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Reserves Act 1977

Miscellaneous provisions - General provisions

120: Rights of objection and of making submissions

You could also call this:

"Having a say: how to object or give feedback on proposals under the Reserves Act"

Illustration for Reserves Act 1977

When the Minister or an administering body wants to do something under the Reserves Act 1977, they must give public notice. You can object to or make submissions about the proposal. You must send your objection or submission in writing to the address specified in the notice before the date specified, which is at least one month after the notice is published. If you want to support your objection or submission in person, you can ask to appear before the Commissioner or the administering body.

The Minister or administering body must consider all objections and submissions before making a decision. If an administering body needs the Minister's consent for a proposal, they must send the Minister a summary of all objections and comments they received. The public notice must tell you how to object or make submissions and where to send them.

When you appear at a hearing to support your objection or submission, the person or committee in charge decides how the hearing will be run.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM445072.

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Part 5Miscellaneous provisions
General provisions

120Rights of objection and of making submissions

  1. Subject to sections 13 and 47, where pursuant to any requirement of this Act (except sections 24, 24A, and 41) the Minister or any administering body gives public notice of his or her or its intention to exercise any power conferred by this Act—

  2. any person or organisation may object to the Minister or administering body, as the case may be, against, or make submissions with respect to, the proposal; and
    1. every such objection or submission shall be made in writing, and shall be sent to the Minister or administering body at the place specified in the notice and before a date specified in the notice, being not less than 1 month after the date of publication of the notice:provided that, where the date of publication of the notice falls within the period commencing with 10 December in any year and ending with 10 January in the next succeeding year, the date before which objections and submissions shall be made shall be not earlier than 10 February next following that period; and
      1. where the objector or person or organisation making the submission so requests in his or her or its objection or submission, the Minister or administering body, as the case may be, shall give the objector or that person or organisation a reasonable opportunity of appearing before the Commissioner (in the case of a notice given by the Minister) or, as the case may be, before the administering body or a committee thereof or a person nominated by the administering body in support of his or her or its objection or submission; and
        1. the Minister or the administering body, as the case may be, shall give full consideration to every objection or submission received before deciding to proceed with the proposal; and
          1. where the action proposed by an administering body requires the consent or approval of the Minister and is recommended to the Minister for his or her consent or approval under any provision of this Act, the administering body shall send to the Minister with its recommendation a summary of all objections and comments received by it and a statement as to the extent to which they have been allowed or accepted or disallowed or not accepted.

            1. Every public notice to which subsection (1) applies shall specify the right to object or make submissions conferred by this section and the place to which and the date by which any objections or submissions are to be sent.

            2. The person or administering body or committee before whom or which any person appears at any hearing in support of any objection or submission shall determine his or her or its own procedure at the hearing.

            Notes
            • Section 120(1): amended, on , by section 28 of the Reserves Amendment Act 1979 (1979 No 63).
            • Section 120(1)(b): amended, on , by section 29(a) of the Reserves Amendment Act 1979 (1979 No 63).
            • Section 120(1)(b) proviso: inserted, on , by section 29(b) of the Reserves Amendment Act 1979 (1979 No 63).