22Acquisition and development of
land reserved for roads
Note—
Nothing in this clause is to be construed as
requiring a public authority to acquire land—see section 27 (3) of the
Act.
(1)
In this clause:
the
RTA means the Roads and Traffic Authority constituted under
the Transport Administration Act
1988.
vacant
land means land on which, immediately before the day on
which a notice under subclause (2) is given, there were no buildings other
than fences, greenhouses, conservatories, garages, summer houses, private boat
houses, fuel sheds, tool houses, cycle sheds, aviaries, milking bails, hay
sheds, stables, fowl houses, pig sties, barns, or the
like.
(2)
The owner of any vacant land within Zone No 9
may, by notice in writing, require:
(a)
the RTA—in the case of land that is
included in the 5 year Works Program of the RTA current at the time of receipt
of the notice, or
(b)
the Corporation—in any other
case,
to acquire the land.
(3)
The owner of any land within Zone No 9 that is
not vacant may, by notice in writing, require the RTA to acquire the land
if:
(a)
the land is included in the 5 year Works Program
of the RTA current at the time of the receipt of the notice,
or
(b)
the RTA has decided not to give concurrence to an
application for consent to the carrying out of development on the land,
or
(c)
the RTA is of the opinion that the owner of the
land will suffer hardship if the land is not acquired within a reasonable
time.
(4)
On receipt of a notice under this clause, the RTA
or the Corporation, as the case may be, must acquire the land unless the land
might reasonably be required to be dedicated for public
roads.
(5)
A person may, with the consent of the Council,
carry out development on land within Zone No 9:
(a)
for a purpose for which development may be
carried out on land in an adjoining zone, or
(b)
for any purpose that is compatible with
development that may be carried out on land in an adjoining
zone.
(6)
(7)
Land acquired under this clause may be developed,
with the consent of the Council, for any purpose, until such time as it is
required for the purpose for which it was required.
cl 22: Am 2005 No 64,
Sch 2.5 [1] [2]; 2008 (571), Sch 3.39 [1]–[3].