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Reserves Act 1977

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

59A: Granting of concessions on reserves administered by Crown

You could also call this:

"Using Crown land for a special purpose, like building or business, with the Minister's permission"

Illustration for Reserves Act 1977

The Minister can give a concession to use a reserve that belongs to the Crown. This means you can use the reserve for a specific purpose, like building something or running a business. The Minister follows the rules in Part 3B of the Conservation Act 1987 when giving a concession.

You might have to pay to use some facilities in a reserve, like a building or a car park. The Minister or the person who has the concession can charge you a reasonable fee. If you have a concession to use a reserve, you have to follow the rules in the concession document and any conservation management strategy or plan.

If you build something or run a business in a reserve, you can charge people to use it. But you have to follow the rules and any conservation management strategy or plan. You can't do anything on private land, and some reserves have special rules that don't allow concessions.

The Minister's rules for concessions do not apply to some reserves, like ones that are vested in an administering body under section 26. They also do not apply to permits to enter nature reserves or scientific reserves granted under sections 57 or 59. Additionally, the rules are subject to Part 2 of the Forests (West Coast Accord) Act 2000 for certain land.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM444760.

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

59AGranting of concessions on reserves administered by Crown

  1. The Minister may, in accordance with Part 3B of the Conservation Act 1987, grant a concession in respect of any reserve vested in the Crown, including any reserve controlled or managed by an administering body under any of sections 28, 29, 30, 35, and 36; and the said Part 3B shall apply as if references in that Part to a conservation area were references to such a reserve and with any other necessary modifications.

  2. The Minister may impose a reasonable charge for the use of any facilities (other than a path or track) provided by the Minister in or in respect of any such reserve.

  3. In the case of any concession over or in respect of a reserve controlled or managed by an administering body, any reference in the provisions referred to in subsection (1) to any conservation management strategy or conservation management plan shall be read as if it were a reference to a management plan approved under section 41.

  4. A concessionaire of any part of any such reserve may, to the extent that the relevant concession document so provides, impose a reasonable charge for the use of any facility (other than a path or track) provided by the Minister in or in respect of any such reserve.

  5. Any person who—

  6. has, in accordance with any concession or other consent of the Minister, erected any structure or facility in any reserve; or
    1. uses for camping sites or for parking places for vehicles any part of any reserve; or
      1. carries on any activity in any reserve—
          1. may, subject to the relevant conservation management strategy or conservation management plan (if any) and the terms and conditions (if any) of the concession document concerned, impose a reasonable charge in respect of access to or the use of structures, sites, or places, or the carrying on or products of the activity.

        1. Nothing in this section authorises any person to do anything on or in respect of any private land.

        2. This section does not apply to any permit granted under section 57 that authorises a person to enter a nature reserve or a permit granted under section 59 that authorises a person to enter a scientific reserve.

        3. This section does not apply to any reserve vested in an administering body under section 26.

        4. This section is subject to Part 2 of the Forests (West Coast Accord) Act 2000, in relation to land that is a reserve, or added to an existing reserve, as a result of a declaration under section 8(1) of that Act.

        Notes
        • Section 59A: replaced, on , by section 11(1) of the Reserves Amendment Act 1996 (1996 No 3).
        • Section 59A(9): inserted, on , by section 22 of the Forests (West Coast Accord) Act 2000 (2000 No 45).