Part 2Acquisition of land for reserves
15AAAdministering body may authorise exchange of recreation reserve land for other land
A person may apply to the administering body of a recreation reserve to exchange all or part of the land comprised in the reserve (the recreation reserve land) for other land to be held for the same purposes if—
- the application is made jointly—
- with an application for a resource consent under section 88(1) and (1A) of the Resource Management Act 1991 (the RMA); or
- with a request for a change to a district plan or a regional plan (including a regional coastal plan) under section 65(4) and (4A) or 73(2) and (2A) of the RMA; and
- with an application for a resource consent under section 88(1) and (1A) of the Resource Management Act 1991 (the RMA); or
- the recreation reserve land is vested in the administering body for the reserve; and
- the administering body of the reserve is also the relevant local authority under the RMA.
If an application is made under subsection (1)(a)(i), subsection (4) applies if—
- the application to exchange the recreation reserve land has been—
- processed in accordance with section 88(6)(a) of the RMA; and
- publicly notified under section 95A of the RMA; and
- processed in accordance with section 88(6)(a) of the RMA; and
- the resource consent—
- has been granted; but
- is subject to the granting of the application to exchange the recreation reserve land; and
- has been granted; but
- the time allowed under the RMA for appeals against the decision to grant the resource consent has expired and any appeals have been determined.
If an application is made under subsection (1)(a)(ii), subsection (4) applies if—
- the application to exchange the recreation reserve land has been—
- processed in accordance with clause 21(5)(a) of Schedule 1 of the RMA; and
- publicly notified under clause 26 of Schedule 1 of the RMA; and
- processed in accordance with clause 21(5)(a) of Schedule 1 of the RMA; and
- the plan change—
- has been approved by the local authority; but
- is subject to the granting of the application to exchange the recreation reserve land; and
- has been approved by the local authority; but
- the time allowed under the RMA for appeals against the decision to change the plan has expired and any appeals have been determined.
If this subsection applies, the administering body must—
- make a decision on the application to exchange the recreation reserve land; and
- if it decides to grant the application, authorise the exchange of the recreation reserve land by notice in the Gazette; and
- advise the applicant of the decision.
The administering body must not grant the application unless—
- it has had regard to any submissions that were made on the application during the public notification process under the RMA and that relate to the exchange; and
- it considers that the exchange would result in a net benefit for recreation opportunities for the community that uses, benefits from, or enjoys the reserve.
If the administering body authorises the exchange, section 15(3) to (8) applies as if the exchange were an exchange effected under section 15.
Notes
- Section 15AA: inserted, on , by section 187 of the Resource Legislation Amendment Act 2017 (2017 No 15).
- Section 15AA(1): 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 15AA(2)(a)(i): amended, 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 15AA(2)(a)(ii): amended, 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 15AA(2)(c): amended, 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 15AA(3)(a)(i): amended, 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 15AA(3)(a)(ii): amended, 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 15AA(3)(c): amended, 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 15AA(5)(a): amended, 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).


