New Zealand Legislation: Acts
Acts are laws made by Parliament
(1) Notwithstanding section 24 of this Act, where any local purpose reserve is vested in a territorial authority or regional council, that territorial authority or regional council may, by notice in the Gazette, change the purpose for which that reserve is classified within its classification as a local purpose reserve.
(2) Before the specified purpose of any local purpose reserve is changed pursuant to subsection (1) of this section,—
(a) The territorial authority or regional council shall publicly notify the proposed change of purpose, specifying the reason or reasons for the proposal:
(b) Every person claiming to be affected by the proposed change of purpose shall have a right of objection to the change, and may, at any time within 1 month after the date of the first publication of the notice of the proposal, give notice in writing of his objections to the proposed change and of the grounds thereof to the chief executive of the territorial authority:
Provided that, where the date of the first publication of the notice of the proposal falls between the period commencing with the 10th day of December in any year and ending with the 10th day of January in the next succeeding year, notice of objection to the proposed change may be given at any time before the 10th day of February next following that period:
(c) The territorial authority or regional council shall as soon as practicable consider all objections lodged in accordance with paragraph (b) of this subsection:
(d) Any person who does not lodge an objection in accordance with this subsection shall be deemed to have assented to the change of purpose set forth in the public notification.
(3) Nothing in subsection (2) of this section shall apply in any case where the reason for the proposed change of purpose is to bring the specific purpose for which the reserve is classified into conformity with—
(a) The operative district plan in force under the Resource Management Act 1991 for the district in which the reserve is situated:
(b) Any resource consent applying to the reserve granted by the territorial authority or regional council in accordance with Part 6 of that Act.
Section 24A was inserted, as from 1 January 1980, by section 10 Reserves Amendment Act 1979 (1979 No 63).
The heading to section 24A was amended, as from 1 July 2003, by section 262 Local Government Act 2002 (2002 No 84) by inserting the words “or regional council”
. See sections 273 to 314 of that Act as to the savings and transitional provisions.
Subsection (1) was amended, as from 1 July 2003, by section 262 Local Government Act 2002 (2002 No 84) by substituting the words “or regional council, that territorial authority or regional council”
for the words “that authority”
. See sections 273 to 314 of that Act as to the savings and transitional provisions.
Subsection (2)(a) was amended, as from 1 July 2003, by section 262 Local Government Act 2002 (2002 No 84) by inserting the words “or regional council”
after the words “territorial authority”
. See sections 273 to 314 of that Act as to the savings and transitional provisions.
Subsection (2)(b) was amended, as from 1 July 2003, by section 262 Local Government Act 2002 (2002 No 84) by substituting the words “chief executive”
for the words “principal administrative officer”
. See sections 273 to 314 of that Act as to the savings and transitional provisions.
Subsection (2)(c) was amended, as from 1 July 2003, by section 262 Local Government Act 2002 (2002 No 84) by inserting the words “or regional council”
after the words “territorial authority”
. See sections 273 to 314 of that Act as to the savings and transitional provisions.
Subsection (3)(a) and (b) were substituted, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).
Subsection (3)(b) was amended, as from 1 July 2003, by section 262 Local Government Act 2002 (2002 No 84) by substituting the words “territorial authority or regional council”
for the word “council”
. See sections 273 to 314 of that Act as to the savings and transitional provisions.