Part 7
Specific obligations and restrictions on local authorities and other
persons
Restrictions on disposal of parks, reserves, and endowment
properties:
Endowment property
141Conditions applying to sale or exchange of endowment property
A local authority must not exercise the power in section 140(4)(b) unless—
- the proposed use of the proceeds of sale of the property,
or of the property received in exchange, is consistent
with the purpose of the endowment; and
-
- in a case where the Crown was the donor of the property,
the local authority has notified the Minister for Land
Information and the Minister in Charge of Treaty of
Waitangi Negotiations of the local authority's proposal to
sell or exchange the endowment land; and
- in other cases, the local authority has—
- made a reasonable attempt to notify the donor of the
property, or his or her successor, as the case may be,
that the local authority intends to sell or exchange
the property; and
- provided the donor with a reasonable opportunity to
comment on the intended sale or exchange.
- made a reasonable attempt to notify the donor of the
property, or his or her successor, as the case may be,
that the local authority intends to sell or exchange
the property; and
To avoid doubt, notification of a proposal to sell or exchange a property under subsection (1)(c) does not oblige a Minister to take any action in relation to the proposal to sell or exchange the property.
If the local authority is subject to reorganisation, the proceeds of a sale or exchange of property must be applied to the district or districts of the new local authority or authorities arising from the reorganisation of which the local authority formed part.
Compare
- 1974 No 66 s 230
Notes
- Section 141(1)(b): repealed, on , by section 34 of the Local Government Act 2002 Amendment Act 2010 (2010 No 124).