FAQ - Designation of land
1. My land has been designated. What is a designation?
A designation is a provision in a District Plan (under the Resource Management Act 1991) which identifies a requiring authority (in this case the Minister for Canterbury Earthquake Recovery) and the land required for a public work. The public work in this case is the recovery of the central city and the taking of land to enable that. The individual anchor projects are noted along with the activities expected to be undertaken on the site and a general description of the location. A map is included in the CCC’s District Plan showing the designated sites.
2. What is the effect of a designation?
A designation has two effects:
- The provisions (rules) of the District Plan do not apply to the project or work undertaken by the requiring authority; and
- No person may do anything in relation to the designated land that would prevent or hinder the public work or project to which the designation relates, without the prior written consent of the requiring authority.
3. My land has been designated. Do I have any rights of objection?
No. The designation has been directed to be included in the Council’s District Plan as a result of the Christchurch Central Recovery Plan. There is no appeal process.
4. My land has been designated; how does that relate to purchase of my land and buildings?
Under the Resource Management Act, the owner of land which is designated may apply to the Environment Court for an order obliging the requiring authority to acquire the land. The Minister does not, however, intend to force people to use that provision.
The Minister wishes to purchase all land and interests in land (eg leasehold) as soon as possible in accordance with the CER Act. There may be some activities that can continue within different parts of the Frame meaning the land and buildings may be able to stay and not be purchased by the Crown. Individual discussions between landowners and the CCDU team will help identify these properties and buildings.
5. Does land have to be designated before it is acquired?
No. The designation was the best tool to provide land owners with information about what is intended for their land, including the commitment by the Crown to acquire the land. If, however, other land is needed once final designs are completed then the Crown can still acquire the land at a later date. Likewise, if the designated land is later shown not to be needed then the designation can be withdrawn.