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New Zealand law explained for everyone

Reserves Act 1977

Administration

6: Powers of Minister in cases of doubt

You could also call this:

"Minister helps decide if land is a reserve when it's unclear"

Illustration for Reserves Act 1977

If you are unsure about a piece of land being a reserve, the Minister can help. They can put a notice in the Gazette to say if the land is a reserve or not. The Minister can also say what the reserve is for. You can think of the Gazette like a special newspaper where the government publishes important notices. The Minister's notice will explain what the decision is and it will take effect from the date it is made or from a date specified in the notice.

If there is a problem with the notice, like an error, the Minister can fix it. They can cancel the old notice and put out a new one with the correct information. The Minister can also change a notice if needed, and this change will take effect from the date the original notice was meant to start or from a different date specified in the notice.

In some cases, the Governor-General might get involved to make a decision about a nature reserve or a scientific reserve. They can make an Order in Council to say if a piece of land is one of these types of reserves or not. You can learn more about Orders in Council and how they are published by looking at Part 3 of the Legislation Act 2019.

The Minister's notices and the Governor-General's Orders in Council are types of secondary legislation, which is a kind of law. You can find out more about secondary legislation and how it is published by looking at the Legislation Act 2019 and Part 3 of the Legislation Act 2019.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM444461.

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

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7: Director of Reserves, or

"The person in charge of looking after New Zealand's reserves"

Part 1Administration

6Powers of Minister in cases of doubt

  1. 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.

  2. 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.

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

  4. declare any land to be a nature reserve or a scientific reserve or to be included in an existing nature reserve or scientific reserve; or
    1. define any reserve as held for the purpose of a nature reserve or a scientific reserve.

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

      2. declare that land specified in the order is or is not a nature reserve or a scientific reserve; or
        1. declare that a reserve must be held for the purpose of a nature reserve or a scientific reserve, according to the terms of the order.

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

          2. Subsection (3) applies to notices that are—

          3. issued in the Gazette under this Act or any Act repealed by this Act; or
            1. made under this Act and published under the Legislation Act 2019.

              1. 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.

              2. 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).

              3. 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.

              Compare
              • 1953 No 69 s 14
              Notes
              • Section 6(2A): inserted, on , by section 5 of the Reserves Amendment Act 2013 (2013 No 17).
              • Section 6(2B): inserted, on , by section 5 of the Reserves Amendment Act 2013 (2013 No 17).
              • Section 6(2C): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
              • Section 6(2D) heading: inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
              • Section 6(2D): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
              • Section 6(3): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
              • Section 6(3A): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).