Local Government Act 2002

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139 Protection of regional parks

  • (1) In this section and section 139A, regional park—

    • (a) means land—

      • (i) owned by a regional council; and

      • (ii) acquired or used principally for community, recreational, environmental, cultural, or spiritual purposes; and

    • (b) includes land within the meaning of paragraph (a) that is—

      • (i) reserve within the meaning of section 2(1) of the Reserves Act 1977; or

      • (ii) otherwise held or administered under the Reserves Act 1977 or any earlier corresponding enactment.

    (2) For the purpose of enabling a regional council to protect a regional park or part of a regional park in its region, the Governor-General may, by Order in Council made on the recommendation of the Minister, declare the park or the part of the park to be protected in perpetuity from disposition (by sale or otherwise).

    (3) The Minister must not make a recommendation unless the regional council has requested the Minister to do so.

    (4) An Order in Council does not prevent a regional council from disposing of part of the regional park to which the order applies—

    • (a) to make a minor boundary adjustment to it:

    • (b) for the more efficient administration of it.

    (5) However, subsection (4) applies only if—

    • (a) the retention of the land would not materially enhance the conservation or recreational value of the park; and

    • (b) the regional council has used the special consultative procedure in the process of determining whether to dispose of the land.

    (6) Any land within the meaning of subsection (1)(b) that is included in an Order in Council—

    • (b) remains subject to that Act; and

    • (c) if the land is to be sold or disposed of under subsection (4) of this section, must first be dealt with under sections 24 and 25 of that Act.

    (7) An Order in Council must specify the regional park or the part of the regional park to which the order applies—

    • (a) by name and legal description, if it is practicable to do so; or

    • (b) by name and a detailed description of the location of the land, in any other case.

    Section 139: substituted, on 28 June 2006, by section 14 of the Local Government Act 2002 Amendment Act 2006 (2006 No 26).