Plain language law

New Zealand law explained for everyone

National Parks Act 1980

National parks - Establishment, exclusion of land from, and definition of parks

7: Constitution of other national parks and addition of land to national parks

You could also call this:

"Creating new national parks and making existing ones bigger"

The Governor-General can create new national parks or add land to existing ones through an Order in Council. This can be done based on the Minister's recommendation. The land that can be turned into a national park includes conservation areas, land managed by tourist and health resorts, certain reserves, and land bought by the government for national parks.

You can also add foreshore areas to national parks. The Governor-General can give names to new national parks or change the names of existing ones.

Before the Minister makes a recommendation, they need to get advice from the National Parks and Reserves Authority. The Authority must talk to the relevant National Park Board first.

If the Minister wants to name or rename a national park, they must first ask the New Zealand Geographic Board Ngā Pou Taunaha o Aotearoa for their input.

For land managed by tourist and health resorts to become a national park, both the Minister and the Minister of Tourism need to agree.

To make foreshore areas part of a national park, the Minister and the Minister of Transport need to agree. If a regional council manages the foreshore under the Resource Management Act 1991, you also need their permission.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM37904.

Topics:
Environment and resources > ConservationGovernment and voting > Government departments
Previous

6: Existing national parks, or

"The law lists the national parks that existed when it started"

Next

8: Investigation of proposals to add to parks or establish new parks, or

"Exploring ideas for new parks or making current parks bigger"

Part 1National parks
Establishment, exclusion of land from, and definition of parks

7Constitution of other national parks and addition of land to national parks

  1. Subject to subsections (2) to (6), the Governor-General may from time to time, by Order in Council made on the recommendation of the Minister,—

  2. declare that any land of the Crown described in the order, being—shall be a national park subject to this Act:
    1. any conservation area; or
        1. any land subject to the Tourist and Health Resorts Control Act 1908 or the Tourist Hotel Corporation Act 1974; or
          1. any reserve vested in the Sovereign subject to the Reserves Act 1977; or
            1. any land acquired by the Crown for national park purposes,—
            2. add any such land to any park:
              1. declare that any foreshore described in the order shall be a national park or be added to any park:
                1. assign a name to any new national park or change the name of any existing national park.

                  1. The Minister shall not make any recommendation under subsection (1) except on the recommendation of the Authority made after consultation with the appropriate Board (if any).

                  2. Before making a recommendation under subsection (1)(d), 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.

                  3. Repealed

                  4. No land subject to the Tourist and Health Resorts Control Act 1908 or the Tourist Hotel Corporation Act 1974 shall be declared to be a park or to be added to any park, except on the joint recommendation of the Minister and the Minister of Tourism.

                  5. Repealed

                  6. No foreshore shall be declared to be a park or to be added to any park, except on the joint recommendation of the Minister and the Minister of Transport, and, where the foreshore is under the control of a regional council under the Resource Management Act 1991, except with the consent of that body.

                  Notes
                  • Section 7(1)(a)(i): replaced, on , by section 65(1) of the Conservation Act 1987 (1987 No 65).
                  • Section 7(1)(a)(ii): repealed, on , by section 65(1) of the Conservation Act 1987 (1987 No 65).
                  • Section 7(1)(a)(iv): editorial change made by the PCO, on , under sections 86(1) and 87(a) of the Legislation Act 2019 (2019 No 58).
                  • Section 7(2A): inserted, on , by section 38 of the New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008 (2008 No 30).
                  • Section 7(3): repealed, on , by section 65(1) of the Conservation Act 1987 (1987 No 65).
                  • Section 7(5): repealed, on , by section 362 of the Resource Management Act 1991 (1991 No 69).
                  • Section 7(6): replaced, on , by section 362 of the Resource Management Act 1991 (1991 No 69).
                  • Section 7(6): amended, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).