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Reserves Act 1977

Classification and management of reserves - Classification and purpose of reserves

24A: Change of purpose of reserve by territorial authority or regional council

You could also call this:

"Changing the purpose of a local reserve: what councils need to do"

Illustration for Reserves Act 1977

If you are a territorial authority or regional council, you can change the purpose of a local purpose reserve by putting a notice in the Gazette. You must tell the public about the proposed change and say why you want to make the change. People can object to the change within one month of the notice being published.

When you want to change the purpose of a reserve, people can write to you with their objections within one month. You must consider all the objections you get. If someone does not object, it means they agree with the change.

There is an exception to this rule, which is when the change is to make the reserve's purpose match the district plan under the Resource Management Act 1991, or a resource consent granted by you. In this case, you do not need to follow the usual process of telling the public and considering objections.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM444639.

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Part 3Classification and management of reserves
Classification and purpose of reserves

24AChange of purpose of reserve by territorial authority or regional council

  1. Notwithstanding section 24, where any local purpose reserve is vested in a territorial authority or regional council, that territorial authority or regional council may, by notice in the Gazette, change the purpose for which that reserve is classified within its classification as a local purpose reserve.

  2. Before the specified purpose of any local purpose reserve is changed pursuant to subsection (1),—

  3. the territorial authority or regional council shall publicly notify the proposed change of purpose, specifying the reason or reasons for the proposal:
    1. every person claiming to be affected by the proposed change of purpose shall have a right of objection to the change, and may, at any time within 1 month after the date of the first publication of the notice of the proposal, give notice in writing of his or her objections to the proposed change and of the grounds thereof to the chief executive of the territorial authority:provided that, where the date of the first publication of the notice of the proposal falls between the period commencing with 10 December in any year and ending with 10 January in the next succeeding year, notice of objection to the proposed change may be given at any time before 10 February next following that period:
      1. the territorial authority or regional council shall as soon as practicable consider all objections lodged in accordance with paragraph (b):
        1. any person who does not lodge an objection in accordance with this subsection shall be deemed to have assented to the change of purpose set forth in the public notification.

          1. Nothing in subsection (2) shall apply in any case where the reason for the proposed change of purpose is to bring the specific purpose for which the reserve is classified into conformity with—

          2. the operative district plan in force under the Resource Management Act 1991 for the district in which the reserve is situated:
            1. any resource consent applying to the reserve granted by the territorial authority or regional council in accordance with Part 6 of that Act.

              Notes
              • Section 24A: inserted, on , by section 10 of the Reserves Amendment Act 1979 (1979 No 63).
              • Section 24A heading: amended, on , by section 262 of the Local Government Act 2002 (2002 No 84).
              • Section 24A(1): amended, on , by section 262 of the Local Government Act 2002 (2002 No 84).
              • Section 24A(2)(a): amended, on , by section 262 of the Local Government Act 2002 (2002 No 84).
              • Section 24A(2)(b): amended, on , by section 262 of the Local Government Act 2002 (2002 No 84).
              • Section 24A(2)(c): amended, on , by section 262 of the Local Government Act 2002 (2002 No 84).
              • Section 24A(3)(a): replaced, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
              • Section 24A(3)(b): replaced, on , by section 362 of the Resource Management Act 1991 (1991 No 69).
              • Section 24A(3)(b): amended, on , by section 262 of the Local Government Act 2002 (2002 No 84).