Part 7
Specific obligations and restrictions on local authorities and other
persons
Restrictions on disposal of parks, reserves, and endowment
properties:
Parks and reserves
139Protection of regional parks
In this section and section 139A, regional park—
- means land—
- owned by a regional council; and
- acquired or used principally for community,
recreational, environmental, cultural, or spiritual
purposes; and
- owned by a regional council; and
- includes land within the meaning of paragraph (a) that
is—
- reserve within the meaning of
section 2(1)
of the Reserves Act 1977; or
- otherwise held or administered under the
Reserves Act 1977
or any earlier corresponding enactment.
- reserve within the meaning of
section 2(1)
of the Reserves Act 1977; or
For the purpose of enabling a regional council to protect a regional park or part of a regional park in its region, the Governor-General may, by Order in Council made on the recommendation of the Minister, declare the park or the part of the park to be protected in perpetuity from disposition (by sale or otherwise).
The Minister must not make a recommendation unless the regional council has requested the Minister to do so.
An Order in Council does not prevent a regional council from disposing of part of the regional park to which the order applies—
- to make a minor boundary adjustment to it:
- for the more efficient administration of it.
However, subsection (4) applies only if—
- the retention of the land would not materially enhance
the conservation or recreational value of the park;
and
- the regional council has consulted in a manner that gives
effect to the requirements of
section 82
in determining whether to dispose of the land.
Any land within the meaning of subsection (1)(b) that is included in an Order in Council—
- retains its classification under the
Reserves Act 1977; and
- remains subject to that Act; and
- if the land is to be sold or disposed of under subsection
(4) of this section, must first be dealt with under
sections 24
and
25 of
that Act.
An Order in Council must specify the regional park or the part of the regional park to which the order applies—
- by name and legal description, if it is practicable to do
so; or
- by name and a detailed description of the location of the
land, in any other case.
An order under subsection (2) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
Notes
- Section 139: substituted, on , by section 14 of the Local Government Act 2002 Amendment Act 2006 (2006 No 26).
- Section 139(5)(b): replaced, on , by section 45 of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).
- Section 139(8): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).