This section applies if there is a legal requirement to notify any adjoining owners that a cadastral survey dataset is to be deposited under the Land Transfer Act 2017.

The chief executive may direct the Registrar-General of Land to seek the consent of the adjoining owners to the new survey definition.

If the adjoining owners give their consent, the Registrar-General of Land may deposit the cadastral survey dataset and issue new records of title accordingly.

If an adjoining owner fails to respond within 10 working days (or any further period allowed by the chief executive) after the date of service of the request for consent or refuses to consent, the chief executive may direct the Registrar-General of Land, upon deposit of the cadastral survey dataset, to issue a record of title qualified as described in section 17(1)(a) of the Land Transfer Act 2017.

The chief executive may direct the Registrar-General of Land to disapply the application of section 207 of the Land Transfer Act 2017 in respect of any qualified record of title issued in accordance with subsection (4), and the Registrar-General of Land must remove the qualification as to title.

Subsection (5) is subject to any relevant determination by a court under subpart 4.

If an adjoining owner wishes to dispute a survey definition determined under section 75, the dispute must be heard and determined in accordance with section 119 and treated as an appeal against a direction under section 75(5).

Any dispute against the lodgement of a caveat under section 207 of the Land Transfer Act 2017 against a qualified record of title issued in accordance with a direction under section 75(4) must be heard and determined in accordance with section 119 and treated as an appeal.

The chief executive may, by giving notice in the Gazette and in a newspaper circulating in greater Christchurch, stop any road or part of a road in greater Christchurch.

The stopping of a road under subsection (3) has effect as if the road had been stopped in accordance with section 342 and Schedule 10 of the Local Government Act 1974 and as if the chief executive were a council within the meaning of that section.

The chief executive must consult the relevant road controlling authority—

To avoid doubt,—

The chief executive may, in the name of the Crown,—

The Minister’s approval is required for the following actions of the chief executive under subsection (1):

Nothing in section 11 applies to the exercise of a power under this section.

The Minister may, by notice in the Gazette, declare land acquired by the Crown under this Act or under the Canterbury Earthquake Recovery Act 2011 to be set apart for a public work in terms of the Public Works Act 1981.

The Minister may, by notice in the Gazette, declare land acquired by the Crown under this Act or under the Canterbury Earthquake Recovery Act 2011 to be land subject to the Land Act 1948 and not this Act.

A declaration under subsection (2) is subject to the chief executive confirming that any requirements under sections 107 to 109 to offer the land back that would apply if the land was to be disposed of have been complied with.

The Minister may, by notice in the Gazette, declare land held for a public work in terms of the Public Works Act 1981 (whether held by the Crown or otherwise) to be held under this Act.

Nothing in section 11 applies to the exercise of powers under this section.

The chief executive may subdivide, resubdivide, improve, and develop all or any land acquired by the Crown under this Act (including land amalgamated under section 94) or under the Canterbury Earthquake Recovery Act 2011.

Nothing in section 11 or Part 10 of the Resource Management Act 1991 applies to any subdivision under this section.

Nothing in section 11 applies to the exercise of powers under this section.

The Minister may, in accordance with sections 95 to 101, amalgamate all or any land acquired by the Crown under this Act or the Canterbury Earthquake Recovery Act 2011 with all or any land described in subsection (2).

The land referred to in subsection (1) is—

Nothing in section 11 applies to the amalgamation of land under this section.

Nothing in the Resource Management Act 1991 applies to any amalgamation under this section.

The Minister must, before publishing a notice under section 96, consult the Minister of Conservation if any piece of land that the Minister intends to be amalgamated is subject to the Reserves Act 1977 or is a conservation area (as defined in section 2(1) of the Conservation Act 1987) and the Minister intends that the reserve or conservation status of that land will be extinguished by the amalgamation.

If the Minister intends to amalgamate land as described in section 94 and 1 or more pieces of land to be amalgamated are owned by a council, the Minister must publish a notice in the Gazette containing the following:

On the date specified in the Gazette notice under section 96,—

If the Minister intends to amalgamate land as described in section 94, the Minister must publish a notice in the Gazette containing the following:

On the date specified in the Gazette notice under section 98,—

The Minister may publish the information required by sections 96 and 98 relating to the same piece of land in a single Gazette notice.

The Minister may lodge a Gazette notice under section 96 or 98 with the Registrar-General of Land, who must register it without fee against the appropriate record of title or records of title.

The Registrar-General of Land may require the deposit of a survey plan of any piece of land being amalgamated.

The Registrar-General of Land may do all things that may be necessary to give effect to the notice, including—

Subject to the Minister’s approval, the chief executive may, if he or she thinks fit, in accordance with sections 108 and 109 if applicable, dispose of land held by the Crown under this Act or under the Canterbury Earthquake Recovery Act 2011.

To avoid doubt, except as provided in sections 108 and 109, nothing in sections 40 to 42 of the Public Works Act 1981 applies to the disposal of the land.

Nothing in section 11 applies to the disposal of land to which this section applies.

This section and sections 108 and 109 are subject to section 7(2).

In this section and sections 108 and 109, the granting of a lease of land that, including rights of renewal, is or could be for a term of more than 35 years is a disposal of the land.

Any requirements to offer land back under the Public Works Act 1981 continue to apply to land to which section 107 applies if the land—

This section applies if land to which section 107 applies—

Before disposing of the land, the chief executive must offer to sell the land by private contract to the person from whom it was acquired or that person’s successor—

Subsection (2) does not apply if—

Section 40(2A), (4), and (5) of the Public Works Act 1981 applies with all necessary modifications to an offer back under this section.

If any offer to sell land under subsection (2) has not been accepted within 20 working days of the receipt of the offer, this section ceases to apply and the land may be disposed of under section 107.

To avoid doubt, the disposal of land in the Christchurch central city other than residential land is not subject to this section or sections 40 to 42 of the Public Works Act 1981.

There is no right of appeal against a decision of the Minister or the chief executive acting, or purporting to act, under this Act, except as provided in sections 119 and 120.

A proceeding must not be brought, and a court must not hear any proceeding, that is in breach of this section.

To avoid doubt, there is no right of appeal, whether under this Act or the Resource Management Act 1991, against any decision under section 93 or 94.

Any person referred to in subsection (2) may appeal to the High Court—

The persons who may appeal under subsection (1) are,—

For the purposes of hearing an appeal under subsection (1), the court may appoint 1 or more suitably qualified persons (including an Environment Commissioner or other expert) to assist it by giving advice if the court considers that it is desirable to have expert assistance.

The advisers must give their advice in the manner that the court may direct during the proceeding on any question referred to them.

The advice is information provided to the court, and may be given the weight that the court thinks fit.

Any decision to which an appeal relates has full effect unless and until set aside by a court.

An appeal to the Court of Appeal may, with the leave of that court, be brought against a decision of the High Court in a case referred to in section 119 on a question of law or on any other question.

The decision of the Court of Appeal is final.

In this subpart,—

The Minister or chief executive may transfer to a party specified in subsection (2) any of the Crown’s rights, obligations, or liabilities under any agreement or undertaking entered into by the Crown for any purpose of the Canterbury Earthquake Recovery Act 2011 or this Act.

The parties are—

Rights, obligations, or liabilities may be transferred under this section only if the transferee has agreed to accept the rights, obligations, or liabilities.

A transfer under this section is made by notice in writing delivered to the transferee and every other party to the agreement or undertaking.

From the date of transfer, any rights, obligations, or liabilities transferred under this section—

Nothing in section 11 applies to a transfer under this section.

The Minister or the chief executive may transfer to Ōtākaro Limited—

Assets, liabilities, or land may be transferred under this section only if Ōtākaro Limited has agreed to accept the assets, liabilities, or land.

A transfer of land under this section is subject to the chief executive being satisfied that any requirements under the Canterbury Earthquake Recovery Act 2011 or this Act to offer the land back before its disposal have been complied with.

A transfer of assets and liabilities under this section is made by notice in writing delivered to Ōtākaro Limited and any third party.

From the date of transfer, any assets or liabilities transferred under this section—

Nothing in section 11 applies to a transfer under this section.

In this section,—

If the Minister transfers financial responsibility for a project to Ōtākaro Limited, the benefit of any designation that is relevant to the project is transferred to Ōtākaro Limited.

The Minister must advise the Minister for the Environment and Christchurch City Council that the designation is transferred to Ōtākaro Limited and, for the purposes of section 175(2)(b) of the RMA, Christchurch City Council must, as soon as practicable and without using the process in Schedule 1 of the RMA, note the transfer in the district plan.

Sections 176, 176A, 177, 179, 180, 181, 182, and 184 of the RMA apply, with any necessary modifications, to Ōtākaro Limited in relation to a designation transferred under this section as if Ōtākaro Limited were a requiring authority within the meaning of section 166 of the RMA.

Nothing in section 11 applies to a transfer under this section.

Nothing effected or authorised by a transfer under this subpart—

Except as otherwise provided in this Act, no action lies against the Crown, or an officer or employee or a Minister of the Crown, or against any other person,—

No person who takes any action under this Act is liable under the Resource Management Act 1991 for any fine, costs, or expenses in respect of that action, except as otherwise provided in this Act.

Subsection (1) applies whether the loss, damage, or adverse effect is caused by any person taking any action or failing to take any action, so long as the act or omission occurred in the exercise or performance, or intended exercise or intended performance, of his or her functions, duties, or powers under this Act.

No person is exempted from liability under subsection (1) for any act or omission to act that constitutes bad faith or gross negligence on the part of that person.

If, under this Act, the Minister or the chief executive becomes a party to any agreement entered into by a council for the purposes of carrying out demolition or other works, the Minister or chief executive is entitled to the full benefit of any provision in the agreement that limits or excludes any liability of the council (such as liability for damage caused by, or for the costs of, demolition work) under the agreement.

If a council assumes any liability of the Minister or chief executive in relation to demolition or other works under this Act, the council is entitled to the full benefit of any provision in an agreement that limits or excludes any liability of the Minister or the chief executive (such as liability for damage caused by, or for the costs of, demolition work) under the agreement.

In this section, references to this Act include Orders in Council made under or continued by this Act.

This Act, except for the provisions listed in subsections (2) and (3), is repealed on the close of 30 June 2021.

Subpart 6 of Part 2 is repealed on the close of 30 June 2022.

This section and sections 1, 3 to 7, 8(2), 10, 11, 75, 76, 87(3), (4), (5), and (6), 91 to 101, 107 to 109, 118, 119, 120, and 145 and the cross-headings above sections 91, 92, and 107 are repealed at the earlier of—

At the close of 30 June 2021, every Order in Council continued by section 147 that is in force is revoked.