9.0 Parts 4 and 4A Conservation Act 1987 and Part 3 Reserves Act 1977 Flashcards
Outline the general purpose of the Reserves Act, as provided for in section 3 of the Act
- providing, for the preservation and management for the benefit and enjoyment of the public, areas of New Zealand possessing—
(i) recreational use or potential, whether active or passive; or
(ii) wildlife; or
(iii) indigenous flora or fauna; or
(iv) environmental and landscape amenity or interest; or
(v) natural, scenic, historic, cultural, archaeological, biological, geological, scientific, educational, community, or other special features or value: - ensuring, as far as possible, the survival of all indigenous species of flora and fauna, both rare and commonplace, in their natural communities and habitats, and the preservation of representative samples of all classes of natural ecosystems and landscape which in the aggregate originally gave New Zealand its own recognisable character:
- ensuring, as far as possible, the preservation of access for the public to and along the sea coast, its bays and inlets and offshore islands, lakeshores, and riverbanks, and fostering and promoting the preservation of the natural character of the coastal environment and of the margins of lakes and rivers and the protection of them from unnecessary subdivision and development.
List six of the seven types of reserves provided for in sections 17 to 23 of the Reserves Act.
Recreation, Historic, Scenic, Nature, Scientific, Government Purpose, Local Purpose
What is the purpose of a Local Purpose Reserve?
for the purpose of providing and retaining areas for such local purpose or purposes as are specified in any classification of the reserve.
Pursuant to section 24 Conservation Act, when and where must a marginal strip be reserved?
When - upon the sale or any other disposition of any land by the Crown
Where - along and abutting the landward margin of any foreshore (of the sea), or the bed of any lake, or the bed of any river or any stream being a bed that has an average width of 3 metres or more
How would you identify whether or not land held in a certificate of title was subject to Part 4A Conservation Act?
Section 24D(1) Conservation Act - Upon the registration of any disposition by the Crown of any land under the Land Transfer Act 1952, the District Land Registrar of the land registration district affected shall, without fee, record on the certificate of title for that land a statement to the effect that the land to which the certificate of title relates is subject to this Part (i.e. look for the statement on the title ‘subject to Part 4A Conservation Act 1987’).
When marginal strips have been reserved from the sale of a parcel of Crown Land, what effect does this have on the description and area of the land comprised in the certificate of title for that parcel?
Section 24D(6) Conservation Act - The land comprised in the certificate of title shall be deemed to be all the land described in that certificate of title, with the exception of any portion that is deemed to be reserved as marginal strip; and may be defined for the purposes of the issue of a certificate of title as if this Part had not been passed. (i.e. the description and area of the land are the same as if the marginal strips were included in the title, but the land actually held in the title does not include the marginal strips).
Sections 17 to 23 Reserves Act 1977 provides for seven types of reserves. List six of the seven types of reserves.
Section 17 – Recreation reserves. Section 18 – Historic reserves. Section 19 – Scenic reserves. Section 20 – Nature reserves. Section 21 – Scientific reserves. Section 22 – Government purpose reserves. Section 23 – Local purpose reserves.
What are the two purposes of scenic reserves as stipulated under Section 19(1) Reserves Act 1977?
It is hereby declared that the appropriate provisions of this Act shall have effect, in relation to reserves classified as scenic reserves –
(a) for the purpose of protecting and preserving in perpetuity for their intrinsic worth and for the benefit, enjoyment, and use of the public, suitable areas possessing such qualities of scenic interest, beauty, or natural features or landscape that their protection and preservation are desirable in the public interest:
(b) for the purpose of providing, in appropriate circumstances, suitable areas which by development and the introduction of flora, whether indigenous or exotic, will become of such scenic interest or beauty that their development, protection, and preservation are desirable in the public interest.
Section 48(1) Reserves Act 1977 lists six situations where a right of way or any other easement may be created over any part of a reserve. List these situations.
Subject to subsection (2) and to the Resource Management Act 1991, in the case of reserves vested in an administering body, the administering body, with the consent of the Minister and on such conditions as the Minister thinks fit, may grant rights of way and other easements over any part of the reserve for –
(a) any public purpose; or
(b) providing access to any area included in an agreement, lease, or licence granted under the powers conferred by this Act; or
(c) the distribution or transmission by pipeline of natural or manufactured gas, petroleum, biofuel, or geothermal energy; or
(d) an electrical installation or work, as defined in section 2 of the Electrical Act 1992; or
(e) the provision of water systems; or
(f) providing or facilitating access or the supply of water to or the drainage of any other land not forming part of the reserve or for any other purpose connected with any such land
Pursuant to Section 24(1) Conservation Act 1987, where must marginal strips be reserved from the sale, or other disposition of any land, by the Crown? And what is the nominal width required for these marginal strips?
There shall be deemed to be reserved from the sale or other disposition of any land by the Crown a strip of land 20 metres wide extending along and abutting the landward margin of
(a) any foreshore; or
(b) the normal level of the bed of any lake not subject to control by artificial means; or
(c) the bed of any river or any stream (not being a canal under the control of a State enterprise within the meaning of section 2 of the State-Owned Enterprises Act 1986 and used by the State enterprise for, or as part of any scheme for, the generation of electricity), being a bed that has an average width of 3 metres or more.
Section 24B Conservation Act 1987 allows the Minister to provide exemption from the provision of marginal strips that would otherwise be required by Section 24 of the Act.
What are the two criteria, as stipulated in subsection (2), which allows this to be considered?
The Minister may make a declaration under subsection (1) only if satisfied
(a) that the land has little or no value in terms of the purposes specified in section 24C; or
(b) that any value the land has in those terms can be protected effectively by another means.
What are the three purposes of a marginal strip as stipulated under Section 24C Conservation Act 1987?
(a) for conservation purposes, in particular
(i) the maintenance of adjacent watercourses or bodies of water; and
(ii) the maintenance of water quality; and
(iii) the maintenance of acquatic life and the control of harmful species of acquatic life; and
(iv) the protection of the marginal strips and their natural values; and
(b) to enable public access to any adjacent watercourses or bodies of water; and
(c) for public recreational use of the marginal strips and adjacent watercourses or bodies of water
Section 19(1) Conservation Act 1987 provides management criteria for Conservation Parks. List these management criteria.
Every conservation park shall so be managed
(a) that its natural and historic resources are protected; and
(b) subject to paragraph (a), to facilitate public recreation and enjoyment
Section 20(1) Conservation Act 1987 list provisions applying to Wilderness Areas. List four of these five provisions
Subject to subsections (2) to (4), the following provisions apply to every wilderness area:
(a) its indigenous natural resources shall be preserved:
(b) no building or machinery shall be erected on it:
(c) no building, machinery, or apparatus shall be constructed or maintained on it:
(d) no livestock, vehicles, or motorised vessels (including hovercraft and jet boats) shall be allowed to be taken into or used in it and no helicopter or other motorised aircraft shall land or take off or hover for the purpose of embarking or disembarking passengers or goods in it:
(e) no roads, tracks, or trails shall be constructed on it.
Sections 21 to 23B Conservation Act 1987 provides management requirements for five more Specially Protected Areas. List the names of four of these areas.
Section 21: Ecological areas Section 22: Sanctuary areas Section 23: Watercourse areas Section 23A: Amenity areas Section 23B: Wildlife management areas
