Reserves Act 1977

Miscellaneous provisions - Offences

105: Application of fines

You could also call this:

"What happens to the money when you have to pay a fine for breaking reserve rules"

When you break the rules in the Reserves Act 1977, you might have to pay a fine. If the fine is for something to do with a reserve that is managed by a group, the money will go to that group. This is according to section 73 of the Public Finance Act 1989.

If the fine is for something to do with a reserve that is managed by the government, the money will go into a special account. The Minister of Conservation will decide how to use this money, such as to buy or lease land for reserves, or to look after the reserves. You can also use this money to pay for things like putting out fires or fixing damage.

If a court says you have to pay money for something like damage or costs, this money will be used in the same way as the fine, but without taking any money out.

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This page was last updated on 18 September 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM445023.

Topics:

Environment and resources > ConservationMoney and consumer rights > Taxes

104A: Sentence of community work, or

"Helping the community as a punishment for breaking the Reserves Act rules"

105A: Relationship between infringement offences and other offences, or

"Breaking a reserve rule can lead to more serious charges, not just a fine."

Part 5Miscellaneous provisions
Offences

105Application of fines

Subject to section 73 of the Public Finance Act 1989, all fines recovered under this Act shall—
in the case of a fine recovered in respect of a charging document filed in the name of the principal administrative officer or chief executive of the administering body of any reserve (other than a Minister of the Crown) or of any person appointed in that behalf by the administering body of any reserve (other than a Minister of the Crown), be paid into and form part of the general funds of the administering body; and
in the case of a fine recovered in respect of a charging document filed in the name of the Commissioner or of any Minister of the Crown (where there is no administering body other than a Minister of the Crown) or of any person appointed in that behalf by the Commissioner or by any Minister of the Crown (where there is no administering body other than a Minister of the Crown), shall be paid into the Public Account to the credit of the Trust Account, and shall be applied towards the purchasing or taking on lease, managing, administering, maintaining, protecting, improving, or developing of reserves, or as consideration for conservation covenants, as the Minister of Conservation directs:

provided that any money awarded by a court in respect of loss or damage or the costs of extinguishing any fire or awarded under subsection (5) or subsection (6) of section 94 and recovered as a fine shall be paid or applied in the manner aforesaid, but without any deduction being made.

Compare

1953 No 69 s 92

Notes

Section 105: amended, on 25 January 2005, by section 37(1) of the Public Finance Amendment Act 2004 (2004 No 113).
Section 105(a): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
Section 105(a): amended, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).
Section 105(b): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
Section 105(b): amended, on 1 April 1987, by section 65(1) of the Conservation Act 1987 (1987 No 65).