New Zealand Legislation: Acts

57 Plan and Proclamation or declaration to be registered

• (1) Except as provided in section 58, the Minister shall cause a copy of every Proclamation or declaration taking or acquiring or setting apart land and of any plan referred to in it not already held by the District Land Registrar, to be registered without fee in the office of the District Land Registrar.

  (2) If the land is not subject to the Land Transfer Act 1952—

  • (a) the District Land Registrar shall cause an entry of the Proclamation or declaration and plan to be made under the proper heading or title in the index book of the Deeds Register Office; and

  • (b) upon such registration the land shall thereupon become subject to the Land Transfer Act 1952.

  (3) An error in any Proclamation or declaration shall not of itself prevent its registration in respect of the titles to land validly affected.

  (4) If the land is subject to the Land Transfer Act 1952—

  • (a) the District Land Registrar shall register the Proclamation or declaration and plan against the land:

  • (b) any person in possession of the Crown grant, certificate of title, or other instrument evidencing the title to the land shall, upon receiving notice from the District Land Registrar or the Minister or local authority in that behalf, deliver up to him such grant, certificate of title, or other instrument to be wholly or partially cancelled, as the case may require; and every person who refuses or neglects so to deliver up any such instrument commits an offence against this Act:

  • (c) the District Land Registrar shall issue free of charge to the registered proprietor of the land not taken a certificate of title for such land, unless—

    • (i) in the circumstances the District Land Registrar considers such issue to be unwarranted; or

    • (ii) a Crown grant has not been issued for it.

  (5) No person having in his possession any such Crown grant, certificate of title, or other instrument shall be entitled to receive any compensation under this Act until such instrument is delivered up to the District Land Registrar.

  Compare: 1928 No 21 s 28