Local Government Act 1974

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345 Disposal of land not required for road

(1)

Subject to subsection (3), where in forming a new road, or in diverting or stopping or diminishing the width of any existing road, any part thereof is no longer required as a road, the council may—

(a)

either—

(i)

sell that part to the owner or owners of any adjoining land for a price to be fixed by a competent valuer appointed by the council to value that part; or

(ii)

grant a lease of that part to the owner or owners of any adjoining land for a term and at a rental and subject to such conditions as the council thinks fit;—

and, if no such owner or owners is or are willing to purchase the land at the price fixed or, as the case may be, take a lease of that part for the term and at the rental and subject to the conditions fixed, the council may sell or lease the land by public auction or private tender; and a conveyance, transfer, or lease under the seal of the council shall constitute a valid title to the land; or

(b)

apply that part, or any part thereof, to any purpose to which the council may apply land, either under this Act or any other enactment; or

(c)

grant a lease of that part, or any part thereof, for such term and on such conditions as it thinks fit for use for any purpose to which the council may apply land, either under this Act or any other enactment; or

(d)

transfer that part, or any part thereof, to the Crown for a public reserve or for addition to a public reserve or for any purpose of public convenience or utility or as Crown land subject to the Land Act 1948.

(1A)

To avoid doubt, this section does not apply to the common marine and coastal area within the meaning of the Marine and Coastal Area (Takutai Moana) Act 2011.

(2)

Where the council pursuant to subsection (1)(a)(i) sells the land to the owner or owners of any adjoining land, it may require, notwithstanding the provisions of any other enactment, the amalgamation of that land with the adjoining land under 1 certificate of title. The District Land Registrar may, if he thinks fit, dispense with any survey that would otherwise be required for the purposes of the issue of a certificate of title under this section, and may issue a certificate of title limited as to parcels.

(2A)

Where the council acting under subsection (2) requires the amalgamation of the land sold with the adjoining land under 1 certificate of title—

(a)

the separate parcels of land included in the 1 certificate of title by virtue of that requirement shall not be capable of being disposed of individually or of again being held under separate certificates of title, except with the consent of the council:

(b)

where that adjoining land is already subject to a registered instrument under which a power to sell, a right of renewal, or a right or obligation is lawfully conferred or imposed, the land sold shall be deemed to be and always have been part of the land that is subject to that instrument, and all rights and obligations in respect of, and encumbrances on that adjoining land shall be deemed also to be rights and obligations in respect of, or encumbrances on, that land sold.

(2B)

On the issue of a certificate of title to the land referred to in subsection (2A), the District Land Registrar shall enter on the certificate of title a memorandum that the land to which it relates is subject to paragraph (a) of that subsection, and, if the circumstances so require, that it is subject to paragraph (b) of that subsection.

(3)

Where any road or any part of a road along the mark of mean high water springs of the sea, or along the bank of any river with an average width of 3 metres or more, or the margin of any lake with an area of 8 hectares or more is stopped, there shall become vested in the council as an esplanade reserve (as defined in section 2(1) of the Resource Management Act 1991) for the purposes specified in section 229 of the Resource Management Act 1991—

(a)

a strip of land forming part of the land that ceases to be road not less than 20 metres wide along the mark of mean high water springs of the sea, or along the bank of any river or the margin of any lake (as the case may be); or

(b)

the full width of the land which ceases to be road—

whichever is the lesser.

(4)

The obligation under subsection (3) to set aside a strip of land not less than 20 metres in width as an esplanade reserve is subject to any rule included in a district plan under section 77 of the Resource Management Act 1991.

(5)

On the issue of any certificate of title for land which has become vested in the council as an esplanade reserve under subsection (3), the District Land Registrar shall enter thereon a memorandum that the land is subject to that subsection.

(6)

[Repealed]

Compare: 1954 No 76 s 190; 1956 No 64 s 191F; 1972 No 132 s 2; 1977 No 134 s 2

Section 345: inserted, on 1 April 1979, by section 2 of the Local Government Amendment Act 1978 (1978 No 43).

Section 345(1)(a): amended, on 7 July 2004, by section 11 of the Local Government Act 1974 Amendment Act 2004 (2004 No 64).

Section 345(1A): replaced, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

Section 345(2A): inserted, on 14 January 1983, by section 22 of the Local Government Amendment Act (No 2) 1982 (1982 No 166).

Section 345(2B): inserted, on 14 January 1983, by section 22 of the Local Government Amendment Act (No 2) 1982 (1982 No 166).

Section 345(3): replaced, on 7 July 1993, by section 362 of the Resource Management Act 1991 (1991 No 69).

Section 345(4): replaced, on 7 July 1993, by section 362 of the Resource Management Act 1991 (1991 No 69).

Section 345(5): replaced, on 7 July 1993, by section 362 of the Resource Management Act 1991 (1991 No 69).

Section 345(6): repealed, on 7 July 1993, by section 362 of the Resource Management Act 1991 (1991 No 69).