Part 5Miscellaneous provisions
General provisions
122Special provisions as to reserves administered under Tourist and Health Resorts Control Act 1908
Section 8 of the Tourist and Health Resorts Control Act 1908 shall, with respect to reserves administered under that Act, be deemed to—
- confer on the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of the Tourist and Health Resorts Control Act 1908 the powers conferred by this Act on the Minister of Conservation for leasing a reserve of that classification:provided that, notwithstanding anything in section 59A, the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of the Tourist and Health Resorts Control Act 1908 may, where he or she considers that special circumstances exist, grant leases under that section of the whole or any part of any such reserve for such term not exceeding 30 years including renewals, or in exceptional circumstances for such term not exceeding 60 years including renewals, and upon such terms and conditions, and at such rents, as he or she thinks fit:provided also that no lease shall be granted for an aggregate term, including renewals, exceeding 30 years without the written consent of the Minister of Conservation:
- confer on the chief executive of the department of State that, with the authority of the Prime Minister, is for the time being responsible for the administration of the Tourist and Health Resorts Control Act 1908—provided that it shall not be necessary for the chief executive to obtain any consent or approval or to abide by any specification of the Minister of Conservation in exercising any power, duty, or function provided for by this Act:
- all powers, duties, and functions which are by this Act conferred and imposed on the Commissioner with respect to a reserve of that classification not controlled by an administering body:
- power to sign any lease, deed, surrender, or other instrument that is required to be executed pursuant to paragraph (a):
- all powers, duties, and functions which are by this Act conferred and imposed on the Commissioner with respect to a reserve of that classification not controlled by an administering body:
- apply to those reserves, with such modifications as may be necessary, the provisions of section 59A and sections 93 to 105; and every reference in those sections to the Commissioner shall be deemed to be a reference to the chief executive of the department of State that, with the authority of the Prime Minister, is for the time being responsible for the administration of the Tourist and Health Resorts Control Act 1908:
- apply to those reserves, with such modifications as may be necessary, the provisions of sections 106 to 108; and every reference in those sections to the Minister shall be deemed to be a reference to the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of the Tourist and Health Resorts Control Act 1908.
Nothing in this section shall be construed to affect or modify the provisions of section 7 of the Tourist and Health Resorts Control Act 1908 as to money received in respect of reserves administered under that Act, and in particular the provisions of section 88 of this Act as to financial statements shall not apply with respect to those reserves.
The powers conferred by this section shall be in addition to and not in substitution for any existing powers in respect of reserves administered under the Tourist and Health Resorts Control Act 1908.
Compare
- 1953 No 69 s 105
Notes
- Section 122(1)(a): amended, on , by section 18(2) of the New Zealand Tourism Board Act 1991 (1991 No 110).
- Section 122(1)(a): amended, on , by section 65(1) of the Conservation Act 1987 (1987 No 65).
- Section 122(1)(a) first proviso: amended, on , by section 19(a) of the Reserves Amendment Act 1996 (1996 No 3).
- Section 122(1)(a) first proviso: amended, on , by section 19(b) of the Reserves Amendment Act 1996 (1996 No 3).
- Section 122(1)(a) first proviso: amended, on , by section 18(2) of the New Zealand Tourism Board Act 1991 (1991 No 110).
- Section 122(1)(a) second proviso: amended, on , by section 19(c) of the Reserves Amendment Act 1996 (1996 No 3).
- Section 122(1)(a) second proviso: amended, on , by section 65(1) of the Conservation Act 1987 (1987 No 65).
- Section 122(1)(b): amended, on , by section 18(2) of the New Zealand Tourism Board Act 1991 (1991 No 110).
- Section 122(1)(b) proviso: amended, on , by section 19(d) of the Reserves Amendment Act 1996 (1996 No 3).
- Section 122(1)(b) proviso: amended, on , by section 18(2) of the New Zealand Tourism Board Act 1991 (1991 No 110).
- Section 122(1)(c): amended, on , by section 19(e) of the Reserves Amendment Act 1996 (1996 No 3).
- Section 122(1)(c): amended, on , by section 18(2) of the New Zealand Tourism Board Act 1991 (1991 No 110).
- Section 122(1)(d): amended, on , by section 18(2) of the New Zealand Tourism Board Act 1991 (1991 No 110).
- Section 122(2): amended, on , by section 125 of the Financial Reporting (Amendments to Other Enactments) Act 2013 (2013 No 102).


