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Reserves Act 1977

Classification and management of reserves - Management and control of reserves

26: Vesting of reserves

You could also call this:

"When the government owns a reserve, it can give it to a local group to look after."

Illustration for Reserves Act 1977

When a reserve is owned by the government, the Minister can decide to give it to a local authority or trustees. The Minister does this by putting a notice in the Gazette. You can think of the Gazette like a special newspaper where the government publishes important announcements.

The local authority or trustees will look after the reserve for the purpose it was created. They have to follow any special conditions that are stated in the notice. Before making a decision, the Minister must tell the public about the plan and consider any objections people might have, as stated in section 119 and section 120.

However, there are some cases where the Minister does not need to tell the public. This can happen if the local authority already paid for the reserve or if it is a certain type of reserve. It can also happen if the Minister talks to the relevant conservation board and Fish and Game Council, and they agree that telling the public is not necessary.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM444650.

Topics:
Environment and resources > ConservationEnvironment and resources > Land useGovernment and voting > Local councils
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"What happens to reserve land when it's no longer a reserve or its use changes"

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26A: Vesting of certain reserves, or

"When a council controls a reserve, it automatically owns the land if it's for a specific purpose."

Part 3Classification and management of reserves
Management and control of reserves

26Vesting of reserves

  1. For the better carrying out of the purposes of any reserve (not being a government purpose reserve) vested in the Crown, the Minister may, by notice in the Gazette, vest the reserve in any local authority or in any trustees empowered by or under any Act or any other lawful authority, as the case may be, to hold and administer the land and expend money thereon for the particular purpose for which the reserve is classified.

  2. All land so vested shall be held in trust for such purposes as aforesaid and subject to such special conditions and restrictions as may be specified in the said notice.

  3. Before vesting a reserve under this section, the Minister shall—

  4. give public notice of the intention to do so in accordance with section 119; and
    1. in accordance with section 120, give full consideration to relevant objections and submissions received under that section.

      1. Notwithstanding subsection (3), the Minister shall not be required to publicly notify the proposed vesting where—

      2. the body in whom the reserve is to be vested has had the financial or other responsibility for its acquisition; or
        1. the reserve is either a local purpose reserve or a recreation reserve being vested in a local authority; or
          1. the Minister has consulted the relevant conservation board and Fish and Game Council, and those bodies have advised the Minister that—
            1. the proposed vesting does not have any adverse effects on the management of and the interest of the public in the reserve; and
              1. public notification is considered by them to be unnecessary.

              Compare
              • 1953 No 69 s 19
              Notes
              • Section 26(3): inserted, on , by section 4 of the Reserves Amendment Act 1996 (1996 No 3).
              • Section 26(4): inserted, on , by section 4 of the Reserves Amendment Act 1996 (1996 No 3).