Reserves Act 1977

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Version as at 28 October 2021

Reserves Act 1977

Public Act		1977 No 66
Date of assent		23 December 1977
Commencement		see section 1(2)

Note

The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

This Act is administered by the Department of Conservation.

	Title
1	Short Title and commencement
2	Interpretation
	Part 1 Administration
3	General purpose of this Act
4	Minister may require reports as to land to be reserved or otherwise protected
5	Restricting application of this Act
5A	Director-General to administer special leases and grazing permits over certain reserves
6	Powers of Minister in cases of doubt
7	Director of Reserves
8	Rangers
9	Committees
10	Delegation of Minister’s powers
11	Department may engage persons on contract
	Part 2 Acquisition of land for reserves
12	Minister’s powers
13	Governor-General may declare reserve to be national reserve
14	Local authority may declare land vested in it to be a reserve
15	Minister may authorise exchange of reserves for other land
15AA	Administering body may authorise exchange of recreation reserve land for other land
	Part 2A Policy
15A	General policy
	Part 3 Classification and management of reserves
	Classification and purpose of reserves
16	Classification of reserves
16A	Application of section 16 to nature and scientific reserves after commencement of Crown Minerals Amendment Act 2013
17	Recreation reserves
18	Historic reserves
19	Scenic reserves
20	Nature reserves
21	Scientific reserves
22	Government purpose reserves
23	Local purpose reserves
24	Change of classification or purpose or revocation of reserves
24A	Change of purpose of reserve by territorial authority or regional council
25	Effect of revocation of reserve or change of classification or purpose
	Management and control of reserves
26	Vesting of reserves
26A	Vesting of certain reserves
27	Cancelling vesting of reserves
28	Appointing a local authority to control and manage a reserve
29	Appointing a voluntary organisation to control and manage a reserve
30	Appointing a board to control and manage a reserve
31	Term of office of members of boards
32	Meetings of boards
33	Form of contracts of boards
34	Members of boards not personally liable
35	Appointing trustees to control and manage reserve vested in Crown
36	Appointing Minister of the Crown to control and manage reserve
37	Administering body may control and manage more than 1 reserve
38	Control and management of land that is not a reserve
39	Provision of technical assistance to administering body
39A	Annual financial statements
39B	Financial statements may comply with standards rather than generally accepted accounting practice
	Functions of administering body
40	Functions of administering body
40A	Conservation management strategies
40B	Conservation management plans in respect of reserves administered by Department
41	Management plans
	General powers of Minister and of administering body
42	Preservation of trees and bush
43	Fencing and maintenance of reserves
44	Unauthorised use of reserve
45	Erection of shelters, huts, cabins, and lodges
46	Grant of rights to Maori
47	Wilderness areas
48	Grants of rights of way and other easements
48A	Use of reserve for communications station
49	Taking of specimens
50	Taking or killing of fauna
51	Introduction of flora and fauna
51A	Introduction of biological control organisms
52	Union of reserves
	Particular powers of Minister and administering body
53	Powers (other than leasing) in respect of recreation reserves
54	Leasing powers in respect of recreation reserves (except farming, grazing, or afforestation leases)
55	Powers (other than leasing) in respect of scenic reserves
56	Leasing powers in respect of scenic reserves
57	Powers in respect of nature reserves
58	Powers in respect of historic reserves
58A	Leasing powers in respect of historic reserves
59	Powers in respect of scientific reserves
59A	Granting of concessions on reserves administered by Crown
60	Powers in respect of government purpose reserves
61	Powers (including leasing) in respect of local purpose reserves
61A	Leases in respect of reserves for aerodrome purposes
62	Powers of Commissioner
63	Reserves not vested in the Crown
64	Administering body may purchase land on deferred payments
	Special provisions as to recreation reserves set apart for racecourse purposes
65	Bylaws
66	Club may use reserve on conditions
67	Leasing
68	Application of revenue
69	Annual statement of accounts and report
70	Special Acts dealing with racecourse reserves to be read subject to this Act
	Farming and other leases
71	Farming by administering body
72	Farming by another person or body
73	Leasing of recreation reserves for farming, grazing, afforestation, or other purposes
74	Licences to occupy reserves temporarily
	Afforestation
75	Afforestation by administering body
	Protected private land, and conservation covenants
76	Declaration of protected private land
77	Conservation covenants
77A	Nga Whenua Rahui kawenata
	Part 4 Financial provisions
78	Application of revenue from reserves
79	Funds of administering bodies
80	Expenditure of funds
81	Unauthorised expenditure
82	Application of proceeds of land where reservation revoked
83	Application of proceeds from exchange
84	Minister may authorise diversion of money
85	Minister may authorise expenditure of money on land that is not a reserve
85A	Minister may authorise certain administering bodies to spend proceeds from certain reserves for other purposes
86	Payment of rates on Maori reservations
87	Payment of rates on protected private land
88	Financial statements and audit
88A	Crown entities
89	Contributions and advances by local authorities
90	Borrowing powers of administering body
91	Administering body may have debit in accounts in anticipation of revenue
92	Relief of lessees and licensees of reserves
	Part 5 Miscellaneous provisions
	Offences
93	Powers of constables, rangers, and other officers
94	Offences on reserves
95	Seizure and forfeiture of property
96	Trespassing animals
97	Damage by fire
98	Offences with respect to officers or rangers
99	Time for filing charging document
100	Stopping and searching of boats
100A	Removal of boats in certain circumstances
101	Proceedings in respect of offences
102	Evidence of offences
102A	Penalties for certain offences
102B	Penalties for offences committed for commercial gain or reward
103	Penalties
104	Penalty for breach of bylaws
104A	Sentence of community work
105	Application of fines
	Infringement offences
105A	Relationship between infringement offences and other offences
105B	Unauthorised actions in reserves
105C	Littering
105D	Using or receiving items removed unlawfully from reserve
105E	Altering boundary marks or items issued by Minister, Department, or administering body
105F	Failure to remove animal, vehicle, aircraft, or boat
105G	Unauthorised entry
105H	Anchoring or mooring of boat in breach of notice or permit
105I	Damage by fire
105J	Proceedings for infringement offences
105K	Who may issue infringement notices
105L	Infringement notices
105M	Reminder notices
105N	Payment of infringement fees
105O	Penalties for infringement offences
	Bylaws
106	Bylaws
107	Procedure for making bylaws
108	Bylaws to be approved by Minister
	Mining
109	Application of Mining Act 1971 and Coal Mines Act 1925 to reserves
	General provisions
110	Removal and disposal of vehicles and boats
111	Road reserve may be dedicated as a road
112	Registrar-General of Land not to give effect to dealings not in conformity with trusts
113	Form of leases and licences of reserves
114	Variation of covenants, terms, and conditions in leases and licences
115	Transfers, subleases, and mortgages
116	Record of title in respect of reserves
117	Commissioner may execute documents on behalf of the Crown
118	Commissioner may act in proceedings on behalf of the Crown
119	Notices
120	Rights of objection and of making submissions
121	Minister may give conditional consent or approval
122	Special provisions as to reserves administered under Tourist and Health Resorts Control Act 1908
122A	Control of dogs
123	Regulations
123A	Regulations relating to infringement offences
124	Amendments
125	Repeals
	Schedule 1 Basic provisions applicable to leases or licences of recreation reserves and scenic reserves
	Schedule 2 Enactments amended
	Schedule 3 Enactments repealed
	Schedule 4 Land that may be held as reserve
	Notes

An Act to consolidate and amend certain enactments of the Parliament of New Zealand relating to public reserves, to make further provision for their acquisition, control, management, maintenance, preservation (including the protection of the natural environment), development, and use, and to make provision for public access to the coastline and the countryside

Title: amended, on 1 January 1987, pursuant to section 29(2) of the Constitution Act 1986 (1986 No 114).

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Reserves Act 1977

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