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Reserves Act 1977

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

58A: Leasing powers in respect of historic reserves

You could also call this:

"Rules for leasing parts of special historic sites in New Zealand"

Illustration for Reserves Act 1977

The Minister can let an administering body lease out parts of an historic reserve. You can lease a building or site for things like living in or running a business. The administering body must get the Minister's okay first. The administering body must tell the public about the proposed lease and consider what people think. If someone wants to lease a site, they must follow the rules in the management plan for the reserve or get a resource consent from the territorial authority or regional council, as outlined in Part 6 of the Resource Management Act 1991. When you lease a site, you can have it for up to 33 years and you must use it for the purpose stated in the lease. If you do not follow the rules, the lease can be ended and the site will go back to the owner.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM444745.

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"What the people in charge of historic reserves can do to manage them"

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

58ALeasing powers in respect of historic reserves

  1. The administering body with the prior consent of the Minister and in the exercise of its functions under section 40 (in the case of an historic reserve that is vested in an administering body) may from time to time grant leases or licences to any person, body, voluntary organisation, or society (whether incorporated or not) for domestic residential purposes or for the carrying on of any activity, trade, business, or occupation in any building or on any specified site within the reserve and grant leases of any such building or site for any such purpose or purposes.

  2. Before granting any lease or licence under subsection (1), 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.

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

  4. 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 granted by the territorial authority or regional council in accordance with Part 6 of the Resource Management Act 1991.

      1. A lease granted pursuant to subsection (1) shall be subject to the following conditions:

      2. it shall be for a term not exceeding 33 years, with or without a right of renewal, perpetual or otherwise, for the same or any shorter term, but with no right of acquiring the fee simple, and, subject to paragraph (b), shall be on such other conditions as the administering body determines:
        1. it shall include a condition that the land leased shall be used solely for such purposes as are specified in the lease, and that upon breach of that condition the administering body may terminate the lease in such manner as is prescribed or implied in the lease, whereupon the land, together with all improvements, shall revert to the lessor without compensation being payable to the lessee for improvements or otherwise.

          Notes
          • Section 58A: inserted, on , by section 19(1) of the Reserves Amendment Act 1979 (1979 No 63).
          • Section 58A(1): replaced, on , by section 7(1) of the Reserves Amendment Act 1983 (1983 No 43).
          • Section 58A(1): amended, on , by section 10(1)(a) of the Reserves Amendment Act 1996 (1996 No 3).
          • Section 58A(2): amended, on , by section 10(1)(b) of the Reserves Amendment Act 1996 (1996 No 3).
          • Section 58A(2): amended, on , by section 7(2) of the Reserves Amendment Act 1983 (1983 No 43).
          • Section 58A(3)(a): amended, on , by section 10(1)(c) of the Reserves Amendment Act 1996 (1996 No 3).
          • Section 58A(3)(b): replaced, on , by section 362 of the Resource Management Act 1991 (1991 No 69).
          • Section 58A(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).
          • Section 58A(3)(b): amended, on , by section 262 of the Local Government Act 2002 (2002 No 84).