropriate purposes, the Minister shall, by notice in the Gazette, classify according to their principal or primary purpose, as defined in sections 17 to 23 of this Act,—
(a) All reserves existing immediately before the commencement of this Act:
(b) All reserves created after the commencement of this Act,—
and for the purposes of this section, the Minister may classify part of a reserve for one purpose and the other part or parts of the same reserve for any other purpose or purposes:
Provided that, where a reserve is controlled or managed by an administering body, the Minister shall not classify the reserve under this subsection without consulting the administering body.
(2) Notwithstanding subsection (1) of this section, where a resolution is gazetted under section 14(4) of this Act, the reserve shall, without further notice or gazetting, be held and administered for the purpose specified in the resolution, and shall be deemed to be classified accordingly.
(2A) Notwithstanding subsection (1) of this section, where any reserve was—
(a) Vested in a local authority which did not derive its title to the land from the Crown; or
(b) Created under section 17 of the Land Laws Amendment Act 1920; or
(c) Created under section 16 of the Land Act 1924; or
(d) Created under section 13 of the Land Subdivision in Counties Act 1946; or
(e) Purchased out of money paid out of the Land for Settlements Account in accordance with section 14(2) of the Land Subdivision in Counties Act 1946; or
(f) Created under Part 20 of the Local Government Act 1974; or
(g) Created under Part 10 of the Resource Management Act 1991—
and is or remains vested in a local authority, that local authority shall, by resolution, classify the reserve according to its principal or primary purpose, as defined in sections 17 to 23 of this Act.
(2B) Any local authority that classifies a reserve in accordance with subsection (2A) of this section shall forthwith give notice of that classification to the Commissioner.
(2C) The Minister may, by notice in the Gazette, declare that any land—
(a) Identified in the first column of Schedule 4 to this Act for protection as an amenity reserve; and
(b) Held as a conservation area under section 7 or section 61 or section 62 of the Conservation Act 1987; and
(c) Adjacent to any reserve held under this Act as a scenic reserve—
is held under this Act as a reserve and—
(d) Classified as a scenic reserve; and
(e) Added to the adjacent scenic reserve;—
and, subject to this Act, the land shall therefore be so held.
(2D) The Minister may, by notice in the Gazette, declare that any land—
(a) Identified in the first column of Schedule 4 to this Act for protection as a wildlife corridor or wildlife management reserve; and
(b) Held as a conservation area under section 7 or section 61 or section 62 of the Conservation Act 1987; and
(c) Adjacent to any reserve held under this Act as a government purpose (wildlife management) reserve—
is held under this Act as a reserve and—
(d) Classified as a government purpose (wildlife management) reserve; and
(e) Added to the adjacent government purpose (wildlife management) reserve;—
and, subject to this Act, the land shall thereafter be so held.
(2E) Where any boundary of any land identified in Schedule 4 to this Act is defined in any document referred to in the third column of that Schedule, the boundary defined in the document shall be conclusive for the purposes of this Act.
(2F) Where any boundary of any land identified in the said Schedule 4 is not defined in any document referred to in that Schedule, the Minister shall describe the land in the notice under subsection (2C) or subsection (2D) of this section after having regard—
(a) In the case of any land identified as Category A in Appendix C of the Final Report of the West Coast Forests Working Party dated the 31st day of October 1986, to the maps contained or referred to in that report:
(b) In the case of any land identified as Category B in the said Appendix C, to the maps contained or referred to in the discussion document dated the 17th day of January 1987 issued pursuant to the said Final Report by the Acting Director-General of Forests.
(2G) If the boundary of any land cannot be ascertained in accordance with subsection (2E) or subsection (2F) of this section, the Minister shall describe the land in the notice under subsection (2C) or subsection (2D) of this section after consultation with such persons or organisations as the Minister considers appropriate and after having regard to such documents as he or she considers appropriate.
(2H) Notwithstanding subsections (2E), (2F), and (2G) of this section, the Minister may, by notice in the Gazette, make any necessary or practical or appropriate adjustments to the description of any land under this section.
(3) In classifying any reserve as a Government purpose or local purpose reserve, the Minister or the local authority, as the case may be, shall specify as part of that classification the particular purpose or purposes for which the reserve is classified.
(4) Before classifying any reserve under subsection (1) of this section, the Minister shall give public notice in accordance with section 119 of this Act specifying the classification proposed, and shall give full consideration in accordance with section 120 of this Act to all objections against and submissions in relation to the proposal received pursuant to the said section 120.
(5) Notwithstanding subsection (4) of this section, no such public notice shall be necessary where—
(a) The classification proposed for any reserve is substantially the same as the purpose for which the reserve was held and administered immediately before the commencement of this Act; or
(b) The intended use of the land is in conformity with the relevant operative district plan under the Resource Management Act 1991; or
(c) The classification proposed is a condition subject to which the land was acquired for reserve purposes; or
(6) Subject to subsection (7) of this section, every existing reserve shall be held and administered for the purpose of its existing reservation, and the administering body shall continue to control and manage the reserve under the appropriate provisions of this Act pending its classification under subsection (1) of this section.
(7) Where any existing reserve was, immediately before the commencement of this Act, a domain under the Reserves and Domains Act 1953 or any corresponding former Act, it shall be controlled and managed under the provisions of this Act relating to recreation reserves, pending its classification under this Act. Every such reserve shall be controlled and managed, by its Domain Board, in accordance with the following provisions:
(a) Every such Domain Board that is a local authority shall act in the capacity of a local authority as if it had been appointed under section 28(1) of this Act, as the administering body of the reserve, and all the provisions of this Act, except section 26A, shall apply accordingly:
(b) Every such Domain Board that is not a local authority shall act in the capacity of a Reserves Board as if it had been appointed under section 30(1) of this Act, to be, in that capacity, the administering body of the reserve, and all the provisions of this Act shall apply accordingly.
(8) When classified under this section, each reserve shall be held and administered for the purpose or purposes for which it is classified and for no other purpose.
(9) Classification of a reserve under subsection (1) of this section shall not, unless the Minister in the notice otherwise directs, affect the appointment or term of the administering body controlling and managing the reserve or of any member thereof.
(10) The Minister, or the territorial authority or regional council in the case of a reserve vested in a territorial authority or regional council, may from time to time, by notice in the Gazette, declare that a reserve shall be known by such name as is specified in the notice, and the Minister or the territorial authority or the regional council, as the case may be, may in like manner change the name of any reserve. Any change of name shall not affect the appointment or term of the administering body controlling the reserve or any member thereof:
Provided that the Minister shall not change the name of a reserve that is controlled and managed by an administering body without consulting that administering body.
(10A) Before the Minister gives notice in the Gazette under subsection (10), the Minister must refer the proposed name to the New Zealand Geographic Board Ngā Pou Taunaha o Aotearoa under section 27(2) or 30 of the New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008, as the case may be.
(11) Notwithstanding anything in subsections (1) to (10) of this section,—
(a) All reserves which immediately before the commencement of this Act were set apart as racecourse reserves or for racecourse purposes under the Reserves and Domains Act 1953 shall, after the commencement of this Act, and without further notice or gazetting, be held and administered as recreation reserves under section 17 of this Act, subject to sections 65 to 70 of this Act:
(b) All reserves created before the commencement of this Act pursuant to Part 28 of the Municipal Corporations Act 1933, Part 25 of the Municipal Corporations Act 1954 or Part 2 of the Counties Amendment Act 1961 shall, after the commencement of this Act, and without further notice or gazetting, be held and administered as follows:
(i) As recreation reserves under section 17 of this Act, if their purpose was recreation:
(ii) As historic reserves under section 18 of this Act, if their purpose was historic:
(iii) As scenic reserves under section 19 of this Act, if their purpose was scenic or the preservation of scenery:
(iv) As local purpose reserves under section 23 of this Act, if their purpose was utility, road, street, access way, esplanade, service lane, playcentre, kindergarten, plunket room, or other like purpose:
(c) All reserves for the preservation of flora and fauna existing immediately before the commencement of this Act shall, after the commencement of this Act, and without further notice or gazetting, be held and administered as nature reserves under section 20 of this Act:
(d) The reserves described in the Second Schedule to the notice by the Minister of Lands dated the 14th day of December 1972 and published in the Gazette on the 11th day of January 1973 at page 8 (being reserves forming part of the Marlborough Sounds Maritime Park) shall, after the commencement of this Act, and without further notice or gazetting, be deemed to be classified as local purpose reserves for sounds foreshore purposes under section 23 of this Act, but subject to the provisions of section 17 of the Reserves and Other Lands Disposal Act 1955:
(e) All reserves which immediately before the commencement of this Act were set apart for Government railway purposes shall, after the commencement of this Act, and without further notice or gazetting, be held and administered as Government purpose reserves for railway purposes under section 22 of this Act under the control and management of the Minister of Railways.
Section 16 was substituted, as from 1 April 1978, by section 4(1) Reserves Amendment Act 1979 (1979 No 63).
Subsection (2) was substituted, and subsections (2A) and (2B) inserted, as from 27 December 1983, by section 3(1) Reserves Amendment Act 1983 (1983 No 43).
Subsection (2A)(g) was inserted, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).
The expression “; and”
has been inserted at the end of paragraph (f) without specific authority.
Subsections (2C) to (2H) were inserted, as from 13 March 1996, by section 3(1) Reserves Amendment Act 1996 (1996 No 3).
Subsection (5)(b) was inserted, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).
Subsection (5)(c) was amended, as from 13 March 1996, by section 3(2) Reserves Amendment Act 1996 (1996 No 3) by inserting the expression “; or”
.
Subsection (5)(d) was inserted, as from 13 March 1996, by section 3(2) Reserves Amendment Act 1996 (1996 No 3).
Subsection (8) was amended, as from 27 December 1983, by section 3(2) Reserves Amendment Act 1983 (1983 No 43) by omitting the words “subsection (1) or subsection (2) of”
.
Subsection (10) was amended, as from 1 July 2003, by section 262 Local Government Act 2002 (2002 No 84) by substituting the words “or regional council in the case of a reserve vested in a territorial authority or regional council”
for the words “in the case of a reserve vested in that authority”
. See sections 273 to 314 of that Act as to the savings and transitional provisions.
Subsection (10) was amended, as from 1 July 2003, by section 262 Local Government Act 2002 (2002 No 84) by inserting the words “or the regional council”
after the words “or the territorial authority”
in the second place where they occur. See sections 273 to 314 of that Act as to the savings and transitional provisions.
Section 16(10A): inserted, on 1 November 2008, by section 38 of the New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008 (2008 No 30).
Subsection (11)(b) was amended, as from 27 December 1983, by section 3(3) Reserves Amendment Act 1983 (1983 No 43) by inserting the words “Part 28 of the Municipal Corporations Act 1933,”
.