Waikato Raupatu Claims Settlement Act 1995

19 Provision for registration of land in name of Pootatau Te Wherowhero

• (1) Notwithstanding the Land Transfer Act 1952 or any other enactment or rule of law, the land holding trustee may direct in writing that any land, or interest in land, that is registrable or registered under that Act in the name of the land holding trustee—

  • (a) be registered in the name of Pootatau Te Wherowhero, rather than in the name of the land holding trustee; or

  • (b) be no longer registered in the name of Pootatau Te Wherowhero, and instead be registered in the name of the land holding trustee.

  (2) If the District Land Registrar receives—

  • (a) a direction in writing from the land holding trustee under subsection (1)(a); or

  • (b) a direction in writing from the land holding trustee under subsection (1)(b), together with—

    • (i) a certificate in writing from the land holding trustee as to the persons who are at that time “custodians of Te Wherowhero title” within the meaning of the trust deed for the land holding trust; and

    • (ii) a written consent to that direction executed by each such person,—

  the District Land Registrar shall give effect to that direction.

  (3) Where any land or interest in land is registered under the Land Transfer Act 1952 in the name of Pootatau Te Wherowhero,—

  • (a) the land holding trustee shall have all the rights, duties, and powers of the registered proprietor of that land or interest (except that the land or interest shall continue to be registered in that name unless a direction is given under subsection (1)(b)), and shall exercise and perform every such right, duty, and power in its own name and not in the name of Pootatau Te Wherowhero; and

  • (b) the District Land Registrar shall have regard to paragraph (a).

  (4) The presentation to the District Land Registrar of a direction in writing—

  • (a) executed or purporting to be executed by the land holding trustee; and

  • (b) relating to any land registrable or registered in the name of the land holding trustee or in the name of Pootatau Te Wherowhero; and

  • (c) in the case of a direction given under subsection (1)(b), containing a consent executed or purporting to be executed by each of the persons who are required by subsection (2)(b) to execute the consent; and

  • (d) containing a recital that the direction is given under paragraph (a) or paragraph (b) (as the case may be) of subsection (1)—

  shall, in the absence of evidence to the contrary, be sufficient evidence that the direction has been given under that paragraph and that any consents required by subsection (2)(b) have been given.