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Land status issues bill passes first reading

Hon Dr Richard Worth
Minister of Land Information

10 March 2009
Media Release

Bill to resolve land status issues passes first reading


A Bill which corrects historic oversights, errors or omissions relating to land status has been referred by Parliament to the Primary Production Select Committee.

Land Information Minister Richard Worth said the Reserves and Other Lands Disposal (ROLD) Bill, which today passed its first reading in the House, had been sitting on the Order Paper since July 2008.

 “Local authorities, government departments and other interested parties have been waiting for this Bill to progress so relevant land-related matters can be resolved.  We are very pleased to have swiftly brought it into the House and referred it to Select Committee.”

ROLD Bills deal with non-controversial authorisations, transfers and validations of matters relating to Crown land, reserves and other land held for public or private purposes that cannot otherwise be easily dealt with.  The last ROLD Act was enacted in 2003.

Dr Worth said the proposed legislation related to a diverse range of sites throughout New Zealand including Mahinepua Bay in North Auckland; the Sugar Loaf Islands off the west coast of the North Island near New Plymouth; three National Parks; the Octagon in Dunedin City; volcanic cones dotted around Auckland City; and an offshore island marine sanctuary.

The Bill has 58 clauses, covering 17 items. Nine were proposed by the Department of Conservation, six by local authorities, and one each by the Ministry of Transport and the Nelson-Marlborough District Health Board.

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Dr Worth said Clauses 6 to 9 of the Bill related to a proposal by Auckland City Council to amend the definition of Albert Park so the Auckland Art Gallery could be extended onto land which is currently part of the park.

“I understand that there is now a difference of view on this item between the Auckland City Council – which requested it – and the Auckland Regional Council, but I consider that the matter is best resolved at Select Committee,” said Dr Worth.    

ENDS

ROLD BILL: Proposed changes

Amendments to Reserves Act 1977
Clause 5
Proposed by the Department of Conservation to repeal sections 48A(6), 114(5) and 115(6) of the Reserves Act 1977, correcting an oversight that limited the range of reserves over which local authorities as administering bodies could exercise various powers.

Auckland Art Gallery development
Clauses 6 to 9
The Auckland City Council has proposed to amend the definition of Albert Park so the Auckland Art Gallery can be extended onto land which is currently part of the park.

Auckland volcanic cones land
Clauses 10 and 11
Proposed by the Department of Conservation to amend a previous ROLD Act, so
the decision-making power in relation to volcanic cones in Auckland is with the
Minister of Conservation, not the Governor-General in Council.

Dunedin Octagon land
Clauses 12 to 14
The Dunedin City Council has proposed to remove a restriction in a previous ROLD Act regarding the erection of any structures in the Octagon.

Kahurangi National Park land
Clauses 15 to 17
Proposed by the Department of Conservation to formalise a realignment of State
Highway 6 through parts of Kahurangi National Park, by declaring to be road the land used for the realignment.

Lookout Point land
Clauses 18 to 20
The Waitaki District Council wants to clarify the status of land at Lookout Point. The District Council wants to sell this land for residential subdivision, however there are issues regarding the legal status of the land. This Bill clarifies the status.

Mahinepua Bay reserve land
Clauses 21 to 23
The Department of Conservation has proposed to vest reserve land at Mahinepua Bay in North Auckland with the trustees of an adjoining Maori reservation.

Marlborough District Council (Picton Office) land
Clauses 24 to 27
The Marlborough District Council wants to validate a 1903 transfer of the Picton
Office land and remove an antiquated interest on the title to the land.

Nelson–Marlborough District Health Board land
Clauses 28 to 34
Proposed by the Nelson-Marlborough District Health Board to remove specific hospital related purposes, and other constraints, on five titles to land held by the Board.

Paparoa National Park land
Clauses 35 to 37
Proposed by the Department of Conservation to formalise a widening of State
Highway 6 through part of Paparoa National Park, by declaring to be road the land
used for the widening.

Port Chalmers Recreation Reserve
Clauses 38 to 41
This is proposed by the Dunedin City Council to remove a restriction on the leasing of an area of reserve land at Port Chalmers.

Sugar Loaf Islands Marine Protected Area
Clauses 42 to 44
This is proposed by the Department of Conservation to reverse the unintended consequences of legislation on the Sugar Loaf Islands Marine Protected Area. It alters the ownership of some of the islets in the Area and makes them sanctuary areas (with the consent of the owners).

Taieri Airport land
Clauses 45 and 46
The Ministry of Transport has proposed to amend section 9 of the ROLD Act 1973, to enable the Dunedin City Council to transfer the land of Taieri Airport to a community trust. Note that an issue relating to the proceeds of any future sale of the land may need to be considered further during the select committee process.
Waikumete Cemetery land
Clauses 47 to 49
Proposed by the Department of Conservation to remove a local purpose reserves status over residential sections, mostly now developed, on land that is currently vested in the
Waitakere City Council for cemetery purposes.

Waipa District Council land
Clauses 50 to 52
The Waipa District Council has proposed to remove trusts on an area of reserve land that was originally held in trust for itself and four other local authorities but is now held by the Council alone.

Westland National Park land
Clauses 53 to 55
Proposed by the Department of Conservation to formalise a realignment of State
Highway 6 through part of Westland National Park, by declaring to be road the land used for the realignment.

Winton Racecourse
Clauses 56 to 58
Proposed by the Department of Conservation to amend section 3 of the Winton
Racecourse Reserve Management Ordinance 1873, so that trustees of the Winton
Racecourse can be appointed for three year terms rather than for life.

ENDS 

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