(1) Where the court is satisfied that any land to which this Part applies, and that comprises 2 or more areas held under separate titles, can be more conveniently worked or dealt with as if it were held in common ownership under 1 title, the court may cancel the several titles under which the land is held and make an amalgamation order substituting for those titles 1 title for the whole of the land.
(2) An amalgamation order shall not be made in respect of any land that is for the time being subject to Part 2 of the Maori Affairs Restructuring Act 1989 without the consent of the chief executive.
(3) Where the whole of the land comprised in any separate title is subject to any lease, licence, mortgage, charge, or other encumbrance, the court shall not make an amalgamation order without the consent of the lessee, licensee, mortgagee, or other person entitled to the benefit of the encumbrance, unless it is satisfied that the rights and interests of that person would not be detrimentally affected by the making of the order.
(4) Where an order is made in respect of land subject to any lease, licence, mortgage, or other encumbrance, the court may make such order as it thinks proper for the apportionment or adjustment of the rights and obligations of any person under any such lease, licence, mortgage, or other encumbrance; and every order of apportionment or adjustment shall have effect according to its tenor in the same manner in all respects as if all necessary transfers, releases, covenants, and other dispositions or agreements had been duly made in that behalf by all persons concerned, and may be registered under the Land Transfer Act 1952 accordingly.
(5) Notwithstanding anything to the contrary in section 41, an amalgamation order may be made to take effect on a date specified by the court, which may be a date earlier or later than the date of the minute of the order entered in the records of the court.
(6) Subject to subsection (7), every amalgamation order shall, upon registration under the Land Transfer Act 1952, constitute the title to the land included in it, without any transfer or other instrument of assurance.
(7) Where the land is vested in trust for the owners in the Māori Trustee or any other person, the order shall affect only the equitable estate of the beneficial owners.
(8) An amalgamation order shall state upon its face the status of the land comprised in it as from the making of the order, in accordance with the following provisions:
(9) The provisions of section 299 relating to the registration of partition orders, so far as they are applicable and with any necessary modifications, shall apply to the registration of amalgamation orders made under this section.
Compare: 1953 No 94 s 435(1), (3), (6)–(10); 1967 No 124 s 141(1); 1974 No 73 s 52(3); 1975 No 135 s 16(1)
Section 307(1): amended, on 1 July 1994, by section 22 of Te Ture Whenua Maori Amendment Act 1994 (1994 No 69).
Section 307(7): amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).