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statement of proposal property review - Palmerston North City Council

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PALMERSTON NORTH CITY COUNCIL<br />

Reserves Act 1977<br />

Some <strong>of</strong> the properties have reserve status under the Reserve Act 1977. That legislation requires a particular process from <strong>Council</strong>, including<br />

an initial resolution to revoke the Reserve status before the consultation begins, hearing views including objections, before making a decision.<br />

The initial resolution to revoke the reserve status does not mean a commitment <strong>of</strong> <strong>Council</strong> to selling the land. Rather it is a signal to the<br />

community to express their views and provide more information to <strong>Council</strong> to assist in <strong>Council</strong>’s decision making on the possibility <strong>of</strong> selling the<br />

land. After giving consideration to the consultation <strong>Council</strong> is required to make a decision on whether or not to proceed with the proposed<br />

revocation and an application to the Minister <strong>of</strong> Conservation.<br />

If, after undertaking this process, any <strong>of</strong> the land in question is sold, then the proceeds from the sale <strong>of</strong> any Reserve properties are required to<br />

be spent acquiring or developing other reserves as per the Reserves Act 1977.<br />

Crown Land<br />

Where land in this report was given to <strong>Council</strong> by the Crown, <strong>Council</strong> will return it to the Crown if required. If the Crown does not have a use for<br />

the land then the Crown would sell the land and give half <strong>of</strong> the net proceeds to <strong>Council</strong>. If the land sold was a reserve the proceeds would be<br />

used for acquiring more reserves or developing existing reserves.<br />

Local Government Act 2002 (LGA) – Section 138 covering Parks.<br />

Some land is acquired for or has been used as a park, “principally for community, recreation, environmental, cultural or spiritual purposes but<br />

does not include land that is held as a reserve or part <strong>of</strong> a reserve under the Reserves Act 1977.” Where land is defined as a park under the<br />

LGA then <strong>Council</strong> is also consulting to obtain people’s views on the <strong>proposal</strong> to sell land.<br />

Public Works Act 1981<br />

Where land was compulsory acquired by <strong>Council</strong>, then <strong>Council</strong> will meet its obligations under the Public Works Act 1981 to <strong>of</strong>fer that land or<br />

<strong>property</strong> back to the person it was acquired from, or their direct descendant, at its market value.<br />

DMS# 969036

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