Ref: OIAM-240
The President
Ohakune Ratepayers and Residents' Society Inc
[FYI request #29394 email]
Tēnā koe Mr Murphy
Thank you for your email of 30 November 2024 which included an Official Information
Act (OIA) request. You provided the following context:
‘We are forwarding this OIA Request to you as Minister of Conservation as it
involves, in our view, the Ruapehu District Council (RDC) apparent disregard for
compliance with the provisions of the Reserves Act, being:
A. Not having a Reserves Management Plan for the (gazetted) Ohakune
Domain, aka Carrot Park, Rockfort Park Reserve.
B. During around 2017/18 carrying out the following physical works, within the
aforesaid Reserve, without the proper legislative consents, including it would
appear from yourself and/or another Minister.
i) Constructing a public road formation.
ii) Constructing a carpark,
iii) Constructing a Toilet Block.’
You then requested the following:
‘Our OIA Request is;
1. Please provide a copy of all communications, file notes etc between RDC and
yourself and any other Minister in relation to i-iii above.
2. As Minister:
a) Does it concern you that RDC is/has ignored the statutory provisions of the
Reserves Act for the above 3 items
b) What steps are you to take to ensure RDC comply with the provisions of the
Act (and other Acts if applicable) for the above 3 items.’
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In light of the context of your request, some general explanation about the Reserves
Act 1977 (the Act), the powers of an administering body and the Minister’s consent
role may be helpful before addressing your OIA request.
The Act categorises reserves into several different classifications and identifies an
appropriate purpose for eac
h1. The Act then provides for the:
• management and control of reserves by an administering body;
• powers of both the administering body and the Minist
er2; • particular activities that can be undertaken or approved on particular
classifications of reserve by the administering b
ody3;
• which of those powers require the prior consent of the Minister (or their
delegat
e4).
The Act identifies some activities that can be undertaken/authorised by the
administering bodies on recreation reserves without Ministerial consen
t5. For
example planting grass, regulating public activities. In addition, where the
administering body is a local authority it only requires the Minister’s consent for two
provisions relating to public admission ch
arges6.
Turning to the situation of the Ohakune Recreation Reserve (the Reserve) it is:
• a recreation reserve;
• controlled and managed by the Ruapehu District Council (RDC) - a local
authority - the administering body.
The Act provides the RDC with the power to set apart parts of the Ohakune recreation
reserve and to construct footpaths, driveways, public facilities (e.g. toilets), and car
park
s7. In addition, as a local authority the RDC is exempt from the requirement to
obtain the Minister’s consent for such developments.
Your questions and my responses are listed below:
1. Please provide a copy of all communications, file notes etc between RDC and
yourself and any other Minister in relation to i-iii above.
My office does not hold any correspondence regarding the 2017/2018
developments of the Reserve. As such this aspect of your request is refused in
1 Sections 16 to 23 Reserves Act
- Reserves Act 1977 No 66 (as at 23 December 2023), Public Act
Contents – New Zealand Legislation. 2 Sections 26 to 75 Reserves Act.
3 Sections 53 and 54 for a recreation reserve.
4 A delegation is a statutory power given to Departmental staff by the Minister to exercise certain
functions and powers.
5 Sections 53(1)(a)-(c), (l), (m)-(o).
6 Section 53(2).
7 Section 53(1)(h).
full under section 18(e) of the Act as the information requested does not exist
and cannot be found despite a reasonable search.
This is representative of the RDC not requiring the Minister’s consent under
section 53(1)(h) of the Act – as such RDC would not have needed to have
applied for such consent.
2. Does it concern you that RDC is/has ignored the statutory provisions of the
Reserves Act for the above 3 items
As noted above the Act does not require the RDC to obtain Minister’s consent
for the construction of driveways, car parks, toilets or other public facilities on
a reserve. Accordingly, as the RDC does not need the Minister’s consent it did
not ‘
ignore the statutory provisions of the Reserves Act’ by not obtaining it.
3. What steps are you to take to ensure RDC comply with the provisions of the Act
(and other Acts if applicable) for the above 3 items.
As noted above, the RDC is empowered to undertake developments under
section 53(1)(h) of the Act without Ministerial consent. To ensure RDC is kept
abreast of your concerns a copy of this response will be provided for their
reference.
You are entitled to seek an investigation and review of my decision by writing to an
Ombudsman as provided by section 28(3) of the Official Information Act.
Mauriora
Hon Tama Potaka
Minister of Conservation