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Reserves Act 1977

Acquisition of land for reserves

13: Governor-General may declare reserve to be national reserve

You could also call this:

"The Governor-General can make a special reserve to protect important things in New Zealand."

Illustration for Reserves Act 1977

The Governor-General can declare a reserve to be a national reserve to protect important values. You can find out how a reserve is classified by looking at section 16. The Governor-General makes this decision based on a recommendation from the Minister.

When a reserve is declared a national reserve, its classification cannot be changed except by an Act of Parliament. The Minister must give public notice of the proposal and consider any objections or submissions before making a recommendation to the Governor-General. You can find out more about how public notice is given by looking at section 119.

The Minister must also consider all objections and submissions in accordance with section 120. If another Minister or Heritage New Zealand Pouhere Taonga is in charge of the reserve, the Minister must get their consent before making a recommendation.

A national reserve is administered to protect its important values. The reserve can be administered by the Commissioner, a reserves board, or in another way directed by the Minister. You can find out more about how a reserves board is appointed by looking at section 30. An order to declare a national reserve is secondary legislation, and you can find out more about publication requirements by looking at 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=DLM444479.

Topics:
Environment and resources > ConservationGovernment and voting > Government departments
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"The Minister's job is to decide how to create and manage reserves, including buying or taking private land."

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"Councils can turn their land into a reserve for the community to use."

Part 2Acquisition of land for reserves

13Governor-General may declare reserve to be national reserve

  1. 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.

  2. 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.

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

  4. the Minister shall give public notice of the proposal, in accordance with section 119, stating that a plan of the proposal is available for inspection at a place and at times specified in the notice, and calling upon persons or organisations interested to lodge with the administering body written objections to or submissions in support of or suggestions on the proposal before a specified date, being not less than 3 months after the date of publication of the notice. The Minister shall give full consideration, in accordance with section 120, to all objections and submissions in relation to the proposal received pursuant to the said section 120; and
    1. the Minister shall give to the Minister of Energy not less than 3 months' notice of the proposal.

      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).

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

      3. retain its classification under section 16; and
        1. be administered—
          1. by the Commissioner; or
            1. by a reserves board appointed by the Minister under section 30; or
              1. in such other manner as the Minister directs,—
                2. 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.

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

              Notes
              • Section 13: replaced, on , by section 3(1) of the Reserves Amendment Act 1979 (1979 No 63).
              • Section 13(1): amended, on , by section 2 of the Reserves Amendment Act (No 2) 1980 (1980 No 139).
              • Section 13(2): amended, on , by section 2 of the Reserves Amendment Act (No 2) 1980 (1980 No 139).
              • Section 13(4): amended, on , by section 107 of the Heritage New Zealand Pouhere Taonga Act 2014 (2014 No 26).
              • Section 13(5)(a): amended, on , by section 2 of the Reserves Amendment Act (No 2) 1980 (1980 No 139).
              • Section 13(6): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).