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Reserves Act 1977

Administration

5: Restricting application of this Act

You could also call this:

"When this law doesn't apply to some land, like forest areas, and how other rules can affect reserves"

Illustration for Reserves Act 1977

This Act does not apply to land that is subject to the Forests Act 1949. You need to consider other laws and rules when this Act applies to a reserve. These laws and rules can be from other Acts, or from wills, deeds, or other documents that created the reserve. The Minister has the power to classify or change the classification of some reserves, and the Governor-General can make Orders in Council to classify or change the classification of nature reserves or scientific reserves. You can find more information about the Governor-General's power in section 16A(3).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM444455.

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"Minister can ask for reports to help decide if special land should be protected"

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5A: Director-General to administer special leases and grazing permits over certain reserves, or

"The Director-General looks after special leases and grazing permits on some reserves."

Part 1Administration

5Restricting application of this Act

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

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

  3. any Act (whether passed before or after the commencement of this Act) or any Provincial Ordinance in force at the commencement of this Act making any special provision with respect to that reserve, whether by direct reference thereto or by reason of the reserve being vested in any particular local authority, board, or trustees, or in any local authority of a particular class, or by reason of the reserve being one of any particular class, or authorising the setting apart of any reserve for any purpose:
    1. the provisions of any will, deed, or other instrument creating the trusts upon which the reserve is held.

      1. Nothing in subsection (2) limits—

      2. the power of the Minister—
        1. to classify, or change the classification of, any reserve other than a nature reserve or a scientific reserve; or
          1. to recommend to the Governor-General that an Order in Council be made to classify, or change the classification of, a nature reserve or a scientific reserve; or
          2. the power of the Governor-General to make an Order in Council under section 16A(3).

            Compare
            • 1953 No 69 ss 11, 41, 55(3)
            Notes
            • Section 5(1): replaced, on , by section 4(1) of the Reserves Amendment Act 2013 (2013 No 17).
            • Section 5(2) proviso: repealed, on , by section 4(2) of the Reserves Amendment Act 2013 (2013 No 17).
            • Section 5(3): inserted, on , by section 4(3) of the Reserves Amendment Act 2013 (2013 No 17).