The Minister of Works may from time to time, by notice in the Gazette, declare any land set apart for the purposes of Part I of the Housing Act 1919 to be Crown land subject to this Act as from a date to be specified in the notice, which date may be the date of the notice or any date before or after the date of the notice, and as from the date so specified the land shall be deemed to be Crown land subject to this Act.”

Where—

1952, No. 52

comprises the whole of the land for which any instrument of title has been issued under the Land Transfer Act 1952, the instrument of title shall be cancelled.

Where before the commencement of this Act any private land or Maori land has been purchased or acquired by the Crown for the purposes of any former Land Act and is subject to the Land Transfer Act 1952 or to the Deeds Registration Act 1908,—

Where any such land comprises part of the land for which any instrument of title has been issued, the instrument of title shall be cancelled so far as it relates to that part of the land. The District Land Registrar shall retain the partially cancelled instrument, and when required by the person entitled thereto shall issue to that person, without payment of any fee, a certificate of title for the balance of the land included in the partially cancelled instrument.

Notwithstanding anything in the foregoing provisions of this section, where the land is subject to a lease current at the date of the purchase or acquisition or declaration as Crown land or setting apart as a reserve, as the case may be, or at the commencement of this section, whichever is the later, the certificate of title shall enure in the name of Her Majesty the Queen until the expiry or sooner determination of the lease, and shall then be cancelled or partially cancelled, as the case may be.

No such cancellation shall in any way affect the rights of any person entitled to any registered easement not acquired by the Crown.”

Where any easement granting or reserving a right to construct any pipe line over or through any land has been granted or reserved under section sixty of this Act and the Board is of the opinion that it is not practicable to show the true course of the pipe line, the position thereof shall be indicated as nearly as possible in the instrument granting or reserving the easement, and, until the contrary is proved, shall be deemed to be the true course.

Where it is subsequently ascertained that any pipe line the subject of the easement which was on the land at the time of the grant or reservation was not at that time on the line or lines so indicated, the grant or reservation shall apply with respect to the correct line upon which it is so ascertained that the pipe line was constructed, as if the correct line had been indicated in the instrument granting or reserving the easement, and all persons affected by the grant or reservation shall have the same rights, powers, and remedies and be subject to the same obligations as if the pipe line had been correctly indicated in the instrument granting or reserving the easement.

No action shall lie against the Crown under Part XI of the Land Transfer Act 1952 by reason of the fact that any pipe line in existence on the land at the time of the grant or reservation, if registered under that Act, was not on the line or lines indicated in the instrument making the grant or reservation.

In this section the term ‘pipe line’ means any pipes or system of pipes for the supply of water or for the disposal of storm water or sewage; and includes any septic tank, any drain, any well, and any water bore.”