Property Law Act 1952

  • repealed
  • Property Law Act 1952: repealed, on 1 January 2008, by section 366(c) of the Property Law Act 2007 (2007 No 91).

Landlocked land

  • The heading Landlocked land was inserted, as from 19 September 1975, by section 12(2) Property Law Amendment Act 1975 (1975 No 36).

129B Reasonable access may be granted in cases of landlocked land
  • (1) For the purposes of this section,—

    • (a) A piece of land is landlocked if there is no reasonable access to it:

    • (b) Owner, in relation to any landlocked land, means the owner of the legal estate in fee simple, except where the landlocked land is leased to any person for a term of not less than 21 years, in which case the term owner means that other person:

    • (c) Reasonable access means physical access of such nature and quality as may be reasonably necessary to enable the occupier for the time being of the landlocked land to use and enjoy that land for any purpose for which the land may be used in accordance with the provisions of any right, permission, authority, consent, approval, or dispensation enjoyed or granted under the provisions of the Resource Management Act 1991.

    (2) The owner of any piece of land that is landlocked (in this section referred to as the landlocked land) may apply at any time to the Court for an order in accordance with this section.

    (3) On an application made under this section—

    • (a) The owner of each piece of land adjoining the landlocked land shall be joined as a defendant to the application:

    • (b) Every person having any estate or interest in the landlocked land, or in any other piece of land (whether or not that piece of land adjoins the landlocked land) that may be affected if the application is granted, or claiming to be a party to or to be entitled to any benefit under any mortgage, lease, easement, contract, or other instrument affecting or relating to any such land, and the local authority concerned, shall be entitled to be heard in relation to any application for or proposal to make any order under this section.

    (4) The applicant shall, as soon as practicable after filing his application in Court, serve a copy of it on the local authority concerned.

    (5) For the purposes of subsection (3) of this section the Court may, if in its opinion notice of the application or proposal should be given to any person mentioned in that subsection, direct that such notice as it thinks fit shall be given to that person by the applicant or by any other person.

    (6) In considering an application under this section the Court shall have regard to—

    • (a) The nature and quality of the access (if any) to the landlocked land that existed when the applicant purchased or otherwise acquired the land;

    • (b) The circumstances in which the landlocked land became landlocked;

    • (c) The conduct of the applicant and the other parties, including any attempts that they may have made to negotiate reasonable access to the landlocked land;

    • (d) The hardship that would be caused to the applicant by the refusal to make an order in relation to the hardship that would be caused to any other person by the making of the order; and

    • (e) Such other matters as the Court considers relevant.

    (7) If, after taking into consideration the matters specified in subsection (6) of this section, and all other matters that the Court considers relevant, the Court is of the opinion that the applicant should be granted reasonable access to the landlocked land, it may make an order for that purpose—

    • (a) Vesting in the owner of the legal estate in fee simple in the landlocked land the legal estate in fee simple in any other piece of land (whether or not that piece of land adjoins the landlocked land):

    • (b) Attaching and making appurtenant to the landlocked land an easement over any other piece of land (whether or not that piece of land adjoins the landlocked land).

    (8) Any order under this section may be made upon such terms and subject to such conditions as the Court thinks fit in respect of—

    • (a) The payment of compensation by the applicant to any other person; and

    • (b) The exchange of any land by the applicant and any other person; and

    • (c) The fencing of any land, and the upkeep and maintenance of any fence; and

    • (d) The upkeep and maintenance of any land over which an easement is to be granted; and

    • (e) The carrying out of any survey that may be required by the District Land Registrar before he will issue, in respect of any piece of land affected by the order, a certificate of title free of any limitations as to title or parcels within the meaning of Part 12 of the Land Transfer Act 1952; and

    • (f) The time in which any work necessary to give effect to the order is to be carried out; and

    • (g) The execution, stamping, and delivery of any instrument; and

    • (h) Such other matters as the Court considers relevant.

    (9) Every order made under subsection (7) of this section shall provide that the reasonable cost of carrying out any work necessary to give effect to the order shall be borne by the applicant for the order, unless the Court is satisfied, having regard to the matters specified in paragraphs (b) and (c) of subsection (6) of this section, that it is just and equitable to require any other person to pay the whole or any specified share of the cost of such work.

    (10) Where the Court makes an order under this section, the Court may, in the order—

    • (a) Declare any estate or interest in any piece of land affected by the order to be free of any mortgage, lease, easement, or other encumbrance affecting that piece of land, or vary, to such extent as it considers necessary in the circumstances, any mortgage, lease, easement, contract, or other instrument affecting or relating to that piece of land:

    • (b) Declare that the legal estate in fee simple in any piece of land to be vested in the owner of the legal estate in fee simple in the landlocked land shall so vest subject to the same terms, conditions, liabilities, and encumbrances as those on and subject to which the owner holds the estate in the landlocked land, and shall be subject in all respects to any instrument of mortgage, charge, lease, sublease, or other encumbrance affecting that estate in the landlocked land as if the piece of land to be vested had been expressly included in the instrument.

    (11) Where the Court makes an order (in this subsection referred to as the principal order) under subsection (7) of this section, it may, at the same time or at any other time on an application made to it in that behalf, make—

    • (a) An order authorising any person named in the order, his agents, employees, and contractors, with or without animals, vehicles, aircraft, hovercraft, and any mode of conveyance and any equipment, to enter upon any piece of land specified in the order for the purpose of carrying out any work necessary to give effect to the principal order:

    • (b) Such other consequential order as the Court may think necessary or desirable to give full effect to the principal order.

    (12) Any order made under subsection (7) of this section may be registered as an instrument under the Land Transfer Act 1952, the Deeds Registration Act 1908, or Part 1 of the Crown Minerals Act 1991, as the case may require.

    (13) This section shall bind the Crown, and shall apply to all land, including Maori land and Crown land:

    Provided that the Court shall not have power under this section to grant reasonable access to any land over—

    • (b) Any land that is comprised in any public reserve within the meaning of the Reserves Act 1977; or

    (14) Notwithstanding any of the foregoing provisions of this section, on an application made under this section the Court may decline to make an order if it is of the opinion, having regard to all the circumstances of the case, that the applicant is entitled and should be required to seek relief under section 124 of the Public Works Act 1928, or under section 316 or sections 326A to 326D of Te Ture Whenua Maori Act 1993, or under any of the provisions of any other enactment.

    (15) Nothing in Part 10 of the Resource Management Act 1991 shall apply to any transfer, exchange, or other disposition of any land made in pursuance of an order of the Court made under this section.

    Sections 129B and 129C were inserted, as from 19 September 1975, by section 12(2) Property Law Amendment Act 1975 (1975 No 36).

    Subsection (1)(c) was amended, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69) by substituting the words of the Resource Management Act 1991 for the words of the Town and Country Planning Act 1977.

    Subsection (12) was amended, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69) by substituting the words or Part 1 of the Crown Minerals Act 1991 for the words or the Mining Act 1971.

    In the proviso to subsection (13) the National Parks Act 1980 (1980 No 66) has been substituted for the repealed National Parks Act 1952.

    The Reserves Act 1977 (1977 No 66) has been substituted for the repealed Reserves and Domains Act 1953.

    The New Zealand Railways Corporation Act 1981 (1981 No 119) has been substituted for the repealed Government Railways Act 1949.

    In subsection (14), the Local Government Act 1974, has been substituted for the repealed Municipal Corporations Act 1954, the repealed Counties Act 1956 and the Public Works Act 1928 (consolidated by section 248(1) Public Works Act 1981 (1981 No 35)).

    Subsection (14) was amended, as from 1 July 1993, by section 362(1) Te Ture Whenua Maori Act 1993 (1993 No 4) by substituting the expression section 316 of Te Ture Whenua Maori Act 1993 for the expression section 418 or section 419 of the Maori Affairs Act 1953.

    Subsection (14) was amended, as from 1 July 2002, by section 59(1) Te Ture Whenua Maori Amendment Act 2002/Maori Land Amendment Act 2002 (2002 No 16), by inserting the expression or sections 326A to 326D after the expression section 316.

    Subsection (14) was amended, as from 1 July 2003, by section 262 Local Government Act 2002 (2002 No 84), by omitting the words the Local Government Act 1974 or. See sections 273 to 314 of that Act as to the savings and transitional provisions.

    The original subsection (15) was amended, as from 1 April 1980, by section 8(3) Local Government Amendment Act 1979 (1979 No 59).

    Subsection (15) was substituted, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).