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Reserves Act 1977

Miscellaneous provisions - Offences

101: Proceedings in respect of offences

You could also call this:

"What happens when someone breaks a Reserves Act rule and gets taken to court"

Illustration for Reserves Act 1977

When you break a rule in the Reserves Act, a charging document must be filed. This document must be filed in the name of the Commissioner, or a person they appoint, if the reserve is controlled by the Crown and no one else is in charge. You can also file it in the name of the person in charge of the administering body, or someone they appoint.

If a Minister of the Crown is in charge of the reserve under section 22 or section 36, they can appoint someone to file the charging document. The person appointed can file a document for a specific offence or for all offences.

Any officer or servant of the Department or the administering body can appear in court and conduct the prosecution, even if they did not file the charging document.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM445012.

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Part 5Miscellaneous provisions
Offences

101Proceedings in respect of offences

  1. All charging documents in respect of offences against this Act or any regulations or bylaws under it must be filed in the name of—

  2. the Commissioner, or some person appointed by him or her or by the Minister, in any case where the reserve is vested in the Crown and an administering body has not been appointed to control and manage the reserve; or
    1. the principal administrative officer or chief executive of any administering body in which any reserve is vested or which has been appointed to control and manage any reserve, or some other person appointed in writing in that behalf by that administering body; or
      1. some person appointed by a Minister of the Crown other than the Minister of Conservation where that other Minister has been appointed to control and manage the reserve under section 22 or section 36.

        1. Any appointment under subsection (1) may be for the purpose of filing a charging document in respect of a particular offence, or may be a general appointment to file charging documents in respect of offences.

        2. Any officer or servant of the Department or of the administering body of the reserve in respect of which the offence is alleged to have been committed, although not the person who filed the charging document, may appear and conduct the prosecution in all proceedings for offences against this Act or any regulations or bylaws under this Act.

        Compare
        • 1953 No 69 s 88
        Notes
        • Section 101(1): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
        • Section 101(1)(b): amended, on , by section 262 of the Local Government Act 2002 (2002 No 84).
        • Section 101(1)(c): amended, on , by section 65(1) of the Conservation Act 1987 (1987 No 65).
        • Section 101(2): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
        • Section 101(3): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).