Reserves Act 1977

Classification and management of reserves - General powers of Minister and of administering body

42: Preservation of trees and bush

You could also call this:

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

Illustration for Reserves Act 1977

If you are in a reserve, you cannot cut or destroy trees or bush without permission. You need a permit under section 48A or the Minister's written consent to do so. The Minister can set conditions for cutting or destroying trees or bush, like how to cut them down and restore the area.

If you are in a recreation reserve, government purpose reserve, or local purpose reserve, you cannot cut or destroy trees or bush unless it is necessary for management or safety. The people in charge of the reserve must make sure that cutting or destroying trees or bush will not harm the reserve too much. They must also make plans to replace or restore the trees or bush.

When the people in charge of a reserve decide to cut or destroy trees or bush, they must do it in a way that minimises harm to the reserve. They must set conditions for how the trees or bush are cut down and removed, and make plans for replacement or restoration if needed.

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 It might be out of date or be missing some parts.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=DLM444685.


Previous

41: Management plans, or

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


Next

43: Fencing and maintenance of reserves, or

"Who looks after fences and upkeep of public reserves?"

Part 3Classification and management of reserves
General powers of Minister and of administering body

42Preservation of trees and bush

  1. The trees and bush on any historic reserve or scenic reserve or nature reserve or scientific reserve shall not be cut or destroyed, except in accordance with a permit granted under section 48A or with the express consent in writing of the Minister and subject to such terms and conditions as the Minister may determine, including (as appropriate) the method of cutting, extraction, and restoration.

  2. The trees or bush on any recreation reserve, or government purpose reserve, or local purpose reserve shall not be cut or destroyed, except in accordance with a permit granted under section 48A or unless the administering body of the reserve is satisfied that the cutting or destruction is necessary for the proper management or maintenance of the reserve, or for the management or preservation of other trees or bush, or in the interests of the safety of persons on or near the reserve or of the safety of property adjoining the reserve, or that the cutting is necessary to harvest trees planted for revenue producing purposes.

  3. Where in the case of any recreation reserve or government purpose reserve or local purpose reserve the administering body is satisfied that the cutting or destruction of trees or bush is necessary for any of the reasons mentioned in subsection (2), the administering body shall not proceed with the cutting or destruction and extraction except in a manner which will have a minimal impact on the reserve and until, as circumstances warrant, provision is made for replacement, planting, or restoration; and the administering body shall not proceed to authorise the cutting or destruction, except subject to conditions as to the method of cutting or destruction and extraction which will have minimal impact on the reserve and, as circumstances warrant, replacement, planting, or restoration; and any other conditions which the administering body considers to be appropriate in the circumstances.

Compare
  • 1953 No 69 ss 34, 54, 62(1), (2)
Notes
  • Section 42(1): amended, on , by section 3(4) of the Reserves Amendment Act 1981 (1981 No 30).
  • Section 42(2): amended, on , by section 3(5) of the Reserves Amendment Act 1981 (1981 No 30).