Reserves Act 1977

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

62: Powers of Commissioner

You could also call this:

"The Commissioner is in charge of making decisions about some reserves."

Illustration for Reserves Act 1977

The Commissioner has powers over reserves that are not controlled by an administering body. You can think of the Commissioner like a person in charge of making decisions about these reserves. The Commissioner can do all the things that an administering body can do, like managing and controlling the reserve.

The Commissioner also has powers over reserves that belong to the government, but only if it is not against the rules of the Reserves Act. The Commissioner can make decisions about these reserves, just like they do with other government land.

Sometimes, the Director-General might think that a reserve would be better managed by a different Commissioner or a committee. If that happens, the Director-General can give notice in writing to say who should be in charge of the reserve. The Director-General can also change their mind later and give another notice to say who should be in charge instead.

The Director-General can even decide to take charge of a reserve themselves, if they think that would be best. They can give notice to the Commissioner to say that they are taking over, and then they can make decisions about the reserve. If they change their mind, they can give another notice to say that the Commissioner should be in charge again.

You can find more information about how committees are appointed in section 9.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM444771.


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

62Powers of Commissioner

  1. The powers, functions, and duties conferred and imposed on an administering body by this Act shall, with respect to any reserve which is not under the control and management of an administering body, be exercised and performed by the Commissioner, who shall have and may exercise over the reserve all the powers of an administering body.

  2. The Commissioner for the land district in which is situated any reserve vested in the Sovereign shall, where not inconsistent with the provisions of this Act, have and may exercise and perform over that reserve all rights, powers, duties, and functions which he or she has over Crown land.

  3. If the Director-General considers that a reserve which is not under the control and management of an administering body or of a Minister of the Crown other than the Minister of Conservation would be better administered by the Commissioner for an adjoining land district, or that the whole of such a reserve which is partly situated in 2 or more land districts would be better administered by the Commissioner for one of those districts, he or she may, by notice in writing, direct that that other Commissioner or, as the case may be, a specified Commissioner shall exercise and perform in respect of that reserve the rights, powers, duties, and functions conferred or imposed by subsections (1) and (2); and he or she may by like notice revoke or from time to time amend that direction.

  4. If the Director-General considers that a reserve which is not under the control and management of an administering body or of a Minister of the Crown other than the Minister of Conservation would be better administered by a committee appointed under section 9, he or she may by notice in writing direct that that committee shall exercise and perform the rights, powers, duties, and functions conferred or imposed on the Commissioner by subsections (1) and (2); and he or she may by like notice revoke or from time to time amend that direction.

  5. If the Director-General considers that a reserve which is not under the control and management of an administering body or of a Minister of the Crown other than the Minister of Lands would be better administered by himself or herself, he or she may, by notice in writing to the Commissioner or Commissioners concerned, assume the rights, powers, duties, and functions conferred or imposed on Commissioners by subsections (1) and (2); and he or she may, by like notice, relinquish those rights, powers, duties, and functions, which shall thereupon be exercised and performed by a Commissioner in accordance with this section.

Compare
  • 1953 No 69 ss 25, 52
Notes
  • Section 62 heading: amended, on , by section 4 of the Reserves Amendment Act 2008 (2008 No 17).
  • Section 62(3): amended, on , by section 65(1) of the Conservation Act 1987 (1987 No 65).
  • Section 62(4): amended, on , by section 65(1) of the Conservation Act 1987 (1987 No 65).