Land Subdivision in Counties Amendment Act 1955
Land Subdivision in Counties Amendment Act 1955
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Land Subdivision in Counties Amendment Act 1955
Land Subdivision in Counties Amendment Act 1955
Public Act |
1955 No 47 |
|
Date of assent |
21 October 1955 |
|
Contents
An Act to amend the Land Subdivision in Counties Act 1946.
BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:
1 Short Title.
1946, No. 23; reprinted 1954, Vol. II, p. 1388
This Act may be cited as the Land Subdivision in Counties Amendment Act 1955, and shall be read together with and deemed part of the Land Subdivision in Counties Act 1946 (hereinafter referred to as the principal Act).
2 Scheme plans to lapse if plan of subdivision not deposited within three years.
1953, No. 93
Section three of the principal Act is hereby amended by omitting from subsection seven a (as enacted by section six of the Land Subdivision in Counties Amendment Act 1953) the words “two years”
wherever they occur, and substituting in each case the words “three years”
.
3 No appeal against refusal of Minister to approve scheme plan prohibited by local authority.
1953, No. 93
Section four of the principal Act (as substituted by section eight of the Land Subdivision in Counties Amendment Act 1953) is hereby amended by adding the following subsection as subsection two thereof:
“(2)
Notwithstanding anything in this or any other Act, no appeal shall lie against any refusal of the Minister to approve any scheme plan or any variation of any scheme plan or to impose or vary any such conditions on the ground that the scheme plan or the conditions, or the variation thereof, as the case may be, have been prohibited by the local authority.”
4 Where appeal allowed against prohibition by local authority.
The principal Act is hereby amended by inserting, after section four (as substituted as aforesaid), the following new section:
“4a
Where—
“(a)
The Minister has refused to approve a scheme plan or any variation of a scheme plan or to impose or vary any conditions upon the ground that the local authority has prohibited the plan or the conditions or the variation thereof, as the case may be; and
“(b)
The appeal of the subdividing owner against the prohibition by the local authority has been allowed by the Town and Country Planning Appeal Board, in whole or in part,—
then, notwithstanding the decision of the Board, the scheme plan or variation thereof shall not be deemed to have been approved for the purposes of this Act, or, as the case may be, the conditions shall not be deemed to have been imposed or varied, but all the provisions of this Act shall apply thereto as if the local authority had not prohibited the scheme plan or the conditions or the variation thereof, except to the extent (if any) to which the appeal was disallowed.”
5 Appeal against Minister’s decision as to value of commercial or industrial allotments.
Section twelve of the principal Act is hereby amended by adding to subsection three a (as enacted by section thirteen of the Land Subdivision in Counties Amendment Act 1953) the following proviso:
“Provided that any person aggrieved by a determination of the Minister as to the value of any such allotment or of any land to be so set aside or reserved may appeal in the prescribed manner to the Land Valuation Court against the determination, and the decision of the Court thereon shall be final and conclusive.”
6 Bonds for payments of cash in lieu of reserves or Crown land.
1947, No. 64
(1)
Section twelve of the principal Act is hereby further amended by omitting from subsection five (as amended by section seventeen of the Land Laws Amendment Act 1947) all words after the words “as the Minister may specify”
.
(2)
Section twelve of the principal Act is hereby further amended by inserting, after subsection six, the following subsections:
“(6a)
Where any money is payable to the Receiver of Land Revenue under subsection three a or subsection five of this section, the Minister may require the owner or some other person to enter into a bond for the payment thereof. Notwithstanding the provisions of subsection six of this section, any such bond in any case to which subsection five of this section applies may provide that the amount payable shall be determined by reference to the amounts for which specified allotments or a specified number of allotments are sold, or in any other manner whatsoever.
1952, No. 52
“(6b)
Every such bond shall be deemed to create an interest in land for the purposes of section one hundred and thirty-seven of the Land Transfer Act 1952, and any Chief Surveyor may on behalf of Her Majesty lodge with the District Land Registrar a caveat under that Act in respect of the land shown in the scheme plan. Any such caveat may be withdrawn, either as to the whole or as to any part of the land, by the Chief Surveyor.”
(3)
Section seventeen of the Land Laws Amendment Act 1947 is hereby consequentially repealed.
7 Crown land may be set apart as reserve.
1953, No. 69
Section thirteen of the principal Act is hereby amended by adding to subsection two the following proviso:
“Provided that, at any time before any such Crown land has been so disposed of, the Minister, by notice in the Gazette, may declare that the land or any specified part thereof is set aside as a reserve for the purposes specified in the notice, and thereafter the land or part thereof, as the case may be, shall be subject to the Reserves and Domains Act 1953.”
8 Disposal of money paid in lieu of reserves or Crown land.
(1)
Section fourteen of the principal Act is hereby amended by repealing paragraph (d) of subsection two, and substituting the following paragraphs:
“(d)
The refund to the owner who paid the money to the Receiver of the amount paid by him in any case where the scheme plan is revoked or lapses:
“(e)
Payment to any Borough Council or Town Council on the application of the Council of money received in respect of land situated in areas which since the date of receipt have been included in the borough or town district:
“(f)
Payment to any Borough Council or Town Council on the application of the Council of money received in respect of the sale of Crown land vested in Her Majesty under subsection two of section thirteen of this Act, being a sale made after the date when the land was included in the borough or town district.”
1953, No. 93
(2)
Section fourteen of the principal Act is hereby further amended by repealing subsection three (as amended by section seventeen of the Land Subdivision in Counties Amendment Act 1953), and substituting the following subsections:
“(3)
The Minister shall not direct any payment under paragraph (a) or paragraph (b) or paragraph (c) of subsection two of this section, unless he is of the opinion that the expenditure of the money will be of some benefit either to the residents of the county or counties in which the land included in the scheme plan was situated at the time of the approval of the plan or to the residents of the district of the local authority in which the land is situated at the time when the Minister directs the payment.
“(4)
Where only part of the land included in any scheme plan has since the approval of the plan been incorporated in a borough or town district, a proportionate part only of the money received in respect of the land may be paid to the local authority under the provisions of paragraphs (e) and (f) of subsection two of this section. That proportion shall be determined by the Minister, whose decision shall be final.”
(3)
Section seventeen of the Land Subdivision in Counties Amendment Act 1953 is hereby consequentially repealed.
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Versions
Land Subdivision in Counties Amendment Act 1955
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