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New Zealand law explained for everyone

Reserves Act 1977

Financial provisions

78: Application of revenue from reserves

You could also call this:

"What happens to money earned from New Zealand reserves?"

Illustration for Reserves Act 1977

When money is made from a reserve, it is used in certain ways. You need to know that this money can come from rent, royalties, or other sources, and it is used for the purposes of the Reserves Act 1977. If an administering body is in charge of the reserve, they hold the money and use it as needed.

If the Crown is in charge of the reserve and there is no administering body, the money is paid into a Crown Bank Account, a Departmental Bank Account, or a Trust Bank Account, as stated in the Public Finance Act 1989, and used as directed by the Minister. The Minister can use this money to buy, lease, manage, or improve reserves, or for other purposes related to conservation.

In some cases, a different Minister or Heritage New Zealand Pouhere Taonga might be in charge of the reserve, and they use the money according to their own rules. If money is given as a gift or legacy, or contributed by a local authority, it is paid into a Trust Bank Account and used as directed by the Minister.

If there was money left over from before this Act started, it is still used according to the rules of this Act. This means that you can see how the money from reserves is being used to help manage and protect these special areas.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM444920.

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77A: Nga Whenua Rahui kawenata, or

"Agreement to protect special New Zealand land and its natural and cultural values"

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79: Funds of administering bodies, or

"Money management for people in charge of reserves"

Part 4Financial provisions

78Application of revenue from reserves

  1. All money received by way of rent, royalty, or otherwise in respect of any dealing with any reserve pursuant to section 42, section 45, section 48, section 53, section 54, section 55, section 56, section 57, section 58, section 58A, section 59, section 59A, section 61, section 61A, section 71, section 72, section 73, section 74, or section 75 shall—

  2. where the reserve is vested in an administering body or an administering body has been appointed to control and manage the reserve, be held by the administering body and applied for the purposes of this Act:
    1. where the reserve is vested in the Crown and no administering body has been appointed to manage or control the reserve, be paid in accordance with the Public Finance Act 1989 into a Crown Bank Account, the Department's Departmental Bank Account, or a Trust Bank Account and applied, as directed by the Minister, in purchasing, taking on lease, managing, administering, maintaining, protecting, improving, or developing reserves of any classification, or as consideration for a conservation covenant.

      1. Notwithstanding anything in subsection (1),—

      2. in the case of a reserve which a Minister of the Crown other than the Minister of Conservation has been appointed to control and manage pursuant to section 22 or section 36, the money referred to in subsection (1) shall be paid in accordance with the Public Finance Act 1989 into a Crown Bank Account, a Departmental Bank Account, or a Trust Bank Account, and applied in managing, administering, or improving reserves in accordance with this Act, or, shall be paid into a Crown Bank Account, as directed by that first-mentioned Minister:
        1. in the case of a reserve of which Heritage New Zealand Pouhere Taonga is the administering body, the money referred to in subsection (1) shall be applied by that Trust for the purposes of the Heritage New Zealand Pouhere Taonga Act 2014.

          1. All money received by way of gift or legacy or contributed by any local authority out of its general funds in respect of any reserve that is not for the time being under the control and management of an administering body or a Minister of the Crown other than the Minister of Conservation shall be paid into a Trust Bank Account established under section 67 of the Public Finance Act 1989 and applied, as directed by the Minister, in purchasing, taking on lease, managing, administering, maintaining, protecting, improving, or developing reserves of any classification, or as consideration for conservation covenants or as the Minister may direct pursuant to section 84, or otherwise in carrying out in respect of that reserve the objects of this Act.

          2. Where before the commencement of this Act money paid to the credit of the Trust Account pursuant to section 31(a) or section 62, or held by an administering body pursuant to section 31(b), of the Reserves and Domains Act 1953 remains unexpended, subsection (1) of this section shall apply with respect to that unexpended money as if it had been received pursuant to this Act.

          Notes
          • Section 78(1): amended, on , by section 2(2) of the Reserves Amendment Act 1988 (1988 No 137).
          • Section 78(1): amended, on , by section 19(3) of the Reserves Amendment Act 1979 (1979 No 63).
          • Section 78(1): amended, on , by section 20(3) of the Reserves Amendment Act 1979 (1979 No 63).
          • Section 78(1)(b): amended, on , pursuant to section 65R(3) of the Public Finance Act 1989 (1989 No 44).
          • Section 78(1)(b): amended (with effect on 1 July 1989), on , by section 86(1) of the Public Finance Act 1989 (1989 No 44).
          • Section 78(2)(a): amended, on , pursuant to section 65R(3) of the Public Finance Act 1989 (1989 No 44).
          • Section 78(2)(a): amended (with effect on 1 July 1989), on , by section 86(1) of the Public Finance Act 1989 (1989 No 44).
          • Section 78(2)(a): amended, on , by section 65(1) of the Conservation Act 1987 (1987 No 65).
          • Section 78(2)(b): amended, on , by section 107 of the Heritage New Zealand Pouhere Taonga Act 2014 (2014 No 26).
          • Section 78(3): amended (with effect on 1 July 1989), on , by section 86(1) of the Public Finance Act 1989 (1989 No 44).
          • Section 78(3): amended, on , by section 65(1) of the Conservation Act 1987 (1987 No 65).