Reserves Act 1977

Acquisition of land for reserves

14: Local authority may declare land vested in it to be a reserve

You could also call this:

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

If you are a local authority, you can decide to make land that belongs to you into a reserve. You do this by making a resolution, which is like a formal decision. When you make this decision, you can say what conditions must be met and what the land will be used for, as long as it is one of the purposes listed in sections 17 to 23. You can use the land for things like recreation, conservation, or other purposes that are good for the community. Before you make this decision, you must tell the public what you plan to do and give them a chance to object in writing.

You must wait at least one month after telling the public before you can make the decision. However, if there is already a plan in place for the land to be used as a reserve, or if the land is already set aside for this purpose under the Resource Management Act 1991, you do not need to give the public notice. After you make the decision, you must send a copy of it to the Commissioner, along with any objections you received and your comments on them.

The Minister will then look at your decision and the objections, and decide whether to approve it or not. If the Minister approves your decision, it will be officially announced, which is called gazetting. Your decision does not take effect until it is gazetted.

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This page was last updated on 18 September 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM444482.

Topics:

Environment and resources > ConservationEnvironment and resources > Town planningGovernment and voting > Local councilsHousing and property > Land use

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

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

15: Minister may authorise exchange of reserves for other land, or

"The Minister can swap reserve land for other land to be used in the same way."

Part 2Acquisition of land for reserves

14Local authority may declare land vested in it to be a reserve

Subject to this section, any local authority may by resolution declare any land vested in it to be a reserve within the meaning of this Act subject to any conditions specified in the resolution, to be held for any of the purposes specified in sections 17 to 23.
No such resolution shall be passed before the expiration of 1 month after notice of intention to pass the same and calling for objections thereto in writing has been published in 1 or more newspapers circulating in its district, and until it has considered all such objections received within that period:

provided that such a notice of intention shall not be necessary where a district plan makes provision for the use of the land as a reserve or the land is designated as a proposed reserve under an operative district plan under the Resource Management Act 1991.
A copy of the resolution shall be forwarded to the Commissioner for transmission to the Minister, together with all objections (if any) received as aforesaid and the comments of the local authority thereon.
The Minister shall consider the resolution and such objections (if any) as have been received by the local authority and the comments of the local authority thereon, and shall then in his or her discretion either cause the resolution to be gazetted or refuse to do so.
No resolution under this section shall have any force or effect until it is gazetted as aforesaid.

Notes

Section 14(2) proviso: replaced, on 1 October 1991, by section 362 of the Resource Management Act 1991 (1991 No 69).
Section 14(2) proviso: amended, on 23 December 2023, 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).