Reserves Act 1977

Classification and management of reserves - Management and control of reserves

26A: Vesting of certain reserves

You could also call this:

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

Illustration for Reserves Act 1977

If you are an administering body that is a territorial authority, you might have been appointed to control and manage a reserve before 1 January 1980. If this happened, the reserve automatically belongs to you, as long as it is classified under section 16 as a recreation reserve or local purpose reserve. You hold the land in trust for the purpose it was classified for.

You have to use the land for the purpose it was meant for. If you want a record of title for the land, you might need to give the Registrar-General of Land some information.

The Registrar-General of Land might ask you for evidence of how the reserve was classified and how you were appointed to control it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM444652.


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26: Vesting of reserves, or

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


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27: Cancelling vesting of reserves, or

"Stopping a reserve's special status and giving the land back to the government"

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

26AVesting of certain reserves

  1. Where any administering body that is a territorial authority has, before 1 January 1980 been appointed to control and manage any reserve classified under section 16 (whether before or after 1 January 1980) as a recreation reserve or local purpose reserve, that reserve shall, without further authority than this section, vest in that administering body.

  2. All land so vested shall be held in trust for the purpose or purposes for which the reserve is classified.

  3. Where any such administering body wishes to have a record of title issued to it in respect of any reserve vested in that administering body pursuant to subsection (1), the administering body shall, if the Registrar-General of Land so requests, provide the Registrar-General of Land with such evidence as he or she may require of the classification of that reserve and the appointment of that administering body to control and manage that reserve.

Notes
  • Section 26A: inserted, on , by section 11 of the Reserves Amendment Act 1979 (1979 No 63).
  • Section 26A(3): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).