Reserves Act 1977

If you need more information about this Act, please contact the administering agency: Department of Conservation
48 Grants of rights of way and other easements

(1)

Subject to subsection (2) and to the Resource Management Act 1991, in the case of reserves vested in an administering body, the administering body, with the consent of the Minister and on such conditions as the Minister thinks fit, may grant rights of way and other easements over any part of the reserve for—

(a)

any public purpose; or

(b)

providing access to any area included in an agreement, lease, or licence granted under the powers conferred by this Act; or

(c)

the distribution or transmission by pipeline of natural or manufactured gas, petroleum, biofuel, or geothermal energy; or

(d)

an electrical installation or work, as defined in section 2 of the Electricity Act 1992; or

(e)

the provision of water systems; or

(f)

providing or facilitating access or the supply of water to or the drainage of any other land not forming part of the reserve or for any other purpose connected with any such land.

(2)

Before granting a right of way or an easement under subsection (1) over any part of a reserve vested in it, the administering body shall give public notice in accordance with section 119 specifying the right of way or other easement intended to be granted, and shall give full consideration, in accordance with section 120, to all objections and submissions received in respect of the proposal under that section.

(3)

Subsection (2) shall not apply in any case where—

(a)

the reserve is vested in an administering body and is not likely to be materially altered or permanently damaged; and

(b)

the rights of the public in respect of the reserve are not likely to be permanently affected—

by the establishment and lawful exercise of the right of way or other easement.

(4)

The Registrar-General of Land must, on the application of the administering body, register the instrument granting the right or easement against any record of title that may have been issued for the reserve, and, if the reserve is held on registered lease or licence, any such instrument may be registered in the same way as any dealing with the lease or licence.

(5)

Where no record of title has been issued for any reserve over which a right or easement has been granted under this section, the instrument granting the right or easement may be registered with the Registrar-General of Land in the same manner and with any necessary modifications as any lease or licence of Crown land may be registered under the Land Act 1948.

(6)

Rights of way and other easements may be granted under this section to any person, including, notwithstanding any rule of law to the contrary, the administering body in which the reserve is vested, and, where the right of way or other easement is granted to the administering body, covenants and agreements in respect of any such transaction may be entered into by the administering body in the one capacity so as to bind or benefit the administering body in the other capacity as fully and effectually as if the administering body were a separate person in each capacity.

Section 48: replaced, on 1 July 1996, by section 6(1) of the Reserves Amendment Act 1996 (1996 No 3).

Section 48(1)(c): amended, on 1 October 2008, by section 17 of the Energy (Fuels, Levies, and References) Amendment Act 2008 (2008 No 60).

Section 48(4): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).

Section 48(5): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).