21 Scientific reserves

(1)

It is hereby declared that the appropriate provisions of this Act shall have effect, in relation to reserves classified as scientific reserves, for the purpose of protecting and preserving in perpetuity for scientific study, research, education, and the benefit of the country, ecological associations, plant or animal communities, types of soil, geomorphological phenomena, and like matters of special interest.

(2)

It is hereby further declared that, having regard to the general purposes specified in subsection (1), every scientific reserve shall be so administered and maintained under the appropriate provisions of this Act that—

(a)

except where the Minister otherwise determines, the indigenous flora and fauna shall as far as possible be preserved and the exotic flora and fauna shall as far as possible be exterminated:

(b)

for the adequate protection and management of the reserve, the Minister may from time to time, by notice in the Gazette, prohibit access to the whole or any specified part of the reserve, and in that case no person shall enter the reserve or, as the case may be, the part so specified, except under the authority of a permit issued under section 48A or section 59:

(c)

where scenic, historic, archaeological, biological, or natural features are present on the reserve, those features shall be managed and protected to the extent compatible with the principal or primary purpose of the reserve:

provided that nothing in this paragraph shall authorise the doing of anything with respect to fauna that would contravene any provision of the Wildlife Act 1953 or any regulations or Proclamation or notification under that Act, or the doing of anything with respect to archaeological features in any reserve that would contravene any provision of the Heritage New Zealand Pouhere Taonga Act 2014:

(d)

to the extent compatible with the principal or primary purpose of the reserve, its value as a soil, water, and forest conservation area shall be maintained:

(e)

with the consent of the Minister, the reserve, or any specified part of the reserve, may be manipulated for experimental purposes or to gain further scientific knowledge.

(3)

For the purposes of subsection (2)(b), where access to the whole or any specified part of a scientific reserve has been prohibited except under the authority of a permit to enter the reserve or that part of the reserve, the expression “enter the reserve or, as the case may be, the part of the reserve so specified” shall, where the reserve or that part is an island or comprises most of an island, be deemed to include making any physical contact with the land by a boat; and for this purpose any physical contact with the land shall be deemed to include the attaching (by rope or otherwise) of a boat to the reserve or to a wharf constructed on or partly on the reserve.

(4)

For the purposes of subsections (2)(b) and (3), where the foreshore of any scientific reserve which is an island or part of an island does not form part of the reserve which it adjoins, the foreshore shall be deemed to form part of the reserve.

Section 21(2)(b): amended, on 23 September 1981, by section 3(2) of the Reserves Amendment Act 1981 (1981 No 30).

Section 21(2)(c) proviso: amended, on 20 May 2014, by section 107 of the Heritage New Zealand Pouhere Taonga Act 2014 (2014 No 26).