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Reserves Act 1977

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

56: Leasing powers in respect of scenic reserves

You could also call this:

"Rules for leasing parts of scenic reserves to others for activities like camping or running a shop"

Illustration for Reserves Act 1977

The Minister can let the group in charge of a scenic reserve lease parts of it to others. You can lease areas for things like baths, picnic grounds, or camping grounds. The lease must follow the rules set out in Schedule 1.

The group in charge can also give leases or licences to people who want to run a business in the reserve. This can be for things like a shop or a food stall. The business must help people enjoy the reserve or make it more convenient for them. If the business is only temporary and will be gone in six days, the Minister does not need to agree to it.

Before giving a lease or licence, the group in charge must tell the public about it. They must do this in accordance with section 119. They must also think carefully about any objections people might have, as set out in section 120.

If the proposal follows the reserve's management plan or has the right resource consent under Part 6 of the Resource Management Act 1991, the group in charge does not need to tell the public about it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM444733.

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55: Powers (other than leasing) in respect of scenic reserves, or

"What the people in charge can do to manage and care for scenic reserves"

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57: Powers in respect of nature reserves, or

"Rules for visiting and managing New Zealand's nature reserves"

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

56Leasing powers in respect of scenic reserves

  1. With the prior consent of the Minister, the administering body, in the case of a scenic reserve that is vested in the administering body, may from time to time, in the exercise of its functions under section 40, to the extent necessary to give effect to the principles set out in section 19,—

  2. lease to any person, body, voluntary organisation, or society (whether incorporated or not) any area set apart under section 55(2)(d) for baths, a picnic ground, a camping ground, a parking or mooring place, or other facilities or amenities for public recreation and enjoyment. The lease shall be subject to the further provisions set out in Schedule 1 relating to leases of scenic reserves:
    1. grant leases or licences for the carrying on of any trade, business, or occupation on any specified site within the reserve, subject in the case of any such lease or licence to the provisions set out in Schedule 1 relating to scenic reserves:provided that the trade, business, or occupation must be necessary to enable the public to obtain the benefit and enjoyment of the reserve or for the convenience of persons using the reserve:provided also that the prior consent of the Minister shall not be required to a lease or licence under this paragraph where the trade, business, or occupation is to be carried on in the reserve only temporarily and the term of the lease or licence does not exceed 6 consecutive days.

      1. Before granting any lease or licence under subsection (1) (other than a lease or licence to which the second proviso to paragraph (b) applies), the administering body shall give public notice in accordance with section 119 specifying the lease or licence proposed to be granted, and shall give full consideration in accordance with section 120 to all objections and submissions in relation to the proposal received pursuant to the said section 120.

      2. Nothing in subsection (2) shall apply in any case where the proposal—

      3. is in conformity with and contemplated by the approved management plan for the reserve; or
        1. is made following the granting of any appropriate resource consent in accordance with Part 6 of the Resource Management Act 1991.

          Compare
          • 1953 No 69 s 27(10A)
          • 1956 No 35 s 9
          Notes
          • Section 56(1): amended, on , by section 9(1)(a) of the Reserves Amendment Act 1996 (1996 No 3).
          • Section 56(2): amended, on , by section 9(1)(b) of the Reserves Amendment Act 1996 (1996 No 3).
          • Section 56(3): inserted, on , by section 18(2) of the Reserves Amendment Act 1979 (1979 No 63).
          • Section 56(3)(a): amended, on , by section 9(1)(c) of the Reserves Amendment Act 1996 (1996 No 3).
          • Section 56(3)(b): replaced, on , by section 362 of the Resource Management Act 1991 (1991 No 69).
          • Section 56(3)(b): 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).