Section 198 — Resource Management Act 1991: Environment Court may order land taken, etc

198 Environment Court may order land taken, etc (1) Upon application made to the Environment Court by the owner of an estate or interest in land (including a leasehold estate or interest) that is subject to a heritage order, or requirement under section 189 or section 189A , if the Environment Court is satisfied that— (a) The applicant was the owner or spouse, civil union partner, or de facto partner of the owner on the date when the heritage order was included in the district plan or the requirement was made; and (b) The applicant has tried but been unable to enter into an agreement for the sale of the estate or interest in the land subject to the heritage order or requirement at a price not less than the market value the land would have had if it were not subject to the heritage order or requirement; and (c) The heritage order or requirement renders or will render the land in respect of which it applies, incapable of reasonable use,— the Environment Court may make an order giving the heritage protection authority the option of either withdrawing the requirement or causing the heritage order to be removed, as the case may be, or taking the land under the Public Works Act 1981 . (2) Before making an order under subsection (1) , the Environment Court may direct the owner to take further action to try to sell the estate or interest in the land. (3) If the Environment Court makes an order to take an estate or interest in land under the Public Works Act 1981 , the owner of the land shall be deemed to have entered into an agreement with the heritage protection authority responsible for the heritage order or requirement for the purposes of section 17 of the Public Works Act 1981 . (4) Where subsection (3) applies in respect of a heritage protection authority that is neither the Crown nor a local authority— (a) Any agreement shall be deemed to have been entered into with the Minister of Lands on behalf of the heritage protection authority as if the land were required for a government work; and (b) All costs and expenses incurred by the Minister of Lands in respect of the acquisition of the land shall be recoverable from the heritage protection authority as a debt due to the Crown. (5) The amount of compensation payable for an estate or interest in land ordered to be taken under this section shall be assessed as if the heritage order or requirement had not been made. Subsection (1) was amended, as from 7 July 1993, by section 109 Resource Management Amendment Act 1993 (1993 No 65) by inserting the expression “ or section 189A ” . Subsection (1)(a) was amended, as from 26 April 2005, by section 7 Relationships (Statutory References) Act 2005 (2005 No 3) by inserting the words “ , civil union partner, or de facto partner ” after the word “ spouse ” . The words “ Environment Court ” in subsection (1) were substituted, as from 2 September 1996, for the words “ Planning Tribunal ” pursuant to section 6(2)(a) Resource Management Amendment Act 1996 (1996 No 160). The words “ Environment Court ” in subsections (1) to (3) were substituted, as from 2 September 1996, for the word “ Tribunal ” pursuant to section 6(2)(a) Resource Management Amendment Act 1996 (1996 No 160).