Reserves Act 1977

Classification and management of reserves - Farming and other leases

73: Leasing of recreation reserves for farming, grazing, afforestation, or other purposes

You could also call this:

"Leasing recreation reserves for other uses, like farming or tree planting, with permission"

Illustration for Reserves Act 1977

If you want to lease a recreation reserve for farming, grazing, or other purposes, the Minister or the administering body can grant a lease. This can happen if the reserve is not being used for its main purpose or if the Minister thinks it is in the public interest. The administering body must get the Minister's consent before granting a lease.

You can lease a recreation reserve for afforestation, which means planting trees, if the administering body decides it is necessary or desirable. The Minister must consent to the lease. Leases can also be granted if a reserve is not being used and it is not a good idea to stop it being a reserve.

When a lease is granted, it must follow certain rules. If the reserve is controlled by an administering body, the lease must follow the rules set out in Schedule 1. If the reserve is owned by the Crown, the lease must follow the rules in Part 3B of the Conservation Act 1987.

Before granting a lease, the administering body must give public notice and consider any objections. No member of the administering body can lease land without the Minister's written consent. A lease can be surrendered if the administering body agrees to it.

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"Letting someone else farm reserve land with rules to protect it"


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Part 3Classification and management of reserves
Farming and other leases

73Leasing of recreation reserves for farming, grazing, afforestation, or other purposes

  1. Where any recreation reserve or any part of such a reserve is not for the time being required for the purpose for which it was classified, or where the Minister considers it in the public interest, or where the administering body of any recreation reserve has decided under section 53(1)(a)(ii) that it is necessary or desirable to farm or graze the reserve or any part thereof, leases of the reserve or of any part thereof may be granted by the administering body with the prior consent of the Minister in cases where the reserve is vested in such a body, or by the Minister in any other case.

  2. Where the administering body has decided under section 53(1)(a)(ii) that it is necessary or desirable to afforest any part of a recreation reserve, leases of the whole or any part thereof may be granted by the administering body with the prior consent of the Minister in cases where the reserve is vested in such a body, or by the Minister in any other case.

  3. Where any recreation reserve or any part of such a reserve is not being used for the purposes of a recreation reserve and in the opinion of the Minister is not likely to be used for that purpose, but it is inadvisable or inexpedient to revoke the reservation, leases of the whole or any part thereof may be granted by the administering body with the prior consent of the Minister in cases where the reserve is vested in such a body, or by the Minister in any other case.

  4. Every lease granted under subsection (1) or subsection (2) or subsection (3),—

  5. in the case of a reserve vested in an administering body, shall be subject to the further provisions set out in Schedule 1 relating to leases of recreation reserves issued pursuant to that subsection:
    1. in the case of a reserve vested in the Crown, shall be issued in accordance with the provisions of Part 3B of the Conservation Act 1987 and those provisions shall apply as follows:
      1. in the case of any concession over or in respect of a reserve controlled or managed by an administering body, every reference in the said Part 3B to a conservation management strategy or conservation management plan shall be read as a reference to a management plan approved under section 41 of this Act, but otherwise the said Part 3B shall apply as if every reference to a conservation area were a reference to such a reserve and with any other necessary modifications:
        1. in the case of any other reserve vested in the Crown, the said Part 3B shall apply as if every reference to a conservation area were a reference to such a reserve and with any other necessary modifications.
        2. Before granting any lease under subsection (1), or subsection (2), or subsection (3), the administering body shall give public notice in accordance with section 119 specifying the lease 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. No member of an administering body may become the lessee of any land under the control of that body without the prior consent in writing of the Minister.

        4. Any lease granted under this section may, with the approval of the administering body, be surrendered on such terms as are agreed upon by the lessee and the administering body.

        Compare
        • 1953 No 69 s 27
        Notes
        • Section 73(1): amended, on , by section 12(1) of the Reserves Amendment Act 1996 (1996 No 3).
        • Section 73(2): amended, on , by section 12(1) of the Reserves Amendment Act 1996 (1996 No 3).
        • Section 73(3): amended, on , by section 12(1) of the Reserves Amendment Act 1996 (1996 No 3).
        • Section 73(3A): inserted, on , by section 12(2) of the Reserves Amendment Act 1996 (1996 No 3).
        • Section 73(4): amended, on , by section 12(3) of the Reserves Amendment Act 1996 (1996 No 3).
        • Section 73(6): replaced, on , by section 12(4) of the Reserves Amendment Act 1996 (1996 No 3).