Reserves Act 1977

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2 Interpretation

(1)

In this Act, unless the context otherwise requires,—

activity includes a trade, business, or occupation

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

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

applicable financial reporting standard has the same meaning as in section 5 of the Financial Reporting Act 2013

Authority means the New Zealand Conservation Authority established under section 6A of the Conservation Act 1987

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

Commissioner, in relation to any reserve, means an officer designated by the Director-General for the purposes of this Act

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; and

(b)

includes any activity authorised by the concession document

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

conservation board means a conservation board established under section 6L of the Conservation Act 1987

conservation management plan means a conservation management plan approved under section 40B

conservation management strategy means a conservation management strategy approved under section 17F of the Conservation Act 1987

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

Director-General means the Director-General of Conservation

fauna means animals of any kind

financial statements has the same meaning as in section 6 of the Financial Reporting Act 2013

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

generally accepted accounting practice has the same meaning as in section 8 of the Financial Reporting Act 2013

Heritage New Zealand Pouhere Taonga means the Crown entity established by section 9 of the Heritage New Zealand Pouhere Taonga Act 2014

infringement fee, in relation to an infringement offence, means the infringement fee for the offence prescribed in regulations made under this Act

infringement offence means—

(a)

an offence in sections 105B to 105I; or

(b)

an offence against regulations or bylaws made under this Act that is declared by regulations to be an infringement offence

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

licence, in relation to a reserve vested in the Crown,—

(a)

means—

(i)

a profit à 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)) 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

(iii)

any document purporting to be a licence (whether or not the licence gives an interest, or makes any provision, referred to in paragraph (a)) and issued under this Act before the commencement of the said section 2;—

and licensee has a corresponding meaning

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)

manawhenua means customary authority exercised by an iwi or hapu or individual in an identified area

Maori and Maori land have the same meanings as in Te Ture Whenua Maori Act 1993

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

Minister means the Minister of Conservation

Nga Whenua Rahui kawenata means an agreement entered into under section 77A

non-GAAP standard has the same meaning as in section 5 of the Financial Reporting Act 2013

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,—

(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

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 the Sovereign; and includes any Maori land

protected New Zealand object has the same meaning as in the Protected Objects Act 1975

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 as a ranger for the purposes of this Act

regional council means a regional council within the meaning of the Local Government Act 2002

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 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):

(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

specified not-for-profit entity has the same meaning as in section 46 of the Financial Reporting Act 2013

territorial authority means a territorial authority within the meaning of the Local Government Act 2002

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 of 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.

Compare: 1953 No 69 s 2

Section 2(1) activity: inserted, on 1 July 1996, by section 2(1) of the Reserves Amendment Act 1996 (1996 No 3).

Section 2(1) administering body: amended, on 1 April 1987, by section 65(1) of the Conservation Act 1987 (1987 No 65).

Section 2(1) antiquity: repealed, on 1 November 2006, by section 35 of the Protected Objects Amendment Act 2006 (2006 No 37).

Section 2(1) applicable financial reporting standard: inserted, on 1 April 2014, by section 125 of the Financial Reporting (Amendments to Other Enactments) Act 2013 (2013 No 102).

Section 2(1) Authority: inserted, on 10 April 1990, by section 91 of the Conservation Law Reform Act 1990 (1990 No 31).

Section 2(1) certified aerodrome: inserted, on 1 July 1996, by section 2(2) of the Reserves Amendment Act 1996 (1996 No 3).

Section 2(1) Commissioner: replaced, on 1 April 1987, by section 65(1) of the Conservation Act 1987 (1987 No 65).

Section 2(1) concession or concession document: inserted, on 1 July 1996, by section 2(3) of the Reserves Amendment Act 1996 (1996 No 3).

Section 2(1) concessionaire: inserted, on 1 July 1996, by section 2(3) of the Reserves Amendment Act 1996 (1996 No 3).

Section 2(1) conservation board: inserted, on 10 April 1990, by section 91 of the Conservation Law Reform Act 1990 (1990 No 31).

Section 2(1) conservation management plan: inserted, on 10 April 1990, by section 91 of the Conservation Law Reform Act 1990 (1990 No 31).

Section 2(1) conservation management strategy: inserted, on 10 April 1990, by section 91 of the Conservation Law Reform Act 1990 (1990 No 31).

Section 2(1) Department: amended, on 1 April 1987, by section 65(1) of the Conservation Act 1987 (1987 No 65).

Section 2(1) Director-General: replaced, on 1 April 1987, by section 65(1) of the Conservation Act 1987 (1987 No 65).

Section 2(1) financial statements: inserted, on 1 April 2014, by section 125 of the Financial Reporting (Amendments to Other Enactments) Act 2013 (2013 No 102).

Section 2(1) generally accepted accounting practice: inserted, on 1 April 2014, by section 125 of the Financial Reporting (Amendments to Other Enactments) Act 2013 (2013 No 102).

Section 2(1) Heritage New Zealand Pouhere Taonga: inserted, on 20 May 2014, by section 107 of the Heritage New Zealand Pouhere Taonga Act 2014 (2014 No 26).

Section 2(1) infringement fee: inserted, on 21 December 2018, by section 37 of the Conservation (Infringement System) Act 2018 (2018 No 61).

Section 2(1) infringement offence: inserted, on 21 December 2018, by section 37 of the Conservation (Infringement System) Act 2018 (2018 No 61).

Section 2(1) lease: inserted, on 1 July 1996, by section 2(4) of the Reserves Amendment Act 1996 (1996 No 3).

Section 2(1) licence: inserted, on 1 July 1996, by section 2(4) of the Reserves Amendment Act 1996 (1996 No 3).

Section 2(1) local authority: replaced, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

Section 2(1) manawhenua: inserted, on 24 March 1993, by section 2 of the Reserves Amendment Act 1993 (1993 No 8).

Section 2(1) Maori and Maori land: amended, on 1 July 1993, pursuant to section 362(2) of Te Ture Whenua Maori Act 1993 (1993 No 4).

Section 2(1) Maori reservation: amended, on 1 July 1993, pursuant to section 362(2) of Te Ture Whenua Maori Act 1993 (1993 No 4).

Section 2(1) Minister: amended, on 1 April 1987, by section 65(1) of the Conservation Act 1987 (1987 No 65).

Section 2(1) National Parks and Reserves Authority: repealed, on 10 April 1990, by section 91 of the Conservation Law Reform Act 1990 (1990 No 31).

Section 2(1) Nature Conservation Council: repealed, on 10 April 1990, by section 91 of the Conservation Law Reform Act 1990 (1990 No 31).

Section 2(1) New Zealand Historic Places Trust: repealed, on 20 May 2014, by section 107 of the Heritage New Zealand Pouhere Taonga Act 2014 (2014 No 26).

Section 2(1) Nga Whenua Rahui kawenata: inserted, on 24 March 1993, by section 2 of the Reserves Amendment Act 1993 (1993 No 8).

Section 2(1) non-GAAP standard: inserted, on 1 April 2014, by section 125 of the Financial Reporting (Amendments to Other Enactments) Act 2013 (2013 No 102).

Section 2(1) permit: inserted, on 1 July 1996, by section 2(5) of the Reserves Amendment Act 1996 (1996 No 3).

Section 2(1) protected New Zealand object: inserted, on 1 November 2006, by section 35 of the Protected Objects Amendment Act 2006 (2006 No 37).

Section 2(1) ranger: inserted, on 27 December 1983, by section 2 of the Reserves Amendment Act 1983 (1983 No 43).

Section 2(1) regional council: inserted, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

Section 2(1) reserve or public reserve paragraph (h): amended, on 1 April 1981, pursuant to section 80(2) of the National Parks Act 1980 (1980 No 66).

Section 2(1) reserve or public reserve paragraph (i): replaced, on 1 January 1980, by section 2(1) of the Reserves Amendment Act 1979 (1979 No 63).

Section 2(1) reserve or public reserve paragraph (i): amended, on 1 February 1982, pursuant to section 248(1) of the Public Works Act 1981 (1981 No 35).

Section 2(1) reserve or public reserve paragraph (j): amended, on 1 February 1982, pursuant to section 248(1) of the Public Works Act 1981 (1981 No 35).

Section 2(1) reserve or public reserve paragraph (j): amended, on 1 January 1980, by section 2(2) of the Reserves Amendment Act 1979 (1979 No 63).

Section 2(1) specified not-for-profit entity: inserted, on 1 April 2014, by section 125 of the Financial Reporting (Amendments to Other Enactments) Act 2013 (2013 No 102).

Section 2(1) territorial authority: replaced, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).