Reserves Act 1977

24 Change of classification or purpose or revocation of reserves

(1)

Subject to section 13(2), where—

(a)

the Minister considers for any reason that a change of classification or purpose of the whole or part of any reserve is advisable or that the reservation of any land as a reserve should be revoked; or

(b)

the local authority within whose district a reserve is situated or the administering body of any reserve notifies the Commissioner in writing that, pursuant to a resolution of the local authority or of the administering body, as the case may be, it considers for any reason, to be stated in the resolution, that the classification or purpose of the whole or part of the reserve should be changed to another classification or purpose, or that the reservation of the whole or part of the land as a reserve should be revoked,—

then, subject to the succeeding provisions of this section, the Minister may, in his or her discretion, by notice in the Gazette, change the classification or purpose of the whole or part of the reserve, which thereafter shall be held and administered for that changed classification or purpose, or revoke the reservation of the whole or part of the land as a reserve:

provided that the classification of any government purpose reserve for railway purposes shall not be changed and the reservation of the land or any part thereof as such a reserve shall not be revoked except with the consent of the Minister of Railways.

(2)

Before any classification or purpose is changed or any reservation is revoked pursuant to subsection (1),—

(a)

where subsection (1)(a) applies and there is an administering body of the reserve, the Commissioner shall notify the administering body in writing as to the Minister’s reasons for considering that a change of classification or purpose is advisable or, as the case may be, that the reservation should be revoked, and shall invite the administering body to comment thereon in writing to the Commissioner:

(b)

the administering body of the reserve after consulting the Commissioner, or the Commissioner if there is no administering body, shall publicly notify the proposed change of classification or purpose or proposed revocation of reservation, as the case may be, specifying the reason or reasons for the proposal:

(c)

every person claiming to be affected by the proposed change of classification or purpose or revocation shall have a right of objection to the change or revocation, and may, at any time within 1 month after the date of the first publication of the notice of the proposal, give notice in writing of his or her objections to the proposed change or revocation and of the grounds thereof to the Commissioner if there is no administering body, and to the principal administrative officer or chief executive of the administering body in any other case, who shall forward all such objections to the Commissioner with a copy of the resolution of the administering body in relation to those objections, after the administering body has considered those objections:

provided that, where the date of the first publication of the notice of the proposal falls between the period commencing with 10 December in any year and ending with 10 January in the next succeeding year, notice of objection to the proposed change or revocation may be given at any time before 10 February next following that period:

(d)

where a local authority which is not the administering body initiates action under subsection (1)(b) to change the classification or purpose of or to revoke the reservation of the whole or part of the land as a reserve, the local authority shall notify the administering body in writing of the resolution of the local authority, and the reasons for it, and the administering body shall notify the Commissioner in writing of the attitude of the administering body to the proposed change of classification or purpose or to the proposed revocation:

(e)

the Minister shall as soon as practicable consider the proposed change of classification or purpose or revocation and all objections received thereto and, in the case of objections made to an administering body, the resolution of the administering body thereon, and, in any case where paragraph (d) applies, the attitude of the administering body to the proposal:

(f)

the Minister shall have power to receive such submissions and make such inquiries as he or she thinks fit on the proposal:

(g)

the procedure to be followed by the Minister in any matter arising under this section shall be as prescribed in regulations made under this Act or, where there are no such regulations or so far as the regulations do not extend, as the Minister determines:

(h)

any person who does not lodge an objection in accordance with this subsection shall be deemed to have assented to the change of classification or purpose or the revocation of reservation set forth in the public notification.

(3)

No change of classification or purpose of a scenic, nature, or scientific reserve, or any part thereof, to a recreation, historic, government purpose, or local purpose reserve shall be made, except where, in the opinion of the Minister, the reserve or the part thereof is by reason of the destruction of the forest, bush, or other vegetation, or of the fauna or scientific or natural features thereon, or for any other like cause, no longer suitable for the purposes of its classification.

(4)

[Repealed]

(5)

No change of classification or purpose nor any revocation of reservation of an historic reserve or any part thereof shall be made, except where, in the opinion of the Minister, the reserve or the part thereof is by reason of the destruction of the historic features or for any other cause no longer suitable for the purpose of its classification, or where, in the opinion of the Minister, the change of classification or purpose or the revocation is required in the public interest. The Minister shall obtain a report from Heritage New Zealand Pouhere Taonga before making his or her decision.

(6)

Subsection (2) shall not apply to any government purpose reserve, but no change of classification or purpose or revocation of the reservation of such a reserve or any part of such a reserve shall be made without the prior approval of the Minister appointed under section 22 or section 36 to control and manage that reserve.

(7)

Subsection (2) shall not apply to any local purpose reserve, other than a reserve made on a subdivision of land under section 13 of the Land Subdivision in Counties Act 1946 or a reserve vested in the Corporation of a borough pursuant to the Municipal Corporations Act 1954 or the Corporation of a county pursuant to Part 2 of the Counties Amendment Act 1961 or section 16 of the Land Act 1924 or section 17 of the Land Laws Amendment Act 1920 or Part 20 of the Local Government Act 1974 (as enacted by section 2 of the Local Government Amendment Act 1978) or as a condition of any resource consent under the Resource Management Act 1991:

provided that the Minister may, after considering such evidence as may be submitted to him or her, direct that the proposals be publicly notified, and in that case subsection (2) shall apply.

(8)

The Minister must not change the classification or purpose, or revoke the reservation status, of the whole or a part of a nature reserve or a scientific reserve under subsection (1).

(9)

Instead, a change to the classification or purpose, or the revocation of the reservation status, of the whole or a part of a nature reserve or a scientific reserve must be made by the Governor-General by Order in Council, on the recommendation of the Minister.

(10)

The Minister must not make a recommendation under subsection (9) to change the classification or purpose, or to revoke the reservation status, of a nature reserve or a scientific reserve unless—

(a)

the Minister is satisfied that the reserve is no longer suitable for the purposes of its classification because of the destruction of its forest, bush, or other vegetation, or of its fauna or natural or scientific features, or for any other similar cause; and

(b)

the Minister has complied with subsection (2), with any necessary modifications.

(11)

Subsection (10)(a) does not apply if the intended change of classification is from—

(a)

nature reserve to scientific reserve or scenic reserve:

(b)

scientific reserve to nature reserve or scenic reserve.

(12)

An order under subsection (9) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

Compare: 1953 No 69 s 18(1)–(5); 1965 No 108 s 2(1)

Legislation Act 2019 requirements for secondary legislation made under this section
PublicationPCO must publish it on the legislation website and notify it in the GazetteLA19 s 69(1)(c)
PresentationThe Minister must present it to the House of RepresentativesLA19 s 114, Sch 1 cl 32(1)(a)
DisallowanceIt may be disallowed by the House of Representatives LA19 ss 115, 116
This note is not part of the Act.

Section 24(1): amended, on 1 January 1980, by section 3(2) of the Reserves Amendment Act 1979 (1979 No 63).

Section 24(2)(b): amended, on 1 January 1980, by section 8 of the Reserves Amendment Act 1979 (1979 No 63).

Section 24(2)(c): amended, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

Section 24(2)(c) proviso: inserted, on 1 January 1980, by section 9 of the Reserves Amendment Act 1979 (1979 No 63).

Section 24(4): repealed, on 24 May 2013, by section 8(1) of the Reserves Amendment Act 2013 (2013 No 17).

Section 24(5): amended, on 20 May 2014, by section 107 of the Heritage New Zealand Pouhere Taonga Act 2014 (2014 No 26).

Section 24(7): amended, on 17 December 1997, by section 362 of the Resource Management Act 1991 (1991 No 69).

Section 24(7): amended, on 1 April 1979, by section 3(5) of the Local Government Amendment Act 1978 (1978 No 43).

Section 24(8): inserted, on 24 May 2013, by section 8(2) of the Reserves Amendment Act 2013 (2013 No 17).

Section 24(9): inserted, on 24 May 2013, by section 8(2) of the Reserves Amendment Act 2013 (2013 No 17).

Section 24(10): inserted, on 24 May 2013, by section 8(2) of the Reserves Amendment Act 2013 (2013 No 17).

Section 24(11): inserted, on 24 May 2013, by section 8(2) of the Reserves Amendment Act 2013 (2013 No 17).

Section 24(12): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).