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Local Government Act 2002

Specific obligations and restrictions on local authorities and other persons - Restrictions on disposal of parks, reserves, and endowment properties - Parks and reserves

138: Restriction on disposal of parks (by sale or otherwise)

You could also call this:

“Parks can't be sold or given away without asking people first”

If you want to sell or get rid of a park or part of a park, you need to ask people what they think first. This is called consulting. You must do this before you sell, get rid of, or agree to sell or get rid of the park or part of it.

When we talk about getting rid of a park, we don’t just mean selling it. It also includes renting it out for more than 6 months if that stops people from using the park or makes it really hard for them to use it.

A park is land that’s mainly used for things like community activities, recreation, looking after the environment, cultural purposes, or spiritual reasons. But if the land is a reserve under the Reserves Act 1977, it’s not counted as a park for this rule.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM172958.

Topics:
Government and voting > Local councils
Environment and resources > Town planning
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“Regional parks are protected forever so everyone can enjoy them”

Part 7 Specific obligations and restrictions on local authorities and other persons
Restrictions on disposal of parks, reserves, and endowment properties: Parks and reserves

138Restriction on disposal of parks (by sale or otherwise)

  1. A local authority proposing to sell or otherwise dispose of a park or part of a park must consult on the proposal before it sells or disposes of, or agrees to sell or dispose of, the park or part of the park.

  2. In this section,—

    dispose of, in relation to a park, includes the granting of a lease for more than 6 months that has the effect of excluding or substantially interfering with the public's access to the park

      park—

      1. means land acquired or used principally for community, recreational, environmental, cultural, or spiritual purposes; but
        1. does not include land that is held as a reserve, or part of a reserve, under the Reserves Act 1977.

        Notes
        • Section 138: substituted, on , by section 13 of the Local Government Act 2002 Amendment Act 2006 (2006 No 26).