Reserves Act 1977

Miscellaneous provisions - Bylaws

106: Bylaws

You could also call this:

"Rules for using and taking care of reserves"

Illustration for Reserves Act 1977

The Minister can make rules for reserves, which are areas of land set aside for a particular purpose. You can think of these rules as guidelines for how to use and take care of the reserve. The Minister can make rules about things like keeping the reserve safe and clean, and making sure people and animals are not hurt.

The Minister can also make rules about what you can and cannot do in a reserve, such as bringing alcohol into the reserve, as defined in the Sale and Supply of Alcohol Act 2012. The rules can include things like what times you can visit the reserve, and what activities you can do there.

The people in charge of the reserve, called the administering body, can also make their own rules, as long as they follow the guidelines set by the Minister. If the reserve is not being taken care of by an administering body, the Minister can make rules for it. These rules are called secondary legislation, which you can learn more about in Part 3 of the Legislation Act 2019.

You can also find out more about the status of these rules under the Legislation Act 2019, by looking at section 108(3).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM445028.


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Part 5Miscellaneous provisions
Bylaws

106Bylaws

  1. The Minister may from time to time, by notice in the Gazette, prescribe model bylaws for the control of reserves, and those bylaws may make provision for—

  2. the management, safety, preservation, and use of the reserve or any part thereof and the preservation of the flora and fauna and the scenic, historic, archaeological, biological, geological, or other scientific or natural features therein, and for the preservation of the natural environment:
    1. the exclusion of horses, dogs, or other animals therefrom, and their destruction if intruding therein:
      1. prescribing the conditions on which persons shall have access to or be excluded from any reserve or any part of a reserve, or on which persons may use any facility (including any building) in a reserve, and fixing charges for the admission of persons to any part of a reserve and for the use of any such facility:
        1. regulating the times of admission thereto and exclusion therefrom of persons, horses, dogs, or other animals, and vehicles or boats or aircraft or hovercraft of any description:
          1. the control of all persons, horses, dogs, and other animals, and vehicles or boats or aircraft or hovercraft of any description using or frequenting a reserve:
            1. prohibiting the bringing into a reserve or the possession or consumption in a reserve of alcohol (within the meaning of section 5(1) of the Sale and Supply of Alcohol Act 2012), either generally or on specified occasions or during specified periods:
              1. prescribing the safety devices to be fitted to any machinery or devices operating in a reserve under the authority of any agreement, lease, or licence, and regulating the operation and maintenance of such machinery or devices:
                1. prescribing conditions on which persons may be permitted to enter and remain on any wilderness area within a reserve:
                  1. prescribing conditions upon which operators and pilots in command of aircraft and persons in charge of hovercraft may set down or pick up or recover within the reserve any person, livestock, carcass, or article of any description:
                    1. generally regulating the use of a reserve, and providing for the preservation of order therein, the prevention of any nuisance therein, and for the safety of people using the reserve.
                      1. Subject to section 108, every administering body may with respect to the reserve under its control make bylaws for all or any of the purposes specified in subsection (1) in the form prescribed pursuant to that subsection, with such variations of or additions to the prescribed form of bylaws as the Minister considers necessary for the proper control and administration of the reserve.

                      2. For the avoidance of doubt it is hereby declared that the power to make bylaws conferred on administering bodies by this section is in addition to and not in substitution for any power to make bylaws relating to the reserve under any other Act.

                      3. The Minister may from time to time, by notice, make bylaws with respect to any reserve that is not under the administration and control of an administering body, and those bylaws may provide for all or any of the matters specified in subsection (1) with such variations of or additions as the Minister considers necessary for the proper administration and control of the reserve.

                      4. Bylaws under subsection (3) are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                      5. See section 108(3) for the status under the Legislation Act 2019 of bylaws made under subsection (2).

                      Compare
                      • 1953 No 69 s 53
                      Notes
                      • Section 106(1)(c): replaced, on , by section 104 of the Conservation Law Reform Act 1990 (1990 No 31).
                      • Section 106(1)(f): amended, on , by section 417(1) of the Sale and Supply of Alcohol Act 2012 (2012 No 120).
                      • Section 106(2A): inserted, on , by section 13 of the Reserves Amendment Act 1983 (1983 No 43).
                      • Section 106(3): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                      • Section 106(4): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                      • Section 106(5): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).