New Zealand Legislation: Acts

15 Exchange of reserves for other land

• (1) The Minister may, by notice in the Gazette, authorise the exchange of the land comprised in any reserve or any part or parts thereof for any other land to be held for the purposes of that reserve:

  Provided that this power shall not be exercised with respect to any reserve vested in an administering body except pursuant to a resolution of that body requesting the exchange.

  (2) No such resolution shall be passed before the expiration of one month after notice of intention to pass the resolution and calling for objections thereto in writing has been published in one or more newspapers circulating in the district of the administering body or, as the case may be, in the district or locality the inhabitants of which benefit from or enjoy the reserve, and until the administering body has considered all such objections received within that period. A copy of the resolution shall be forwarded to the Commissioner for transmission to the Minister, and shall be accompanied by all objections received as aforesaid and the comments of the local authority thereon:

  Provided that such a notice of intention shall not be necessary where, in order to enable the exchange to be made, a change has been made in an operative district scheme under the Resource Management Act 1991.

  (3) The Minister in the name and on behalf of Her Majesty or the administering body, as the case may require, may do all things necessary to effect any exchange authorised as aforesaid, including the payment of or receipt of any money by way of equality of exchange.

  (4) Subject to sections 78, 82, 83, 84, 89, 90, 95, 105, and 110 of this Act, any money payable by the Crown by way of equality of exchange shall be paid out of money appropriated by Parliament.

  (5) The land comprised in any reserve or part thereof given by way of exchange pursuant to this section shall upon the exchange being effected be no longer subject to any reservation theretofore affecting it.

  (6) The land acquired by the Crown or by the administering body, as the case may be, by way of that exchange shall be held as a reserve under this Act or as part of an existing reserve, as the case may be, subject to the same control and management and for the same objects and purposes as those for which the land given in exchange was held.

  (7) Where—

  • (a) For the purpose of giving effect to any exchange under this section a memorandum of transfer affecting the whole or part of the land comprised in any reserve is presented to the District Land Registrar for registration; and

  • (b) There is a certificate of title for the land or any part thereof under the Land Transfer Act 1952, but pursuant to section 116 of this Act no duplicate certificate of title has been issued or the duplicate certificate of title has been cancelled—

  the District Land Registrar shall, on registration of the memorandum of transfer, issue and deliver to the person entitled to the custody thereof a duplicate certificate of title in respect of the land or part thereof, as the case may be, and shall note the copy in the register accordingly.

  (8) Nothing in section 40 of the Public Works Act 1981 applies to the exchange of land under this section.

  Subsection (8) was inserted, as from 25 November 1994, by section 2 Reserves Amendment Act 1994 (1994 No 110).