Reserves Act 1977

Classification and management of reserves - Classification and purpose of reserves

16A: Application of section 16 to nature and scientific reserves after commencement of Crown Minerals Amendment Act 2013

You could also call this:

"Rules for classifying nature and scientific reserves after 2013 law change"

Illustration for Reserves Act 1977

When the Crown Minerals Amendment Act 2013 started, some rules changed for nature and scientific reserves. You need to know that existing reserves that were not yet classified had to be classified as either a nature reserve or a scientific reserve. New nature and scientific reserves created after the Crown Minerals Amendment Act 2013 also had to be classified. The Minister can recommend that the Governor-General make an Order in Council to name and classify a reserve as a nature reserve or a scientific reserve. This happens if the main purpose of the reserve is the same as that specified for a nature reserve or a scientific reserve. You should be aware that before the Minister makes a recommendation, they must refer the proposed name to the New Zealand Geographic Board Ngā Pou Taunaha o Aotearoa and give public notice of the proposed name and classification. When a reserve is classified, it must be used for the purpose it was classified for and no other purpose. An Order in Council made under this section is secondary legislation, which has its own publication requirements as outlined in the Legislation Act 2019.

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Part 3Classification and management of reserves
Classification and purpose of reserves

16AApplication of section 16 to nature and scientific reserves after commencement of Crown Minerals Amendment Act 2013

  1. Despite section 16, on and from the commencement of the Crown Minerals Amendment Act 2013,—

  2. all reserves existing immediately before the commencement of that Act and not yet classified in accordance with section 16 must be classified in accordance with this section if the reserve is to be classified as a nature reserve or as a scientific reserve:
    1. all nature and scientific reserves created after the commencement of the Crown Minerals Amendment Act 2013 must be classified in accordance with this section.
      1. The Minister may recommend to the Governor-General that an Order in Council be made to name and classify a reserve as a nature reserve or as a scientific reserve if the principal or primary purpose of the reserve is the same as that specified for—

      2. a nature reserve in section 20; or
        1. a scientific reserve in section 21.
          1. The Governor-General may, by Order in Council made on the recommendation of the Minister, name and classify a reserve as a nature reserve or as a scientific reserve.

          2. Before making a recommendation under subsection (2), the Minister must—

          3. refer the proposed name to the New Zealand Geographic Board Ngā Pou Taunaha o Aotearoa under section 27(2) of the New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008; and
            1. give public notice in accordance with section 119 specifying the name and classification proposed, and must consider in accordance with section 120 all objections and submissions in relation to the proposal, and those sections apply accordingly with any necessary modifications.
              1. When classified under this section, each reserve must be held and administered for the purpose or purposes for which it is classified and for no other purpose.

              2. An order under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

              Notes
              • Section 16A: inserted, on , by section 7 of the Reserves Amendment Act 2013 (2013 No 17).
              • Section 16A(6): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).