Reserves Act 1977

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

57: Powers in respect of nature reserves

You could also call this:

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

Illustration for Reserves Act 1977

The Minister or the group in charge of a nature reserve can give you a permit to enter the reserve. They can also set conditions for your visit. You must follow these conditions when you visit the reserve. The Minister or the group in charge can change the conditions at any time.

The Minister or the group in charge can declare that you do not need a permit to enter a nature reserve. They will announce this in the Gazette and set conditions for your visit. You must follow these conditions when you visit the reserve.

The Minister or the group in charge can stop boats from anchoring or mooring near a nature reserve. They will announce this in the Gazette and set conditions for boats. You must follow these conditions when you are near the reserve.

The Minister or the group in charge cannot stop boats from anchoring or mooring near a marine reserve. A marine reserve is a special area protected by the Marine Reserves Act 1971. You can find more information about marine reserves in this act.

The Minister or the group in charge must get consent from other ministers and groups before stopping boats from anchoring or mooring. They must also consider the views of people who will be affected by the decision. You can find more information about this process in section 20(1) of the Reserves Act.

The Minister or the group in charge can give you a permit to anchor or moor a boat near a nature reserve. They can set conditions for the permit and change them at any time. You must follow these conditions when you are near the reserve.

The Minister or the group in charge must follow a plan to manage the nature reserve. They can make decisions about the reserve, but they must consider the views of other people. You can find more information about this process in section 119 and section 120 of the Reserves Act.

The group in charge of a nature reserve can make decisions about the reserve. They can build houses and other buildings for staff and set rules for the reserve. They must follow the principles set out in section 20 and section 40 of the Reserves Act.

The group in charge of a nature reserve must get consent from the Minister before making some decisions. The Minister will only give consent if the decision is necessary for the reserve. You can find more information about this process in the Reserves Act.

A notice about a nature reserve is secondary legislation. You can find more information about secondary legislation in the Legislation Act 2019. This act explains how laws are made and published in New Zealand.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM444740.


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

57Powers in respect of nature reserves

  1. The Minister or the administering body of any nature reserve authorised by the Minister may issue permits granting access to a nature reserve subject to any conditions that are specified in any such permit.

  2. The Minister or the administering body of any nature reserve authorised by the Minister may, by notice in the Gazette, declare that access to all or part of any nature reserve in the North Island, South Island, Stewart Island, or Chatham Island (but not any other island of the Chatham group) is permitted without a permit during such times or periods as are specified in the notice, and subject to any other conditions that are specified in the notice.

  3. The Minister or the administering body of any nature reserve authorised by the Minister may, where he or she considers it necessary for the purposes specified in section 20(1), by notice in the Gazette, prohibit the anchoring or mooring of boats within a specified area not more than half a nautical mile of the shore of any island that is wholly or principally a nature reserve, otherwise than in accordance with a permit granted under subsection (7).

  4. No notice given under subsection (3) shall specify any area that is within a marine reserve constituted under the Marine Reserves Act 1971.

  5. The Minister or the administering body, as the case may be, shall not give any notice under subsection (3) without the consent of the Minister of Fisheries given after consultation with an organisation considered by the Minister of Fisheries to be representative of the classes of persons having an interest in the giving of the notice, the consent of the Minister of Transport, and, where the area proposed to be specified in the notice is within the limits of any harbour, the consent of the appropriate harbour board.

  6. Nothing in any notice given under subsection (3) shall affect any right of navigation or apply in an emergency.

  7. Where any notice has been given under subsection (3), the Minister or the administering body, as the case may be, may issue permits allowing any person to anchor or moor a specified vessel or any vessel within any area to which the notice relates subject to any conditions that are specified in the permit.

  8. Where the giving of any notice under subsection (2) or subsection (3) is not in conformity with and contemplated by the approved conservation management strategy, conservation management plan, or management plan for the reserve, the Minister or the administering body, as the case may be, shall give public notice in accordance with section 119 of the proposal to give the notice, and shall give full consideration to all objections and submissions received pursuant to section 120 in relation to the proposal.

  9. The administering body of a nature 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 20,—

  10. subject to subsection (10), set apart and use any part or parts 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, preservation, and well-being of the indigenous flora and fauna and other features in the reserve:
    1. appoint officers, servants, and rangers, whether paid or unpaid:
      1. do such other things as may be considered necessary for the proper and beneficial management, administration, and control of the reserve and for the protection, preservation, and well-being of the indigenous flora and fauna and other features in the reserve.
        1. The powers conferred on administering bodies by paragraph (a) of subsection (9) shall not be exercised without the consent of the Minister, which shall not be given unless the Minister is satisfied that the residences, buildings, or structures are necessary for the purposes specified in that paragraph, and cannot readily be provided outside and in close proximity to the reserve.

        2. A notice under subsection (2) that is made by the Minister is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

        3. A notice under subsection (2) that is made by an administering body is secondary legislation for the purposes of the Legislation Act 2019, but section 161A of the Local Government Act 2002 applies as if the notice were made by a local authority.

        Notes
        • Section 57: replaced, on , by section 6(1) of the Reserves Amendment Act 1983 (1983 No 43).
        • Section 57(5): amended, on , by section 5(3) of the Fishing Industry Board Repeal Act 2001 (2001 No 34).
        • Section 57(8): amended, on , by section 100 of the Conservation Law Reform Act 1990 (1990 No 31).
        • Section 57(11): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
        • Section 57(12): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).