25 Effect of revocation of reserve or change of classification or purpose

(1)

Upon the revocation of the reservation of any public reserve or of any part thereof pursuant to section 24, the land comprised therein shall, if vested in the Crown or in any local authority or trustees deriving title from the Crown, become Crown land available for disposal under the Land Act 1948, and in any other case may be disposed of in such manner and for such purpose as may be specified by the Minister.

(2)

Upon any change of classification or purpose or revocation of reservation in respect of any reserve, the land specified in the Gazette notice under section 24(1) shall be held subject to such restrictions, encumbrances, liens, and interests as are specified in the notice.

(3)

Notwithstanding anything in subsection (1) or subsection (2), where any land the reservation of which is revoked had been transferred to the Crown by way of gift for the purposes of a reserve, the following provisions shall apply:

(a)

in the case of land that immediately before its transfer to the Crown was Maori land, the Minister, unless he or she considers it would not be in the public interest, shall offer the land, on such terms and conditions as he or she thinks fit, to the former owner or, if he or she is deceased, to his or her descendants, those descendants being as determined by order of the Maori Land Court:

(b)

in the case of any other land, the Minister, unless he or she considers it would not be in the public interest, shall offer the land, on such terms and conditions as he or she thinks fit, to the former owner or, if he or she is deceased, to his or her personal representative.

(4)

For the purposes of subsection (1), where any reserve in any county was vested in the Sovereign under section 13 of the Land Subdivision in Counties Act 1946 or section 16 of the Land Act 1924 or section 17 of the Land Laws Amendment Act 1920 or was purchased out of money in the Land for Settlements Account or the Land Settlement Account under section 14(2)(a) of the Land Subdivision in Counties Act 1946 and was later vested in the Corporation of the county as a reserve, the title of the Corporation to that reserve shall be deemed to have been derived by the Corporation otherwise than from the Crown.

(5)

For the purposes of subsection (1), where any land has been vested in the Corporation of a local authority as a reserve for the purposes of this Act or any former Act on the subdivision under any enactment, for residential, commercial, or industrial purposes, of any land of the Crown, the title of the local authority to that reserve shall be deemed to have been derived by the Corporation otherwise than from the Crown.

Compare: 1953 No 69 s 18(5)–(8); 1965 No 108 s 2(2); 1967 No 116 s 2; 1971 No 144 s 3; 1972 No 132 s 8(1)