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Reserves Act 1977

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

48A: Use of reserve for communications station

You could also call this:

"Building a communications station on a reserve"

Illustration for Reserves Act 1977

The Minister and the group in charge of a reserve can let someone use the reserve to build a communications station. You can build things like buildings, masts, and tracks on the reserve, but only if it's not a wilderness area set apart under section 47. The group in charge must be sure that the buildings and tracks are necessary for the station and can't be built somewhere else. They can set conditions for how long the licence lasts, what the buildings look like, and how much rent is paid.

If the group in charge wants to grant a licence, but it's not part of the reserve's management plan, they must tell the public about it and consider any objections, as stated in section 119 and section 120. However, they don't have to do this if the reserve won't be badly damaged and the public's rights won't be affected. The group in charge can decide on the terms of the licence, including how long it lasts and what it costs, with the Minister's approval.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM444702.

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

48AUse of reserve for communications station

  1. The administering body of a reserve vested in the administering body acting with the consent of the Minister may grant a licence to any person or department of State—

  2. to erect, maintain, and use buildings, dwellings, masts, and other structures, and plant and machinery; and
    1. to construct, maintain, and use tracks and engage in other works—
        1. comprising or in connection with and for the purposes of any station for the transmission, emission, or reception of any form of radio, electric, or electronic communication on any reserve or part of a reserve that is not set apart as a wilderness area under section 47.

      1. No licence shall be granted under subsection (1) unless the administering body is satisfied—

      2. that the buildings, dwellings, masts, structures, plant, machinery, tracks, or works are necessary for the purposes of the station; and
        1. that they cannot readily be provided outside the reserve.

          1. Every licence issued under subsection (1) shall be subject to such terms and conditions as to duration, design, materials, situation, use, rental, inspection, maintenance, and public access, or otherwise, as the administering body determines with the approval of the Minister.

          2. Except as provided in subsection (5), where the granting of any licence under subsection (1) is not in conformity with and contemplated by a management plan approved for the reserve, the administering body shall give public notice in accordance with section 119 of the proposal to grant a licence, and shall give full consideration, in accordance with section 120, to all objections and submissions received in respect of the proposal under that section.

          3. Subsection (4) shall not apply in any case where—

          4. the reserve is not likely to be materially altered or permanently damaged; and
            1. the rights of the public in respect of the reserve are not likely to be permanently affected—
                1. by the granting and lawful exercise of the rights and powers contained in the licence.

              1. Repealed
              Notes
              • Section 48A: replaced, on , by section 6(1) of the Reserves Amendment Act 1996 (1996 No 3).
              • Section 48A(6): repealed, on , by section 5 of the Reserves Amendment Act 2015 (2015 No 32).