It is hereby declared that, subject to the control of the Minister, this Act shall be administered in the Department of Conservation for the purpose of—

In the exercise of its administration of this Act, the Department may take any action approved or directed from time to time by the Minister so far as it is consistent with this Act or is provided for in any other Act and is not inconsistent with this Act.

The Minister may from time to time, in order to decide whether any land should be reserved or otherwise protected, cause inquiries or general surveys to be made regarding any land which may possess scenic, historic, cultural, archaeological, biological, geological, or other scientific features or interest, or indigenous flora or fauna, or wildlife, or recreational or natural environment interest:

provided that no excavation or other activities may be made or carried on on any private land or any Crown land subject to a Crown lease without the consent of the owner of the land first being obtained:

provided also that no excavation or other activities shall be made or carried on that would contravene the provisions of the Heritage New Zealand Pouhere Taonga Act 2014.

Where any such land is Crown land, it may be set apart as a reserve under section 167 of the Land Act 1948.

Without limiting the generality of subsection (1), every New Zealand wide—

that has been commenced but not completed before the commencement of this Act, shall be continued, completed, and from time to time kept under review.

This Act does not apply to any land that is subject to the Forests Act 1949.

Except as otherwise specially provided herein, this Act in its application to any reserve shall be read subject to—

Nothing in subsection (2) limits—

Sections 18, 50A to 50F, 56, 60, 60B, 65, 67(1), 67(2), 67(4), 68 to 69, 81 to 105, 111 to 115, 121 to 126, 127, 131 to 151, 153 to 158, 160, 164A, 164B, 170 to 171, 174, and 183 of the Land Act 1948 apply to every special lease and grazing permit in its application (by virtue of subsection (1) or subsection (2) of section 65 of the Crown Pastoral Land Act 1998) to any reserve as if every reference in those provisions to the Commissioner of Crown Lands, the Land Settlement Board, the Board, or the Department, were a reference to the Director-General.

In subsection (1), the terms special lease and grazing permit have the meanings given to them by section 2 of the Crown Pastoral Land Act 1998.

If in the opinion of the Minister there is any doubt or uncertainty as to whether any land was immediately before the commencement of this Act a reserve within the meaning of section 2 of the Reserves and Domains Act 1953, he or she may, by notice in the Gazette, declare either that the land as defined in the notice is a reserve within the meaning of this Act for such purpose or purposes as are stated in the notice, or that it is not a reserve; and every such notice shall have effect according to its tenor.

The Minister may in like manner define the purpose for which any reserve (whether reserved or set apart before or after the commencement of this Act) shall be classified in any case where doubt exists as to that purpose.

Despite subsections (1) and (2), the Minister must not act under those provisions to—

Instead, the Governor-General may, by Order in Council made on the recommendation of the Minister,—

An order under subsection (2B) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

Subsection (3) applies to notices that are—

If there is an error of description in a notice (whether with respect to the boundaries or area of the land to which the notice relates or with respect to classification or nomenclature, or otherwise howsoever), the Minister may revoke the notice, and may thereafter issue in its place a fresh notice with amended particulars and descriptions, or may by notice amend the original notice.

A notice under subsection (3) that revokes, replaces, or amends secondary legislation is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

Every notice of revocation or amendment issued under subsection (3) shall, according to its tenor, take effect as from the date on which the original notice was intended to take effect or as from such other date as may be therein specified in that behalf.

There may from time to time be appointed under the Public Service Act 2020 a suitable person to be the Director of Reserves, who shall carry out such directions and perform such duties for the administration of this Act as may from time to time be given or assigned to him or her by the Director-General.

There may from time to time be appointed under the Public Service Act 2020 suitable persons to be rangers for the purposes of this Act.

The Minister may from time to time appoint—

A ranger may be appointed under subsection (1) or subsection (2) for a particular reserve or reserves or area or to exercise his or her duties generally throughout New Zealand.

The Director-General shall supply to every ranger appointed under this section a written warrant signed by the Director-General or on his or her behalf evidencing the appointment, and the production of that warrant shall be sufficient proof of the appointment.

Any ranger appointed under this section shall, on the expiration of the term of his or her appointment, or on the sooner expiry of his or her appointment by removal from office or resignation, surrender to the Director-General his or her warrant of appointment and any badge of office that may have been issued to him or her.

Every ranger appointed under subsection (2) shall be appointed to hold office during the pleasure of the Minister or for such specified term as the Minister thinks fit.

Any ranger appointed under subsection (2) may at any time be removed from office by the Minister for incapacity, neglect of duty, or misconduct, or may at any time resign his or her office by writing addressed to the Director-General.

No person appointed under subsection (2) to be a ranger shall by virtue of that appointment be deemed to be employed in the service of the Sovereign for the purposes of the Public Service Act 2020 or of the Government Superannuation Fund Act 1956.

The administering body of any reserve may from time to time appoint any officer or servant of that body, or, if the administering body is a local authority, then any suitable person, whether an officer or servant of that body or not, to be a ranger for the purposes of this Act to exercise his or her duties in that reserve, and with respect to every such ranger the following provisions shall apply:

Every member of an administering body of a reserve (not being an officer of the Department) shall, by virtue of his or her office, be deemed to be a ranger in an honorary capacity for the purposes of this Act during his or her period of membership of that body, and with respect to every such member the following provisions shall apply:

Every constable shall by virtue of his or her office be deemed to be a ranger appointed by the Minister to exercise his or her duties generally throughout New Zealand.

Every warranted officer within the meaning of the Conservation Act 1987 shall by virtue of that person’s office be deemed to be a ranger appointed by the Minister to exercise duties generally throughout New Zealand.

The Minister may from time to time appoint 1 or more committees for the purposes of this Act, each such committee to exercise on his or her behalf such powers and functions under this Act as may be delegated to it pursuant to section 10, or to advise him or her either as to matters within his or her jurisdiction generally, or in any particular case or matter or any particular class of cases or matters, or on the administration of any reserves or group of reserves. In the exercise of its powers, every committee shall be under the control of the Minister.

A committee may consist entirely of officers of the Department or partly of officers of the Department and partly of other persons, or may consist entirely of persons who are not officers of the Department.

The Minister may appoint the Authority or any conservation board to be a committee for the purposes of this section.

There shall be paid, out of money appropriated by Parliament for the purpose, to the members of any committee who are not members by virtue of being officers of any department of State remuneration by way of fees, salary, or allowances and travelling allowances and expenses in accordance with the Fees and Travelling Allowances Act 1951, and the provisions of that Act shall apply accordingly as if the committee were a statutory board within the meaning of that Act.

The Minister may from time to time delegate any of his or her powers and functions under this Act (not being the power to approve any bylaw) to any individual, committee, body, local authority, or organisation, or to any officer or officers of the Department specified by the Minister, either as to matters within his or her jurisdiction generally, or in any particular case or matter, or any particular class of cases or matters, or in respect of any reserve or reserves.

The officer or officers referred to in subsection (1) may be an officer or officers referred to by name or the officer or officers who for the time being and from time to time hold specified positions in the Department.

Subject to any general or special directions given by the Minister, any person, committee, body, local authority, organisation, or officer to which or to whom any powers have been so delegated may exercise those powers in the same manner and with the same effect as if they had been directly conferred on that person, committee, body, local authority, organisation, or officer by this Act and not by delegation.

Every person, committee, body, local authority, organisation, or officer purporting to act under any delegation under this section shall, in the absence of proof to the contrary, be presumed to be acting within the terms of the delegation.

Any such delegation may at any time be revoked by the Minister in whole or in any part, but that revocation shall not affect in any way anything done under the delegated authority.

No such delegation shall prevent the exercise by the Minister himself or herself of any of the powers and functions conferred on him or her by this Act.

With the consent of the Minister, the Department may from time to time on behalf of the Crown enter into any contracts with persons, on such terms and conditions as it thinks fit, to provide such services or perform such work for any purpose of this Act as the Department may require.

No person shall, by reason only of his or her entering into a contract with the Department under subsection (1), be regarded as being employed in the State services for the purposes of the Public Service Act 2020 or in the Government service for the purposes of the Government Superannuation Fund Act 1956.

Where the Minister considers that any private land or any interest in or over private land or any interest in a Crown lease should be acquired by the Crown for the purposes of a reserve or for the improvement, protection, or extension of or access to an existing reserve, or to establish a public right to wander at will on foot within specified limits in any reserve, or to provide recreational tracks in the countryside,—

provided also that, notwithstanding anything in subsection (2) of section 23 of the Public Works Act 1981, where any Maori land in multiple ownership is proposed to be taken under the Public Works Act 1981 for the purposes of a reserve and the title to the land is not registered under the Land Transfer Act 2017, a copy of the notice and description referred to in subsection (1) of the said section 23 shall be served on the Registrar of the Maori Land Court in accordance with Part 10 of Te Ture Whenua Maori Act 1993, and the provisions of that Part shall apply accordingly.

All land or interests in land acquired by way of purchase or gift or taken as aforesaid shall vest in the Sovereign for the purposes of this Act as a reserve or as an addition to or for the purposes of an existing reserve, as the case may require, and all land acquired by the Minister by way of lease under this section shall during the term of the lease be subject to this Act.

The Minister may purchase, take on lease, or acquire any such land or interest therein for cash, or by instalments with or without interest, or by gift, or by way of exchange of Crown land, subject in the last-mentioned case to the approval of the Commissioner of Crown Lands appointed under section 12A of the Survey Act 1986 being first obtained.

Subject to sections 78, 82, 83, 84, 89, 90, 95, 105, and 110, the purchase price of any land, or any interest in land, or any right of way or other easement, or equality of exchange, or rent for land leased, or the compensation money payable in respect of any land or interest in land acquired or taken as aforesaid shall be paid out of money appropriated by Parliament.

The Minister may, with the prior written agreement of a local authority, declare by notice in the Gazette that a reserve, or any part of a reserve,—

The notice must be registered in the office of the Registrar-General of Land.

In order to protect values of national or international importance the Governor-General may, by Order in Council made on the recommendation of the Minister, declare that any reserve that has been classified pursuant to section 16 shall be a national reserve.

Where any reserve has been declared to be a national reserve under subsection (1), neither that declaration nor the classification of that reserve under section 16 shall be changed except by Act of Parliament.

Before the Minister recommends to the Governor-General that an Order in Council be made under subsection (1),—

In any case where a reserve that the Minister considers should be declared a national reserve is one which another Minister of the Crown or Heritage New Zealand Pouhere Taonga has been appointed to control and manage, he or she shall obtain the consent of that other Minister or, as the case may be, of the Trust before making any recommendation to the Governor-General that an Order in Council be made under subsection (1).

When a reserve has been declared by Order in Council to be a national reserve the reserve shall—

in order to provide for the application of management policies to protect the values of national or international significance and for the co-ordination of management with other national reserves.

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

Subject to this section, any local authority may by resolution declare any land vested in it to be a reserve within the meaning of this Act subject to any conditions specified in the resolution, to be held for any of the purposes specified in sections 17 to 23.

No such resolution shall be passed before the expiration of 1 month after notice of intention to pass the same and calling for objections thereto in writing has been published in 1 or more newspapers circulating in its district, and until it has considered all such objections received within that period:

provided that such a notice of intention shall not be necessary where a district plan makes provision for the use of the land as a reserve or the land is designated as a proposed reserve under an operative district plan under the Resource Management Act 1991.

A copy of the resolution shall be forwarded to the Commissioner for transmission to the Minister, together with all objections (if any) received as aforesaid and the comments of the local authority thereon.

The Minister shall consider the resolution and such objections (if any) as have been received by the local authority and the comments of the local authority thereon, and shall then in his or her discretion either cause the resolution to be gazetted or refuse to do so.

No resolution under this section shall have any force or effect until it is gazetted as aforesaid.

The Minister may, by notice in the Gazette, authorise the exchange of the land comprised in any reserve or any part or parts thereof for any other land to be held for the purposes of that reserve:

provided that this power shall not be exercised with respect to any reserve vested in an administering body except pursuant to a resolution of that body requesting the exchange.

No such resolution shall be passed before the expiration of 1 month after notice of intention to pass the resolution and calling for objections thereto in writing has been published in 1 or more newspapers circulating in the district of the administering body or, as the case may be, in the district or locality the inhabitants of which benefit from or enjoy the reserve, and until the administering body has considered all such objections received within that period. A copy of the resolution shall be forwarded to the Commissioner for transmission to the Minister, and shall be accompanied by all objections received as aforesaid and the comments of the local authority thereon:

provided that such a notice of intention shall not be necessary where, in order to enable the exchange to be made, a change has been made in an operative district plan under the Resource Management Act 1991.

The Minister in the name and on behalf of the Sovereign or the administering body, as the case may require, may do all things necessary to effect any exchange authorised as aforesaid, including the payment of or receipt of any money by way of equality of exchange.

Subject to sections 78, 82, 83, 84, 89, 90, 95, 105, and 110, any money payable by the Crown by way of equality of exchange shall be paid out of money appropriated by Parliament.

The land comprised in any reserve or part thereof given by way of exchange pursuant to this section shall upon the exchange being effected be no longer subject to any reservation theretofore affecting it.

The land acquired by the Crown or by the administering body, as the case may be, by way of that exchange shall be held as a reserve under this Act or as part of an existing reserve, as the case may be, subject to the same control and management and for the same objects and purposes as those for which the land given in exchange was held.

Nothing in section 40 of the Public Works Act 1981 applies to the exchange of land under this section.

A person may apply to the administering body of a recreation reserve to exchange all or part of the land comprised in the reserve (the recreation reserve land) for other land to be held for the same purposes if—

If an application is made under subsection (1)(a)(i), subsection (4) applies if—

If an application is made under subsection (1)(a)(ii), subsection (4) applies if—

If this subsection applies, the administering body must—

The administering body must not grant the application unless—

If the administering body authorises the exchange, section 15(3) to (8) applies as if the exchange were an exchange effected under section 15.

The Minister may approve statements of general policy for the implementation of this Act and for any reserve or reserves of any class or description; and may from time to time amend any such statement in the light of changing circumstances or increased knowledge.

Nothing in any such general policy shall derogate from any provision in this Act or any other Act.

The administering body shall in the exercise of its functions comply with general policies under this section.

For the purposes of this section, sections 17B (except subsections (1) and (2)) and 17N (except subsection (2)) of the Conservation Act 1987 shall, with any necessary modifications, apply with respect to such general policies, subject to the following provisions:

To ensure the control, management, development, use, maintenance, and preservation of reserves for their appropriate purposes, the Minister shall, by notice in the Gazette, classify according to their principal or primary purpose, as defined in sections 17 to 23,—

and for the purposes of this section, the Minister may classify part of a reserve for one purpose and the other part or parts of the same reserve for any other purpose or purposes:

provided that, where a reserve is controlled or managed by an administering body, the Minister shall not classify the reserve under this subsection without consulting the administering body.

Notwithstanding subsection (1), where a resolution is gazetted under section 14(4), the reserve shall, without further notice or gazetting, be held and administered for the purpose specified in the resolution, and shall be deemed to be classified accordingly.

Notwithstanding subsection (1), where any reserve was—

and is or remains vested in a local authority, that local authority shall, by resolution, classify the reserve according to its principal or primary purpose, as defined in sections 17 to 23.

Any local authority that classifies a reserve in accordance with subsection (2A) shall forthwith give notice of that classification to the Commissioner.

The Minister may, by notice in the Gazette, declare that any land—

is held under this Act as a reserve and—

and, subject to this Act, the land shall therefore be so held.

The Minister may, by notice in the Gazette, declare that any land—

is held under this Act as a reserve and—

and, subject to this Act, the land shall thereafter be so held.

Where any boundary of any land identified in Schedule 4 is defined in any document referred to in the third column of that schedule, the boundary defined in the document shall be conclusive for the purposes of this Act.

Where any boundary of any land identified in the said Schedule 4 is not defined in any document referred to in that schedule, the Minister shall describe the land in the notice under subsection (2C) or subsection (2D) after having regard—

If the boundary of any land cannot be ascertained in accordance with subsection (2E) or subsection (2F), the Minister shall describe the land in the notice under subsection (2C) or subsection (2D) after consultation with such persons or organisations as the Minister considers appropriate and after having regard to such documents as he or she considers appropriate.

Notwithstanding subsections (2E), (2F), and (2G), the Minister may, by notice in the Gazette, make any necessary or practical or appropriate adjustments to the description of any land under this section.

In classifying any reserve as a government purpose or local purpose reserve, the Minister or the local authority, as the case may be, shall specify as part of that classification the particular purpose or purposes for which the reserve is classified.

Before classifying any reserve under subsection (1), the Minister shall give public notice in accordance with section 119 specifying the classification proposed, and shall give full consideration in accordance with section 120 to all objections against and submissions in relation to the proposal received pursuant to the said section 120.

Notwithstanding subsection (4), no such public notice shall be necessary where—

Subject to subsection (7), every existing reserve shall be held and administered for the purpose of its existing reservation, and the administering body shall continue to control and manage the reserve under the appropriate provisions of this Act pending its classification under subsection (1).

Where any existing reserve was, immediately before the commencement of this Act, a domain under the Reserves and Domains Act 1953 or any corresponding former Act, it shall be controlled and managed under the provisions of this Act relating to recreation reserves, pending its classification under this Act. Every such reserve shall be controlled and managed, by its domain board, in accordance with the following provisions:

When classified under this section, each reserve shall be held and administered for the purpose or purposes for which it is classified and for no other purpose.

Classification of a reserve under subsection (1) shall not, unless the Minister in the notice otherwise directs, affect the appointment or term of the administering body controlling and managing the reserve or of any member thereof.

The Minister, or the territorial authority or regional council in the case of a reserve vested in a territorial authority or regional council, may, from time to time, by notice in the Gazette, declare that a reserve shall be known by such name as is specified in the notice, and the Minister or the territorial authority or the regional council, as the case may be, may in like manner change the name of any reserve. Any change of name shall not affect the appointment or term of the administering body controlling the reserve or any member thereof:

provided that the Minister shall not change the name of a reserve that is controlled and managed by an administering body without consulting that administering body.

Before the Minister gives notice in the Gazette under subsection (10), the Minister must refer the proposed name to the New Zealand Geographic Board Ngā Pou Taunaha o Aotearoa under section 27(2) or 30 of the New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008, as the case may be.

Notwithstanding anything in subsections (1) to (10),—

This section is subject to section 16A in respect of the classification of nature and scientific reserves.

Despite section 16, on and from the commencement of the Crown Minerals Amendment Act 2013,—

The Minister may recommend to the Governor-General that an Order in Council be made to name and classify a reserve as a nature reserve or as a scientific reserve if the principal or primary purpose of the reserve is the same as that specified for—

The Governor-General may, by Order in Council made on the recommendation of the Minister, name and classify a reserve as a nature reserve or as a scientific reserve.

Before making a recommendation under subsection (2), the Minister must—

When classified under this section, each reserve must be held and administered for the purpose or purposes for which it is classified and for no other purpose.

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

It is hereby declared that the appropriate provisions of this Act shall have effect, in relation to reserves classified as recreation reserves, for the purpose of providing areas for the recreation and sporting activities and the physical welfare and enjoyment of the public, and for the protection of the natural environment and beauty of the countryside, with emphasis on the retention of open spaces and on outdoor recreational activities, including recreational tracks in the countryside.

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

It is hereby declared that the appropriate provisions of this Act shall have effect, in relation to reserves classified as historic reserves, for the purpose of protecting and preserving in perpetuity such places, objects, and natural features, and such things thereon or therein contained as are of historic, archaeological, cultural, educational, and other special interest.

It is hereby further declared that, having regard to the general purposes specified in subsection (1), every historic reserve shall be so administered and maintained that—

provided that nothing in paragraph (c) shall authorise the doing of anything with respect to fauna or wildlife that would contravene any provision of the Wildlife Act 1953 or any regulations or Proclamation or notification under that Act, and nothing in this subsection shall authorise 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.

It is hereby declared that the appropriate provisions of this Act shall have effect, in relation to reserves classified as scenic reserves—

It is hereby further declared that every scenic reserve classified for the purposes specified in subsection (1)(a) shall be so administered and maintained under the appropriate provisions of this Act that—

It is hereby further declared that every scenic reserve classified for the purposes specified in subsection (1)(b) shall be so administered and maintained under the appropriate provisions of this Act that—

It is hereby declared that the appropriate provisions of this Act shall have effect, in relation to reserves classified as nature reserves, for the purpose of protecting and preserving in perpetuity indigenous flora or fauna or natural features that are of such rarity, scientific interest or importance, or so unique that their protection and preservation are in the public interest.

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

For the purposes of subsection (2)(c), where the foreshore of any nature 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.

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.

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—

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.

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.

It is hereby declared that the appropriate provisions of this Act shall have effect, in relation to reserves classified as government purpose reserves for the purpose of providing and retaining areas for such government purpose or purposes as are specified in any classification of the reserve.

For the avoidance of doubt, and without limiting the purposes for which a government purpose reserve may be classified, it is hereby declared that a reserve may be classified as a government purpose reserve for wildlife management or for other specified wildlife purposes.

Where any Minister of the Crown other than the Minister of Conservation is appointed to control and manage any government purpose reserve or any part thereof, the reserve or that part, as the case may be, may by that notice be made subject to the provisions of any other Act or Acts administered by the first-mentioned Minister in addition to being subject to this Act, but shall remain a reserve, and that Minister may expend out of the money appropriated by Parliament in respect of the administration of that other Act such sum or sums as he or she thinks fit on the maintenance and improvement and development of the reserve.

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

Subject, in the case of a government purpose reserve for railway purposes, to the Government Railways Act 1949, the administering body of a government purpose reserve or the Minister appointed to control and manage a government purpose reserve or any part thereof may from time to time, by notice in the Gazette, prohibit access to the whole or part of the reserve, or, as the case may be, the whole or any specified part of that part of the reserve, and no person shall be entitled to enter the reserve or, as the case may be, the part specified in the notice, except under the authority of a permit granted under section 48A or a permit issued by the administering body or that Minister.

It is hereby declared that the appropriate provisions of this Act shall have effect, in relation to reserves classified as local purpose reserves for the purpose of providing and retaining areas for such local purpose or purposes as are specified in any classification of the reserve.

It is hereby further declared that, having regard to the specific local purpose for which the reserve has been classified, every local purpose reserve shall be so administered and maintained under the appropriate provisions of this Act that—

Where a local purpose reserve is vested in a local authority or where the administering body is a local authority, it may from time to time, by public notice, 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, that part, except under the authority of a permit issued by the local authority.

Where a local purpose reserve is not vested in a local authority and a local authority has not been appointed to control and manage it, the Minister may from time to time, by public notice, 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, that part, except under authority of a permit issued by the Minister.

Subject to section 13(2), where—

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.

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

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.

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.

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.

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.

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).

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.

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—

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

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

Notwithstanding section 24, where any local purpose reserve is vested in a territorial authority or regional council, that territorial authority or regional council may, by notice in the Gazette, change the purpose for which that reserve is classified within its classification as a local purpose reserve.

Before the specified purpose of any local purpose reserve is changed pursuant to subsection (1),—

Nothing in subsection (2) shall apply in any case where the reason for the proposed change of purpose is to bring the specific purpose for which the reserve is classified into conformity with—

Upon the revocation of the reservation of any public reserve or of any part thereof pursuant to section 24, the land comprised therein shall, if vested in the Crown or in any local authority or trustees deriving title from the Crown, become Crown land available for disposal under the Land Act 1948, and in any other case may be disposed of in such manner and for such purpose as may be specified by the Minister.

Upon any change of classification or purpose or revocation of reservation in respect of any reserve, the land specified in the Gazette notice under section 24(1) shall be held subject to such restrictions, encumbrances, liens, and interests as are specified in the notice.

Notwithstanding anything in subsection (1) or subsection (2), where any land the reservation of which is revoked had been transferred to the Crown by way of gift for the purposes of a reserve, the following provisions shall apply:

For the purposes of subsection (1), where any reserve in any county was vested in the Sovereign under section 13 of the Land Subdivision in Counties Act 1946 or section 16 of the Land Act 1924 or section 17 of the Land Laws Amendment Act 1920 or was purchased out of money in the Land for Settlements Account or the Land Settlement Account under section 14(2)(a) of the Land Subdivision in Counties Act 1946 and was later vested in the Corporation of the county as a reserve, the title of the Corporation to that reserve shall be deemed to have been derived by the Corporation otherwise than from the Crown.

For the purposes of subsection (1), where any land has been vested in the Corporation of a local authority as a reserve for the purposes of this Act or any former Act on the subdivision under any enactment, for residential, commercial, or industrial purposes, of any land of the Crown, the title of the local authority to that reserve shall be deemed to have been derived by the Corporation otherwise than from the Crown.

For the better carrying out of the purposes of any reserve (not being a government purpose reserve) vested in the Crown, the Minister may, by notice in the Gazette, vest the reserve in any local authority or in any trustees empowered by or under any Act or any other lawful authority, as the case may be, to hold and administer the land and expend money thereon for the particular purpose for which the reserve is classified.

All land so vested shall be held in trust for such purposes as aforesaid and subject to such special conditions and restrictions as may be specified in the said notice.

Before vesting a reserve under this section, the Minister shall—

Notwithstanding subsection (3), the Minister shall not be required to publicly notify the proposed vesting where—

Where any administering body that is a territorial authority has, before 1 January 1980 been appointed to control and manage any reserve classified under section 16 (whether before or after 1 January 1980) as a recreation reserve or local purpose reserve, that reserve shall, without further authority than this section, vest in that administering body.

All land so vested shall be held in trust for the purpose or purposes for which the reserve is classified.

Where any such administering body wishes to have a record of title issued to it in respect of any reserve vested in that administering body pursuant to subsection (1), the administering body shall, if the Registrar-General of Land so requests, provide the Registrar-General of Land with such evidence as he or she may require of the classification of that reserve and the appointment of that administering body to control and manage that reserve.

Any vesting (whether by any Provincial Ordinance, Act, grant, Order in Council, or in any other manner, and whether before or after the commencement of this Act) in an administering body of any reserve which before that vesting was the property of the Crown may, with the consent of the administering body, be cancelled by the Minister, by notice in the Gazette, and thereupon the land shall cease to be vested in that administering body and shall revest in the Crown subject to the trusts affecting the land and to any valid leases, rights, or easements subsisting thereover at the date of revesting.

If at any time the Minister is satisfied that a breach of the trusts upon which any such reserve is vested has been committed, or that after the expiration of 5 years from the date of the vesting of the reserve the land is not being used for the purpose for which it is vested, whether that period of 5 years has expired before the commencement of this Act or will thereafter expire, or that the administering body has failed to comply with the provisions of this Act, he or she may cause to be served on the administering body a notice in writing stating that unless cause to the contrary is shown in writing within 2 months he or she will cancel the vesting.

If within that period of 2 months the administering body shows cause as aforesaid, the Minister may in his or her discretion either decide to take no further action or he or she may inquire into the question whether or not the vesting should be cancelled.

If the Minister is of the opinion that the vesting should be cancelled, or if within that period of 2 months the administering body does not show cause as aforesaid, the Minister may, by notice in the Gazette, cancel the vesting, and thereupon the reserve shall revest in the Crown subject to the trusts affecting the same and to any valid leases, rights, or easements subsisting thereover at the date of revesting.

On the cancellation of any vesting, any record of title or other instrument of title issued in respect of the reserve must, on the written request of the Commissioner, be noted accordingly by the Registrar-General of Land.

Subsection (1) shall extend and apply with respect to reserves the control of which has been vested in the Minister of Tourism, but subject to the consent of that Minister, and any notice issued cancelling that vesting of control shall have the effect both of removing the land concerned from the control of that Minister and also of removing the land concerned from the operation and provisions of the Tourist and Health Resorts Control Act 1908.

For the better carrying out of the purposes of any reserve vested in the Crown, the Minister may, by notice in the Gazette, appoint any local authority to control and manage the reserve for the particular purpose for which the reserve is classified.

Every appointment of a local authority under this section shall be subject to such special conditions and restrictions as may be specified in the notice in the Gazette, and shall take effect according to the tenor thereof, and every appointment of a local authority and any special conditions and restrictions attached to that appointment may in like manner, by notice in the Gazette, be revoked or amended.

Every local authority appointed under this section shall by virtue of that appointment be authorised to expend and apply money in controlling and managing the reserve in accordance with the particular purpose for which the reserve is classified.

For the better carrying out of the purposes of any reserve vested in the Crown, the Minister may, by notice in the Gazette, appoint a voluntary organisation to control and manage the reserve for the purpose of its classification and in accordance with the appropriate provisions of this Act, and subject to such additional conditions and restrictions as may be specified in the notice. A notice under this section shall take effect according to its tenor, and may at any time be in like manner amended or revoked.

For the better carrying out of the purposes of any reserve vested in the Crown, the Minister may, by notice in the Gazette, appoint such persons as he or she thinks fit to be a reserves board, trust, trust board, or other special board to control and manage the reserve for the purpose of its classification and in accordance with the appropriate provisions of this Act, and subject to such additional conditions or restrictions as may be specified in the notice. Every such notice shall take effect according to its tenor. Any person so appointed may be appointed by virtue of any office.

Notwithstanding anything in section 10, the Minister may from time to time, by notice in the Gazette, authorise the Commissioner to appoint, by instrument under his or her hand publicly notified once in 1 or more newspapers circulating in the locality in which the reserve is situated, such persons as the Commissioner thinks fit, not exceeding 9 in number, to be a reserves board to control and manage any reserve specified in the Gazette notice. A reserves board so appointed shall control and manage the reserve for the purpose of its classification in accordance with the appropriate provisions of this Act, and subject to such additional conditions and restrictions as may be specified in the instrument. Every such notice shall take effect according to its tenor. Any person so appointed may be appointed by virtue of any office.

The Minister, or the Commissioner, as the case may be, may, by the notice appointing those persons or by a subsequent notice under his or her hand, appoint one of them to be chairperson of the board for the term of his or her appointment or for such period as the Minister or the Commissioner, as the case may be, thinks fit:

provided that the Minister or the Commissioner, as the case may be, may from time to time, by notice under his or her hand, remove any chairperson from his or her office as such and appoint a new chairperson in his or her place.

The Minister may from time to time, by notice in the Gazette, or, in any case to which subsection (2) applies, the Commissioner may by instrument under his or her hand publicly notified once in 1 or more newspapers circulating in the locality in which the reserve is situated, make such additional appointments of members as he or she thinks necessary, but the appointments made by the Commissioner shall not increase the number of members of the board to more than 9. Those members shall be appointed for the remainder of the term for which the board was originally appointed.

The Minister or the Commissioner, as the case may be, may from time to time by like notice reduce the number of members of any board, and for that purpose may revoke the appointments of such members as may thereby be rendered necessary.

The Minister or the Commissioner, as the case may be, may from time to time by a like notice revoke the appointment of any board or of any member of any board.

Notwithstanding anything in subsection (2) or subsection (4), where there is no newspaper circulating in the locality in which the reserve is situated, an instrument under the said subsection (2) or subsection (4) shall be notified once in the Gazette.

There shall be paid, out of money appropriated by Parliament for the purpose, to the members of any reserves board, trust, trust board, or other special board appointed under subsection (1) who are not members by virtue of being officers of any department of State remuneration by way of fees, salary, or allowances and travelling allowances and expenses in accordance with the Fees and Travelling Allowances Act 1951, and the provisions of that Act shall apply accordingly as if the reserves board, trust, trust board, or other special board, as the case may be, were a statutory board within the meaning of that Act.

The following provisions shall apply with respect to every appointed member of any board, namely:

The first meeting of any board appointed after the commencement of this Act shall be held not later than 2 months after the date of the gazetting or publication of the notice appointing the board.

An annual meeting of the board must be held within 2 months after the end of the financial year.

Other meetings shall be held as the board determines from time to time.

A special meeting of the board may at any time be convened by the chairperson, and the chairperson shall call a special meeting whenever requested to do so in writing by 2 members of the board:

provided that not less than 7 clear days’ notice of every special meeting and of the business to be transacted thereat shall be given to each member, and no business other than that specified in the notice shall be transacted at any such meeting.

Where the chairperson of the board has not been appointed by the Minister or by the Commissioner, as the case may be, under section 30(3), then, at the first meeting of the board and at every annual meeting and as often as the office of chairperson becomes vacant, the members shall elect one of their number to be chairperson, who, while he or she continues to be a member of the board, shall hold office as such until the appointment of his or her successor.

The chairperson shall preside at each meeting of the board at which he or she is present, but in his or her absence from any meeting the members present shall elect a member to act as chairperson at that meeting.

The member presiding at any meeting shall have a deliberative vote, and in the case of an equality of votes shall also have a casting vote.

No business shall be transacted at any meeting of the board unless at least a quorum of members (whether voting or not) is present thereat during the whole time at which the business is transacted.

A quorum shall consist of half of the whole number of the members of the board (irrespective of any vacancies) when that number is even and a majority of the members when that number is odd.

Every question before the board shall be determined by a majority of the votes of the members present and voting on that question.

Subject to this Part, every board may regulate its own proceedings.

A contract which, if made by private persons, is not enforceable unless made in writing signed by the persons to be charged therewith may be made on behalf of the board in writing signed by any person acting under its authority, express or implied.

A contract which, if made by private persons, may be made orally, may be made orally on behalf of the board by any person acting under its authority, express or implied.

The members of any board shall not be personally liable for any act done or omitted to be done in good faith in the course of the operations of the board or for any debt or other liability lawfully incurred by the board.

For the better carrying out of the purposes of any reserve vested in the Crown, the Minister may, by notice in the Gazette, appoint any trustees (being empowered by or under any Act or other lawful authority to administer land and expend money thereon) or any Maori Trust Board to control and manage the reserve for the purpose of its classification and in accordance with the appropriate provisions of this Act, and subject to such additional conditions and restrictions as may be specified in the notice. Every such notice shall take effect according to its tenor, and may at any time in like manner be amended or revoked.

For the better carrying out of the purposes of any reserve vested in the Crown, the Minister may, by notice in the Gazette, appoint any other Minister of the Crown to control and manage the reserve, or any part of the reserve, for the purpose of its classification and in accordance with the appropriate provisions of this Act, and with such powers and subject to such conditions and restrictions as may be specified in the notice. A notice under this subsection shall take effect according to its tenor, and may at any time be in like manner amended or revoked.

Where any Minister of the Crown other than the Minister of Lands is appointed under this section to control and manage any reserve or part thereof, the reserve may by that notice be made subject to any other Act administered by the first-mentioned Minister in addition to being subject to this Act, but shall remain a reserve, and that Minister may expend out of money appropriated by Parliament in respect of the administration of that other Act such sum or sums as he or she thinks fit on the maintenance and improvement and development of the reserve.

An administering body appointed under this Act to control and manage any reserve of a specified classification may be appointed to control and manage any other reserve, whether of the same classification or not.

The Minister, or an administering body of a reserve with the consent of the Minister, may also control and manage any land that is not a reserve (including any Maori reservation) for any of the purposes specified in sections 17 to 23:

provided that the administering body shall not control and manage any land under this subsection except with the agreement of the owner, trustee, or controlling authority of the land to the appointment and to the use of the land for that specified purpose, and subject to such terms and conditions as to the use of the land as are approved by the Minister and the owner, trustee, or controlling authority of the land:

provided further that the Minister shall not control and manage any land under this subsection except with the agreement of the owner, trustee, or controlling authority of the land to the use of the land for that specified purpose.

For the better carrying out of the purposes of this Act, the Minister may, by notice in the Gazette, appoint such persons, trustees (including trustees appointed under section 438 of the Maori Affairs Act 1953), trust, voluntary organisation, Maori Trust Board, or Maori incorporation as he or she thinks fit to be an administering body to control and manage any land which is not a reserve (including any Maori reservation) for any of the purposes specified in sections 17 to 23:

provided that an administering body shall not be appointed under this subsection except with the agreement of the owner, trustee, or controlling authority of the land to the appointment and to the use of the land for that specified purpose, and subject to such terms and conditions as to the use of the land as are approved by the Minister and the owner, trustee, or controlling authority of the land.

While an arrangement as aforesaid remains in force, sections 93 to 105 shall, as far as they are applicable and with the necessary modifications, apply to that land in all respects as if it were a reserve under this Act:

provided that in their application to any such land sections 93 to 105 shall be read subject to any agreement between the owner, lessee, or licensee of the land and the Minister preserving to the owner, lessee, or licensee the right to do any act or thing forbidden by this Act.

The Minister may provide, with or without charge, advice, guidance, and technical and related assistance or services to—

A board may, with the consent of the Minister of Finance, dispense with preparing any of the statements referred to in section 150, section 153, or section 154 of the Crown Entities Act 2004.

The consent may be given on any conditions the Minister thinks fit (which may include a requirement that the financial statements of any board include other statements, figures, or accounts in place of the statements dispensed with).

The Minister must not give a consent unless satisfied on reasonable grounds that in all the circumstances the preparation of all the statements referred to in subsection (1)—

If a board is not a specified not-for-profit entity,—

This section is subject to section 39A.

The administering body shall be charged with the duty of administering, managing, and controlling the reserve under its control and management in accordance with the appropriate provisions of this Act and in terms of its appointment and the means at its disposal, so as to ensure the use, enjoyment, development, maintenance, protection, and preservation, as the case may require, of the reserve for the purpose for which it is classified.

Every administering body of a reserve that includes any part of the Wanganui River shall, in carrying out its functions, have regard to the spiritual, historical, and cultural significance of the river to the Whanganui iwi.

Every conservation management strategy shall implement statements of general policy and establish objectives for the management of reserves administered by the Department under this Act.

Nothing in any conservation management strategy shall derogate from the relevant provisions of this Act or the purpose for which a reserve is held.

The Department shall manage such reserves in accordance with conservation management strategies.

While any conservation management strategy affecting a reserve administered by the Department is in force, conservation management plans in respect of that reserve—

The purpose of a conservation management plan under this section is to implement conservation management strategies and to establish objectives for the management of a reserve or reserves administered by the Department, according to the purpose or purposes for which that reserve is classified or those reserves are classified.

Nothing in section 41 shall apply in respect of any conservation management plan under this section.

Any such plan may relate to any reserve or reserves of any classification.

The Department shall manage such reserves in accordance with conservation management plans.

Nothing in any conservation management plan shall derogate from any provision in—

Every management plan in force at the commencement of this section, that has been approved under section 41 in respect of a reserve administered by the Department, is hereby deemed to be approved as a conservation management plan under this section, and shall have effect accordingly.

Every draft management plan that, at the commencement of this section, is proposed to be approved under section 41 in respect of a reserve administered by the Department, is hereby deemed to be a draft conservation management plan prepared under this section, and may be approved accordingly.

For the purposes of this section, sections 17E (except subsections (1), (4), and (6)), 17G, 17H, 17I, and 17N of the Conservation Act 1987 shall, with any necessary modifications, apply with respect to management plans under this section.

The administering body shall, within 5 years after the date of its appointment or within 5 years after the commencement of this Act, whichever is the later, prepare and submit to the Minister for his or her approval a management plan for the reserve under its control, management, or administration.

The Minister may extend the time within which an administering body is required to submit its management plan to him or her for approval, where he or she is satisfied with the progress the administering body has made with the preparation of its management plan.

The management plan shall provide for and ensure the use, enjoyment, maintenance, protection, and preservation, as the case may require, and, to the extent that the administering body’s resources permit, the development, as appropriate, of the reserve for the purposes for which it is classified, and shall incorporate and ensure compliance with the principles set out in section 17, section 18, section 19, section 20, section 21, section 22, or section 23, as the case may be, for a reserve of that classification.

The administering body of any reserve shall keep its management plan under continuous review, so that, subject to subsection (3), the plan is adapted to changing circumstances or in accordance with increased knowledge; and the Minister may from time to time require the administering body to review its management plan, whether or not the plan requires the approval of the Minister under this section.

Before preparing a management plan for any 1 or more reserves under its control, the administering body shall—

Nothing in subsection (5) shall apply in any case where the administering body has, by resolution, determined that written suggestions on the proposed plan would not materially assist in its preparation.

Every management plan shall be prepared by the administering body in draft form in the first place, and the administering body shall—

Where under subsection (4) the Minister requires an administering body to review its management plan, he or she may direct that the administering body follow the procedure specified in subsections (5) and (6), and the administering body shall follow that procedure accordingly as if the review were the preparation of a management plan.

Where in terms of its responsibilities under this Act the administering body of any reserve resolves to undertake a comprehensive review of its management plan, the administering body shall follow the procedure specified in subsections (5) and (6) as if the review were the preparation of a management plan.

Where under subsection (4) the administering body considers any change not involving a comprehensive review to its management plan is required, it may, if it thinks fit, follow the procedure specified in subsections (5) and (6).

The administering body or committee or person before which or whom any person appears at any hearing in support of any objection or comments shall determine its or his or her own procedure at the hearing.

The administering body shall in the exercise of its functions comply with the management plan for the reserve and any amendment thereof, being, in the case of a plan or an amendment that requires the approval of the Minister, a plan or an amendment so approved.

No approval by the Minister for the purposes of this section shall operate as an approval or a consent for any other purpose of this Act.

Where a recreation reserve is vested in a local authority or a local authority is appointed to control and manage a recreation reserve, the local authority shall not be required to submit its management plan to the Minister for approval, unless the terms of vesting or of appointment to control and manage the reserve so require:

provided that the local authority shall make its management plan available for inspection by or on behalf of the Minister whenever so required.

The Minister may, by notice to them, require the administering bodies of reserves in any locality to consult with each other in the preparation of their management plans so that the management plans are integrated for the benefit of the locality.

Where under this Act the approval or consent of the Minister is required to any action by an administering body, the Minister may, at his or her discretion, refuse to grant his or her approval or consent unless and until the administering body has submitted its management plan for approval (whether or not the plan otherwise requires the approval of the Minister under this section) and the plan has been approved by him or her.

This section shall not apply in respect of any government purpose reserve or local purpose reserve unless the reserve is vested in an administering body or an administering body is appointed to control and manage the reserve, and the Minister in the notice of vesting or notice to control and manage directs that this section is to apply in respect of the reserve.

The trees and bush on any historic reserve or scenic reserve or nature reserve or scientific reserve shall not be cut or destroyed, except in accordance with a permit granted under section 48A or with the express consent in writing of the Minister and subject to such terms and conditions as the Minister may determine, including (as appropriate) the method of cutting, extraction, and restoration.

The trees or bush on any recreation reserve, or government purpose reserve, or local purpose reserve shall not be cut or destroyed, except in accordance with a permit granted under section 48A or unless the administering body of the reserve is satisfied that the cutting or destruction is necessary for the proper management or maintenance of the reserve, or for the management or preservation of other trees or bush, or in the interests of the safety of persons on or near the reserve or of the safety of property adjoining the reserve, or that the cutting is necessary to harvest trees planted for revenue producing purposes.

Where in the case of any recreation reserve or government purpose reserve or local purpose reserve the administering body is satisfied that the cutting or destruction of trees or bush is necessary for any of the reasons mentioned in subsection (2), the administering body shall not proceed with the cutting or destruction and extraction except in a manner which will have a minimal impact on the reserve and until, as circumstances warrant, provision is made for replacement, planting, or restoration; and the administering body shall not proceed to authorise the cutting or destruction, except subject to conditions as to the method of cutting or destruction and extraction which will have minimal impact on the reserve and, as circumstances warrant, replacement, planting, or restoration; and any other conditions which the administering body considers to be appropriate in the circumstances.