Resource Management Act 1991

If you need more information about this Act, please contact the administering agency: Ministry for the Environment
239 Vesting of reserves or other land

(1)

When the Registrar-General of Land deposits a survey plan, or a Chief Surveyor approves a survey plan to which section 228 applies,—

(a)

any land shown on the survey plan as reserve to be vested in the territorial authority or the Crown, vests in the territorial authority or the Crown, as the case may be, free from all interests in land, including any encumbrances (without the necessity of any instrument of release or discharge or otherwise) for the purposes shown on the survey plan, and subject to the Reserves Act 1977; and

(b)

any land shown on the survey plan as land to be vested in the territorial authority or in the Crown in lieu of reserves, shall vest in the territorial authority or in the Crown, as the case may be, free from all interests in land, including any encumbrances (without the necessity of an instrument of release or discharge or otherwise); and

(c)

any land or any part of the bed of a river (not being part of the coastal marine area) or lake, shown on the survey plan as land to be vested in the territorial authority or the Crown, shall vest in the territorial authority or the Crown, as the case may be, free from all interests in land, including any encumbrances (without the necessity of an instrument of release or discharge or otherwise); and

(d)

to avoid doubt, any land shown on the survey plan as land in the coastal marine area becomes part of the marine and coastal area.

(2)

Notwithstanding subsection (1), the land may be vested subject to any specified interest which the territorial authority has certified, on the survey plan, shall remain with the land.

(3)

Any land vested in the Crown vests under the Land Act 1948 unless this Act provides otherwise.

Section 239(1): amended, on 1 October 2009, by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 239(1)(a): amended, on 7 July 1993, by section 126(1)(a) of the Resource Management Amendment Act 1993 (1993 No 65).

Section 239(1)(b): amended, on 7 July 1993, by section 126(1)(b) of the Resource Management Amendment Act 1993 (1993 No 65).

Section 239(1)(b): amended, on 7 July 1993, by section 126(1)(c) of the Resource Management Amendment Act 1993 (1993 No 65).

Section 239(1)(c): replaced, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

Section 239(1)(d): inserted, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

Section 239(2): inserted, on 7 July 1993, by section 126(3) of the Resource Management Amendment Act 1993 (1993 No 65).

Section 239(3): replaced, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).