New Zealand Legislation: Acts
Acts are laws made by Parliament
(1) Where the Minister considers that any private land or any interest in or over private land or any interest in a Crown lease should be acquired by the Crown for the purposes of a reserve or for the improvement, protection, or extension of or access to an existing reserve, or to establish a public right to wander at will on foot within specified limits in any reserve, or to provide recreational tracks in the countryside,—
(a) the Minister may, in the name and on behalf of Her Majesty, treat and agree for the purchase or taking on lease of the land or any interest therein or the acceptance of the land or interest therein as a gift, and for any such purpose enter into any contract he thinks fit; or
(b) the land or interest therein (other than a public right to wander therein) may be taken or otherwise acquired under the Public Works Act 1981:
provided that no Maori land or interest in Maori land may be taken under this paragraph without the consent of the Minister of Maori Affairs:
provided also that, notwithstanding anything in subsection (2) of section 23 of the Public Works Act 1981, where any Maori land in multiple ownership is proposed to be taken under the Public Works Act 1981 for the purposes of a reserve and the title to the land is not registered under the Land Transfer Act 1952, a copy of the notice and description referred to in subsection (1) of the said section 23 shall be served on the Registrar of the Maori Land Court in accordance with Part 9 of the Maori Affairs Amendment Act 1974, and the provisions of that Part shall apply accordingly.
(2) All land or interests in land acquired by way of purchase or gift or taken as aforesaid shall vest in Her Majesty for the purposes of this Act as a reserve or as an addition to or for the purposes of an existing reserve, as the case may require, and all land acquired by the Minister by way of lease under this section shall during the term of the lease be subject to this Act.
(3) The Minister may purchase, take on lease, or acquire any such land or interest therein for cash, or by instalments with or without interest, or by gift, or by way of exchange of Crown land, subject in the last-mentioned case to the approval of the Commissioner of Crown Lands being first obtained.
(4) Subject to sections 78, 82, 83, 84, 89, 90, 95, 105, and 110, the purchase price of any land, or any interest in land, or any right of way or other easement, or equality of exchange, or rent for land leased, or the compensation money payable in respect of any land or interest in land acquired or taken as aforesaid shall be paid out of money appropriated by Parliament.
Section 12(1): amended, on 1 February 1982, by section 248(1) of the Public Works Act 1981 (1981 No 35).
Section 12(3): amended, on 1 February 1990, pursuant to section 9 of the Survey Amendment Act (No 3) 1989 (1989 No 139).
