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Reserves Act 1977

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

61: Powers (including leasing) in respect of local purpose reserves

You could also call this:

"People in charge of local purpose reserves can manage and lease them to benefit everyone."

Illustration for Reserves Act 1977

The people in charge of a local purpose reserve can do things they think are necessary to manage the reserve properly. They can use the reserve for the purpose it was created for, as stated in its classification, by following the rules in section 40. They want to make sure the reserve is used in a way that benefits everyone.

When a local purpose reserve belongs to the people in charge, they have the power to lease it to others, as stated in the Public Bodies Leases Act 1969. They can lease the reserve to individuals, groups, or organisations for community or farming purposes.

If they lease the reserve, the lease can last up to 33 years and includes conditions such as using the land only for the specified purpose. If the person leasing the land does not follow these conditions, the people in charge can end the lease and take back the land without paying compensation.

If the local purpose reserve does not belong to the people in charge, the Commissioner will make decisions about leasing it instead.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM444767.

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

61Powers (including leasing) in respect of local purpose reserves

  1. The administering body of a local purpose reserve may, in the exercise of its functions under section 40, do such things as it may from time to time consider necessary or desirable for the proper and beneficial management, administration, and control of the reserve and for the use of the reserve for the purpose specified in its classification.

  2. The administering body, in the case of a local purpose reserve that is vested in the administering body, is hereby declared to be a leasing authority of that reserve for the purposes of the Public Bodies Leases Act 1969.

  3. In addition to the powers of leasing conferred by subsection (2), the administering body, in the case of a local purpose reserve that is vested in the administering body, may lease all or any part of the reserve to any person, body, voluntary organisation, or society (whether incorporated or not) for any of the following purposes:

  4. community building, playcentre, kindergarten, plunket room, or other like purposes:
    1. farming, grazing, cultivation, cropping, or other like purposes.

      1. A lease granted pursuant to subsection (2A) shall be subject to the following provisions:

      2. the lease 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. the lease 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.

          1. The powers of leasing conferred on an administering body by this section shall, with respect to any local purpose reserve which is not vested in an administering body, be exercised by the Commissioner.

          Notes
          • Section 61(2A): inserted, on , by section 2 of the Reserves Amendment Act 1978 (1978 No 121).
          • Section 61(2B): inserted, on , by section 2 of the Reserves Amendment Act 1978 (1978 No 121).