Division 4 Formation of reserve trusts
92 Reserve trusts
(1) The Minister may, by notification in the Gazette, establish and
name a reserve trust and appoint it as trustee of any one or more specified
reserves or any one or more parts of a reserve.
(2) A reserve trust established under subsection (1) is constituted by
this Act as a corporation having as its corporate name the name assigned to
the trust in the notification of its establishment.
(3) The Minister may, by notification in the Gazette:
(a) dissolve a reserve trust, or
(b) alter the corporate name of a reserve trust,
(c) revoke the appointment of the reserve trust as trustee of any one
or more specified reserves or any one or more parts of a
(4) A reserve trust has the functions conferred on it by or under this
(5) A reserve trust is charged with the care, control and management
of any reserve (or any part of a reserve) of which it is appointed
(6) The affairs of a reserve trust are to be managed:
(a) by the Minister, or
(b) if a trust board is appointed under section 93—by the trust
(c) if a corporation is appointed under section 95—by the
(d) if an administrator is appointed under section 117—by the
(6A) In this Division, a reference to a reserve trust
manager is a reference to the Minister (to the extent that the
Minister is responsible for managing the affairs of a reserve trust), or any
such trust board, corporation or administrator.
(6B) There can be more than one reserve trust manager for a reserve
trust with the function of managing the affairs of the reserve trust allocated
between them by the Minister in accordance with the following
(a) The Minister can allocate the exercise of functions in respect of
different aspects of the affairs of the reserve trust or different parts of
the reserve to different reserve trust managers, as specified in the
allocation or as determined by the Minister, with those functions to be
exercised in accordance with such arrangements (if any) as may be determined
by the Minister.
(b) The Minister is the reserve trust manager for any aspect of the
affairs of a reserve trust or any part of the reserve not allocated to another
reserve trust manager and is accordingly allocated the function of managing
the affairs of the reserve trust in respect of any such unallocated aspects of
those affairs or unallocated parts of the reserve.
(c) A reserve trust manager has the function of managing the affairs
of the reserve trust only to the extent of the allocated functions and is, for
the purposes of this or any other Act or law, the reserve trust manager to
that extent only.
(7) If a reserve trust is appointed as trustee of more than one
reserve (or more than one part of a reserve), a reference in this Part to the
reserve (or part of the reserve) in relation to the reserve trust includes a
reference to any one or more of the reserves (or any one or more of the parts
of the reserve) of which the reserve trust has been appointed as
93 Membership of trust board
A trust board shall consist of at least 3, but not more than 7,
members (none of them being a corporation) appointed by the Minister by
notification in the Gazette and such number of ex officio members as are so
94 Matters affecting members of a trust board
(1) Schedule 3 has effect with respect to the members of a trust
(2) Schedule 4 has effect with respect to pecuniary interests of
members of a trust board.
(3) Schedule 5 has effect with respect to the procedure at meetings of
a trust board.
95 Appointment of corporation to manage reserve
(1) The Minister may, by notification in the Gazette, appoint:
(a) a council,
(b) a corporation constituted by or under an Act providing for the
holding, managing of or dealing with church property, or
(c) any other corporation (including the Ministerial
to manage the affairs of a reserve trust.
(2) A corporation so appointed has power to accept the appointment and
to exercise all the functions of a manager of a reserve trust despite the
provisions of the Act by or under which the corporation is
(2A) A corporation may be appointed as the manager of a reserve trust
for such term as may be specified in the notification of appointment or by any
(2B) The term of office of a corporation that has been appointed as the
manager of a reserve trust may be extended by the Minister from time to time
by a further notification in the Gazette.
(3) A council may not be appointed to manage a reserve trust if the
reserve is wholly or partly within the area of another council, except with
the consent of the other council.
(4) A document is sufficiently executed by a reserve trust managed by
a corporation if it is executed under the seal of the corporation instead of
the seal of the trust.
96 Vacation of office by corporate manager
(1) A corporation which is the manager of a reserve trust vacates the
(a) it resigns its office by writing under its seal addressed to the
(b) it is removed from office by the Minister, or
(c) it completes a term of office and is not
(2) The Minister may, by notification in the Gazette, remove such a
corporation from office at any time.
(3) If a corporation, whether appointed before or after the
commencement of this subsection, is removed from office by the Minister as the
manager of a reserve trust, no compensation is payable to the corporation
because of the corporation ceasing to hold office.
96A Performance management for reserve trust
(1) The Minister may, in such manner as the Minister considers
appropriate, require reserve trust managers to report to the Minister on their
performance in managing reserves and on such other matters as the Minister
(2) Any such requirement may specify:
(a) the intervals at which reserve trust managers are to report to the
(b) the performance management criteria against which the performance
of reserve trust managers is to be assessed by the
97 Address for service of documents on reserve
(1) The Minister may, by order published in the Gazette, specify an
address as the address for service of documents on a specified reserve
(2) The address specified is the address for service of documents
personally or by post on the reserve trust.
97A Delegation of functions by reserve trust
(1) A reserve trust manager may, with the approval of the Minister,
delegate any of its functions as reserve trust manager to any other person or
(2) Without limiting section 49 of the Interpretation Act 1987, a
delegation by a reserve trust manager under subsection (1) may, with the
approval of the Minister, be revoked by the reserve trust manager at any
98 Application of Local Government Act where a council
manages a reserve trust
(1) If a council is the manager of a reserve trust and the reserve (or
the part of the reserve) is a public reserve, the trust has all the functions
of a council under the Local Government Act
1993 in relation to public
(1A) However, the trust has no power to classify the public reserve or
any part of it as operational land under the Local Government Act
(2) This Act prevails to the extent of any inconsistency with the
Local Government Act 1993 in
relation to the public reserve and this section does not authorise a failure
to comply with any provision of this Act.
(3) In this section, public reserve has
the same meaning as it has in the Local
Government Act 1993.
98A Responsibility for certain reserves
(1) This section applies to a reserve that is a public reserve within
the meaning of the Local Government Act
1993 (other than a public reserve referred to in section 48
(1) (b) of that Act).
(2) The Minister may, by notification in the Gazette, declare that any
reserve to which this section applies is for the time being under the care,
control and management of the Minister.
(3) Accordingly, the council does not have control of the reserve as
provided by section 48 of the Local
Government Act 1993.
(4) If the Minister, by later notification in the Gazette, revokes a
notification under subsection (2) in relation to a reserve, section 48 of the
Local Government Act 1993 is
taken to apply in relation to the reserve.
(5) A reference in this section to a reserve includes a reference to
any part of a reserve.