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Reserves Act 1977

Acquisition of land for reserves

15: Minister may authorise exchange of reserves for other land

You could also call this:

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

Illustration for Reserves Act 1977

The Minister can swap land that is a reserve for other land. You need to know that this land will be used for the same purpose as the original reserve. The Minister can do this by putting a notice in the Gazette.

If the reserve is managed by a group, they must agree to the swap. They must tell the public about the plan and listen to any objections. You can object to the plan in writing.

The Minister can do everything needed to make the swap happen. This includes paying or receiving money to make the swap fair.

When the swap happens, the original land is no longer a reserve. The new land becomes a reserve and is managed in the same way as the original land.

The Minister follows rules from other laws, such as the Resource Management Act 1991, when making the swap. Some laws, like section 40 of the Public Works Act 1981, do not apply to these swaps.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM444484.

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Part 2Acquisition of land for reserves

15Minister may authorise exchange of reserves for other land

  1. The Minister may, by notice in the Gazette, authorise the exchange of the land comprised in any reserve or any part or parts thereof for any other land to be held for the purposes of that reserve:

    provided that this power shall not be exercised with respect to any reserve vested in an administering body except pursuant to a resolution of that body requesting the exchange.

  2. No such resolution shall be passed before the expiration of 1 month after notice of intention to pass the resolution and calling for objections thereto in writing has been published in 1 or more newspapers circulating in the district of the administering body or, as the case may be, in the district or locality the inhabitants of which benefit from or enjoy the reserve, and until the administering body has considered all such objections received within that period. A copy of the resolution shall be forwarded to the Commissioner for transmission to the Minister, and shall be accompanied by all objections received as aforesaid and the comments of the local authority thereon:

    provided that such a notice of intention shall not be necessary where, in order to enable the exchange to be made, a change has been made in an operative district plan under the Resource Management Act 1991.

  3. The Minister in the name and on behalf of the Sovereign or the administering body, as the case may require, may do all things necessary to effect any exchange authorised as aforesaid, including the payment of or receipt of any money by way of equality of exchange.

  4. Subject to sections 78, 82, 83, 84, 89, 90, 95, 105, and 110, any money payable by the Crown by way of equality of exchange shall be paid out of money appropriated by Parliament.

  5. The land comprised in any reserve or part thereof given by way of exchange pursuant to this section shall upon the exchange being effected be no longer subject to any reservation theretofore affecting it.

  6. The land acquired by the Crown or by the administering body, as the case may be, by way of that exchange shall be held as a reserve under this Act or as part of an existing reserve, as the case may be, subject to the same control and management and for the same objects and purposes as those for which the land given in exchange was held.

  7. Repealed

  8. Nothing in section 40 of the Public Works Act 1981 applies to the exchange of land under this section.

Notes
  • Section 15 heading: amended, on , by section 186(1) of the Resource Legislation Amendment Act 2017 (2017 No 15).
  • Section 15(2) proviso: amended, on , 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).
  • Section 15(7): repealed, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
  • Section 15(8): inserted, on , by section 2 of the Reserves Amendment Act 1994 (1994 No 110).