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Reserves Act 1977

Classification and management of reserves - Management and control of reserves

38: Control and management of land that is not a reserve

You could also call this:

"Managing land that's not a reserve, with the owner's agreement"

Illustration for Reserves Act 1977

The Minister, or a group in charge of a reserve with the Minister's okay, can control and manage land that is not a reserve for certain purposes outlined in sections 17 to 23. You need to know that this can only happen if the owner of the land agrees to it. The Minister or the group in charge must also agree on the terms and conditions of using the land with the owner. The Minister can appoint people or groups to be in charge of land that is not a reserve, as long as the owner agrees. This is so the land can be used for the purposes outlined in sections 17 to 23. If the Minister or a group is in charge of land that is not a reserve, some rules from sections 93 to 105 will apply to that land, but only if the owner and the Minister have agreed on this.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM444666.

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37: Administering body may control and manage more than 1 reserve, or

"One group can look after more than one reserve"

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

38Control and management of land that is not a reserve

  1. The Minister, or an administering body of a reserve with the consent of the Minister, may also control and manage any land that is not a reserve (including any Maori reservation) for any of the purposes specified in sections 17 to 23:

    provided that the administering body shall not control and manage any land under this subsection except with the agreement of the owner, trustee, or controlling authority of the land to the appointment and to the use of the land for that specified purpose, and subject to such terms and conditions as to the use of the land as are approved by the Minister and the owner, trustee, or controlling authority of the land:

    provided further that the Minister shall not control and manage any land under this subsection except with the agreement of the owner, trustee, or controlling authority of the land to the use of the land for that specified purpose.

  2. For the better carrying out of the purposes of this Act, the Minister may, by notice in the Gazette, appoint such persons, trustees (including trustees appointed under section 438 of the Maori Affairs Act 1953), trust, voluntary organisation, Maori Trust Board, or Maori incorporation as he or she thinks fit to be an administering body to control and manage any land which is not a reserve (including any Maori reservation) for any of the purposes specified in sections 17 to 23:

    provided that an administering body shall not be appointed under this subsection except with the agreement of the owner, trustee, or controlling authority of the land to the appointment and to the use of the land for that specified purpose, and subject to such terms and conditions as to the use of the land as are approved by the Minister and the owner, trustee, or controlling authority of the land.

  3. While an arrangement as aforesaid remains in force, sections 93 to 105 shall, as far as they are applicable and with the necessary modifications, apply to that land in all respects as if it were a reserve under this Act:

    provided that in their application to any such land sections 93 to 105 shall be read subject to any agreement between the owner, lessee, or licensee of the land and the Minister preserving to the owner, lessee, or licensee the right to do any act or thing forbidden by this Act.

Compare
  • 1953 No 69 ss 58, 75A
  • 1966 No 26 s 3
  • 1971 No 144 s 4
Notes
  • Section 38(1): amended, on , by section 12(1) of the Reserves Amendment Act 1979 (1979 No 63).
  • Section 38(1) second proviso: inserted, on , by section 12(2) of the Reserves Amendment Act 1979 (1979 No 63).