Canterbury Earthquake Recovery Bill

  • enacted
53  Notice of intention to take land
  • (1) The Minister may acquire land compulsorily by causing a notice of intention to take land in the name of the Crown to be published in the Gazette and twice publicly notified, which notice must give—

    • (a) a general description of the land required to be taken (including the name of and number in the road or some other readily identifiable description of the place where the land is situated); and

    • (b) a description of the purpose for which the land is to be used.

    (2) The Minister must serve on the owner of, and persons with a registered interest in, the land a notice of the intention to take the land in the form set out in Schedule 1, unless it is impracticable to do so.

    (3) The Minister must lodge a copy of the relevant notice in the Gazette under subsection (1) with the Registrar-General of Land, who must register it without fee against the computer register affected.

    (4) Any notice under this section may be withdrawn by the Minister, and, if it is withdrawn, a notice to that effect must be lodged with the Registrar-General of Land, who must register it without fee against the computer register to the land.

    (5) To avoid doubt, there is no right of objection to a notice of intention to take land.

    (6) A notice of intention to take land under this section ceases to have effect on the expiration of 3 years after the date of the publication of the relevant notice in the Gazette unless, on or before the expiration of that period,—

    • (a) a Proclamation taking the land has been published in the Gazette; or

    • (b) the Minister has, by further notice in writing served on the owner of the land intended to be taken, and persons with a registered interest in the land, confirmed the intention of taking the land.

    (7) If the Minister has confirmed the intention of taking the land, the notice of intention so confirmed ceases to have effect unless, on or before the expiration of 2 years after the date of that confirmation, a Proclamation taking the land has been published in the Gazette.