Reserve Management Plans - National Statutory Context

The Reserves Act 1977, the Local Government Act 2002, Conservation Act 1987 and the Resource Management Act 1991 set out the core regulatory functions of local authorities in managing reserve land. Reserve Management Plans require the consideration of these statutory documents.

Reserves Act 1977

The Reserves Act is the key piece of legislation for administering public reserves. The Reserves Act sets out how reserves are to be managed by administering bodies in accordance with the general purpose of the Reserves Act, as set out in Section 3 of the Act, summarised as follows:

• Providing for the preservation and management of areas for the benefit and enjoyment of the public
• Ensuring, as far as possible, the survival of all indigenous species of flora and fauna
• Ensuring, as far as possible, the preservation of access for the public
• Providing for the preservation of representative samples of all classes of natural ecosystems and landscape
• Promoting the protection of the natural character of the coastal environment and the margins of lakes and rivers

Resource Management Act 1991

The Resource Management Act 1991 (RMA) is the key piece of legislation for managing environmental resources in New Zealand. The purpose of the RMA is to promote the sustainable management of natural and physical resources. Council, as an administrating body and owner of reserve land, is required to comply with provisions in the RMA and documents prepared under the RMA such as Regional and District Plans.

Local Government Act 2002

The Local Government Act 2002 (LGA) enables and directs general administrative processes for local authorities in managing reserves.

Conservation Act 1987

The Conservation Act was developed to promote the conservation of natural and historic resources in New Zealand. The Act has a number of functions including the management of land for conservation purposes and fostering recreation activities on conservation land, providing the use is consistent with the conservation of the resource. This is relevant to the management of reserves as the administering body of this piece of legislation - the Department of Conservation - is involved in the management and maintenance of reserves classified under the Reserves Act.

Treaty of Waitangi

The Reserves Act is required to be interpreted and administered so as to give effect to the principles of the Treaty of Waitangi. Reserve Management Plans take into account the following principles:

• Tino rangatiratanga
• Active participation
• Partnership (mutually beneficial relationship)
• Active protection
• Iwi and hapu development

Reserve Management Plans seek to recognise and provide for the relationship of Māori and their culture and traditions with their ancestral lands, water, sites, wahi tapu and other taonga.