Waikato Raupatu Claims Settlement Act 1995

Provisions relating to land

10 Transfer of land
  • (1) Notwithstanding any other enactment or rule of law, for the purposes of giving effect to the deed of settlement, the Crown (acting through the Commissioner of Crown Lands) is hereby authorised to do any 1 or more of the following:

    • (a) purchase or otherwise acquire any settlement property from a Crown body:

    • (b) lease any settlement property to any Crown body:

    • (c) subject to sections 40 to 42 of the Public Works Act 1981 and to any other equivalent enactments (but without limiting subsections (4) and (5)), transfer any settlement property to the land holding trustee:

    • (d) sign any memorandum of transfer or lease, or any other document, or do any other thing for the purposes of any such purchase, acquisition, lease, or transfer.

    (2) Nothing in subsection (1) limits—

    • (a) Part 4A of the Conservation Act 1987; or

    • (c) any other enactment or rule of law under which any easement, encumbrance, restriction, or other interest in or in respect of any land is created or exists.

    (3) Nothing in—

    • (a) Parts 2 and 2A of the Land Settlement Promotion and Land Acquisition Act 1952; or

    shall apply with respect to—

    • (c) any transfer of any settlement property from a Crown body to another Crown body or to the land holding trustee for the purpose of giving effect to the deed of settlement; or

    • (d) any leasing of any settlement property from a Crown body or the land holding trustee to a Crown body for the purpose of giving effect to the deed of settlement; or

    • (e) anything incidental to, or required for the purposes of, any such transfer or leasing.

    (4) Notwithstanding sections 40 to 42 of the Public Works Act 1981, the chief executive of the department within the meaning of section 2 of the Survey Act 1986 shall not be required by those sections to offer to sell to a Crown body any settlement property acquired from that Crown body under section 16 of this Act; but this subsection does not limit any obligation of that chief executive under those sections or any other enactment to offer to sell such a settlement property to any other person.

    (5) Notwithstanding section 24(4) of the State-Owned Enterprises Act 1986, nothing in sections 40 to 42 of the Public Works Act 1981 shall apply with respect to any settlement property that is both—

    • (a) a settlement property to which section 8A of the Treaty of Waitangi Act 1975 applies on the day before the day on which this section comes into force; and

    • (b) a settlement property that is to be transferred from a Crown body to another Crown body or to the land holding trustee, for the purposes of giving effect to the deed of settlement.

    (6) Nothing in the Land Act 1948 shall apply with respect to any settlement property that is to be transferred from a Crown body to another Crown body or to the land holding trustee, for the purposes of giving effect to the deed of settlement.

    (7) Nothing in the Land Act 1948 restricts the period for which a lease may be granted under subsection (1)(b).

    (8) In this section, the term Crown body includes a body that was a Crown body at the date on which the deed of settlement was signed.

    Section 10(4): amended, on 1 July 1996, by section 5 of the Survey Amendment Act 1996 (1996 No 55).