Part 3Classification and management of reserves
Particular powers of Minister and administering body
55Powers (other than leasing) in respect of scenic reserves
The administering body of a scenic reserve may from time to time, in the exercise of its functions under section 40 and to the extent necessary to give effect to the principles set out in section 19,—
- enclose the reserve or any part or parts thereof which the administering body may at any time decide is necessary or desirable to improve or allow to regenerate, and may improve the reserve or that part or those parts, or, as the case may be, allow the reserve or that part or those parts to regenerate:provided that the prior approval of the Minister shall be obtained to any planting of trees or shrubs:
- prohibit the public from entering or encroaching on any part of the reserve so improved or being allowed to regenerate:
- subject to section 42, lay out and construct footpaths and driveways necessary for the management of the reserve or to enable the public to use and enjoy the reserve:
- make, stop, divert, widen, or alter any bridges, ways, or watercourses in, upon, through, across, or over any part of the reserve, subject to the payment of compensation for damage thereby to adjacent lands:provided that any such power in relation to watercourses shall be exercised subject to the Resource Management Act 1991:provided also that the exercise of any such power shall not alter or impair the natural water table or any stands of indigenous swamp vegetation or other indigenous vegetation:
- appoint officers, servants, and rangers, whether paid or unpaid:
- do such other things as may be considered desirable or necessary for the proper and beneficial management, administration, and control of the reserve.
The administering body of a scenic reserve, in the exercise of its functions under section 40 and to the extent necessary to give effect to the principles set out in section 19, may also from time to time on the open portions of the reserve—
- with the prior consent of the Minister and having regard to the conservation of natural vegetation and features, enclose any open parts of the reserve which the administering body may at any time decide is necessary or desirable to lay down or renew in grass or graze:
- prohibit the public from entering or encroaching on any part so laid down, renewed, or grazed:
- subject to any lease or licence granted pursuant to section 56(1)(b), prohibit or regulate the carrying on of any trade, business, or occupation within the reserve:
- with the prior consent of the Minister and having regard to the conservation of natural vegetation and features, set apart any areas for gardens, baths, picnic grounds, camping grounds, parking places for vehicles, or mooring places for boats necessary for the convenience of the public using the reserve or for facilities and amenities necessary for the public using the reserve; and construct or develop such gardens, baths, picnic grounds, camping grounds, parking or mooring places, or other facilities and amenities; and fix reasonable charges for the use of such baths, picnic grounds, camping grounds, parking or mooring places, facilities, and amenities:
- with the prior consent of the Minister, erect buildings and other structures on such terms as to plans, size, structure, situation, and otherwise in all respects as the administering body determines:
- with the prior consent of the Minister, and subject to the Resource Management Act 1991, and having regard to the need to conserve the natural beauty of any sea, lake, river, or stream bounding the reserve, or of any lake, river, or stream within the reserve, do all such things as it considers necessary, including the erection of buildings and structures for public use, to enable the public to obtain the benefit and enjoyment of that sea, lake, river, or stream:
- with the prior consent of the Minister, set apart and use any part of the reserve as sites for residences for officers or servants of the administering body or for rangers, and for other buildings and structures necessary for the proper and beneficial management, administration, and control of the reserve, and for the protection, maintenance, and well-being of the reserve.
The Minister shall not give his or her consent under any provision of paragraphs (d) to (g) of subsection (2), unless he or she is satisfied that the facilities or amenities or buildings or structures referred to in that provision are necessary for the purposes specified in the relevant paragraph and cannot readily be provided outside and in close proximity to the reserve.
Compare
- 1953 No 69 ss 61A, 61B, 61C
- 1956 No 35 s 14
- 1958 No 90 ss 2, 3
- 1968 No 126 s 4
Notes
- Section 55(1)(d) first proviso: replaced, on , by section 362 of the Resource Management Act 1991 (1991 No 69).
- Section 55(1)(d) first proviso: amended, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
- Section 55(2)(f): amended, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
- Section 55(2)(f): amended, on , by section 362 of the Resource Management Act 1991 (1991 No 69).


