Act Repealed Latest version as at 23 September 1981 (as enacted) | 1981 No 30

Reserves Amendment Act 1981

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Contents

Short Title

Use of reserve for communications station

Consequential amendments

Reserves Amendment Act 1981

Public Act		1981 No 30
Date of assent		23 September 1981

	Title
1	Short Title
2	Use of reserve for communications station
3	Consequential amendments
	Administrative information

An Act to amend the Reserves Act 1977

BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:

1 Short Title

This Act may be cited as the Reserves Amendment Act 1981, and shall be read together with and deemed part of the Reserves Act 1977 (hereinafter referred to as the principal Act).

2 Use of reserve for communications station

The principal Act is hereby amended by inserting, after section 48, the following section:

“48a

(1)

The Minister, in the case of a reserve vested in the Crown, and the administering body acting with the consent of the Minister in the case of a reserve vested in the administering body, may grant a permit to any person or Department of State—

“(a)

To erect, maintain, and use buildings, dwellings, masts, and other structures, and plant and machinery; and

“(b)

To construct, maintain, and use tracks and engage in other works—

comprising or in connection with and for the purposes of any station for the transmission, emission, or reception of any form of radio, electric, or electronic communication on any reserve or part of a reserve that is not set apart as a wilderness area under section 47 of this Act.

“(2)

No permit shall be granted under subsection (1) of this section unless the Minister, in the case of a reserve vested in the Crown, or both the administering body and the Minister, in the case of a reserve vested in the administering body, is or are satisfied—

“(a)

That the buildings, dwellings, masts, structures, plant, machinery, tracks, or works are necessary for the purposes of the station; and

“(b)

That they cannot readily be provided outside the reserve.

“(3)

Every permit issued under subsection (1) of this section shall be subject to such terms and conditions as to duration, design, materials, situation, use, rental, inspection, maintenance, and public access, or otherwise, as the Minister determines, in the case of a reserve vested in the Crown, or as the administering body determines with the approval of the Minister, in the case of a reserve vested in the administering body.

“(4)

Except as provided in subsection (5) of this section, where the granting of any permit under subsection (1) of this section is not in conformity with and contemplated by the approved management plan for the reserve, the Minister or the administering body, as the case may be, shall give public notice in accordance with section 119 of this Act of the proposal to grant a permit, and shall give full consideration to all objections and submissions received pursuant to section 120 of this Act in relation to the proposal.

“(5)

Subsection 4 of this section shall not apply in any case where—

“(a)

The reserve 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 granting and lawful exercise of the rights and powers contained in the permit.”

3 Consequential amendments

(1)

Section 20(2)(c) of the principal Act is hereby amended by inserting, before the expression “section 57”, the expression “section 48a or”.

(2)

Section 21(2)(b) of the principal Act is hereby amended by inserting, before the expression “section 59”, the expression “section 48a or”.

(3)

Section 22(5) of the principal Act is hereby amended by inserting, after the word “permit”, the words “granted under section 48a of this Act or a permit”.

(4)

Section 42(1) of the principal Act is hereby amended by inserting, after the word “except”, the words “in accordance with a permit granted under section 48a of this Act or”.

(5)

Section 42(2) of the principal Act is hereby amended by inserting, after the words “cut or destroyed,”, the words “except in accordance with a permit granted under section 48a of this Act or”.

(6)

Section 44(1) of the principal Act is hereby amended by adding to the proviso the expression; “or,” and the following paragraph:

“(f)

In any reserve by any permit granted under section 48a of this Act.”

This Act is administered in the Department of Lands and Survey.

Reserves Amendment Act 1981