Reserves Act 1977

General provisions

Schedule 1: Basic provisions applicable to leases or licences of recreation reserves and scenic reserves

You could also call this:

"Rules for leasing recreation and scenic reserves in New Zealand"

When you lease a recreation reserve or scenic reserve, there are rules you need to follow. The lease can last up to 33 years. You will have to pay rent, which can be reviewed from time to time. The Minister approves the rent.

You can't build anything on the land without the Minister's permission. If you do make improvements, like building something, you might not get paid for them if the lease ends. The Minister can also decide to end the lease if you're not using the land for the purpose stated in the lease.

In some cases, the lease can be renewed, but this depends on the specific circumstances. The Minister has the power to approve or reject the renewal of the lease. You should check the specific terms of your lease to see what rules apply to you.

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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=DLM445093.

Topics:

Housing and property > Land useEnvironment and resources > Conservation

125: Repeals, or

"What laws are being cancelled or changed"

Schedule 2: Enactments amended, or

"Laws changed by the Reserves Act 1977"

1Basic provisions applicable to leases or licences of recreation reserves and scenic reserves Empowered by ss 54, 56, 73

The following table is small in size and has 2 columns. Columns 1 and 2 are grouped under the heading Lease under section 54(1)(a)—Lease of recreation reserve for baths, camping grounds, etc. Column 2 is headed Provisions of lease.
		Provisions of lease
Term		Not exceeding 33 years
Renewal		May include a provision that further similar terms may be granted if the terms and conditions of the lease have been complied with and if the lessor is satisfied that the baths, camping grounds, parking places, or other facilities, as the case may be, have been properly constructed, developed, maintained, and controlled, and that there is sufficient need for them, and that some other recreational use should not have priority in the public interest
Freeholding rights		Nil
Rent		Such rent, including periodic reviews of rent, as the Minister approves
Admission charges		Such charges for admission to and use of the baths, camping grounds, parking or mooring places, or other facilities as the Minister may from time to time approve
Termination		The land leased shall be used solely for such baths, camping grounds, parking or mooring places, or other facilities for public recreation as are specified in the lease, and, if at any time the lessor is of the opinion that the land leased is not being used or is not being sufficiently used for the purpose specified in the lease, the lessor, after making such enquiries as the lessor thinks fit and giving the lessee an opportunity of explaining the usage of the land leased, and if satisfied that the land leased is not being used or is not being sufficiently used for the purpose specified in the lease, may terminate the lease on such terms as the Minister approves in any case where an administering body is the lessor, and as the Minister thinks fit in any other case
Compensation for improvements		On termination of the lease under the termination clause of the lease or by effluxion of time, surrender, breach of conditions, or otherwise, the land, together with all improvements thereon, shall revert to the lessor without compensation payable to the lessee or otherwise
Erection of buildings		The lease shall prohibit the erection of any building without the prior consent in writing of the Minister
Other terms and conditions		Such other terms and conditions as the Minister approves. Without limiting the powers of the Minister, he or she may require that the lease shall provide that— notwithstanding anything to the contrary in the compensation for improvements clause of the lease, the lessor may require the lessee to remove the whole or some of his or her improvements; or where improvements are of value to the lessor, the lessor may pay to the lessee the value of the improvements as determined by the Minister; or an incoming lessee shall pay to the outgoing lessee the value as determined by the Minister of specified improvements

The following table is medium in size and has 2 columns. Columns 1 and 2 are grouped under the heading Lease under section 54(1)(b)—Lease of recreation reserve for stands, pavilions, etc. Column 2 is headed Provisions of lease.
		Provisions of lease
Term		Not exceeding 33 years
Renewal		May include a provision that further similar terms may be granted if the administering body is satisfied that the terms and conditions of the lease have been complied with and that there is sufficient need for the sports, games, or other recreational activity specified in the lease, and that in the public interest some other sport, game, or recreational activity should not have priority
Freeholding rights		Nil
Rent		Such rent, including periodic reviews of rent, as the Minister approves
Admission charges		(Refer to other terms and conditions)
Termination		The land leased shall be used solely for such sports, games, or other recreational activities as are specified in the lease, and, if at any time the lessor is of the opinion that the land leased is not being used or is not being sufficiently used for the purpose specified in the lease, the lessor, after making such enquiries as the lessor thinks fit and giving the lessee an opportunity of explaining the usage of the land leased, and if satisfied that the land leased is not being used or is not being sufficiently used for the purpose specified in the lease, may terminate the lease on such terms as the Minister approves in any case where an administering body is the lessor, and as the Minister thinks fit in any other case
Compensation for improvements		On termination of the lease under the termination clause of the lease or by effluxion of time, surrender, breach of conditions, or otherwise, the land, together with all improvements thereon, shall revert to the lessor without compensation payable to the lessee or otherwise
Erection of buildings		The lease shall prohibit the erection of any building without the prior consent in writing of the Minister
Other terms and conditions		Such other terms and conditions as the Minister approves. Without limiting the powers of the Minister, he or she may— include an allocation of the use of a portion of the reserve, to be specified from time to time by the lessor, for the playing of specified sports, games, or other recreational activity. Such allocation may be for a whole year, part of a year, or for certain days in a year: grant the exclusive use of the land in the lease or allocated in terms of the lease on a specified number of days in each year during the term of the lease, but subject to the limitation imposed by section 53 as to the number of days on which a charge for admission to the ground and to any stands, pavilions, gymnasiums, or other buildings or facilities may be made: include a condition requiring the lessee to allow the use of playing facilities by non-members, on the payment of reasonable fees, on any occasion when playing facilities are open for play and the lessee is not exercising any right of exclusive use of the land: include a condition requiring the lessee to make the whole or part of any stands, pavilions, gymnasiums, or other buildings or structures available from time to time at reasonable charges to such other voluntary organisation using the reserve or part of it for outdoor sports, games, or recreational activities, or in special circumstances for recreation not directly associated with outdoor recreation: provide that, notwithstanding anything to the contrary in the compensation for improvements clause of the lease, the lessor may require the lessee to remove the whole or some of his or her improvements; may provide that, where improvements are of value to the lessor, the lessor may pay to the lessee the value of the improvements as determined by the Minister; or may provide that an incoming lessee shall pay to the outgoing lessee the value as determined by the Minister of specified improvements

The following table is medium in size and has 2 columns. Columns 1 and 2 are grouped under the heading Lease under section 54(1)(c)—Lessee of recreation reserve required to make substantial expenditure. Column 2 is headed Provisions of lease.
		Provisions of lease
Term		Not exceeding 33 years
Renewal		May include a provision that further similar terms may be granted if the lessor is satisfied that the terms and conditions of the lease have been complied with, and that there is sufficient need for the sports, games, or other recreational activity specified in the lease, and that in the public interest some other sport, game, or recreational activity should not have priority
Freeholding rights		Nil
Rent		Such rent, including periodic reviews of rent, as the Minister approves
Admission charges		(Refer to other terms and conditions)
Termination		The land leased shall be used solely for such sports, games, or other recreational activities as are specified in the lease, and, if at any time the lessor is of the opinion that the land leased is not being used or is not being sufficiently used for the purpose specified in the lease, the lessor, after making such enquiries as the lessor thinks fit and giving the lessee an opportunity of explaining the usage of the land leased, and if satisfied that the land leased is not being used or is not being sufficiently used for the purpose specified in the lease, may terminate the lease on such terms as the Minister approves in any case where an administering body is the lessor, and as the Minister thinks fit in any other case
Compensation for improvements		On termination of the lease under the termination clause of the lease or by effluxion of time, surrender, breach of conditions, or otherwise, the land, together with all improvements thereon, shall revert to the lessor without compensation payable to the lessee or otherwise
Erection of buildings		The lease shall prohibit the erection of any building without the prior consent in writing of the Minister
Other terms and conditions		Such other terms and conditions as the Minister approves. Without limiting the powers of the Minister, he or she may require that the lease shall— include the right to erect such stands, pavilions, gymnasiums, and other buildings and structures as the lessor determines are associated with and are necessary for the use of that part of the reserve for specified sports, games, or other recreational activity: grant the exclusive use of the land on a specified number of days in each year during the term of the lease, but subject to the limitation imposed by section 53 as to the number of days on which a charge for admission to the ground and to any buildings, stands, or facilities may be made: include a condition requiring the lessee to allow the use of playing facilities by non-members, on the payment of reasonable fees, on any occasion when playing facilities are open for play and the lessee is not exercising any right of exclusive use of the land: include a condition requiring the lessee to make the whole or part of any stands, pavilions, gymnasiums, or other buildings or structures available from time to time at reasonable charges to such other voluntary organisation using the reserve or part of it for outdoor sports, games, or recreational activities, or in special circumstances for recreation not directly associated with outdoor recreation: provide that, notwithstanding anything to the contrary in the compensation for improvements clause of the lease, the lessor may require the lessee to remove the whole or some of his or her improvements; may provide that where improvements are of value to the lessor, the lessor may pay to the lessee the value of the improvements as determined by the Minister; or may provide that an incoming lessee shall pay to the outgoing lessee the value as determined by the Minister of specified improvements

The following table is small in size and has 2 columns. Columns 1 and 2 are grouped under the heading Lease or licence under section 54(1)(d)—Lease or licence of recreation reserve for carrying on any trade, business, or occupation. Column 2 is headed Provisions of lease or licence.
		Provisions of lease or licence
Term		Not exceeding 33 years
Renewal		May include a provision that further similar terms may be granted if the lessor or licensor is satisfied that the terms and conditions of the lease or licence have been complied with, that some sport, game, or recreational activity should not have priority and that the trade, business, or occupation is still needed to enable the public to obtain the benefit and enjoyment of the reserve or for the convenience of persons using the reserve
Freeholding rights		Nil
Rent		Such rent, including periodic reviews of rent, as the Minister approves
Admission charges		Such admission charges, appropriate to the circumstances, as the Minister may from time to time approve
Termination		The land leased or licensed shall be used for the carrying on of such trade, business, or occupation as is specified in the lease or licence, and, if at any time the lessor or licensor is of the opinion that the land leased or licensed is not being used or is not being sufficiently used for the purpose specified in the lease or licence, the lessor or licensor, after making such enquiries as the lessor thinks fit and giving the lessee or licensee an opportunity of explaining the usage of the land leased or licensed, and if satisfied that the land leased or licensed is not being used or is not being sufficiently used for the purpose specified in the lease or licence, may terminate the lease or licence on such terms as the Minister approves in any case where an administering body is the lessor or licensor, and as the Minister thinks fit in any other case
Compensation for improvements		On termination of the lease or licence under the termination clause of the lease or licence or by effluxion of time, surrender, breach of conditions, or otherwise, the land, together with all improvements thereon, shall revert to the lessor or licensor without compensation payable to the lessee or licensee or otherwise
Erection of buildings		The lease or licence shall prohibit the erection of any building without the prior consent in writing of the Minister
Other terms and conditions		Such other terms and conditions as the Minister approves. Without limiting the powers of the Minister, he or she may require that the lease or licence shall provide that— notwithstanding anything to the contrary in the compensation for improvements clause of the lease or licence, the lessor or licensor may require the lessee or licensee to remove the whole or some of his or her improvements; or where improvements are of value to the lessor or licensor, the lessor or licensor may pay to the lessee or licensee the value of the improvements as determined by the Minister; or an incoming lessee or licensee shall pay to the outgoing lessee or licensee the value as determined by the Minister of specified improvements

The following table is small in size and has 2 columns. Columns 1 and 2 are grouped under the heading Lease under section 56(1)(a)—Lease of scenic reserve for baths, camping grounds, etc. Column 2 is headed Provisions of lease.
		Provisions of lease
Term		Not exceeding 33 years
Renewal		May include a provision that further similar terms may be granted if the conditions of the lease have been complied with, and if the lessor is satisfied that there is sufficient need for the facilities and amenities, and that some other use should not have priority in the public interest
Freeholding rights		Nil
Rent		Such rent, including periodic reviews of rent, as the Minister approves
Admission charges		Such charges for admission to and use of the baths, camping grounds, parking or mooring places, or other facilities and amenities as the Minister may from time to time approve
Termination		The land leased shall be used solely for such baths, camping grounds, parking or mooring places, or other facilities as are specified in the lease, and, if at any time the lessor is of the opinion that the land leased is not being used or is not being sufficiently used for the purpose specified in the lease, the lessor, after making such enquiries as the lessor thinks fit and giving the lessee an opportunity of explaining the usage of the land leased, and if satisfied that the land leased is not being used or is not being sufficiently used for the purpose specified in the lease, may terminate the lease on such terms as the Minister approves in any case where an administering body is the lessor, and as the Minister thinks fit in any other case
Compensation for improvements		On termination of the lease under the termination clause of the lease or by effluxion of time, surrender, breach of conditions, or otherwise, the land, together with all improvements thereon, shall revert to the lessor without compensation payable to the lessee or otherwise
Erection of buildings		The lease shall prohibit the erection of any building without the prior consent in writing of the Minister
Other terms and conditions		Such other terms and conditions as the Minister approves. Without limiting the powers of the Minister, he or she may require that the lease shall provide that— notwithstanding anything to the contrary in the compensation for improvements clause of the lease, the lessor may require the lessee to remove the whole or some of his or her improvements; or where improvements are of value to the lessor, the lessor may pay to the lessee the value of the improvements as determined by the Minister; or an incoming lessee shall pay to the outgoing lessee the value as determined by the Minister of specified improvements

The following table is small in size and has 2 columns. Columns 1 and 2 are grouped under the heading Lease or licence under section 56(1)(b)—Lease or licence of scenic reserve for carrying on any trade, business, or occupation. Column 2 is headed Provisions of lease or licence.
		Provisions of lease or licence
Term		Not exceeding 33 years
Renewal		May include a provision that further similar terms may be granted if the lessor or licensor is satisfied that the conditions of the lease or licence have been complied with and that there is sufficient need for the facilities and amenities, and that some other use should not have priority in the public interest
Freeholding rights		Nil
Rent		Such rent, including periodic reviews of rent, as the Minister approves
Admission charges		Such charges for admission appropriate to the circumstances as the Minister may from time to time approve
Termination		The land leased or licensed shall be used for the carrying on of such trade, business, or occupation as is specified in the lease or licence, and, if at any time the lessor or licensor is of the opinion that the land leased or licensed is not being used or is not being sufficiently used for the purpose specified in the lease or licence, the lessor or licensor, after making such inquiries as the lessor thinks fit and giving the lessee or licensee an opportunity of explaining the usage of the land leased or licensed, and if satisfied that the land leased or licensed is not being used or is not being sufficiently used for the purpose specified in the lease or licence, may terminate the lease or licence on such terms as the Minister approves in any case where an administering body is the lessor or licensor, and as the Minister thinks fit in any other case
Compensation for improvements		On termination of the lease or licence under the termination clause of the lease or licence or by effluxion of time, surrender, breach of conditions, or otherwise, the land, together with all improvements thereon, shall revert to the lessor or licensor without compensation payable to the lessee or licensee or otherwise
Erection of buildings		The lease or licence shall prohibit the erection of any building without the prior consent in writing of the Minister
Other terms and conditions		Such other terms and conditions as the Minister approves. Without limiting the powers of the Minister, he or she may require that the lease or licence shall provide that— notwithstanding anything to the contrary in the compensation for improvements clause of the lease or licence, the lessor or licensor may require the lessee or licensee to remove the whole or some of his or her improvements; or where improvements are of value to the lessor or licensor, the lessor or licensor may pay to the lessee or licensee the value of the improvements as determined by the Minister; or an incoming lessee or licensee shall pay to the outgoing lessee or licensee the value as determined by the Minister of specified improvements

The following table is small in size and has 2 columns. Columns 1 and 2 are grouped under the heading Lease under section 73(1)—Lease of recreation reserve for farming or grazing. Column 2 is headed Provisions of lease.
		Provisions of lease
Term		Not exceeding 33 years
Renewal		Nil
Freeholding rights		Nil
Rent		Such rent, including periodic reviews of rent, as the Minister approves
Termination		The land leased shall be used solely for such purpose of farming or grazing as is specified in the lease, and, if at any time the lessor is of the opinion that the land leased is not being used or is not being sufficiently used for the purpose specified in the lease, or if the lessor considers the land is required for the purpose of public recreation, the lease may be terminated on such terms as the Minister approves in any case where the administering body is the lessor, and as the Minister thinks fit in any other case
Compensation for improvements		On termination of the lease under the termination clause of the lease or by effluxion of time, surrender, breach of conditions, or otherwise, the land, together with all improvements thereon, shall revert to the lessor without compensation payable to the lessee or otherwise
Erection of buildings		The lease shall prohibit the erection of any building without the prior consent in writing of the Minister
Protection of natural, etc, features		The lease shall include a condition providing adequate safeguards to prevent the destruction of or damage to any natural, scenic, historic, cultural, archaeological, biological, geological, or other scientific features, or indigenous flora and fauna
Other terms and conditions		Such other terms and conditions as the Minister approves. Without limiting the powers of the Minister, he or she may require that the lease shall provide that— notwithstanding anything to the contrary in the compensation for improvements clause of the lease, the lessor may require the lessee to remove the whole or some of his or her improvements; or where improvements are of value to the lessor, the lessor may pay to the lessee the value of the improvements as determined by the Minister; or an incoming lessee shall pay to the outgoing lessee the value as determined by the Minister of specified improvements

The following table is small in size and has 2 columns. Columns 1 and 2 are grouped under the heading Lease under section 73(2)—Lease of recreation reserve for afforestation. Column 2 is headed Provisions of lease.
		Provisions of lease
Term		Not exceeding 40 years
Renewal		Nil
Freeholding rights		Nil
Rent		Such rent, including periodic reviews of rent, as the Minister approves
Termination		The land leased shall be used solely for such purpose of afforestation as is specified in the lease, and, if at any time the lessor is of the opinion that the land leased is not being used or is not being sufficiently used for the purpose specified in the lease, the lease may be terminated on such terms as the Minister approves in any case where the administering body is the lessor, and as the Minister thinks fit in any other case
Compensation for improvements		On termination of the lease under the termination clause of the lease or by effluxion of time, surrender, breach of conditions, or otherwise, the land, together with all improvements thereon, shall revert to the lessor without compensation payable to the lessee or otherwise
Erection of buildings		The lease shall prohibit the erection of any building without the prior consent in writing of the Minister
Protection of natural, etc, features		The lease shall include a condition providing adequate safeguards to prevent the destruction of or damage to any natural, scenic, historic, cultural, archaeological, biological, geological, or other scientific features, or indigenous flora or fauna
Other terms and conditions		Such other terms and conditions as the Minister approves. Without limiting the powers of the Minister, he or she may require that the lease shall provide that— notwithstanding anything to the contrary in the compensation for improvements clause of the lease, the lessor may require the lessee to remove the whole or some of his or her improvements; or where improvements are of value to the lessor, the lessor may pay to the lessee the value of the improvements as determined by the Minister; or an incoming lessee shall pay to the outgoing lessee the value as determined by the Minister of specified improvements

The following table is small in size and has 2 columns. Columns 1 and 2 are grouped under the heading Lease under section 73(3)—Where recreation reserve not being used, nor likely to be used, as such, but inadvisable or inexpedient to revoke reservation. Column 2 is headed Provisions of lease.
		Provisions of lease
Term		Not exceeding 33 years
Renewal		May include a provision for renewal terms up to 33 years, perpetual or otherwise
Freeholding rights		Nil
Rent		Such rent, including periodic reviews of rent, as the Minister approves
Termination		The land leased shall be used solely for such purpose as is specified in the lease, and, if at any time the lessor is of the opinion that the land leased is not being used or is not being sufficiently used for the purpose specified in the lease, or if the lessor considers the land is required for the purpose of public recreation, the lease may be terminated on such terms as the Minister approves in any case where the administering body is the lessor, and as the Minister thinks fit in any other case
Compensation for improvements		On termination of the lease under the termination clause of the lease or by effluxion of time, surrender, breach of conditions, or otherwise, the land, together with all improvements thereon, shall revert to the lessor without compensation payable to the lessee or otherwise
Erection of buildings		The lease may authorise the erection of buildings, subject to the prior consent of the Minister being obtained
Protection of natural, etc, features		The lease shall include a condition providing adequate safeguards to prevent the destruction of or damage to any natural, scenic, historic, cultural, archaeological, biological, geological, or other scientific features, or indigenous flora or fauna
Other terms and conditions		Such other terms and conditions as the Minister approves. Without limiting the powers of the Minister, he or she may require that the lease shall provide that— notwithstanding anything to the contrary in the compensation for improvements clause of the lease, the lessor may require the lessee to remove the whole or some of his or her improvements; or where improvements are of value to the lessor, the lessor may pay to the lessee the value of the improvements as determined by the Minister; or an incoming lessee shall pay to the outgoing lessee the value as determined by the Minister of specified improvements.