✨ Land Transfer Act Notices
4178
NEW ZEALAND GAZETTE
No. 166
4178
NEW ZEALAND GAZETTE
No. 166
| Land Status | Statute | Applicable Section/s | Nature of Provision | Certification Required | Certified by Solicitor for Transferor or Mortgagor (where mortgage permissible) | Applies to Transfer of Lease | Applies to Transfer of Mortgage Instruments | Applies to Discharge of Mortgage Instruments |
|---|---|---|---|---|---|---|---|---|
| Crown Land = Māori Housing | Māori Housing Amendment Act 1938 | S11 | Purchaser cannot acquire Māori housing unless the statutory procedures set out in s11 have been complied with. | Consent has been obtained in accordance with s11 of the Māori Housing Amendment Act 1938 and is held. | Yes | Yes | Yes | N/A |
| Crown Land = Crown Forestry | Crown Forest Assets Act 1987 | S14 | Lessee cannot assign their leasehold interest without the consent of the Chief Executive of the Ministry of Māori Development. | Consent has been obtained in accordance with s14 of the Māori Housing Amendment Act 1938 and is held. | Yes | Yes | Yes | N/A |
| Crown Land = Education Property | Education Lands Act 1949 | S5 (d) | Any transfer, easement, lease, and exchange of Crown forestry land must be authorised by the responsible Minister in accordance with s5 (d). | Complies with s8 (d) of the Crown Forest Assets Act 1987. | Yes | Yes | Yes | N/A |
| Settlement Land | Land Act 1948 | S5 | Section 5 authorises the sale or exchange of school sites (vested in Boards of Trustees) with the consent of the Minister of Education. It also authorises the disposal of Crown land declared to be no longer required for educational purposes. Any land transferred shall be deemed to be Crown land subject to the Land Act 1948. | Complies with s5 of the Education Lands Act 1949. Ministerial consent has been obtained and is held. | Yes | Yes | Yes | N/A |
| Railway Land | New Zealand Railways Corporation Restructuring Act 1990 | S23 S24 | This Act enables New Zealand Railways Corporation to dispose of railways land held by the Crown (or Corporation). Section 23 requires the Railways Corporation to offer this land back to persons from whom the land was acquired (or to their successor). There are exceptions to this requirement. The transferor must notify and obtain the Chief Executive’s (LINZ) consent in order to dispose of railways land (see s24). | Complies with s23 and/or s24 of the New Zealand Railways Corporation Restructuring Act 1990. | Yes | Yes | Yes | N/A |
| Non-reserve Act Land held in trust for particular purpose | Land Transfer Act 1952 | S123 (5) | Section 123 (5) states that disclosure of any trust in respect of public reserve land will have the effect of a perpetual caveat to restrain any dealing manifestly inconsistent with that trust. | Does not contravene s123 (5) of the Land Transfer Act 1952. | Yes | Yes | Yes | 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
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🗺️ Lands, Settlement & Survey18 November 2002
Land Transfer Act, Electronic Instruments, Digital Signatures, Mortgage, Transfer, Discharge, Withdrawal