✨ Land Transfer Act Notices
14 NOVEMBER
NEW ZEALAND GAZETTE
4177
| Land Status | Statute | Applicable Sections | Nature of Provision | Certification Required by Solicitor for Transferor or Mortgagor (where mortgage permissible) | Certification Required | Applies to Transfers of Mortgage Instruments | Applies to Discharge of Mortgage Instruments |
|---|---|---|---|---|---|---|---|
| State Housing land | Housing Act 1955 | S57 S18 |
Purchaser cannot dispose of interest in State housing pursuant to any agreement to lease or licence under s13, unless: |
(a) the instrument is in favour of the Crown or the Corporation; or
(b) the instrument is an application to register the settlement of the land under the Joint Family Homes Act 1950; or
(c) the instrument is a way of charging the land or a disposition by way of sublease. Or of the kind described in s57 of the Act. | Yes | Requirements of S57 have been met. | No | N/A |
| Land vested in local authority as an endowment, or on trust, for harbour or other local or public related purposes | Local Government Act 1974 | S220 (1)(A) | 1) Local Authority required to obtain written consent of the Minister before 28 April 1999 subject to the Harbours Act 1950 and held as an endowment, or on trust, for harbour related purposes.
2) Certificate described in S220 (3) has been obtained and is held. | Yes | Transaction authorised
- pursuant to section 230 (1A).
- Certificate described in S220 (3) has been obtained and is held. | Yes | N/A |
| Land vested in local authority | Local Government Act 1974 | S230 (1) | Note the term Local Authority means either a Territorial Authority or Regional Council as defined in s2 of this Act. | Yes | Yes | Yes | N/A |
| | | S230 (2)(a) | Local Authority may sell or exchange any land vested in it) provided that the sale or exchange is pursuant to a resolution made after notice has been given in accordance with S220 (2). | | | | |
| | | S230 (2)(b) | Process that must be followed by a Local Authority before it can transfer land. A certificate of compliance in terms of the process set out in S230 (2) must be given by the principal administrative officer of the Local Authority or by its solicitor. | Yes | Certificate described in S230 (3) has been obtained and is held. | Yes | N/A |
| | | S230 (8) | The requirement of compliance does not apply to any sale or exchange of any land under S654 or S672 (3) or to any express sale or exchange conferred by any other Act. | | The operation of S230 does not supersede the requirements of the Reserves Act 1977 (in relation to public reserve land) and the Public Works Act 1981 (in relation to public works land). Any transaction to which S230 applies must also be in accordance with requirements of those Acts (if applicable). | N/A | N/A |
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Online Sources for this page:
VUW Te Waharoa —
NZ Gazette 2002, No 166
Gazette.govt.nz —
NZ Gazette 2002, No 166
✨ LLM interpretation of page content
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Land Transfer Act Notices: Forms of Electronic Instruments
(continued from previous page)
🗺️ Lands, Settlement & Survey18 November 2002
Land Transfer Act, Electronic Instruments, Digital Signatures, Mortgage, Transfer, Discharge, Withdrawal