New Zealand Legislation: Acts
Acts are laws made by Parliament
(1) Subject to subsections (2) and (3), the board and the covenantor may, by a memorandum of variation executed by them both,—
(a) make to any of the terms and conditions of an open space covenant executed under section 22 any variation that is not contrary to the purposes and objectives of the covenant; and
(b) correct any error of description in the covenant (whether with respect to the boundaries of an area of land or otherwise).
(2) Notwithstanding section 9(10), the board shall not enter into any memorandum of variation under this section unless all of the members of the board agree to the proposed variation.
(3) Any consent required by section 22 to the execution of an open space covenant shall also be required in the case of any variation of that covenant under this section.
(4) On application by the board, the District Land Registrar for the land registration district concerned shall enter in the appropriate folium of the register relating to the land that is subject to the burden of the covenant a notification of a memorandum of variation executed under this section.
(5) Where the variation of a covenant alters the area of the land to which the covenant relates and that land comprises part of the land in a certificate or instrument of title, the District Land Registrar may require the deposit of a plan in accordance with section 167 of the Land Transfer Act 1952; or, in lieu of such a plan the District Land Registrar may accept a document incorporating the variation, so long as the document is accompanied by a certificate given by the Surveyor-General, or the Chief Surveyor of the land district in which the land is situated, to the effect that the variation is adequately described and properly defined—
(a) for the nature of the covenant; and
(b) in relation to existing surveys made in accordance with regulations for the time being in force for the purpose; and
(c) in accordance with standards agreed from time to time by the board and either the Surveyor-General or the Chief Surveyor, as the case may be.
Section 22A: inserted, on 12 June 1991, by section 14 of the Queen Elizabeth the Second National Trust Amendment Act 1991 (1991 No 37).
Section 22A(5): substituted, on 13 March 1996, by section 3 of the Queen Elizabeth the Second National Trust Amendment Act 1996 (1996 No 5).
