New Zealand Legislation: Acts
Acts are laws made by Parliament
Schedule 1 |
Assets that have been fixed to, or placed under or over, any land may be transferred to a transferee under this Act notwithstanding that no interest in the land is also transferred to the transferee under this Act, and in any such case—
(a) the assets and the land shall be regarded as separate assets each capable of separate ownership; and
(b) the assets shall, for the purposes of this Act and of every other enactment or rule of law, be treated as personal property, and not as land or an interest in land, notwithstanding that they are so affixed to, or under or over, land.
(1) Where—
(a) rights or obligations to provide goods or services to third parties are transferred to a transferee under this Act; and
(b) those goods or services have previously been provided by a transferor on terms and conditions wholly or partly prescribed by any Act; and
(c) the Governor-General has by Order in Council declared that this subclause shall apply in respect of those goods or services,—
the goods or services shall, to the extent that those terms and conditions are not already contained in contracts between the transferor and third parties, from the date of transfer be deemed to be provided pursuant to contracts between the transferee and the third parties (whether or not the Act is repealed).
(2) Each such contract shall be deemed to include such of the terms and conditions contained in that Act (with all necessary modifications) as are specified in the Order in Council.
(3) Where any land that is subject to any lease, licence, permit, or right, created on terms and conditions wholly or partly set out in any Act has been or is to be transferred to a transferee under this Act, the Governor-General may, by Order in Council, declare that such of the provisions of that Act as are specified in the order shall continue to apply in relation to the land and such licence, lease, permit, or right.
(4) Where an Order in Council is made under subclause (3), the provisions of the Act referred to in the order shall, with all necessary modifications, continue to apply in relation to the land and the terms or conditions of the lease, licence, permit, or right subject to any agreement to—
(a) amend or revoke any such term or condition; or
(b) revoke any such term or condition, and substitute another term or condition for it—
made between the owner for the time being of the land and the holder for the time being of the lease, licence, permit, or right.
(1) In this clause, public work land means any land or interest in land owned by a transferee that—
(a) on 10 May 1993 was subject to sections 40 to 42 of the Public Works Act 1981; and
(b) has on 1 or more occasions been transferred by or under this Act.
(2) Sections 40 to 42 of the Public Works Act 1981 do not apply to any public work land so long as the land—
(a) is held by a transferee (regardless of whether or not those purposes are the purposes for which the land was acquired under the Public Works Act 1981 or under any corresponding former Act)—
(i) for the purposes of the transferee; or
(ii) to enable the transferee to prepare for the disposal of the land; or
(iii) to enable the transferee to determine whether to transfer or hold the land for any purpose referred to in this subclause; or
(b) is transferred under this Act to enable another transferee to hold the land for any of the purposes specified in paragraph (a); or
(c) is held under a lease or licence granted by a transferee to any person other than a transferee for health-related purposes or, with the consent of the Minister, for any other purpose.
(3) If any public work land is not held or transferred in accordance with subclause (2), sections 40 and 41 of the Public Works Act 1981 apply as if the land were owned by the Crown. However, the proceeds of any sale of the land must nevertheless be applied for the purposes of the transferee that, immediately before the sale, owned the land.
(4) When subclause (3) applies to any public work land, the transferee that owns the land may, subject to subclause (5), sell or otherwise dispose of the land to any person on any terms or conditions it thinks fit if,—
(a) within 40 working days following an offer made, under section 40(2) of the Public Works Act 1981 (or such further period as the transferee allows), the parties have neither agreed on a price for the land nor agreed that the price be determined by the Land Valuation Tribunal; or
(b) an offer under section 40 of that Act in respect of the land is not required.
(5) A transferee and a person who is entitled, or may become entitled, to receive an offer under section 40(2) of the Public Works Act 1981 in respect of any public work land may agree that the sale of the land is to be subject to any terms and conditions, including, for example, a term or condition entitling the transferee to lease the land.
(6) An agreement under subclause (5), in relation to any public work land with a person who is entitled, or may become entitled, to receive an offer under section 40(2) of the Public Works Act 1981 in respect of that land, extinguishes the person's entitlement or prospective entitlement under that section in respect of the land.
Schedule 1 clause 3: substituted, on 1 January 2001, by section 12 of the Health Sector (Transfers) Amendment Act 2000 (2000 No 92).
(1) Where land or an interest in land is transferred to a transferee under this Act or by another transferee, the transferee shall, for the purpose of protecting the rights of persons to have that land or interest offered to them under section 40(2) of the Public Works Act 1981, lodge an appropriate caveat under the Land Transfer Act 1952, and this clause shall be sufficient authority for the lodging of such a caveat.
(2) For the purposes of this clause, the rights of persons to have land or an interest in land offered to them under section 40(2) of the Public Works Act 1981 shall be deemed to be interests in land for the purposes of section 137 of the Land Transfer Act 1952.
(3) In stating, in a caveat lodged under subclause (1), the interest claimed by the caveator, it shall be sufficient, for the purposes of section 138 of the Land Transfer Act 1952, to refer to sections 40 to 42 of the Public Works Act 1981 and to this clause.
Nothing in section 11 or Part 10 of the Resource Management Act 1991 or section 348 of the Local Government Act 1974 applies to the transfer of land or an interest in land to a transferee under this Act or by another transferee.
Nothing in Part 4A of the Conservation Act 1987 shall apply to the disposition of any land by the transferring Ministers on behalf of a transferor other than the Crown.
The provisions of Part 2 of the Land Settlement Promotion and Land Acquisition Act 1952 shall not apply to any transfer of land or an interest in land to a transferee by another transferee.
Where any land is transferred to a transferee under this Act, the use of that land which is established at the date of the transfer shall be deemed to be a permitted activity under the Resource Management Act 1991 until the next completion of the review of the district plan or appropriate part of the district plan, and thereafter the status of that use shall be as provided from time to time in or under the district plan.
(1) The District Land Registrar shall, on written application by any person authorised by the Minister and on payment of the prescribed fee,—
(a) register a transferee as the proprietor, in substitution for the transferor, of the estate or the interest of the transferor, in any land which is incorporated in the register or otherwise registered in the land registry office of the land registration district concerned and which is transferred to the transferee under this Act; and
(b) make such entries in the register and on any outstanding documents of title and generally do all such things as may be necessary to give effect to this clause.
(2) The powers conferred by subclause (1) may be exercised in respect of an estate or interest that is incorporated in the register by virtue of a lease or licence that has expired or has been determined.
(3) A District Land Registrar shall, on written application by any person authorised by the Minister and on payment of the prescribed fee, issue a certificate of title for land vested in a transferee in accordance with clause 10(1) of this schedule in form 1 of Schedule 1 of the Land Transfer Act 1952, amended as appropriate.
(4) As soon as registration is accomplished in accordance with subclause (1) or a certificate of title is issued in accordance with subclause (3), the transferee shall, except where the interest acquired is either an easement in gross or an estate as lessee or mortgagee, be deemed to be seized of an estate in fee simple in possession in respect of that land.
(5) Applications in accordance with subclauses (1) and (3) shall specify the name of the transferee and the date of the agreement, together with a description of the land sufficient to identify it and, in the case of applications under subclause (3), a certificate by the Chief Surveyor for the district concerned as to the correctness of such description.
(1) Notwithstanding any other provision of this Act, Crown land within the meaning of the Land Act 1948 and any lands of the Crown other than lands registered under the Land Transfer Act 1952 that are to be vested in a transferee pursuant to this Act shall—
(a) be identified by an adequate legal description, or on plans lodged in the office of the Chief Surveyor for the land district in which the land is situated (being plans certified as correct for the purposes of this clause by that Chief Surveyor); and
(b) as so identified, vest in the transferee—
(i) in accordance with a proposal approved by, and on a date specified in, an Order in Council made under section 5 of this Act; or
(ii) pursuant to, and on a date specified in, an Order in Council made for the purposes of this clause; or
(iii) pursuant to, and on a date specified in, a notice in the Gazette given for the purposes of this clause by the Minister or by a person authorised in writing by the Minister.
(2) Every notice given under subclause (1)(b)(iii) may be given on such terms and conditions as the Minister or a person authorised in writing by the Minister, as the case may be, thinks fit, and shall have effect according to its tenor.
(3) Nothing in this Act or in any transfer of land to a transferee under this Act shall derogate from the provisions of section 10 or section 11 of the Crown Minerals Act 1991.
(1) Before a District Land Registrar issues a certificate of title in respect of any land vested in a transferee under clause 10 of this schedule, the District Land Registrar shall either receive under the hand of or request from the Director-General within the meaning of section 2 of the Survey Act 1986 or any Chief Surveyor a certificate in the form set out in Schedule 2 of the Land Act 1948 as to the legal description of the land, any trusts, reservations, or restrictions affecting the land, and any other matters that the District Land Registrar considers appropriate.
(2) A certificate in accordance with subclause (1) shall be filed by the District Land Registrar in the Land Registry Office and shall be conclusive evidence to the District Land Registrar of the matters required to be stated in that certificate.
Schedule 1 clause 11(1): amended, on 1 July 1996, by section 5 of the Survey Amendment Act 1996 (1996 No 55).
(1) Where land is vested in a transferee under clause 10 of this schedule subject to the reservation of or together with any easement, not being an easement previously registered under the Land Transfer Act 1952, the Director-General within the meaning of section 2 of the Survey Act 1986 or any Chief Surveyor shall include in the certificate given under clause 11(1) of this schedule a sufficient description of the easement and particulars as to the rights and powers, terms, covenants, conditions, or restrictions attaching thereto.
(2) The District Land Registrar shall enter a memorial of the easement upon the relevant certificate of title by reference to the certificate in which it is described as if that certificate were the instrument creating the easement.
(3) Where a memorial of an easement is entered upon the relevant certificate of title under subclause (2), the easement shall be treated for all purposes including all subsequent dealings as if it had been created under the Land Transfer Act 1952.
Schedule 1 clause 12(1): amended, on 1 July 1996, by section 5 of the Survey Amendment Act 1996 (1996 No 55).
(1) For the purpose of facilitating the transfer of assets and liabilities to a transferee under this Act, the Governor-General may from time to time, by Order in Council (whether made under this clause or section 5 or otherwise), do any 1 or more of the following:
(a) declare that a reference to a Minister of the Crown, a transferor, or an officer or employee, department, or instrument of a transferor in any or all regulations, orders, notices, or documents shall be deemed to be or to include a reference to a transferee specified in the order or in a proposal approved by that or another order:
(b) declare that a transferee shall assume or continue to have the rights and obligations of a Minister of the Crown, a transferor, or an officer, employee, department, or instrument of a transferor in respect of applications for rights, objections, or proceedings before any court, authority, or other person:
(c) declare, in respect of any assets or liabilities transferred to a transferee under this Act, that the transferee shall be deemed to have specified rights or obligations in respect of those assets or liabilities, being rights or obligations that are required in respect of those assets or liabilities as a result of the change of ownership or responsibility from the transferor to the transferee:
(d) declare that any Order in Council made for the purposes of this clause shall be deemed to be notice to all persons, and that specific notice need not be given to any authority or other person:
(e) direct any authority or other person to register or record any such declaration.
(2) Every Order in Council made for the purposes of this clause may be made on such terms and conditios as the Governor-General thinks fit, and shall have effect according to its tenor.
Nothing in subsections (1)(b), (2), and (3) of section 60 of the Companies Act 1955 shall apply in respect of shares issued by a transferee consequent upon the transfer of assets, or assets and liabilities, to the transferee under this Act.
(1) Any agreement entered into under section 4 of this Act, or proposal approved under section 5 of this Act, may provide that any transferor or transferee is to transfer assets, or incur a liability, without receiving in return any, or an equivalent, asset.
(2) Without limiting any other provision of this Act, the performance of any transfer, or discharge of any liability, of a kind referred to in subclause (1) shall not place the transferor or transferee, or any of its officers, employees, or agents, in breach of any Act, rule of law or agreement that would otherwise apply.
(1) Any agreement entered into under section 4 of this Act, or proposal approved under section 5 of this Act, may—
(a) authorise either or both of the transferring Ministers to take any action, or make any decision, specified in the agreement or proposal; and
(b) authorise each transferring Minister to appoint any person to act as the transferring Minister's agent for all or any matters described in the agreement or proposal where either or both of the transferring Ministers are authorised to take any action or make any decision.
(2) The actions or decisions of any person appointed in accordance with subclause (1)(b) shall be as binding as if they had been taken or made by the transferring Minister who appointed the person.
