Housing Act 1955

Public Act1955 No 51
Date of assent21 October 1955

Contents

Title

10  [Repealed]

12  [Repealed]

Disposal of State housing land

20  [Repealed]

Easements

Accounts

Miscellaneous

35  [Repealed]


An Act to consolidate and amend the Housing Act 1919 and certain other enactments of the General Assembly relating to State housing

BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:

1 Short Title
  • This Act may be cited as the Housing Act 1955.

2 Interpretation
  • (1) In this Act, unless the context otherwise requires,—

    Board

    [Repealed]

    Board: this definition was omitted, as from 19 October 1965, by section 45(2) State Advances Corporation Act 1965 (1965 No 47).

    Corporation means Housing New Zealand Corporation

    Corporation: this definition was substituted, as from 14 October 1974, by section 50(1) Housing Corporation Act 1974 (1974 No 19).

    Corporation: this definition was amended, as from 1 July 2001, by section 24(1) Housing Corporation Amendment Act 2001 (2001 No 37) by substituting the words Housing New Zealand Corporation for the words the Housing Corporation of New Zealand.

    District means a district of a local authority

    District: this definition was inserted, as from 1 April 1980, by section 8(3) Local Government Amendment Act 1979 (1979 No 59).

    Dwelling means any building or part of a building that is suitable for residential accommodation of any kind; and includes every garage, shed, and other building used in connection therewith; but does not include the land appurtenant to a dwelling

    local authority means a territorial authority within the meaning of the Local Government Act 2002

    Local authority: this definition was substituted, as from 1 April 1980, by section 8(3) Local Government Amendment Act 1979 (1979 No 59).

    Local authority: this definition was substituted, as from 1 July 2003, by section 262 Local Government Act 2002 (2002 No 84). See sections 273 to 314 of that Act as to the savings and transitional provisions.

    Minister means the Minister of Housing

    Owner, in relation to any land in respect of which there is registered an easement certificate issued under section 25 of this Act, means the person (including the Crown) for the time being entitled to the rack rent thereof or who would be so entitled if the land were let at a rack rent; and does not include the Crown in any case where any agreement for sale or licence to occupy under section 16 or section 17 of this Act is for the time being in force in respect of the land

    Pipe line means any system of pipes for the passage or disposal of water or storm water or sewage; and includes a septic tank system and a communal water supply system

    State housing land means land that is for the time being held or set apart for State housing purposes; and includes land that at any material date was held or set apart for the purposes of Part 1 of the Housing Act 1919

    State housing purposes means the erection, acquisition, or holding of dwellings and ancillary commercial buildings by the Crown under this act for disposal by way of sale, lease, or tenancy; and includes the acquisition of land by the Crown—

    • (a) As sites for dwellings and ancillary commercial buildings:

    • (b) For schemes of development and subdivision into sites for dwellings:

    • (c) For motorways, roads, streets, access ways, service lanes, reserves, pumping stations, drainage and water works, river and flood protection works, and other works upon or for the benefit of the land so acquired or the occupiers thereof:

    Acquisition or acquire, in relation to any land, includes the taking or setting apart of the land under the Public Works Act 1928, and its vesting pursuant to any Act, and its purchase, leasing, or acquisition in any other manner whatsoever

    Reference to any motorway, road, street, access way, or service lane shall be deemed to include every carriage way, cycle track, bridge, culvert, kerb, drain, channel, footway, crossing, fence, barricade, entrance thereto, exit therefrom, or other thing belonging thereto, or lying upon the line or within the limits of the land having that status.

    (2) While an agreement for sale under section 16 of this Act remains in force in respect of any land, the land shall be deemed not to be State housing land. If any such agreement is rescinded, the land (if then belonging to the Crown) shall thereupon be deemed to be State housing land.

    Compare: 1919 No 32 s 2; 1940 No 14 s 2; 1953 No 115 s 14

Part 1
State houses

3 Powers of Minister in relation to State housing
  • The Minister may from time to time determine either generally or in any particular case what land or classes of land may be acquired for State housing purposes and the general scheme of development thereof, the number and classes of dwellings and ancillary commercial buildings to be constructed, and any other matters of State housing policy.

3A Relationship to Resource Management Act 1991
  • Nothing in this Part of this Act shall derogate from any of the provisions of the Resource Management Act 1991.

    Section 3A was inserted, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

4 Crown land may be set apart for State housing purposes
  • (1) The Minister of Lands may from time to time, by notice in the Gazette, set apart as State housing land any Crown land within the meaning of the Land Act 1948.

    (2) All land which immediately before the commencement of this Act was held or set apart for the purposes of Part 1 of the Housing Act 1919 shall be deemed to be State housing land at the commencement of this Act.

    Compare: 1919 No 32 s 9

5 Power to take land for State housing purposes
  • The Governor-General may take under the Public Works Act 1928 any land required for State housing purposes:

    Provided that no Maori land shall be taken for State housing purposes without the consent of the Minister of Maori Affairs.

    Compare: 1936 No 58 s 32

6 Power to purchase land, dwellings, etc, for State housing purposes
  • (1) There may from time to time be purchased or taken on lease, out of money appropriated by Parliament for the purpose or (subject to any direction of the Minister) out of money received by the Corporation under subsection (1) of section 32 of this Act, such land, dwellings, buildings, and chattels as may be required for State housing purposes.

    (2) Any lease which is taken as aforesaid may be for such term of years, at such rent, and on such terms and conditions as to payment of rent, renewals, compensation for improvements, purchase of outstanding interests of the lessor, and other matters, as may be determined by the Minister or by the Corporation subject to his direction.

    Compare: 1919 No 32 s 10; 1920 No 49 s 2; 1943 No 3 s 2(4)

7 Land, etc, to be acquired in name of Crown
  • All land, dwellings, buildings, and chattels acquired as aforesaid for State housing purposes shall be acquired in the name and on behalf of the Crown.

    Compare: 1936 No 12 s 21

8 Development of State housing land
  • The cost of doing all or any of the following may be paid or contributed to out of money appropriated by Parliament for the purpose, namely:

    • (a) Surveying and subdividing any State housing land:

    • (b) Developing any State housing land as sites for all types of buildings which are desirable for the general residential development of the area:

    • (c) Laying out and constructing works upon or for the benefit of any State housing land or the occupiers thereof, including motorways, roads, streets, access ways, service lanes, reserves, pumping stations, drainage and water works, and river and flood protection works.

9 Power to erect and repair dwellings
  • (1) The Minister, from time to time out of money appropriated by Parliament for the purpose, may cause dwellings and ancillary commercial buildings to be erected for State housing purposes on any State housing land, and may cause any dwelling or building on any such land to be demolished or rebuilt.

    (2) The Minister or the Corporation may from time to time alter, enlarge, repair, or otherwise improve any dwelling or building on any State housing land.

    Compare: 1919 No 32 s 11; 1943 No 3 s 2(4)

10
  • [Repealed]

    The original section 10 was substituted, as from 1 April 1980, by section 8(3) Local Government Amendment Act 1979 (1979 No 59).

    Section 10 was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

11 Vesting of roads, streets, etc
  • (1) The Governor-General may, by Order in Council published in the Gazette, declare that any road, street, access way, or service lane, laid out or constructed under this Part of this Act within a district shall be vested in the territorial authority of the district and be under the control and management of that authority, and thereupon the road, street, access way, or service lane and the soil thereof and all materials of which it is composed shall be deemed to be vested in the authority in fee simple.

    (2) Subject to the Resource Management Act 1991, but notwithstanding anything to the contrary in the Public Works Act 1981 or the Local Government Act 1974, it shall be lawful for any local authority to consent under sections 114, 116, 117, 119 or 120 of the Public Works Act 1981 to the proclaiming of any land as a road or street of a width less than 12 metres if the land is State housing land or if the road or street is required to provide access to any State housing land or land subject to an agreement for sale or licence to occupy under section 16 or section 17 of this Act.

    Section 11 was substituted, as from 1 April 1980, by section 8(3) Local Government Amendment Act 1979 (1979 No 59).

    Subsection (2) was amended, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69) by substituting the words Subject to the Resource Management Act 1991 for the words Subject to the Town and Country Planning Act 1977.

    References in section 10 to the Public Works Act 1981 have been substituted, without specific authority, for the provisions of the repealed Public Works Act 1928.

12
  • [Repealed]

    Section 12 was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

13 Amendment of Land Act 1948
  • (1) [Repealed]

    (2) This subsection amended s 167(1A) of the Land Act 1948.

    Subsection (1) was repealed, as from 1 April 1980, by section 9(1) Local Government Amendment Act 1979 (1979 No 59).

14 Power to hold and dispose of shares in company formed to erect flats
  • The Corporation may from time to time, upon such terms as it thinks fit, acquire, hold, and dispose of shares and other rights in any company or organisation formed with the object of acquiring State housing land for the purpose of erecting thereon living accommodation comprising 2 or more separate flats or apartments or with the object of purchasing State housing land on which such living accommodation has been erected.

Disposal of State housing land

15 Disposal of State housing land by sale or lease
  • Subject as hereafter provided in this Act, any State housing land and any buildings or chattels held for State housing purposes may be disposed of by way of sale, lease, or tenancy by the Corporation.

    Compare: 1919 No 32 ss 12, 25; 1937 No 20 s 6

16 Sale of State housing land
  • (1) Subject to any direction of the Minister, any State housing land may be sold for cash or under an agreement for sale in such manner, at such price, and on such terms and conditions as the Corporation thinks fit.

    (2) Without limiting the power of the Corporation to fix the selling price or the terms and conditions of sale in connection with any such sale, it is hereby declared that the Corporation may—

    • (a) Allow discount at such rate as it thinks fit on any money so paid in excess of a minimum deposit, and on any principal money paid in respect of the selling price in excess of the payments of principal for the time being due in respect of the sale:

    • (b) Allow the remission of the whole or any part of the unpaid balance of the selling price on the death of the purchaser or of any other specified person whom the Corporation considers to be the wage earner of the purchaser's household before the purchaser or specified person attains an age to be fixed by the Corporation in consideration of a payment of such amount, or of an increase of the selling price by such amount, as the Corporation may determine:

    • (c) Make the sale conditional on the land not being sold within a specified period fixed by the Corporation without the land being offered to the Crown at a price to be agreed upon or determined by arbitration:

    • (d) Make the sale conditional on the purchaser remaining the sole owner of the land for a specified period fixed by the Corporation, and on the purchaser residing and making his home in a dwelling erected on the land and not parting with the possession of it during that period; and may permit these conditions to be fulfilled, in the event of the purchaser's death, by a specified member of the purchaser's household approved by the Corporation either at the time of sale or subsequently:

    • (e) Allow a reduction of the rate of interest on the whole or any part of the purchase price, and a remission of interest on such part of the purchase price as the Corporation thinks fit, while the terms and conditions of the sale or any specified terms and conditions are being fulfilled:

    • (f) Allow a remission of part of the purchase price if the terms and conditions of the sale or any specified terms and conditions are complied with for such period as may be fixed by the Corporation:

    • (g) Accept as security for any part of the purchase price a mortgage in favour of the Crown.

    Compare: 1950 No 93 s 23

    Subsection (2)(g) was inserted, as from 23 December 1980, by section 2 Housing Amendment Act 1980 (1980 No 114).

17 Licences to occupy
  • Where any State housing land has been sold (whether before or after the commencement of this Act) and at the date of the sale the land had a dwelling thereon, then, if after all principal, interest, and other money payable in consequence of the sale have been paid in full the Corporation is unable to confer on the purchaser a title to the land under the Land Transfer Act 1952 on account of roads not having been dedicated, surveys not having been completed, or any other reason, the Corporation may issue to the purchaser a licence to occupy the land in such form as the Corporation thinks fit.

    Compare: 1950 No 93 s 24

18 Registration of agreements and licences
  • (1) Notwithstanding anything to the contrary in the Land Transfer Act 1952, an agreement for sale or a licence to occupy under section 16 or section 17 of this Act may be registered under the Land Transfer Act 1952 by constituting it a folium of the register book; and the same registration fee shall be payable on any such agreement or licence as on a memorandum of lease.

    (2) Any such agreement or licence may describe the land comprised therein by reference to the plan thereof held by the Corporation as well as by any other mode of description; and, where a copy of that plan is deposited in the Land Registry Office of the district where the land is situated or a plan of the land is endorsed on the agreement or licence, the district Land Registrar for that district shall register the agreement or licence notwithstanding that a plan of the land has not been deposited as required by the District Land Registrar under section 167 of the Land Transfer Act 1952.

    (3) Where a plan of the land in any such agreement or licence has not been deposited as required by the District Land Registrar under section 167 of the Land Transfer Act 1952, he may, after constituting the agreement or licence a folium of the register book, endorse thereupon the words Limited as to parcels; and where a registered agreement or registered licence is so endorsed it shall have the same effect as if it were registered against a certificate of title limited as to parcels under Part 12 of the Land Transfer Act 1952.

    (4) Where a plan is deposited as required by the District Land Registrar under section 167 of the Land Transfer Act 1952 in respect of the land comprised in any such agreement or licence which is limited as to parcels, the District Land Registrar shall, if necessary, without payment of any further fee, correct the description of the land by making an appropriate endorsement on the folium of the register book constituted by the agreement or licence and shall endorse that folium to show that the agreement or licence is no longer limited as to parcels.

    (5) Where any such agreement or licence has been registered as aforesaid (whether before or after the commencement of this Act), every transfer, mortgage, lease, transmission, and other disposition of the land comprised therein may be registered in the same manner, subject to any modifications prescribed by any regulations made under this section, and subject to the provisions of section 37 of this Act, as a similar transfer, mortgage, lease, transmission, or disposition of a registered lease.

    (6) The same fee shall be payable on the registration of any transfer, mortgage, lease, transmission, or other disposition of the land comprised in any such agreement or licence, as on the registration of a similar transfer, mortgage, lease, transmission, or other disposition of an estate in fee simple in land.

    (7) The covenants, conditions, and restrictions contained or implied in any such agreement or licence registered under this section, and the amount of or allocation of the purchase price or the rate or rates of interest payable thereon, may from time to time be varied by a memorandum of variation thereof signed by the Corporation and the purchaser or licensee for the time being and registered in a form approved by the District Land Registrar. The same registration fee shall be payable on any such memorandum of variation as on a memorandum of extension of a lease. If the land affected by the memorandum of variation is at the time of registration thereof subject to any mortgage, then, except where that mortgage is in favour of the Corporation, the memorandum shall not be binding on the mortgagee unless he has consented thereto in writing upon the memorandum.

    (8) Where the Corporation lawfully rescinds or the purchaser surrenders or partially surrenders any such agreement or licence which has been registered under this section, the Corporation may send a notice of rescission or surrender to the District Land Registrar, who, without further notice or inquiry and without fee, shall enter a memorial thereof upon the register.

    (9) Where the purchaser's estate or interest under any such registered agreement or under any such registered licence is subject to any registered encumbrance, lien, or other interest, the District Land Registrar, before issuing a certificate of title under the Land Transfer Act 1952 in respect of the land, shall make all entries necessary to record on the certificate of title every existing registered encumbrance, lien, and interest, in the order of their registered priority; and the purchaser's estate or interest in the land shall be subject to every such encumbrance, lien, and interest as if it had been created in respect of that estate.

    Compare: 1950 No 93 s 25

19 Leases and tenancies
  • Subject to the Residential Tenancies Act 1986 and to any general directions of the Minister, every lease or tenancy granted by the Corporation of State housing land shall be on such terms, at such rent, and otherwise as the Corporation may stipulate.

    Section 19 was substituted, as from 1 February 1987, by section 144(3) Residential Tenancies Act 1986 (1986 No 120).

19A Special provisions applying to rent payable under leases and tenancies of State housing land
  • (1) Notwithstanding anything in this Act, the Residential Tenancies Act 1986, any other enactment, or rule of law, for the purposes of determining the rent payable under a lease or tenancy granted by the Corporation in respect of State housing land, whether before or after the commencement of the Housing Amendment Act 1992 and whether or not the land or the lease or tenancy has been vested in Housing New Zealand Limited pursuant to the Housing Restructuring and Tenancy Matters Act 1992,—

    • (a) No term or condition shall be taken to be implied in the lease or tenancy, whether before or after the commencement of the Housing Amendment Act 1992, limiting the rent payable or increases in the rent payable to an amount that is less than the amount stated in or determined under the lease or tenancy agreement or otherwise determined by the Tenancy Tribunal, as the case may be, by reason or on account of any decision, direction, or policy of the Crown to require payment of an amount that is less than the amount so stated or determined:

    • (b) No effect shall be given to any representation made by or on behalf of the Corporation, whether before or after the commencement of the Housing Amendment Act 1992, limiting the rent payable or increases in the rent payable to an amount that is less than the amount stated in or determined under the lease or tenancy agreement or otherwise determined by the Tenancy Tribunal, as the case may be, by reason or on account of any decision, direction, or policy of the Crown to require payment of an amount that is less than the amount so stated or determined.

    (2) Nothing in subsection (1) of this section shall be taken as imposing any liability on the Crown or the Corporation to pay compensation to any person.

    Section 19A was inserted, as from 18 August 1992, by section 2(1) Housing Amendment Act 1992 (1992 No 77).

    Subsection (1) was amended, as from 1 July 2006, by section 5(2)(a) Housing Restructuring and Tenancy Matters (Information Matching) Amendment Act 2006 (2006 No 34) by inserting the words and Tenancy Matters after the word Restructuring.

20
  • [Repealed]

    Section 20 was repealed, as from 1 February 1987, by section 144(3) Residential Tenancies Act 1986 (1986 No 120).

21 Power of Corporation to require information, and to terminate sales and leases where false information is furnished
  • (1) The Corporation may require any applicant for the purchase, lease, or tenancy of any State housing land on which any dwelling or other building is erected, or the wife, husband, civil union partner, or de facto partner of that applicant,—

    • (a) To furnish such information as the Corporation may specify as to the means and circumstances of the applicant and of the wife, husband, civil union partner, or de facto partner of the applicant:

    • (b) To verify any such information by statutory declaration.

    (2) If any such applicant is convicted under section 111 of the Crimes Act 1961 of an offence in respect of any statutory declaration made for the purposes of this section, the Corporation may thereupon terminate any lease or tenancy or rescind any agreement for sale which it has granted to or entered into with the applicant either alone or together with any other person in respect of any State housing land, and may recover possession of the land to which the lease, tenancy, or agreement relates, notwithstanding anything to the contrary in the Residential Tenancies Act 1986.

    Subsection (1) was amended, as from 26 April 2005, by section 7 Relationships (Statutory References) Act 2005 (2005 No 3) by substituting the words , husband, civil union partner, or de facto partner for the words or husband in both places where they appear.

    Subsection (2) was amended by substituting section 111 Crimes Act 1961 (1961 No 43) for the repealed Justices of the Peace Act 1927 and Crimes Act 1908.

    Subsection (2) was further amended, as from 1 February 1987, by section 144(3) Residential Tenancies Act 1986 (1986 No 120), by substituting the words Residential Tenancies Act 1986 for the words Tenancy Act 1955.

22 Acceptance of money after giving of notice rescinding agreement for sale
  • Where any notice rescinding an agreement for sale under this Part of this Act has been given upon default under the agreement—

    • (a) The acceptance by or on behalf of the Corporation of any money payable under the agreement shall not of itself constitute evidence of a new agreement or operate as a waiver of the notice; and

    • (b) It shall not be necessary for the Corporation to wait any further period or give any other notice or make any further demand, any rule of law or equity to the contrary notwithstanding.

23 Recovery of possession of land
  • (1) Notwithstanding anything to the contrary in section 63 of the Land Transfer Act 1952 or in any other Act, where the Corporation lawfully rescinds an agreement for sale granted under this Part of this Act, the purchaser and all persons claiming through the purchaser shall forthwith vacate the land and yield up possession thereof to the Corporation:

    Provided that this subsection shall not apply to persons who claim by virtue of an instrument approved by the Corporation and who have complied with all the terms and conditions of that approval.

    (2) In any action for possession of State housing land, a certificate by a person purporting to be the Manager of any Branch of the Corporation as to the value of the land, and as to whether any lease or tenancy has been granted in writing in respect of the land, and as to whether the land is State housing land, or as to any of those matters, shall, in the absence of proof to the contrary, be sufficient evidence in respect of the matter or matters so certified.

Easements

24 Power to grant easements, etc
  • The Corporation may from time to time grant any easement, right of way, right of occupation, or any other right or privilege or concession in, upon, over, or under any State housing land.

    Compare: 1940 No 14 s 9; 1943 No 3 s 2(4)

25 Corporation may issue easement certificates
  • Subject to the provisions of this Part of this Act, the Corporation may issue the following classes of easement certificates:

    • (a) Pipe line certificates:

    • (b) Right of way certificates:

    • (c) Party wall certificates.

    Compare: 1953 No 115 s 15

26 Pipe line certificates
  • (1) The Corporation may at any time issue a pipe line certificate in any case where—

    • (a) Any pipe line has been constructed by the Crown over or through land all or part of which, at the time of the construction, was State housing land; and

    • (b) The pipe line passes over or through more than one parcel of land or land which (in the opinion of the Corporation) is intended for subdivision into more than one parcel; and

    • (c) One or more of the parcels of land has been or is intended to be disposed of by way of sale under this Part of this Act or under the provisions of any corresponding former enactment.

    (2) In addition to its powers under subsection (1) of this section, the Corporation may at any time issue a pipe line certificate in any case where a section of the pipe line referred to in the certificate has been or is to be constructed over or through land that at the time of the registration of the certificate was not State housing land, if—

    • (a) The consent of the owner of that land and of every person having a registered interest therein is endorsed on the certificate in a manner satisfactory to the District Land Registrar or the Registrar of Deeds; or

    • (b) The right to construct the pipe line was reserved at the time of the disposal of the land by the Crown; or

    • (c) The pipe line was constructed on the land while it belonged to the Crown.

    (3) Every such pipe line certificate shall—

    • (a) Be executed by the Corporation:

    • (b) Specify the land over or through which the pipe line passes and the several parcels of land which are served or (in the opinion of the Corporation) are intended to be served by the pipe line:

    • (c) Specify the nature of the pipe line:

    • (d) Have endorsed thereon or refer to a diagram showing the several parcels of land served or (in the opinion of the Corporation) intended to be served by the pipe line, and the land over or through which the pipe line has been constructed.

    (4) While any pipe line certificate remains registered in accordance with section 29 of this Act against the titles to the land to which the certificate relates, unless the certificate otherwise provides, the following provisions shall apply:

    • (a) The owner for the time being of every parcel of land specified in the certificate as being served or intended to be served by the pipe line shall have a right to the free and uninterrupted use of the pipe line; and a right, for himself and his servants and agents, after giving reasonable notice, to enter upon any land shown in the certificate as land over or through which the pipe line passes and (so far as is reasonably necessary for the purpose) on other land to which the certificate relates for the purpose of relaying or effecting necessary repairs to the pipe line, subject to the restoration as nearly as is reasonably possible of the surface of the land to its former condition:

    • (b) The owner for the time being of any land specified in the certificate as being land over or through which the pipe line passes shall afford to the persons specified in paragraph (a) of this subsection the full and free exercise of the rights specified in that paragraph in respect of that land:

    • (c) The owner for the time being of each parcel of land specified in the certificate as being served or intended to be served by the pipe line may require and enforce reasonable contribution from all or any other such owners in respect of the cost of executing, providing, and doing all necessary relaying of or repairs to the pipe line, and all things required in respect of the pipe line by any local authority having statutory powers in respect thereof:

      Provided that, where relaying or repairs are rendered necessary by the act or default of any one or more of the owners, he or they shall bear the whole cost thereof.

    (5) Where it is not practicable to show the true course of any pipe line in any pipe line certificate, its position shall be indicated as nearly as possible in the certificate; and, until the contrary is proved, the course so indicated shall be deemed to be the true course. No action shall lie against the Crown under Part 11 of the Land Transfer Act 1952 by reason of any pipe line certificate registered under this Part of this Act not indicating the true course of any pipe line referred to therein.

    Compare: 1953 No 115 s 16

27 Right of way certificates
  • (1) The Corporation may at any time issue a right of way certificate in any case where,—

    • (a) In the opinion of the Corporation, any right of way for the use of pedestrians or vehicles from any legally created road or street or from any land used as a road or street to any parcel or parcels of land which was State housing land when the right of way came into existence passes over other land which was State housing land when the right of way came into existence; and

    • (b) After the right of way came into existence, one or more of the parcels of land has been disposed of by way of sale under this Part of this Act or under the provisions of any corresponding former enactment.

    (2) Every such right of way certificate shall—

    • (a) Be executed by the Corporation:

    • (b) Specify the several parcels of land served by the right of way and the land over which the right of way exists:

    • (c) Have endorsed thereon or refer to a diagram showing the several parcels of land served by the right of way and the land over which the right of way exists.

    (3) While any right of way certificate remains registered in accordance with section 29 of this Act against the titles to the land to which the certificate relates, unless the certificate otherwise provides, the following provisions shall apply:

    • (a) The owner for the time being of any parcel of land specified in the certificate as being served by the right of way shall have the full and free right and liberty for himself, his tenants, agents, workmen, licensees, and invitees (in common with all other persons having the like right) from time to time and at all times by day or night to pass and repass over the land specified in the certificate as land over which the right of way exists with or without domestic animals of any kind and, where practicable, with vehicles and implements of any kind:

    • (b) The owner for the time being of any land specified in the certificate as being land over which the right of way exists shall afford to the persons specified in paragraph (a) of this subsection the full and free exercise of the rights specified in paragraph (a) of this subsection in respect of that land:

    • (c) The owner for the time being of any parcel of land specified in the certificate as being served by the right of way may require and enforce reasonable contribution from all or any other such owners in respect of the cost of executing, providing, and doing all or any of the things necessary for the proper maintenance or reconstruction of the right of way or lawfully required in respect thereof by any local authority having jurisdiction in the matter.

    Compare: 1953 No 115 s 17

28 Party wall certificates
  • (1) The Corporation may at any time issue a party wall certificate in respect of a party wall in any building if—

    • (a) The building was erected or acquired for State housing purposes; and

    • (b) The party wall separates 2 or more separate dwellings within the building; and

    • (c) One or more of the separate dwellings have been disposed of by way of sale under this Part of this Act or under the provisions of any corresponding former enactment.

    (2) Every such party wall certificate shall—

    • (a) Be executed by the Corporation:

    • (b) Specify the party wall to which the certificate relates, the land which is the site of the wall, the separate dwellings of which the party wall forms part, and the land appurtenant to those dwellings:

    • (c) Specify the dwelling or dwellings which have been disposed of by way of sale under this Part of this Act or under the provisions of any corresponding former enactment:

    • (d) Have endorsed thereon or refer to a diagram showing the party wall, dwellings, and land specified in the certificate.

    (3) While any party wall certificate remains registered in accordance with section 29 of this Act against the titles to the land to which the certificate relates, unless the certificate otherwise provides, the following provisions shall apply:

    • (a) The owner for the time being of any land on which any part of the party wall forming part of his dwelling is situated shall have the full, free, and uninterrupted right to the use and enjoyment for the purposes of a party wall of any other land shown in the certificate as part of the site of the party wall, and of the portion of the party wall erected on that land:

    • (b) The maintenance, repair, and reinstatement of the part of any party wall which separates any 2 dwellings shall be borne and done at the joint expense of the owners of the land on which those dwellings are situated, unless any such work has been rendered necessary by the act or default of either of those owners alone, in which event the owner responsible or in default shall bear the whole cost thereof:

    • (c) No owner of any land on which part of any party wall is situated shall, without the consent of the owner of every piece of land on which any other part of the party wall is situated, make any addition to the party wall or impose any additional weight upon it or otherwise expose it to risk of damage.

    Compare: 1953 No 115 s 18

29 Registration of easement certificates
  • (1) Any easement certificate issued by the Corporation as aforesaid shall upon presentation for registration be registered by the District Land Registrar or Registrar of Deeds against the title to all land indicated in the certificate as affected thereby; and shall be so registered without production of the duplicate certificate of title or other document of title relating to the land if the Corporation is unable to produce the same. An easement certificate shall not be registered as aforesaid unless there is a registered title to all land indicated in the certificate as affected thereby.

    (2) Any easement certificate may be registered as aforesaid notwithstanding that Her Majesty the Queen is the sole registered proprietor of all land indicated in the certificate as affected thereby.

    (3) Any easement certificate may be varied, or may be cancelled in respect of all or any of the land indicated in the certificate as affected thereby—

    • (a) By the issue by the Corporation of a further similar certificate specifying the manner in which the easement certificate is to be varied or the extent to which the certificate is to be cancelled:

      Provided that an easement certificate shall not be varied under this paragraph so as to make it more onerous in respect of any land which is not for the time being State housing land:

    • (b) By consent of the owners for the time being of all the land against the title to which the certificate is for the time being registered:

    • (c) By order of the High Court made, subject to section 30 of this Act, on application to the High Court in that behalf.

    (4) Any certificate, consent, or order to which subsection (3) of this section relates shall, upon presentation for registration, be registered by the Registrar as if it were an easement certificate.

    (5) A registration fee of $2 shall be payable on any certificate, consent, or order which may be registered under this section.

    (6) Notwithstanding any rule of law or enactment to the contrary, any easement certificate registered under this section shall be deemed to be binding on any prior or subsequent mortgagee of any of the land or of any interest in any of the land affected by the certificate, and no consent under the Local Government Act 2002 or otherwise shall be necessary to the issue or registration thereof.

    (7) Any person in possession of the certificate of title or other document of title to land affected by any certificate issued under this section shall, upon receiving notice from the Registrar in that behalf, deliver up to him that certificate of title or other document for the entry thereon of an appropriate memorial; and every person who refuses or neglects so to deliver up any such instrument commits an offence against this Act and shall be liable on summary conviction to a fine not exceeding $100.

    (8) The Registrar shall not be concerned to inquire as to the truth of any statement contained in any certificate presented for registration under this section, and no action shall lie against the Crown or the Registrar or any other person (other than the Corporation) on behalf of the Crown in respect of any such registration.

    (9) No person shall have any claim against the Crown under Part 11 of the Land Transfer Act 1952 by reason of any omission, mistake, or misfeasance of any person other than the Registrar or his officers or clerks in relation to the registration of a certificate under this section.

    Compare: 1953 No 115 s 19

    In subsection (3)(c) the words High Court were substituted for the words Supreme Court, as from 1 April 1980, pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124).

    Subsection (6) was amended, as from 1 April 1980, by section 8(3) Local Government Amendment Act 1979 (1979 No 59) by substituting the words Local Government Act 1974 for the words Municipal Corporations Act 1954

    Subsection (6) was amended, as from 1 July 2003, by section 262 Local Government Act 2002 (2002 No 84), by substituting the words Local Government Act 2002 for the words Local Government Act 1974. See sections 273 to 314 of that Act as to the savings and transitional provisions.

30 Easement certificate to be evidence of compliance with Act
  • The issue by the Corporation of any certificate which may be registered under section 29 of this Act shall—

    • (a) Before the expiration of 12 years from the date of the registration of the certificate under this section, be sufficient evidence in the absence of proof to the contrary that the requirements of this Part of this Act in respect of the certificate have been complied with:

    • (b) After the expiration of 12 years from that date, be conclusive evidence that those requirements have been complied with.

    Compare: 1953 No 115 s 19(6)

Part 2
Accounts and miscellaneous

Accounts

31 Abolition of Housing Account
  • (1) The Housing Account established under section 17 of the State Advances Corporation Act 1936 is hereby abolished.

    (2) The enactments specified in Schedule 1 to this Act are hereby consequentially amended in the manner indicated in that Schedule.

32 Payments to be made to and by the Corporation
  • (1) All amounts payable to the Crown in respect of land, dwellings, buildings, and chattels administered by the Corporation under this Act, and all amounts which if this Act had not been passed would have been payable into the Housing Account, shall be paid to the Corporation.

    (2) The Corporation shall pay out of the money received pursuant to subsection (1) of this section—

    • (a) All necessary expenses which it has to pay for repairing, renovating, rebuilding, and improving any such land, dwellings, buildings, and chattels and keeping them in a fit and proper state:

    • (b) All amounts required for the acquisition of land, dwellings, buildings, and chattels by the Corporation pursuant to Part 1 of this Act and for the repair, alteration, enlargement, or improvement thereof:

    • (c) Interest and other charges on the capital liability to the Crown in respect of the land and buildings administered by the Corporation:

    • (d) All expenses of or incidental to the administration of this Act, including such remuneration to the Corporation in respect of the administration of this Act as may from time to time be approved by the Minister of Finance:

    • (e) The amount of any loans or payments which under the provisions of any other Act would have been payable out of the Housing Account if this Act had not been passed.

    (3) The Corporation shall make such provision as it thinks fit for the depreciation of assets, insurances, reserves, and for such other matters as are in its opinion necessary.

    (4) Any money required to carry out works authorised under Part 1 of this Act may be paid out of money appropriated by Parliament for the purpose.

    (5) Any money required by the Corporation for the purposes of this Act or for the purposes of any other Act directing that money may be paid or loans made for the purposes of housing may be paid by the Minister of Finance to the Corporation out of public money appropriated by Parliament for the purpose.

    Subsection (2)(b) was amended, as from 19 October 1965, by section 45(2) State Advances Corporation Act 1965 (1965 No 47) by substituting the word Corporation for the word Board.

    Subsection (2)(c) was amended, as from 1 April 1978, by section 136(a) Public Finance Act 1977 (1977 No 65) by substituting the words Public Account under section 99 of the Public Finance Act 1977 for the words Consolidated Fund under the provisions of subsection (5) of section 14 of the New Zealand Loans Act 1953.

    Subsection (2)(c) was further amended, as from 1 July 1989, by section 86(1) Public Finance Act 1989 (1989 No 44) by substituting the word Crown for the words Public Account under section 99 of the Public Finance Act 1977.

    Subsection (3) and the originals subsection (5) were amended, as from 19 October 1965, by section 45(2) State Advances Corporation Act 1965 (1965 No 47) by substituting the word Corporation for the word Board.

    Subsection (5) was substituted, as from 1 April 1978, by section 136(b) Public Finance Act 1977 (1977 No 65).

    Subsection (5) was further substituted, as from 1 July 1989, by section 86(1) Public Finance Act 1989 (1989 No 44).

33 Corporation to pay money not required for housing purposes to Crown Bank Account
  • Where the Corporation is of the opinion that the amount of money held by it on behalf of the Crown is in excess of the amount reasonably required to meet expenditure under section 32 of this Act, it shall pay the amount of the excess to the Crown Bank Account.

    Section 33 was amended, as from 1 July 1991, by section 86(1) Public Finance Act 1989 (1989 No 44) by substituting the words Crown Bank Account for the words Public Account to be credited to the Loans Redemption Account.

34 Annual report
  • (1) As soon as practicable after the end of each financial year ending with the 30th day of June, a balance sheet, profit and loss account, and such other statements as may be necessary to show fully the financial results and position (duly audited by the Audit Office), together with a report on the operations for the financial year in respect of all land, dwellings, buildings, and chattels subject to this Act and under the administration of the Corporation, shall be submitted to the Minister.

    (2) A copy of the balance sheet, account, statements, and report shall be laid before Parliament within 28 days after the date on which they are furnished to the Minister if Parliament is then in session, and, if not, shall be laid before Parliament within 28 days after the date of the commencement of the next ensuing session.

    Compare: 1919 No 32 s 35

    Subsection (1) was amended, as from 31 March 1989, by section 38 Housing Restructuring Act 1992 (1992 No 76) by substituting the expression 30th day of June for the expression 31st day of March.

Miscellaneous

35
  • [Repealed]

    Section 35 was repealed, as from 1 January 1972, by section 101(1) Stamp and Cheque Duties Act 1971 (1971 No 51).

36 Execution of documents
  • (1) Any deed or document required to be executed on behalf of the Crown for the purposes of this Act may be executed on behalf of the Crown by the Corporation, or by the Minister, or by any person authorised by the Minister in that behalf either generally or in respect of any specified deed or document or of any specified class or classes of deeds or documents.

    (2) The Corporation may execute on behalf of the Crown a transfer to any purchaser of the estate or interest of the Crown in any land which has been sold to that purchaser either before or after the commencement of this Act (whether that estate or interest is an estate in fee simple or a lesser estate or interest in the land) if immediately before the sale the land was State housing land.

    (3) For the purposes of section 47 of the Public Works Act 1981, any request made by the Corporation to any District Land Registrar shall have the same effect as a like request made by the Minister of Lands.

    (4) Notwithstanding anything to the contrary in any Act or rule of law, it shall not be necessary for any memorandum of transfer to the Crown of any land acquired for State housing purposes to be executed by or on behalf of the transferee.

    (5) For the purposes of the Fencing Act 1978, the occupier of any State housing land shall be deemed to include the Corporation and the Minister; and no person shall be concerned to inquire into the validity of any notice purporting to be signed by or on behalf of the Corporation or the Minister.

    Compare: 1919 No 32 ss 32, 33; 1940 No 14 s 10; 1947 No 60 s 23; 1950 No 93 s 26

    Subsection (2) was amended, as from 8 December 1971, by section 2(a) Housing Amendment Act 1971 (1971 No 101) by omitting the words Every such transfer shall bear a certificate by the Corporation as to the date of possession fixed in respect of that sale by the relevant agreement for sale:.

    Subsection (2) proviso was repealed, as from 8 December 1971, by section 2(a) Housing Amendment Act 1971 (1971 No 101).

    Subsection (3) was substituted, as from 1 April 1988, by section 2 Housing Amendment Act 1988 (1988 No 66).

    The reference to the Fencing Act 1978 in subsection (5) was substituted, as from 1 April 1978, for a reference to the Fencing Act 1978, pursuant to section 28(1) Fencing Act 1978 (1978 No 50).

37 Restriction on registration of instruments
  • No District Land Registrar shall register any instrument that purports to transfer, lease, or in any other way dispose in whole or in part of the purchaser's interest in any agreement registered under section 18 of this Act or under the provisions of any corresponding former enactment, unless—

    • (a) The instrument is in favour of the Crown or the Corporation, or the Crown or the Corporation is a party to the instrument; or

    • (b) The instrument is an application to register the settlement of the land as a joint family home under the Joint Family Homes Act 1964; or

    • (c) The instrument is a disposition by way of mortgage; or

    • (d) The consent of the Corporation is endorsed on the instrument.

    Section 37 was substituted, as from 8 December 1971, by section 3(1) Housing Amendment Act 1971 (1971 No 101).

38 Cancellation of restrictions imposed under former legislation on freehold titles in respect of dwellings
  • The District Land Registrar for the land registration district in which is situated any land acquired under the Housing Act 1919 or the Workers' Dwellings Act 1910 or any former Workers' Dwellings Act, on presentation to him of any certificate of title issued pursuant to any such Act and having thereon any endorsement or memorial or any restriction or limitation imposed by virtue of the provisions of any such Act or of section 22 of the State Advances Corporation Act 1936, shall, without requiring the payment of any fee, cancel the endorsement or memorial:

    Provided that an easement certificate under Part 2 of the Finance Act (No 2) 1953, shall not be so cancelled unless the Corporation so requests.

    Compare: 1925 No 7 s 2

    Section 38 the proviso was amended, as from 8 December 1971, by section 3(1) Housing Amendment Act 1971 (1971 No 101) by omitting the words an endorsement or memorial relating to the restrictions imposed by section 25 of the Finance Act 1950, or.

39 Corporation agent of the Crown
  • In respect of the exercise of its functions under this Act the Corporation shall be deemed to be and always to have been the agent of the Crown, and shall be entitled accordingly to all the privileges which the Crown enjoys. The Corporation shall answer and act in its own name in respect of all such matters.

    Compare: 1940 No 14 s 11

40 Regulations
  • (1) The Governor-General may from time to time, by Order in Council, make all such regulations as in his opinion may be necessary or expedient for giving full effect to the provisions of this Act and for the due administration thereof.

    (2) Without limiting the general power hereinbefore conferred, regulations may be made under this section for all or any of the following purposes:

    • (a) Prescribing the terms and conditions of agreements for sale of State housing land, including conditions for the rescission of any such agreement:

    • (b) Prescribing the conditions subject to which State housing land or buildings thereon may be let or leased:

    • (c) Prescribing fees payable on applications for land or buildings under Part 1 of this Act:

    • (d) Prescribing or regulating the mode of registration of instruments under section 18 of this Act:

    • (e) Empowering the Crown to acquire or construct dwellings for the employees of any Pest Destruction Board constituted under the Agricultural Pests Destruction Act 1967; and prescribing the terms upon which the Crown may sell or lease the dwellings to Pest Destruction Boards, and the terms upon which the provisions of section 17 of the Public Works Amendment Act 1948 may be applied in respect of any such dwelling, and in what circumstances that dwelling may not become a fixture or pass with the land but remain the property of the owner thereof:

    • (f) Generally for giving effect to the provisions of this Act.

    (3) [Repealed]

    Compare: 1919 No 32 s 34

    Subsection (2)(e) was amended, as from 1 April 1968, pursuant to section 126(6) Agricultural Pests Destruction Act 1967 (1967 No 147) by substituting the words Pest Destruction Board and Pest Destruction Boards for the words Rabbit Board and Rabbit Boards respectively.

    The Agricultural Pests Destruction Act 1967 (1967 No 147), being the corresponding enactment in force, has been substituted for the repealed Rabbits Act 1955.

    Subsection (3) was repealed, as from 19 December 1989, by section 11 Regulations (Disallowance) Act 1989 (1989 No 143).

41 Consequential amendments
  • (1) [Repealed]

    (2) This subsection amended s 30(4) of the Finance Act (No 2) 1945.

    (3) Every reference in any other enactment or document to land set apart or held for the purposes of Part 1 of the Housing Act 1919 shall be read as a reference to State housing land under the Housing Act 1955; and every other reference in any enactment or document to the purposes of Part 1 of the Housing Act 1919 shall be read as a reference to State housing purposes under the Housing Act 1955.

    Subsection (1) was repealed, as from 21 November 1973, by section 3(4) Public Works Amendment Act 1973 (1973 No 44).

42 Repeals and savings
  • (1) The enactments specified in Schedule 2 to this Act are hereby repealed.

    (2) Without limiting the provisions of the Acts Interpretation Act 1924, it is hereby declared that the repeal of any provision by this Act shall not affect any document made or any thing whatsoever done under the provision so repealed or under any corresponding former provision, and every such document or thing, so far as it is subsisting or in force at the time of the repeal and could have been made or done under this Act, shall continue and have effect as if it had been made or done under the corresponding provision of this Act and as if that provision had been in force when the document was made or the thing was done.


Schedule 1
Amendments consequential on abolition of Housing Account

Section 31(2)

Schedule 2
Enactments repealed

Section 42(1)

  • 1919, No 32—The Housing Act 1919. (1931 Reprint, Vol III, p 798)

  • 1920, No 49—The Housing Amendment Act 1920. (1931 Reprint, Vol III, p 814; Vol IV, p 1046)

  • 1921-22, No 60-The Housing Amendment Act 1921-22. (1931 Reprint, Vol III, p 818; Vol IV, p 1048)

  • 1925, No 7—The Housing Amendment Act 1925. (1931 Reprint, Vol III, p 820)

  • 1936, No 12—The State Advances Corporation Act 1936: Part 4.

  • 1936, No 58—The Statutes Amendment Act 1936: Section 32.

  • 1937, No 17—The Finance Act 1937: So much of Schedule 1 as relates to the Housing Act 1919.

  • 1937, No 20—The State Advances Corporation Amendment Act 1937: Sections 4 to 7 and the Schedule.

  • 1940, No 14—The Housing Amendment Act 1940.

  • 1943, No 15—The Finance Act (No 3) 1943: Section 14(3).

  • 1946, No 41—The Finance Act (No 2) 1946: Sections 11 and 33.

  • 1947, No 60—The Statutes Amendment Act 1947: Section 23.

  • 1948, No 35—The Finance Act 1948: So much of the Schedule as relates to the State Advances Corporation Act 1936.

  • 1950, No 93—The Finance Act 1950: Part 2.

  • 1952, No 78—The Harbours Amendment Act 1952: Section 11(3).

  • 1953, No 54—The Stamp Duties Amendment Act 1953: So much of the Schedule as relates to the Housing Act 1919.

  • 1953, No 74—The New Zealand Loans Act 1953: So much of the Schedule as relates to the Housing Act 1919 and the State Advances Corporation Act 1936.

  • 1953, No 115—The Finance Act (No 2) 1953: Part 2.

  • 1954, No 37—The Land Amendment Act 1954: Section 2(3).