This Act may be cited as the Town and Country Planning Amendment Act 1961, and shall be read together with and deemed part of the Town and Country Planning Act 1953 (hereinafter referred to as the principal Act).

2 Interpretation

Section 2 of the principal Act is hereby amended by inserting in subsection (2), before the words “one week”, the words “not less than”.

3 Liability of the Crown

Section 2a of the principal Act is hereby amended by inserting, after the word “under”, the words “subsection (6) of”.

4 Appeals

Section 4 of the principal Act is hereby amended by adding the following subsection:

“(3)

The Minister shall have a right of appeal to the Board at any time so far as the regional planning scheme conflicts with the public interest. On any such appeal the Regional Planning Authority shall be given full opportunity of being heard, and the Board shall direct what amendments (if any) shall be made to the scheme.”

5 Alteration of regional planning scheme

Section 6 of the principal Act is hereby amended by omitting from subsection (7) the words “Any approved regional planning scheme”, and substituting the words “Any regional planning scheme that has been approved or become operative either before or after the commencement of the Town and Country Planning Amendment Act 1961”.

6 Ministerial and local authority requirements

(1)

Section 21 of the principal Act is hereby amended by adding to paragraph (b) of subsection (5) the words “which has any community of interest with the district in any matter that could be affected by the scheme”.

(2)

Section 21 of the principal Act is hereby further amended by adding to subsection (9) the following proviso:

“Provided that the Council may appeal to the Board against the proposed location of any such public utility.”

7 Suggested requirements

The principal Act is hereby amended by inserting, after section 21, the following section:

“21a

Every existing public work included in the district scheme as publicly notified under section 22 of this Act, and every proposed public work that has been so included following advice to that effect given before the aforesaid public notification by the Minister or the local authority having financial responsibility for the work, shall be deemed to have been included pursuant to a requirement under subsection (6) of section 21 of this Act of the Minister or local authority, as the case may be.”

8 Requirements of Minister or local authority

(1)

Section 24 of the principal Act is hereby amended by omitting the words “subsection six of”.

(2)

Section 25 of the principal Act is hereby amended by omitting from subsection (2) the words “subsection six of”.

9 Appeals

Subsection (1) of section 26 of the principal Act is hereby amended by adding the following words:

“Where any such objection has been disallowed because of a requirement of the Minister or of a local authority, any such appeal shall be against the Minister who, or the local authority which, made the requirement.”

10 Review of district schemes

(1)

Section 30 of the principal Act is hereby amended by omitting from subsection (2) the words “which approved it”.

(2)

Section 30 of the principal Act is hereby further amended by repealing subsections (3) and (5), and substituting the following subsections:

“(3)

At any time while any district scheme remains due for review, the Minister and every person, Authority, local authority, and joint committee shall have the same rights to object to the scheme, and to be heard in support of or opposition to objections, and to appeal, as he or it would have if the scheme had not been approved but had been publicly notified in accordance with section 22 of this Act:

“Provided that no objections to the scheme may be made after the expiration of three months from the date of the giving of the public notification of the review of the scheme in accordance with section 22 of this Act, unless the Council fails, within one year after that date, to confirm it except so far as the Council cancels or changes it in accordance with this Act.

“(4)

Every district scheme which is for the time being due for review shall continue to be operative except so far as it is cancelled or changed by the Council in accordance with this Act or by the Board on an appeal under this section. Where the scheme is changed by the Board on any such appeal, the change shall become part of the scheme and shall be operative accordingly.

“(5)

If the Council fails to give a decision on any objection lodged in accordance with this section for six months after that objection is lodged, the objection shall be deemed to be disallowed and the objector and any person who supports or opposes any such objection shall have a right of appeal to the Board in accordance with sections 23 and 26 of this Act. If the Council fails for six months after allowing any such objection to incorporate in the scheme the allowed objection, the objector shall have the right to appeal to the Board to have the scheme changed accordingly.

“(6)

If the Council fails for six months after being notified of any requirement by the Minister or a local authority to incorporate that requirement in the scheme, the Minister or local authority making the requirement may appeal to the Board to have the requirement so incorporated.”

11 Changes of district schemes

(1)

Section 30a of the principal Act (as inserted by section 18 of the Town and Country Planning Amendment Act 1957) is hereby amended by inserting in subsection (1), after the words “the Council shall”, the words “subject to the provisions of subsection (1a) of this section”.

(2)

The said section 30a of the principal Act is hereby further amended by inserting, after subsection (1), the following subsection:

“(1a)

In respect of changes to which this section applies,—

“(a)

The provisions of subsection (5) of section 21 of this Act shall not apply, and subsection (6) of the said section 21 shall be read as if the words ‘and the district scheme shall not be publicly notified under section 22 of this Act until this has been done’, and the two provisos thereto, were omitted:

“(b)

Subsection (2) of section 22 of this Act shall be read as if the reference to three months were a reference to six weeks:

“(c)

Not later than the date of the public notification referred to in subsection (1) of section 22 of this Act, the Council shall forward copies of the proposed changes to the Minister, the Regional Planning Authority, and the local authorities referred to in paragraph (b) of subsection (5) of section 21 of this Act:

“(d)

If before the last date by which objections may be received in accordance with the public notification referred to in subsection (2) of section 22 of this Act the Minister, the Regional Planning Authority, or the local authority having jurisdiction within the district serves on the Council a notice that it desires such a deferment, the Council shall defer its publication of the notice of the date of the hearing with a summary of the subject-matters of the objections referred to in subsection (2) of section 23 of this Act until their respective requirements or objections have been made:

“Provided that any deferment sought by the Regional Planning Authority or by any local authority shall not exceed a period of four months:

“(e)

The provisions of subsections (2) and (3) of section 23 of this Act shall apply to any requirement of the Minister or local authority as if the requirement were an objection.”

12 Works contrary to proposed change prohibited

The principal Act is hereby amended by inserting, after the said section 30a, the following section:

“30b

“(1)

As from the time when any proposed change in an operative district scheme is publicly notified in accordance with subsection (1) of section 22 of this Act, no person shall construct or make or carry out any structure or excavation or other work, or carry out any subdivision of land, or make any change of use of any land or building, that would be contrary to the provisions of the district scheme had the proposed change become operative and been included therein at the time of the public notification:

“Provided that the Minister or any Regional Planning Authority or any local authority or any owner or occupier of land affected may apply to the Board at any time after the public notification and before the proposed change becomes operative for an order permitting the construction or making or carrying out of any such structure, excavation, or other work, or any such subdivision of land or any such change of use and the Board shall have power to make any such order or any other order and in any case with or without conditions, as it may consider appropriate.

“(2)

Sections 30 and 33 of this Act shall be read subject to the provisions of this section.”

13 Reserves for public works and zoning

The principal Act is hereby amended by inserting, after section 33, the following section:

“33a

“(1)

Any land which is designated or reserved in a district scheme for an existing public work may be zoned, and any land designated or reserved for a proposed public work in a district scheme which is recommended by resolution of the Council as provided in section 21 of this Act after the first day of February, nineteen hundred and sixty-two, shall be zoned, but in either case the zoning shall not have effect until the Minister, local authority, or Council having financial responsibility for the existing or proposed public work so designated or reserved certifies that the land is no longer required for an existing or proposed public work.

“(2)

Where any land so designated or reserved for an existing or proposed public work is not zoned and the Minister, local authority, or Council having that financial responsibility certifies as aforesaid, the land no longer required shall be included in such zone as the Council shall determine.

“(3)

Particulars of any such determination shall be published by the Council in some daily newspaper circulating in the district, and such particulars shall be forwarded to the owners and occupiers of the land no longer required and to the occupiers of all property in the vicinity who in the opinion of the Council may be affected by the zoning.

“(4)

The owners and occupiers of the land no longer required and every person who claims to be affected by the zoning under subsection (2) of this section may appeal to the Board against the determination of the Council within thirty days after the zoning is determined.”

14 Departure from scheme

(1)

Section 35 of the principal Act is hereby amended—

(a)

By inserting in subsection (1), before the words “any Council”, the words “the Minister or”:

(b)

By inserting in subsection (2), before the words “the Council”, the words “the Minister or by”.

(2)

Section 35 of the principal Act is hereby further amended by adding the following subsection:

“(8)

The provisions of this Act and of the regulations made thereunder shall apply to every application that is delegated to a Council for hearing and determination as if the Council were the Board, the Clerk of the Council were the Secretary to the Board, and the Council office were the office of the Board.”

15 Magistrate’s order for enforcement

Section 37 of the principal Act is hereby amended by inserting in subsection (5), after the words “Supreme Court”, the words “or (where the matter is within the jurisdiction of a Magistrate’s Court) to a Magistrate’s Court”.

16 Ministerial and local authority requirements

(1)

Section 38 of the principal Act is hereby amended—

(a)

By inserting in subsection (4), before the words “shall have effect”, the words “otherwise than pursuant to a requirement under subsection (14) or subsection (15) of this section”:

(b)

By inserting in subsection (7), before the word “and”, the words “and to any such work that has been carried out or been commenced before that refusal or prohibition without a permit from the Council”:

(c)

By omitting from subsection (13) the words “proposed public work”, and substituting the words “existing or proposed public work, or that would or might adversely affect any such existing or proposed public work, being in either case a public work”:

(d)

By omitting from subsection (16) the word “four” and substituting the word “seven”.

(2)

Section 38 of the principal Act is hereby further amended by repealing subsection (14), and substituting the following subsection:

“(14)

Where any subdivision of land or any other proposed work (whether public or private) or any change of use of any land or building would in the opinion of the Minister be contrary to the public interest or would or might adversely affect any public work maintained or proposed to be constructed or established by the Minister, the Minister may at any time require the Council to prohibit absolutely or conditionally the carrying out of the subdivision or other proposed work or the change of use or may prescribe and notify the Council of conditions subject to which it may be carried out.”

17 Matters to be dealt with in district schemes

The Second Schedule to the principal Act is hereby amended by repealing clause 4, and substituting the following clause:

“4

The designation of land or buildings used for purposes of value to the community but not intended to be owned by the Crown, the Council, or any local authority.”

This Act is administered in the Ministry of Works.

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Town and Country Planning Amendment Act 1961