Reserves Act 1977

2: Interpretation

You could also call this:

"What special words mean in the Reserves Act 1977"

Illustration for Reserves Act 1977

When you read the Reserves Act 1977, you need to know what some words mean. The Act says an activity can be a trade, business, or occupation. An administering body is a group of people who help manage a reserve. An animal is any living thing, except a human. The Act also talks about things like concessions, conservation, and the environment. You can find more information about these terms in the Act.

The Act explains what a reserve is. A reserve is land set aside for a public purpose. This can include parks, forests, and other areas that are protected for the public to use. The land can be owned by the government or by a private person. The Act says how reserves can be created and managed.

There are many other terms defined in the Act, such as flora, fauna, and wildlife. Flora refers to plants, while fauna refers to animals. Wildlife means animals that are living in a wild state. The Act also talks about things like leases, licenses, and permits. These are ways that people can use land or resources for a specific purpose.

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 It might be out of date or be missing some parts.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=DLM444310.


Previous

1: Short Title and commencement, or

"The name and start date of the Reserves Act 1977 law."


Next

3: General purpose of this Act, or

"This law helps protect New Zealand's special areas for you and the public to enjoy."

2Interpretation

  1. In this Act, unless the context otherwise requires,—

    activity includes a trade, business, or occupation

      administering body, in relation to any reserve, means the board, trustees, local authority, society, association, voluntary organisation, or person or body of persons, whether incorporated or not, appointed under this Act or any corresponding former Act to control and manage that reserve or in which or in whom that reserve is vested under this Act or under any other Act or any corresponding former Act; and includes any Minister of the Crown (other than the Minister of Conservation) so appointed

        animal means any mammal, bird, reptile, amphibian, fish (including shellfish) or related organism, insect, crustacean, or organism of every kind; but does not include a human being

          applicable financial reporting standard has the same meaning as in section 5 of the Financial Reporting Act 2013

            Authority means the New Zealand Conservation Authority established under section 6A of the Conservation Act 1987

              board means any reserves board, trust, trust board, or other special board appointed under this Act or any corresponding former Act

                boat means every description of vessel (including barges, rafts, lighters, and like vessels) used in navigation, however propelled

                  Commissioner, in relation to any reserve, means an officer designated by the Director-General for the purposes of this Act

                    concession or concession document

                    1. means—granted under section 59A; and
                      1. a lease; or
                        1. a licence; or
                          1. a permit; or
                            1. an easement—
                            2. includes any activity authorised by the concession document

                              concessionaire means a person who is—under section 59A

                              1. a lessee; or
                                1. a licensee; or
                                  1. a permit holder; or
                                    1. the grantee of an easement—

                                      conservation board means a conservation board established under section 6L of the Conservation Act 1987

                                        conservation management plan means a conservation management plan approved under section 40B

                                          conservation management strategy means a conservation management strategy approved under section 17F of the Conservation Act 1987

                                            Crown land has the same meaning as in the Land Act 1948

                                              Crown lease means any lease or licence granted under the Land Act 1948 or under any former Land Act; and lessee, in relation to any Crown land, has a corresponding meaning

                                                Department means the Department of Conservation

                                                  Director-General means the Director-General of Conservation

                                                    fauna means animals of any kind

                                                      financial statements has the same meaning as in section 6 of the Financial Reporting Act 2013

                                                        flora means plants of any kind

                                                          foreshore means all land lying between the high-water mark of the sea at ordinary spring tides and its low-water mark at ordinary spring tides

                                                            generally accepted accounting practice has the same meaning as in section 8 of the Financial Reporting Act 2013

                                                              Heritage New Zealand Pouhere Taonga means the Crown entity established by section 9 of the Heritage New Zealand Pouhere Taonga Act 2014

                                                                infringement fee, in relation to an infringement offence, means the infringement fee for the offence prescribed in regulations made under this Act

                                                                  infringement offence means—

                                                                  1. an offence in sections 105B to 105I; or
                                                                    1. an offence against regulations or bylaws made under this Act that is declared by regulations to be an infringement offence

                                                                      Land Settlement Board means the Land Settlement Board established by the Land Act 1948

                                                                        lease, in relation to a reserve vested in the Crown,—and lessee has a corresponding meaning

                                                                        1. means—
                                                                          1. a grant of an interest in land that—
                                                                            1. gives exclusive possession of the land; and
                                                                              1. makes provision for any activity on the land that the lessee is permitted to carry out:
                                                                              2. any document purporting to be a lease (whether or not the document gives the lessee exclusive possession of the land concerned) and issued under any enactment passed before the commencement of section 2 of the Reserves Amendment Act 1996:
                                                                                1. any document purporting to be a lease (whether or not the document gives the lessee exclusive possession of the land concerned) and issued under this Act before the commencement of the said section 2; but
                                                                                2. does not include a licence referred to in paragraph (b)(ii) of the definition of the term licence;—

                                                                                  licence, in relation to a reserve vested in the Crown,—and licensee has a corresponding meaning

                                                                                  1. means—
                                                                                    1. a profit à prendre or any other grant that gives a non-exclusive interest in land; or
                                                                                      1. a grant that makes provision for any activity on the land that the licensee is permitted to carry out; and
                                                                                      2. includes—
                                                                                        1. any document purporting to be a licence (whether or not the licence gives an interest, or makes any provision, referred to in paragraph (a)) and issued under any enactment relating to reserves that was passed before the commencement of section 2 of the Reserves Amendment Act 1996; and
                                                                                          1. any document purporting to be a licence and purporting to grant an exclusive interest in land, and issued under this Act before the date of commencement of the said section 2 or issued under any other enactment relating to reserves that was passed before that date; and
                                                                                            1. any document purporting to be a licence (whether or not the licence gives an interest, or makes any provision, referred to in paragraph (a)) and issued under this Act before the commencement of the said section 2;—

                                                                                            local authority means—

                                                                                            1. a territorial authority, a regional council, a river board, a drainage board, and a regional water board; and
                                                                                              1. includes any other public body declared by any other enactment to be a local authority for the purposes of this Act or any corresponding former Act; and
                                                                                                1. includes such other public bodies or classes of public bodies as are from time to time declared by the Minister, by notice in the Gazette, to be local authorities for the purposes of this Act; and
                                                                                                  1. where necessary, includes the Corporation of the district governed by any body that is a local authority for the purposes of this Act by virtue of paragraph (a) or paragraph (b) or paragraph (c)

                                                                                                    manawhenua means customary authority exercised by an iwi or hapu or individual in an identified area

                                                                                                      Maori and Maori land have the same meanings as in Te Ture Whenua Maori Act 1993

                                                                                                        Maori reservation means a Maori reservation constituted under section 338 of Te Ture Whenua Maori Act 1993 or the corresponding provisions of any former Act

                                                                                                          Minister means the Minister of Conservation

                                                                                                            Nga Whenua Rahui kawenata means an agreement entered into under section 77A

                                                                                                              non-GAAP standard has the same meaning as in section 5 of the Financial Reporting Act 2013

                                                                                                                owner, in relation to any land, means the person who is the owner of an estate in fee simple in the land; and, in relation to Crown land that is subject to a lease or licence, means the lessee or licensee

                                                                                                                  permit, in relation to section 59A,—and permit holder has a corresponding meaning

                                                                                                                  1. means a grant of rights to carry out an activity that does not require an interest in land; and
                                                                                                                    1. includes any authorisation or licence granted before the commencement of this definition that granted similar rights;—

                                                                                                                      plant means any angiosperm, gymnosperm, fern, or fern ally; and includes any moss, liverwort, algae, fungus, or related organism

                                                                                                                        private land means any land which is for the time being held in fee simple by any person other than the Sovereign; and includes any Maori land

                                                                                                                          protected New Zealand object has the same meaning as in the Protected Objects Act 1975

                                                                                                                            racecourse reserve means a recreation reserve within the meaning of this Act set apart for racecourse purposes; and includes any reserve within the meaning of this Act set apart as a racecourse reserve under any former Act

                                                                                                                              racing includes trotting

                                                                                                                                racing club includes a jockey club, trotting club, hunt club, and polo club

                                                                                                                                  ranger means any person appointed or deemed to be appointed under section 8 as a ranger for the purposes of this Act

                                                                                                                                    regional council means a regional council within the meaning of the Local Government Act 2002

                                                                                                                                      reserve or public reserve, except as hereinafter provided in this definition, means any land set apart for any public purpose; and includes—but does not include—

                                                                                                                                      1. any land which immediately before the commencement of this Act was a public reserve within the meaning of the Reserves and Domains Act 1953:
                                                                                                                                        1. any land vested in the Crown which after the commencement of this Act is reserved or set apart under Part 12 of the Land Act 1948 or other lawful authority as a reserve, or alienated from the Crown for the purpose of a reserve:
                                                                                                                                          1. any land which after the commencement of this Act is vested in the Crown by or under the authority of any Act as a reserve:
                                                                                                                                            1. any land which after the commencement of this Act is taken, purchased, or otherwise acquired in any manner whatever by the Crown as a reserve or in trust for any particular purpose:
                                                                                                                                              1. any land acquired after the commencement of this Act in any manner by an administering body as a reserve within the meaning of this Act, and any land vested in any local authority which, not theretofore being a public reserve, is by resolution of the local authority pursuant to section 14 declared to be set apart as a reserve:
                                                                                                                                                1. any private land set apart as a reserve in accordance with the provisions of any Act:
                                                                                                                                                  1. any land which immediately before the commencement of this Act was a domain or public domain within the meaning of the Reserves and Domains Act 1953:
                                                                                                                                                    1. any land, other than a national park within the meaning of the National Parks Act 1980, administered under the Tourist and Health Resorts Control Act 1908:
                                                                                                                                                      1. any land taken or otherwise acquired or set apart by the Crown under the Public Works Act 1981 or any corresponding former Act, whether before or after the commencement of this Act, for the purposes of a reserve, a recreation ground, a pleasure ground, an agricultural showground, or a tourist and health resort:
                                                                                                                                                        1. any land taken or otherwise acquired or set apart under the Public Works Act 1981 or any corresponding former Act, whether before or after the commencement of this Act, for any purpose not specified in paragraph (i):
                                                                                                                                                          1. any land to which section 167(4) of the Land Act 1948 applies:
                                                                                                                                                            1. any land taken, purchased, or otherwise in any manner acquired, whether before or after the commencement of this Act, by a local authority, unless the land is acquired subject to a trust or a condition that it shall be held by the local authority as a reserve:
                                                                                                                                                              1. any Maori reservation

                                                                                                                                                                specified not-for-profit entity has the same meaning as in section 46 of the Financial Reporting Act 2013

                                                                                                                                                                  territorial authority means a territorial authority within the meaning of the Local Government Act 2002

                                                                                                                                                                    trustees includes a body corporate

                                                                                                                                                                      vehicle means a contrivance equipped with wheels or revolving runners upon which it moves or is moved; and includes a contrivance from which the road wheels or revolving runners have been removed

                                                                                                                                                                        voluntary organisation means any body of persons (whether incorporated or not) not formed for private profit

                                                                                                                                                                          wharf includes all wharves, quays, piers, and jetties on or from which passengers or goods may be taken on board or landed from boats

                                                                                                                                                                            wildlife means all animals that are living in a wild state; but does not include any animals of any species for the time being specified in Schedule 6 of the Wildlife Act 1953.

                                                                                                                                                                            1. Any land, whether Crown land or not, shall be deemed to be set apart for a public purpose within the meaning of this Act if it is granted, reserved, or set apart or purchased or given or dedicated in any lawful manner, whether by or pursuant to any Act, or by will, or by deed, or by other like instrument, for the use, benefit, enjoyment, safety, or defence of the people of New Zealand or the inhabitants of any district or locality therein.

                                                                                                                                                                            Notes
                                                                                                                                                                            • Section 2(1) activity: inserted, on , by section 2(1) of the Reserves Amendment Act 1996 (1996 No 3).
                                                                                                                                                                            • Section 2(1) administering body: amended, on , by section 65(1) of the Conservation Act 1987 (1987 No 65).
                                                                                                                                                                            • Section 2(1) antiquity: repealed, on , by section 35 of the Protected Objects Amendment Act 2006 (2006 No 37).
                                                                                                                                                                            • Section 2(1) applicable financial reporting standard: inserted, on , by section 125 of the Financial Reporting (Amendments to Other Enactments) Act 2013 (2013 No 102).
                                                                                                                                                                            • Section 2(1) Authority: inserted, on , by section 91 of the Conservation Law Reform Act 1990 (1990 No 31).
                                                                                                                                                                            • Section 2(1) certified aerodrome: repealed, on , by section 486 of the Civil Aviation Act 2023 (2023 No 10).
                                                                                                                                                                            • Section 2(1) Commissioner: replaced, on , by section 65(1) of the Conservation Act 1987 (1987 No 65).
                                                                                                                                                                            • Section 2(1) concession or concession document: inserted, on , by section 2(3) of the Reserves Amendment Act 1996 (1996 No 3).
                                                                                                                                                                            • Section 2(1) concessionaire: inserted, on , by section 2(3) of the Reserves Amendment Act 1996 (1996 No 3).
                                                                                                                                                                            • Section 2(1) conservation board: inserted, on , by section 91 of the Conservation Law Reform Act 1990 (1990 No 31).
                                                                                                                                                                            • Section 2(1) conservation management plan: inserted, on , by section 91 of the Conservation Law Reform Act 1990 (1990 No 31).
                                                                                                                                                                            • Section 2(1) conservation management strategy: inserted, on , by section 91 of the Conservation Law Reform Act 1990 (1990 No 31).
                                                                                                                                                                            • Section 2(1) Department: amended, on , by section 65(1) of the Conservation Act 1987 (1987 No 65).
                                                                                                                                                                            • Section 2(1) Director-General: replaced, on , by section 65(1) of the Conservation Act 1987 (1987 No 65).
                                                                                                                                                                            • Section 2(1) financial statements: inserted, on , by section 125 of the Financial Reporting (Amendments to Other Enactments) Act 2013 (2013 No 102).
                                                                                                                                                                            • Section 2(1) generally accepted accounting practice: inserted, on , by section 125 of the Financial Reporting (Amendments to Other Enactments) Act 2013 (2013 No 102).
                                                                                                                                                                            • Section 2(1) Heritage New Zealand Pouhere Taonga: inserted, on , by section 107 of the Heritage New Zealand Pouhere Taonga Act 2014 (2014 No 26).
                                                                                                                                                                            • Section 2(1) infringement fee: inserted, on , by section 37 of the Conservation (Infringement System) Act 2018 (2018 No 61).
                                                                                                                                                                            • Section 2(1) infringement offence: inserted, on , by section 37 of the Conservation (Infringement System) Act 2018 (2018 No 61).
                                                                                                                                                                            • Section 2(1) lease: inserted, on , by section 2(4) of the Reserves Amendment Act 1996 (1996 No 3).
                                                                                                                                                                            • Section 2(1) licence: inserted, on , by section 2(4) of the Reserves Amendment Act 1996 (1996 No 3).
                                                                                                                                                                            • Section 2(1) local authority: replaced, on , by section 262 of the Local Government Act 2002 (2002 No 84).
                                                                                                                                                                            • Section 2(1) manawhenua: inserted, on , by section 2 of the Reserves Amendment Act 1993 (1993 No 8).
                                                                                                                                                                            • Section 2(1) Maori and Maori land: amended, on pursuant to section 362(2) of Te Ture Whenua Maori Act 1993 (1993 No 4).
                                                                                                                                                                            • Section 2(1) Maori reservation: amended, on , pursuant to section 362(2) of Te Ture Whenua Maori Act 1993 (1993 No 4).
                                                                                                                                                                            • Section 2(1) Minister: amended, on , by section 65(1) of the Conservation Act 1987 (1987 No 65).
                                                                                                                                                                            • Section 2(1) National Parks and Reserves Authority: repealed, on , by section 91 of the Conservation Law Reform Act 1990 (1990 No 31).
                                                                                                                                                                            • Section 2(1) Nature Conservation Council: repealed, on , by section 91 of the Conservation Law Reform Act 1990 (1990 No 31).
                                                                                                                                                                            • Section 2(1) New Zealand Historic Places Trust: repealed, on , by section 107 of the Heritage New Zealand Pouhere Taonga Act 2014 (2014 No 26).
                                                                                                                                                                            • Section 2(1) Nga Whenua Rahui kawenata: inserted, on , by section 2 of the Reserves Amendment Act 1993 (1993 No 8).
                                                                                                                                                                            • Section 2(1) non-GAAP standard: inserted, on , by section 125 of the Financial Reporting (Amendments to Other Enactments) Act 2013 (2013 No 102).
                                                                                                                                                                            • Section 2(1) permit: inserted, on , by section 2(5) of the Reserves Amendment Act 1996 (1996 No 3).
                                                                                                                                                                            • Section 2(1) protected New Zealand object: inserted, on , by section 35 of the Protected Objects Amendment Act 2006 (2006 No 37).
                                                                                                                                                                            • Section 2(1) ranger: inserted, on , by section 2 of the Reserves Amendment Act 1983 (1983 No 43).
                                                                                                                                                                            • Section 2(1) regional council: inserted, on , by section 262 of the Local Government Act 2002 (2002 No 84).
                                                                                                                                                                            • Section 2(1) reserve or public reserve paragraph (h): amended, on , pursuant to section 80(2) of the National Parks Act 1980 (1980 No 66).
                                                                                                                                                                            • Section 2(1) reserve or public reserve paragraph (i): replaced, on , by section 2(1) of the Reserves Amendment Act 1979 (1979 No 63).
                                                                                                                                                                            • Section 2(1) reserve or public reserve paragraph (i): amended, on , pursuant to section 248(1) of the Public Works Act 1981 (1981 No 35).
                                                                                                                                                                            • Section 2(1) reserve or public reserve paragraph (j): amended, on , pursuant to section 248(1) of the Public Works Act 1981 (1981 No 35).
                                                                                                                                                                            • Section 2(1) reserve or public reserve paragraph (j): amended, on , by section 2(2) of the Reserves Amendment Act 1979 (1979 No 63).
                                                                                                                                                                            • Section 2(1) specified not-for-profit entity: inserted, on , by section 125 of the Financial Reporting (Amendments to Other Enactments) Act 2013 (2013 No 102).
                                                                                                                                                                            • Section 2(1) territorial authority: replaced, on , by section 262 of the Local Government Act 2002 (2002 No 84).