New Zealand Legislation: Acts
Acts are laws made by Parliament
(1) The Minister or a local authority may enter into an agreement to purchase any land for any public work for which the Crown or local authority, as the case may be, is responsible.
(2) Any agreement to sell land to the Crown or a local authority for public work under this section may be implemented by a declaration under section 20 or by a memorandum of transfer under the Land Transfer Act 1952 for the stated public work.
(3) [Repealed]
(4) If the land sought is—
(a) Maori freehold land as defined in section 2 of Te Ture Whenua Maori Act 1993; and
(b) beneficially owned by more than 4 persons; and
(c) not vested in any trustee or trustees—
the Minister, or any person authorised generally or particularly in writing by him, or the local authority, as the case may be, may apply to the Maori Land Court for the district in which the land is situated for an order under the provisions of Part 9 of the Maori Affairs Amendment Act 1974. The Maori Land Court shall deal with the application as if a notice under an enactment had been issued to the owners.
(5) If an agent is appointed by the Maori Land Court, he shall, subject to the terms of the appointment, be deemed to be the owner of the land for the purposes of entering into an agreement under this section and of executing any transfer or conveyance.
(6) Where Public Trust is authorised by virtue of an order under section 81 to represent the owner, Public Trust may agree to so represent the owner for the purposes of this section and may execute any transfer or conveyance.
(7) Any agreement to sell the land to the Crown or to a local authority under this section may—
(a) specify the method of acquiring title to the land; and
(b) [Repealed]
Compare: 1928 No 21 s 32(1), (2)
Section 17(1): substituted, on 1 April 1988, by section 7 of the Public Works Amendment Act 1988 (1988 No 43).
Section 17(3): repealed, on 31 March 1987, by section 2(7) of the Public Works Amendment Act (No 2) 1987 (1987 No 67).
Section 17(4)(a): amended, on 1 July 1993, pursuant to section 362(2) of Te Ture Whenua Maori Act 1993 (1993 No 4).
Section 17(6): amended, on 1 March 2002, by section 170(1) of the Public Trust Act 2001 (2001 No 100).
Section 17(7)(b): repealed, on 31 March 1987, by section 2(7) of the Public Works Amendment Act (No 2) 1987 (1987 No 67).
