New Zealand Gazette – 2002 – No. 166

Page 4179

✨ Land Status and Legal Provisions



14 NOVEMBER

NEW ZEALAND GAZETTE

4179

Land Status Statute Applicable Sections Nature of Provision Certification Required by Solicitor for Transfer or Mortgage (where mortgageable) Applies to Transfer Instruments Applies to Transfers of Lease Applies to Discharge of Mortgage Instruments
Conservation Land Conservation Act 1987 S 26 Transfers may only be registered if land is exchanged under s 26 of the Conservation Act 1987 (disposals) or the Minister must authorise the disposal of stewardship areas or areas of interest therein. Yes Yes Yes N/A
S 18A Complies with s 26 of the Conservation Act 1987 disposal. Yes (authorises exchange)
Land subject to the Reserves Act 1977 S 112 (1) Authorises certain dealings with reserve land. Dealings must comply with the terms on which the reserve land is held. Does not contravene s 112 (1) of the Reserves Act 1977. Yes Yes N/A
(authorises exchange)
Land subject to the Reserves Act 1977 S 115 (1) Where a lease or licence includes a right to transfer, the lease or mortgage shall not transfer, sublease, mortgage or otherwise dispose of his interest without the consent of the administering body (see s 26). Does not apply to reserves for railway purposes (s 115 (6)). Does not contravene s 115 (1) of the Reserves Act 1977. Yes Yes N/A
Māori Freehold Land Te Ture Whenua Māori Act S 236 Sale or gift by Māori incorporation or trustees prevented by s 236 unless confirmation of the Court under s 153 is held in accordance with s 151. Confirmation of the Court has been obtained and is held in accordance with s 151. Yes N/A
1993 S 241A or S 240B
S 151
Māori Freehold Land Te Ture Whenua Māori Act S 238 Sale or gift by other owners (as defined in s 47 (1) (a) (ii)) prevented by s 238 unless confirmation of the Court under s 153 is obtained. Confirmation of the Courts has been obtained and is held in accordance with s 151. Yes N/A
1993 S 156C
S 157 Section 157 allows for the alienation of any interest in Māori freehold land if a resolution of assembled owners has been obtained. The Māori Trustee charge or encumbrance by other means (as charged in s 147 (1)(d)(vi) or Court appointed agent) is duly authorised by s 157 to execute an instrument as the agent of the owners. Yes
Māori Freehold Land Te Ture Whenua Māori Act S 126 Alienation (lease licence, forestry, right profit, mortgage, charge or encumbrance) by other owners (as defined in s 47 (1)(a)(i) or (iii)) prevented by s 126 unless confirmation of the Court under s 152 is obtained. A certificate of confirmation has been obtained from the Māori Land Court in accordance with s 151 of Te Ture Whenua Māori Act 1993 and is held. Yes N/A
1993 S 150C
S 151 Where the Registrar requires to be issued a certificate of confirmation under this section the application may be referred to the Court as if it were an application dealt with under s 151.


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VUW Te Waharoa — PDF NZ Gazette 2002, No 166


Gazette.govt.nz — PDF NZ Gazette 2002, No 166




✨ LLM interpretation of page content

🗺️ Land Transfer Act Notices: Forms of Electronic Instruments (continued from previous page)

🗺️ Lands, Settlement & Survey
Land Transfer Act, Electronic Instruments, Digital Signatures, Mortgage, Transfer, Discharge, Withdrawal