121Failure to comply with order

#### 121 Failure to comply with order 121 Failure to comply with order > > (1) Where an owner on whom an order under section 120 is served fails to comply with that order within the period specified in that order or any extension, granted by the Heritage Council on application of that owner, of that period— > > > > > (a) the corporation may, in pursuance of section 113, resume or appropriate the land on which the building or work the subject of that order is situated, or > > > > > (b) the Minister may, by order published in the Gazette, direct that no development or use of that land, other than the conservation of that building or work, shall be carried out or made during such period, not exceeding 10 years, as is specified in the order, or > > > > > (c) the Minister may, by order published in the Gazette, direct that no development or use of that land is to be carried out other than development or use of the building envelope (that is, the three dimensional space) occupied by the building or work at the time that the order under section 120 was served. > > > (2) In determining the amount of compensation payable in respect of a resumption or an appropriation of land by the corporation under subsection (1) (a), the value of that land shall be— > > > > > (a) the value determined in accordance with section 147, or > > > > > (b) the value determined on the assumption that no approval may be given under this Act in respect of the building or work situated on that land other than to restore that building or work to a reasonable state of repair, > > > > whichever is the lesser. > > > (3) The Minister may, by order published in the Gazette, at any time at which an order made by the Minister under subsection (1) (b) or (c) remains in force, revoke, alter or vary that order. > > > (4) An order made by the Minister under subsection (1) (b) or (c) or (3) shall take effect on and from the date of publication of that order in the Gazette. > > > (5) The Minister shall cause notice of an order made by the Minister under subsection (1) (b) or (c) or (3) to be served, as soon as practicable after the date of publication of that order in the Gazette, on— > > > > > (a) the owner or occupier of the land subject to that order, > > > > > (b) the Heritage Council, > > > > > (c) the Secretary of the Department, and > > > > > (d) the council of the area, if any, in which that land is situated. > > **s 121:** Am 1979 No 206, Sch 1 (22); 1987 No 11, Sch 4 (10); 1998 No 138, Sch 1 \[34\]–\[36\]; 2000 No 53, Sch 1.11 \[11\]; 2004 No 91, Sch 1.18 \[2\]; 2011 No 71, Sch 1 \[14\]; 2015 No 58, Sch 3.42 \[1\] \[2\]; 2020 No 30, Sch 3.20\[2\]; 2023 No 35, Sch 4.17; 2024 No 47, Sch 1.17\[2\].