Plain language law

New Zealand law explained for everyone

Reserves Act 1977

Classification and management of reserves - Functions of administering body

41: Management plans

You could also call this:

"People in charge of a reserve must make a plan to look after it and follow the rules"

Illustration for Reserves Act 1977

The administering body is in charge of a reserve and they have to make a plan to manage it. They must prepare and submit this plan to the Minister for approval within 5 years of being appointed or within 5 years of the Reserves Act 1977 starting, whichever is later. The plan must ensure the reserve is used, enjoyed, maintained, protected, and preserved for its intended purpose, and it must follow the principles set out in section 17, section 18, section 19, section 20, section 21, section 22, or section 23.

The administering body must keep their management plan up to date and review it regularly. The Minister can also ask them to review their plan at any time. Before making a plan, the administering body must tell the public what they intend to do and ask for suggestions. They must consider all the comments they receive when preparing the plan.

The administering body must make a draft plan and make it available for the public to see. They must give public notice that the draft plan is available and ask for objections or suggestions. The Minister may extend the time for the administering body to submit their plan if they are satisfied with the progress being made.

You can look at the draft plan and make comments on it. The administering body will consider your comments and may make changes to the plan. If the plan needs the Minister's approval, the administering body must send it to them with a summary of all the comments they received.

The administering body must follow their management plan and any changes to it. The Minister can refuse to approve certain actions if the administering body has not submitted their plan for approval. In some cases, the Minister may not require the administering body to submit their plan for approval, but they must still make it available for the Minister to see if asked.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM444680.

Topics:
Environment and resources > ConservationEnvironment and resources > Town planningGovernment and voting > Government departments
Previous

40B: Conservation management plans in respect of reserves administered by Department, or

"Plans to look after New Zealand's reserves"

Next

42: Preservation of trees and bush, or

"Protecting trees and bush in reserves: you need permission to cut or destroy them"

Part 3Classification and management of reserves
Functions of administering body

41Management plans

  1. The administering body shall, within 5 years after the date of its appointment or within 5 years after the commencement of this Act, whichever is the later, prepare and submit to the Minister for his or her approval a management plan for the reserve under its control, management, or administration.

  2. The Minister may extend the time within which an administering body is required to submit its management plan to him or her for approval, where he or she is satisfied with the progress the administering body has made with the preparation of its management plan.

  3. The management plan shall provide for and ensure the use, enjoyment, maintenance, protection, and preservation, as the case may require, and, to the extent that the administering body's resources permit, the development, as appropriate, of the reserve for the purposes for which it is classified, and shall incorporate and ensure compliance with the principles set out in section 17, section 18, section 19, section 20, section 21, section 22, or section 23, as the case may be, for a reserve of that classification.

  4. The administering body of any reserve shall keep its management plan under continuous review, so that, subject to subsection (3), the plan is adapted to changing circumstances or in accordance with increased knowledge; and the Minister may from time to time require the administering body to review its management plan, whether or not the plan requires the approval of the Minister under this section.

  5. Before preparing a management plan for any 1 or more reserves under its control, the administering body shall—

  6. give public notice of its intention to do so; and
    1. in that notice, invite persons and organisations interested to send to the administering body at its office written suggestions on the proposed plan within a time specified in the notice; and
      1. in preparing that management plan, give full consideration to any such comments received.

        1. Nothing in subsection (5) shall apply in any case where the administering body has, by resolution, determined that written suggestions on the proposed plan would not materially assist in its preparation.

        2. Every management plan shall be prepared by the administering body in draft form in the first place, and the administering body shall—

        3. give public notice complying with section 119 stating that the draft plan is available for inspection at a place and at times specified in the notice, and calling upon persons or organisations interested to lodge with the administering body written objections to or suggestions on the draft plan before a specified date, being not less than 2 months after the date of publication of the notice; and
          1. on giving notice in accordance with paragraph (a), send a copy of the draft plan to the Commissioner; and
            1. give notice in writing, as far as practicable, to all persons and organisations who or which made suggestions to the administering body under subsection (5) stating that the draft plan has been prepared and is available for inspection at the place and during the times specified in the notice, and requiring any such person or organisation who or which desires to object to or comment on the draft plan to lodge with the administering body a written objection or written comments before a specified date, being not less than 2 months after the date of giving of the notice; and
              1. make the draft management plan available for inspection, free of charge, to all interested persons during ordinary office hours at the office of the administering body; and
                1. before approving the management plan, or, as the case may require, recommending the management plan to the Minister for his or her approval, give every person or organisation who or which, in lodging any objection or making any comments under paragraph (a) or paragraph (b), asked to be heard in support of his or her or its objection or comments, a reasonable opportunity of appearing before the administering body or a committee thereof or a person nominated by the administering body in support of his or her or its objection or comments; and
                  1. where the management plan requires the approval of the Minister, attach to the plan submitted to him or her for approval a summary of the objections and comments received and a statement as to the extent to which they have been allowed or accepted or disallowed or not accepted.

                    1. Where under subsection (4) the Minister requires an administering body to review its management plan, he or she may direct that the administering body follow the procedure specified in subsections (5) and (6), and the administering body shall follow that procedure accordingly as if the review were the preparation of a management plan.

                    2. Where in terms of its responsibilities under this Act the administering body of any reserve resolves to undertake a comprehensive review of its management plan, the administering body shall follow the procedure specified in subsections (5) and (6) as if the review were the preparation of a management plan.

                    3. Where under subsection (4) the administering body considers any change not involving a comprehensive review to its management plan is required, it may, if it thinks fit, follow the procedure specified in subsections (5) and (6).

                    4. The administering body or committee or person before which or whom any person appears at any hearing in support of any objection or comments shall determine its or his or her own procedure at the hearing.

                    5. The administering body shall in the exercise of its functions comply with the management plan for the reserve and any amendment thereof, being, in the case of a plan or an amendment that requires the approval of the Minister, a plan or an amendment so approved.

                    6. No approval by the Minister for the purposes of this section shall operate as an approval or a consent for any other purpose of this Act.

                    7. Where a recreation reserve is vested in a local authority or a local authority is appointed to control and manage a recreation reserve, the local authority shall not be required to submit its management plan to the Minister for approval, unless the terms of vesting or of appointment to control and manage the reserve so require:

                      provided that the local authority shall make its management plan available for inspection by or on behalf of the Minister whenever so required.

                    8. The Minister may, by notice to them, require the administering bodies of reserves in any locality to consult with each other in the preparation of their management plans so that the management plans are integrated for the benefit of the locality.

                    9. Where under this Act the approval or consent of the Minister is required to any action by an administering body, the Minister may, at his or her discretion, refuse to grant his or her approval or consent unless and until the administering body has submitted its management plan for approval (whether or not the plan otherwise requires the approval of the Minister under this section) and the plan has been approved by him or her.

                    10. This section shall not apply in respect of any government purpose reserve or local purpose reserve unless the reserve is vested in an administering body or an administering body is appointed to control and manage the reserve, and the Minister in the notice of vesting or notice to control and manage directs that this section is to apply in respect of the reserve.

                    Notes
                    • Section 41(5A): inserted, on , by section 13 of the Reserves Amendment Act 1979 (1979 No 63).
                    • Section 41(6)(aa): inserted, on , by section 14 of the Reserves Amendment Act 1979 (1979 No 63).
                    • Section 41(16): replaced, on , by section 4(1) of the Reserves Amendment Act 1983 (1983 No 43).