Reserves Act 1977

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

44: Unauthorised use of reserve

You could also call this:

"No living on a reserve without permission"

Illustration for Reserves Act 1977

You cannot use a reserve for permanent or temporary accommodation without the Minister's consent. This means you cannot live in a reserve or use any building, vehicle, boat, caravan, tent, or structure on a reserve as a home. You can use a reserve for accommodation if you follow the rules set out in the Act, for example in areas for officers or servants of the administering body, or in camping grounds.

You can also use a reserve for accommodation in shelters, huts, cabins, lodges, or similar resting or sleeping accommodation approved by the Minister under section 45. You can use a government purpose reserve or local purpose reserve for living or sleeping accommodation if it is necessary for the purposes of the reserve. You can use areas defined on management plans prepared under section 41 for accommodation.

If you own a vehicle, caravan, tent, or removable structure, you cannot leave it on a reserve for more than 4 weeks between 1 November and 31 March without the Minister's consent. These rules are in addition to other rules in the Act. You must follow all the rules when using a reserve.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM444690.


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

44Unauthorised use of reserve

  1. Except with the consent of the Minister, no person shall use a reserve, or any building, vehicle, boat, caravan, tent, or structure situate thereon, for purposes of permanent or temporary personal accommodation:

    provided that nothing in this subsection shall be deemed to prohibit the use, for purposes of personal accommodation, of any reserve or any building, vehicle, boat, caravan, tent, or structure situate on any reserve, subject to compliance with every term or condition on which such use is permitted,—

  2. in areas set apart under the appropriate provisions of this Act for residences for officers or servants of the administering body or for rangers appointed under section 8(1); or
    1. in camping grounds set apart under the appropriate provisions of this Act; or
      1. in shelters, huts, cabins, lodges, or similar resting or sleeping accommodation approved by the Minister under section 45; or
        1. in a government purpose reserve or local purpose reserve, where living or sleeping accommodation is necessary because of the purposes specified in the classification of the reserve; or
          1. in areas defined on management plans prepared under section 41 and for the time being in force.
              1. Except with the consent of the Minister, the owner of any vehicle, caravan, tent, or removable structure shall not permit it to remain on a reserve for a total period of more than 4 weeks during the period commencing on 1 November in any year and ending with 31 March.

              2. The provisions of this section are in addition to and not in substitution for any other provisions of this Act.

              Notes
              • Section 44(1) proviso paragraph (e): amended, on , by section 3(6) of the Reserves Amendment Act 1981 (1981 No 30).
              • Section 44(1) proviso paragraph (f): repealed, on , by section 5(1) of the Reserves Amendment Act 1996 (1996 No 3).