Reserves Act 1977

Classification and management of reserves - Management and control of reserves

27: Cancelling vesting of reserves

You could also call this:

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

Illustration for Reserves Act 1977

If you are in charge of a reserve, the Minister can cancel its special status with your agreement. The Minister does this by putting a notice in the Gazette, and the land then belongs to the Crown again. This happens subject to any rules or leases already in place.

You might wonder how this cancellation happens. The Minister can cancel the special status if they think the rules for the reserve are being broken, or if the land is not being used for its intended purpose. The Minister will first send a notice to the person in charge of the reserve, giving them two months to respond.

If the person in charge responds within two months, the Minister might decide not to cancel the special status, or they might investigate further. If the Minister decides to cancel the special status, they will put another notice in the Gazette, and the land will belong to the Crown again. This cancellation also means any records of title for the reserve need to be updated.

Sometimes, the Minister of Tourism is in charge of a reserve. In these cases, the Minister needs the Minister of Tourism's agreement to cancel the special status. If this happens, the land is not only removed from the Minister of Tourism's control, but it is also no longer subject to the Tourist and Health Resorts Control Act 1908, which you can find at this link.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM444654.


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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."


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28: Appointing a local authority to control and manage a reserve, or

"The government chooses a local group to look after a special area of land."

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

27Cancelling vesting of reserves

  1. Any vesting (whether by any Provincial Ordinance, Act, grant, Order in Council, or in any other manner, and whether before or after the commencement of this Act) in an administering body of any reserve which before that vesting was the property of the Crown may, with the consent of the administering body, be cancelled by the Minister, by notice in the Gazette, and thereupon the land shall cease to be vested in that administering body and shall revest in the Crown subject to the trusts affecting the land and to any valid leases, rights, or easements subsisting thereover at the date of revesting.

  2. If at any time the Minister is satisfied that a breach of the trusts upon which any such reserve is vested has been committed, or that after the expiration of 5 years from the date of the vesting of the reserve the land is not being used for the purpose for which it is vested, whether that period of 5 years has expired before the commencement of this Act or will thereafter expire, or that the administering body has failed to comply with the provisions of this Act, he or she may cause to be served on the administering body a notice in writing stating that unless cause to the contrary is shown in writing within 2 months he or she will cancel the vesting.

  3. If within that period of 2 months the administering body shows cause as aforesaid, the Minister may in his or her discretion either decide to take no further action or he or she may inquire into the question whether or not the vesting should be cancelled.

  4. If the Minister is of the opinion that the vesting should be cancelled, or if within that period of 2 months the administering body does not show cause as aforesaid, the Minister may, by notice in the Gazette, cancel the vesting, and thereupon the reserve shall revest in the Crown subject to the trusts affecting the same and to any valid leases, rights, or easements subsisting thereover at the date of revesting.

  5. On the cancellation of any vesting, any record of title or other instrument of title issued in respect of the reserve must, on the written request of the Commissioner, be noted accordingly by the Registrar-General of Land.

  6. Subsection (1) shall extend and apply with respect to reserves the control of which has been vested in the Minister of Tourism, but subject to the consent of that Minister, and any notice issued cancelling that vesting of control shall have the effect both of removing the land concerned from the control of that Minister and also of removing the land concerned from the operation and provisions of the Tourist and Health Resorts Control Act 1908.

Compare
  • 1953 No 69 s 20
Notes
  • Section 27(5): replaced, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).