Plain language law

New Zealand law explained for everyone

Reserves Act 1977

Miscellaneous provisions - Offences

94: Offences on reserves

You could also call this:

"What happens if you break the rules on a reserve"

Illustration for Reserves Act 1977

If you do something wrong on a reserve, you can get in trouble. You must not light a fire on a reserve unless it is in a special fireplace. You must not let animals roam free on a reserve.

You must not damage or break things on a reserve, like fences or buildings. You must not remove plants, stones, or other things from a reserve. You must not dig or cut into the ground on a reserve.

You must not take animals or birds from a reserve, or hurt them. You must not throw rubbish on a reserve, unless it is in a special bin. You must not put up signs or buildings on a reserve without permission.

If you are told to remove an animal from a reserve, you must do it. If you are driving a vehicle on a reserve and you are not supposed to be, you must leave when you are asked to. You must not pretend you have permission to be on a reserve when you do not.

You must not have a firearm or other weapon on a reserve unless you are allowed to. You must not shoot at animals or things on a reserve from outside the reserve.

If you do something wrong on a reserve, you might have to pay a fine. You might also have to pay for the damage you did, or for the things you took. A District Court Judge will decide how much you have to pay.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM444971.

Topics:
Environment and resources > ConservationEnvironment and resources > Land useCrime and justice > Police and safety
Previous

93: Powers of constables, rangers, and other officers, or

"What happens if a constable, ranger, or officer catches you breaking a rule in a reserve"

Next

95: Seizure and forfeiture of property, or

"What happens if you take or keep something in a reserve that you're not allowed to have"

Part 5Miscellaneous provisions
Offences

94Offences on reserves

  1. Every person commits an offence against this Act who, without being authorised (the proof of which shall be on the person charged) by the Minister or the Commissioner or the administering body, as the case may require,—

  2. lights any fire on a reserve except in a fireplace in any camping ground or picnic place established by the Minister or the Commissioner or the administering body; or
    1. causes or allows any cattle, sheep, horses, or other animals of any kind whatsoever to trespass on any reserve; or
      1. liberates any animal on any reserve; or
        1. plants any tree, shrub, or plant of any kind, or sows or scatters the seed of any tree, shrub, or plant of any kind, or introduces any substance injurious to plant life, on any reserve; or
          1. wilfully breaks or damages any fence, building, apparatus, or erection on any reserve; or
            1. removes or wilfully damages any, or any part of, any wood, tree, shrub, fern, plant, stone, mineral, gravel, kauri gum, furniture, utensil, tool, protected New Zealand object, relic, or thing of any kind, on any reserve; or
              1. wilfully digs, cuts, or excavates the sod on any reserve; or
                1. not being the lessee or licensee or concessionaire of the reserve or any part thereof, occupies or uses any land in a reserve for cultivation or any other purpose; or
                  1. takes or destroys or wilfully injures or in any manner disturbs or interferes with any animal or bird or other fauna or the nest or egg of any bird on any reserve; or
                    1. deposits or throws on any reserve (being a reserve which is not a public place within the meaning of section 2 of the Litter Act 1979) any substance or article of a dangerous or offensive nature or likely to be of a dangerous or offensive nature or any rubbish, except in a place or receptacle approved or provided by the Minister or the Commissioner or the administering body; or
                      1. erects any building, sign, hoarding, or apparatus on any reserve; or
                        1. carries on within any reserve any activity for which a concession is required under section 59A; or
                          1. carries on within any reserve vested in an administering body any trade, business, or occupation; or
                            1. trespasses with any vehicle or boat or aircraft or hovercraft on any reserve, in breach of any prohibition under this Act; or
                              1. in any way interferes with a reserve or damages the recreational, scenic, historic, scientific, or natural features or the flora and fauna therein:

                                  1. provided that nothing in any authorisation by the Minister or the Commissioner or the administering body to do any act which would otherwise be unlawful under paragraph (c) or paragraph (i) shall be deemed to authorise any person to do any act in contravention of the Wildlife Act 1953 or any regulations or Proclamation or notification under that Act.

                                1. Every person commits an offence against this Act who—

                                2. when required by notice from the Minister or the Commissioner or the administering body to remove any animal from a reserve, fails to do so within the period specified in the notice; or
                                  1. being the driver of any vehicle or the pilot of any aircraft or the person in charge of any boat or hovercraft that is illegally on a reserve, fails or refuses to remove it from the reserve when so requested by any officer as defined in section 93(5); or
                                    1. without a concession, lease, licence, permit, or other right or authority, does or causes to be done any act, matter, or thing for which a lease, licence, permit, or other right or authority is required by this Act or by any regulations under this Act; or
                                      1. not being an officer of the Department or a ranger, acting in either case in the course of his or her official duties, enters any nature reserve in breach of section 20(2)(c), or in breach of any condition imposed in any permit granted or notice given under section 57; or
                                        1. being a person in charge of any boat, anchors or moors that boat in breach of a notice given under section 57(3) or section 59(3) or in breach of any permit granted under section 57(7) or section 59(7); or
                                          1. while any scientific reserve or any part of such a reserve is subject to a notice under section 21(2)(b) prohibiting entry—
                                            1. not being an officer of the Department or a ranger, acting in either case in the course of his or her official duties, or not being the holder of a permit issued under section 59, enters the reserve or that part, as the case may be, in breach of the said section 59; or
                                              1. being the holder of such a permit, does not comply with any term or condition of the permit; or
                                              2. counterfeits or without due authority issues any concession, lease, licence, permit, or other authority required by this Act or by any regulations under this Act; or
                                                1. unlawfully alters, obliterates, defaces, pulls up, removes, interferes with, or destroys any boundary marks, or any stamp, mark, sign, poster, licence, lease, permit, or other right or authority issued by the Minister or the Commissioner or an administering body.

                                                  1. Every person commits an offence against this Act who uses, receives, sells, or otherwise disposes of any wood, timber, bark, flax, mineral, gravel, kauri gum, protected New Zealand object, relic, or other substance or thing whatsoever knowing the same to have been removed unlawfully from any reserve.

                                                  2. Every person commits an offence against this Act who, without being authorised by the Minister, or the Commissioner, or the administering body,—

                                                  3. is in possession of any firearm, weapon, trap, net, or other like object in a reserve; or
                                                    1. discharges any firearm, weapon, or other instrument on a reserve; or
                                                      1. from outside a reserve, shoots at any fauna or any other object or thing inside the reserve with any firearm, weapon, or other instrument,—
                                                          1. and, where any person is found discharging a firearm, weapon, or other instrument in contravention of this subsection, section 95(6) shall apply in respect of that firearm, weapon, or other instrument in all respects as if it were illegally in the possession of that person in the reserve:

                                                          provided that nothing in any such authorisation shall be deemed to authorise any person to do any act in contravention of the Wildlife Act 1953 or any regulations or Proclamation or notification under that Act.

                                                        1. Where any person commits an offence against subsection (1)(j), the Minister or the Commissioner or the administering body, as the case may be, may cause the removal of any objects deposited or thrown in breach of that subsection, and the cost of that removal shall be assessed by a District Court Judge and shall be recoverable from that person in like manner as a fine.

                                                        2. Any person convicted of an offence under this section shall, in addition to any penalty for which he or she may be liable for the offence, pay twice the full market value of any substance removed from the reserve or pay for the damage done to the reserve, or to any forest, wood, timber, flax, or scrub growing or being thereon; and, in the case of an offence against subsection (1)(a), for the cost of extinguishing the fire and the expenses incurred in investigating the origin of the fire. That value or damage or cost shall be assessed by a District Court Judge, and shall be recoverable in like manner as a fine. The full market value shall be deemed to be that amount which the Crown would have received by way of purchase price if the Crown had removed the substance from the reserve and offered it for sale on reasonable terms.

                                                        Compare
                                                        • 1953 No 69 s 84(1)–(5)
                                                        • 1968 No 134 s 17(2)
                                                        Notes
                                                        • Section 94(1)(f): amended, on , by section 35 of the Protected Objects Amendment Act 2006 (2006 No 37).
                                                        • Section 94(1)(h): amended, on , by section 15(2) of the Reserves Amendment Act 1996 (1996 No 3).
                                                        • Section 94(1)(j): amended, on , by section 22(3) of the Litter Act 1979 (1979 No 41).
                                                        • Section 94(1)(ka): replaced, on , by section 15(1) of the Reserves Amendment Act 1996 (1996 No 3).
                                                        • Section 94(1)(kb): inserted, on , by section 15(1) of the Reserves Amendment Act 1996 (1996 No 3).
                                                        • Section 94(2)(c): amended, on , by section 15(3)(a) of the Reserves Amendment Act 1996 (1996 No 3).
                                                        • Section 94(2)(d): replaced, on , by section 11 of the Reserves Amendment Act 1983 (1983 No 43).
                                                        • Section 94(2)(da): inserted, on , by section 11 of the Reserves Amendment Act 1983 (1983 No 43).
                                                        • Section 94(2)(f): amended, on , by section 15(3)(b) of the Reserves Amendment Act 1996 (1996 No 3).
                                                        • Section 94(3): amended, on , by section 35 of the Protected Objects Amendment Act 2006 (2006 No 37).
                                                        • Section 94(5): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
                                                        • Section 94(5): amended, on , pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).
                                                        • Section 94(6): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
                                                        • Section 94(6): amended, on , pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).