Housing Assets Transfer Act 1993

Reprint
as at 1 July 2003

Crest

Housing Assets Transfer Act 1993

Public Act1993 No 50
Date of assent25 June 1993
Commencementsee section 1(2)

Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

This Act is administered by the Department of Building and Housing.


An Act to provide for the transfer of certain mortgages, land, and housing-related assets of the Crown to Housing New Zealand Corporation and to provide for related matters

  • Title: amended, on 1 July 2001, by section 24(1) of the Housing Corporation Amendment Act 2001 (2001 No 37).

1 Short Title and commencement
  • (1) This Act may be cited as the Housing Assets Transfer Act 1993.

    (2) This Act shall come into force on the date on which it receives the Royal assent.

2 Interpretation
  • In this Act, unless the context otherwise requires,—

    Corporation means Housing New Zealand Corporation

    housing assets means—

    • (b) land set apart under the Maori Housing Amendment Act 1938 for the purposes of the Maori Housing Act 1935 and land in respect of which any of the powers conferred by section 4(3) of the Maori Housing Amendment Act 1938 have been exercised, being land owned by the Crown and that is subject to an agreement for sale or lease by the Crown under that Act:

    • (d) land that is subject to an agreement for sale under section 16 of the Housing Act 1955 or a licence to occupy under section 17 of that Act:

    Ministers means the responsible Minister and the Minister of Finance

    responsible Minister means, subject to any enactment, the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act

    sitting day means a sitting day of the House of Representatives.

    Section 2 Corporation: amended, on 1 July 2001, by section 24(1) of the Housing Corporation Amendment Act 2001 (2001 No 37).

3 Act to bind the Crown
  • This Act shall bind the Crown.

4 Exercise of powers by Ministers
  • The Ministers shall, before exercising the powers conferred on them by this Act in relation to any housing assets referred to in paragraph (a) or paragraph (b) or paragraph (c) of the definition of that term in section 2, consult fully with the Minister of Maori Affairs.

5 Corporation may act as agent in management of certain housing assets
  • (1) The Corporation may act as agent for the Crown in the management of any housing assets referred to in paragraph (a) or paragraph (b) or paragraph (c) of section 2 on such terms and conditions and for such remuneration as may be agreed in writing from time to time between the Ministers and the Corporation and, for that purpose, may exercise the powers and functions conferred on the Crown or any other person by the Maori Housing Act 1935 and the Maori Housing Amendment Act 1938.

    (2) A copy of any instrument of appointment under this section may be lodged with a District Land Registrar or Chief Surveyor and shall, for the purposes of the Land Transfer Act 1952, be conclusive evidence of the authority of the Corporation to exercise those powers and functions.

    (3) Without limiting subsection (1), the Corporation may execute on behalf of the Crown a transfer to any purchaser of the estate or interest of the Crown in any land that has been sold to that purchaser pursuant to the Maori Housing Amendment Act 1938.

6 Transfer of housing assets to Corporation
  • (1) The Ministers may, at any time or times, prepare a list or lists specifying housing assets which, in the opinion of the Ministers, should be vested in the Corporation in accordance with this Act.

    (2) Every list prepared under subsection (1) shall—

    • (a) contain a description of each housing asset either individually or as a group or class; and

    • (b) be signed by the Ministers; and

    • (c) be laid before the House of Representatives by the responsible Minister within 12 sitting days of its being signed.

    (3) For the purposes of subsection (2)(a), a group or class of housing assets includes a group or class of such assets other than any particular asset or assets.

    (4) The Governor-General may, at any time or times, by Order in Council, vest in the Corporation on a date specified in the order the housing assets specified in the order, being assets set out in a list prepared under subsection (1) and which is referred to in the order.

    (5) Every Order in Council under this section shall specify the consideration payable or to be provided by the Corporation for the vesting of the housing assets.

    Compare: 1990 No 105 s 6

7 Additional provisions relating to vesting
  • (1) Nothing in this Act—

    • (a) shall be regarded as placing the Crown, the Corporation, or any other person in breach of contract or confidence or as otherwise making any of them guilty of a civil wrong; or

    • (b) shall be regarded as giving rise to a right for any person to terminate or cancel any contract or arrangement or to accelerate the performance of any obligation; or

    • (c) shall be regarded as placing the Crown, the Corporation, or any other person in breach of any enactment or rule of law or contractual provision prohibiting, restricting, or regulating the assignment or transfer of any property or the disclosure of any information; or

    • (d) shall release any surety from any obligation; or

    • (e) shall invalidate or discharge any contract or security.

    (2) District Land Registrars and other persons charged with the keeping of books or registers shall make such entries in their respective books or registers and do everything necessary to give effect to the vesting of any housing assets in the Corporation under this Act.

    (3) A certificate, signed by the Chief Surveyor for the land district in which the land is situated, that land described in the certificate, or described in any document on which the certificate appears, is land vested in the Corporation pursuant to this Act, shall be sufficient evidence, in the absence of proof to the contrary, that the land was so vested.

    (4) The vesting of housing assets pursuant to this Act shall take effect notwithstanding any enactment or rule of law or agreement and, in particular, but without limitation, the vesting shall take effect notwithstanding any provision contained in the Land Act 1948, the Local Government Act 2002, the Reserves Act 1977, the Public Works Act 1981, the Resource Management Act 1991, or any other enactment relating to land.

    (5) Where, by virtue of this Act, any land vests in the Corporation, the land shall vest in the Corporation for an estate in fee simple subject to and together with all agreements for sale, licences, leases, agreements to lease, and mortgages thereof, and to all trusts, reservations, encumbrances, and interests existing in respect of any part of that land immediately before the land vests in the Corporation.

    (6) Without limiting subsection (5), where by virtue of this Act any land vests in the Corporation and the land is at the time of vesting subject to any agreement for sale or licence, all the rights and obligations of the Crown under any such agreement or licence shall vest in the Corporation.

    (7) All housing assets that are subject to the Maori Housing Act 1935 or the Maori Housing Amendment Act 1938 or the Housing Act 1955 and that are vested in the Corporation pursuant to this Act shall cease to be subject to those Acts unless otherwise expressly provided by this Act or any other Act.

    Compare: 1990 No 109 s 7

    Section 7(4): amended, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

8 Title to housing assets vested in Corporation
  • (1) A District Land Registrar shall, on written application by any person authorised by either of the Ministers and on payment of any prescribed fee,—

    • (a) register the Corporation as the proprietor, in substitution for the Crown, of the estate or the interest of the Crown in land that is incorporated in the register or otherwise registered in the land registration district concerned and that is vested in the Corporation pursuant to 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 section.

    (2) A District Land Registrar shall, on written application by any person authorised by either of the Ministers and on payment of any prescribed fee, issue a certificate of title for land, other than land that is registered under the Land Transfer Act 1952, that is vested in the Corporation pursuant to this Act in form 1 of Schedule 1 of the Land Transfer Act 1952, amended as appropriate.

    (3) A District Land Registrar shall, on written application by a person authorised by either of the Ministers and on payment of any prescribed fee, issue a certificate of title for land that is subject to the Land Transfer Act 1952 but for which no certificate of title has been issued and that is vested in the Corporation pursuant to this Act in form 2 of Schedule 1 of the Land Transfer Act 1952, amended as appropriate.

    (4) Every application under subsection (1) or subsection (2) or subsection (3) shall—

    • (a) state that the land has been vested in the Corporation under this Act; and

    • (b) contain a description of the land that is sufficient to identify it; and

    • (c) in the case of any application under subsection (2), be accompanied by a certificate by the Chief Surveyor for the district concerned as to the correctness of the description.

    (5) A District Land Registrar shall, on written application by any person authorised by either of the Ministers and on payment of any prescribed fee,—

    • (a) register the Corporation as proprietor, in substitution for the Crown, of the estate or interest of the Crown as mortgagee under any mortgage of land that is registered in the land registration district concerned and that is vested in the Corporation pursuant to this Act; and

    • (b) make such entries in the register and on any outstanding documents of title as are necessary for that purpose.

    (6) Any other person charged with the keeping of any books or registers shall, on written application by any person authorised by either of the Ministers and on payment of any prescribed fee,—

    • (a) register the Corporation, in substitution for the Crown, as the mortgagee under any mortgage of land or as the holder of any other security, not being a mortgage or security registered under the Land Transfer Act 1952, that is vested in the Corporation pursuant to this Act; and

    • (b) make such entries in those books or registers as may be necessary for that purpose.

    (7) Every application under subsection (5) or subsection (6) shall—

    • (a) state that the mortgage or security has been vested in the Corporation under this Act; and

    • (b) contain a description of the mortgage or security that is sufficient to identify it.

    Compare: 1990 No 105 s 9

9 Land certification
  • (1) Before a District Land Registrar issues a certificate of title in respect of any land, other than land that is registered under the Land Transfer Act 1952, that is vested in the Corporation pursuant to this Act, 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 a form substantially similar to the form set out in Schedule 2 of the Land Act 1948 as to the legal description of the land, any trusts and reservations affecting it, and any other matters that the District Land Registrar considers appropriate.

    (2) A certificate in accordance with subsection (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 it.

    Compare: 1990 No 105 s 10

    Section 9(1): amended, on 1 July 1996, by section 5 of the Survey Amendment Act 1996 (1996 No 55).

10 Certification of easements
  • (1) Where land is vested in the Corporation pursuant to this Act 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 section 9(1) 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 subsection (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.

    Compare: 1986 No 124 s 26A; 1992 No 27 s 6

    Section 10(1): amended, on 1 July 1996, by section 5 of the Survey Amendment Act 1996 (1996 No 55).

11 Application of other Acts
  • The enactments specified in the Schedule shall, with all necessary modifications, continue to apply in relation to housing assets vested in the Corporation under this Act and all agreements for sale, licences, leases, or agreements to lease to which any such assets are subject whether or not those assets remain vested in the Corporation.

12 Provisions relating to securities and agreements
  • (1) Without limiting the foregoing provisions of this Act, every reference—

    • (b) in any agreement for the sale of land entered into or any lease of land granted by the Crown pursuant to the Maori Housing Amendment Act 1938, being land that is vested in the Corporation under this Act:

    • (c) where land leased to the Crown under the Maori Housing Amendment Act 1938 is subject to a sublease granted by the Crown that is itself vested in the Corporation, in the lease or sublease of the land—

    to the Crown, the Maori Land Board, the Board of Maori Affairs, the chief executive of the Iwi Transition Agency or the chief executive of the Ministry of Maori Development, as the case may be, shall be read and construed as a reference to the Corporation or to any person claiming by or through the Corporation.

    (2) Without limiting the foregoing provisions of this Act, every reference in any agreement for the sale of land entered into under section 16 of the Housing Act 1955 or in any licence to occupy land granted under section 17 of that Act, being land that is vested in the Corporation under this Act, to the Corporation shall be read and construed as a reference to the Corporation in its own right and not as an agent for the Crown or to any person claiming by or through the Corporation.

13 Status of certain other land
  • (1) The Governor-General may from time to time, by Order in Council, declare that land owned by the Crown and set apart under the Maori Housing Amendment Act 1938 for the purposes of the Maori Housing Act 1935, not being land that is subject to an agreement for sale by the Crown, shall, on a date specified in the order, cease to be set apart for the purposes of the Maori Housing Act 1935 and shall be disposed of under Part 3 of the Public Works Act 1981 as being land no longer required for a public work.

    (2) An Order in Council may be made under subsection (1) in relation to any class of land referred to in that subsection or in respect of any particular parcel of such land.

    (3) The Governor-General may from time to time, by Order in Council, declare that any land held by the Crown under a lease or licence and that is set apart under the Maori Housing Amendment Act 1938 for the purposes of the Maori Housing Act 1935, not being land subject to any sublease granted by the Crown under the Maori Housing Amendment Act 1938, shall, on a date specified in the order, cease to be set apart for the purposes of the Maori Housing Act 1935 and, in that event, the rights, powers, and obligations of the Crown under the lease or licence shall be exercised or performed by the person for the time being holding office as the chief executive of the Ministry of Maori Development as he or she thinks fit.

    (4) Nothing in this section applies in relation to land acquired by the Crown by way of gift pursuant to section 3(3) of the Maori Housing Amendment Act 1938.

14 Corporation and others not liable for unpaid rates
  • (1) This section applies to—

    • (a) any land that is subject to an agreement for sale entered into under the Maori Housing Amendment Act 1938 or an agreement for sale or licence entered into or granted under the Housing Act 1955 and that is or was at any time vested in the Corporation under this Act:

    • (b) any land that is subject to a mortgage granted under either of those Acts where that mortgage is or was at any time vested in the Corporation under this Act.

    (2) Despite section 62 of the Local Government (Rating) Act 2002, the Corporation as the owner or mortgagee of the land, or any subsequent owner or mortgagee of the land, is not liable for any unpaid rates and any penalties under section 57 of that Act in respect of rates due and payable as at the 30 June immediately before the vesting in the Corporation of the land or mortgage.

    Section 14(2): substituted, on 1 July 2003, by section 137(1) of the Local Government (Rating) Act 2002 (2002 No 6).


Schedule
Application of other Acts

s 11

Maori Housing Act 1935

Sections 5, 6, 11, 12, 12A, 13, and 14A

Maori Housing Amendment Act 1938

Section 3(4), subsections (2) and (3) of section 4, subsections (3) to (5) of section 8, sections 9, 10, 11, 12, 14, 15, 21, and 23

Housing Act 1955

Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)


Notes
1 General
  • This is a reprint of the Housing Assets Transfer Act 1993. The reprint incorporates all the amendments to the Act as at 1 July 2003, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .

2 Status of reprints
  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared
  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989
  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • omission of unnecessary referential words (such as of this section and of this Act)

    • typeface and type size (Times Roman, generally in 11.5 point)

    • layout of provisions, including:

      • indentation

      • position of section headings (eg, the number and heading now appear above the section)

    • format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • format of dates (eg, a date formerly expressed as the 1st day of January 1999 is now expressed as 1 January 1999)

    • position of the date of assent (it now appears on the front page of each Act)

    • punctuation (eg, colons are not used after definitions)

    • Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • case and appearance of letters and words, including:

      • format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • small capital letters in section and subsection references are now capital letters

    • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • running heads (the information that appears at the top of each page)

    • format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)
  • Local Government Act 2002 (2002 No 84): section 262

    Local Government (Rating) Act 2002 (2002 No 6): section 137(1)

    Housing Corporation Amendment Act 2001 (2001 No 37): section 24(1)

    Survey Amendment Act 1996 (1996 No 55): section 5