1 Title
2 Commencement
Part 1
Preliminary provisions
3 Purpose
4 Interpretation
5 Meaning of certain references
6 Attorney or agent may act
7 Act binds the Crown
8 Application
Part 2
General rules relating to dispositions, instruments, transactions, and property
Subpart 1—Deeds, powers of appointment, disclaimers, and powers of attorney
9 Deed must be in writing, executed, and delivered
10 When deed comes into force
11 Alterations after deed executed
12 Attorney executing deed
13 Contracts and other obligations entered into by bodies corporate
14 Construction of supplementary or annexed deed
15 Receipt for consideration in body of deed
16 Powers of appointment
17 Disclaimer of land
18 Specific performance of voluntary promises made by deed
19 Powers of attorney
20 Power of attorney continues in force until notice of revocation received
21 Irrevocable powers of attorney
22 Person between 18 and 20 years may do certain things
23 Construction of instruments
Subpart 2—Writing required in certain cases
24 Contracts for disposition of land not enforceable unless in writing
25 Writing required for certain dispositions of interests in land
26 Doctrine of part performance not affected
27 Contracts of guarantee must be in writing
Subpart 3—Sales and other similar transactions
Sale and purchase of land
28 Restriction on vendor’s right to cancel agreement, etc, if purchaser in possession
29 Requirements for vendor’s notice to purchaser
30 Defects that do not invalidate vendor’s notice or prevent purchaser offering reasonable compensation
31 Section 28 does not prevent or limit claims for damages
32 Instruments have no effect so far as they conflict with section 28, 29, 30, or 31
33 Relief against cancellation of agreement for sale of land
34 Section 33 replaces all other jurisdiction to grant relief
35 Application for relief not to constitute admission
36 Instruments have no effect so far as they conflict with section 33 or 34
37 Purchaser may apply for order requiring refund of deposit, etc, in respect of certain agreements
38 Court awarding damages against purchaser must take into account relief granted under section 37
39 Agreements have no effect so far as they conflict with section 37 or 38
40 Purchaser of lease must treat lease conditions as having been observed if vendor produces copy of rent receipt
41 Vendor must ensure register not limited as to title (whether or not register is also limited as to parcels)
Miscellaneous provisions
42 Auction sales of property other than goods
43 Later title not invalid because of defect in court order
44 Certain instruments authorise payment to practitioner instead of party for whom practitioner acts
Subpart 4—Apportionment of periodical payments between vendors and purchasers
45 Apportionments in respect of time
46 Payment and recovery of apportioned part of periodical payment
47 Apportionment of rent from property
Subpart 5—Assignment of things in action
48 Interpretation
49 Application of subpart
50 How thing in action assigned
51 Further consequences of assignment of thing in action
52 Further provisions about assignments
53 Assignment of amounts payable in future
Subpart 6—Other transactions
54 Effect of no registration clause
55 Tenants in common may declare that they are joint tenants
56 Person may dispose of property to himself, herself, or itself
Subpart 7—Abolition and modification of common law rules relating to property
57 Feudal incidents of estate in fee simple abolished
58 Abolition of obsolete estates and rules
59 Future estates and interests
60 Doctrine of interesse termini abolished
61 Life estate in leasehold estate
62 Creation and disposition of estates and interests in property
63 Contingent remainders and interests
64 When gifts over cease to be capable of taking effect
65 Meaning of heirs and similar words
66 Future interests to carry accumulated income
67 Vendor has no lien
68 Voluntary waste or equitable waste by life tenant or lessee
69 Voluntary or equitable waste by co-owner
70 Permissive waste abolished
71 Release of part of land from rentcharge
72 Body corporate may hold property as joint tenant
73 Release and disclaimer of powers
74 Power to appoint among different objects
Part 3
Mortgages
Subpart 1—General provisions
75 Application of Part
76 Application of sections 79, 92, 94, 95, and 96
77 Non-application of Part to security interests in consumer goods
78 Provisions of Part are supplementary, but subject, to Personal Property Securities Act 1999 in relation to mortgages over personal property
Subpart 2—Form and effect of mortgages
79 Mortgage over land to take effect as charge
80 No mortgage over land by deposit of instruments of title
81 Right of mortgagor to bring proceeding against mortgagee
82 Effect of advance on joint account
Discharge, assignment, and variation of mortgages
83 Discharge of mortgage
84 Assignment of mortgage
85 Variation of mortgage
86 Effect of mortgage variation instrument
Advances for protection and realisation of security
87 Mortgage secures advances for protection and realisation of security
88 Priority extends to advances for protection and realisation of security
Priority for further advances
89 Priority of security for advances after subsequent mortgage comes into operation
90 Advance of specified principal amount after subsequent mortgage
91 Priority extends to further advances if mortgagee does not have actual notice of subsequent mortgage or is obliged to make further advances
92 Priority extends to further advances up to stated priority limit
93 Interpretation for purposes of sections 91 and 92
94 Transitional provisions for further advances
Subpart 3—Covenants, conditions, and powers implied in mortgages
95 Covenants implied in mortgages over land
96 Covenants implied in mortgages over goods (except inventory)
Subpart 4—Redemption of mortgages
97 Equity of redemption
98 Amounts secured include interest for unexpired portion of term
99 Mortgagor or other person seeking to redeem must give notice or pay interest in certain circumstances
100 Requirement to pay interest subject to credit contract legislation
101 Terms in instrument of no effect if less favourable
102 Request to mortgagee to transfer mortgage
103 Mortgagee must transfer mortgage after receiving request
104 Right to inspect instruments of title
105 Restriction on consolidation
106 Instruments have no effect so far as they conflict with section 102, 103, 104, or 105
107 Application for order of court directing sale of mortgaged property
108 Court may make order directing sale of mortgaged property
109 Redemption when mortgagee cannot be found, etc
110 Redemption by order of court
111 Certificates and orders operate as discharge of mortgage
112 Redemption by payment to Public Trust
113 Instruments of title must be delivered on production of Public Trust’s receipt or certificate
114 Public Trust not liable if acts reasonably and in good faith
115 Court may order discharge of mortgage if periodical payments secured are otherwise provided for
116 Certificate operates as discharge of mortgage
Subpart 5—Restrictions on exercise of mortgagees’ powers
117 Foreclosure abolished
118 Mortgagee accepting interest after expiry of term not to call up without notice
119 Notice must be given to current mortgagor of mortgaged land of exercise of powers, etc
120 Form of notice under section 119
121 Copy of notice under section 119 must be served on former mortgagor, covenantor, subsequent mortgagee, and caveator
122 Notice of intention to recover deficiency in relation to mortgages over land
123 Instruments have no effect so far as they conflict with section 119, 120, 121, or 122
124 Conditional sale of land permitted before expiry of notice
125 Notice not required before exercising certain powers under mortgage debenture
126 Court may grant leave to enter into possession of land, etc
127 Transitional provisions for notices given or served before commencement of Act
128 Notice must be given to current mortgagor of mortgaged goods of exercise of powers
129 Form of notice under section 128(1)
130 Copy of notice under section 128 must be served on former mortgagor, covenantor, and subsequent mortgagee
131 Instruments have no effect so far as they conflict with section 128, 129, or 130
132 Notice of intention to recover deficiency in relation to mortgages over goods
133 Instruments have no effect so far as they conflict with section 132
134 Conditional sale of goods permitted before expiry of notice
135 Notice concerning goods not required in certain cases
136 Court may grant leave to exercise power of sale of goods or to claim deficiency
Subpart 6—Mortgagees in possession
Entry into possession
137 Exercise of power to enter into possession
138 Mortgagee may not enter into or take physical possession if mortgagee has consented to lease
139 When mortgagee becomes mortgagee in possession
140 Mortgagees in possession of accounts receivable
Powers and obligations of mortgagees in possession
141 Mortgagee in possession of leasehold estate or interest in land or of leased goods
142 Mortgagee in possession of land may enter into lease
143 Terms and conditions of lease entered into by mortgagee in possession
144 Extent to which lease of land entered into by mortgagee in possession is binding on certain persons
145 Mortgagee in possession may enter into lease of mortgaged land together with other land
146 Registrar-General or other person need not inquire whether occasion has arisen authorising mortgagee to enter into lease
147 Mortgagee in possession of land may exercise powers under lease
148 Mortgagee in possession may manage land, goods, or accounts receivable
149 Mortgagee in possession of land may harvest crops and timber
150 Mortgagee in possession may protect or repair mortgaged land or goods
151 Mortgagee in possession of land liable for waste
152 Application of income received by mortgagee in possession
153 Preferential claims
154 Transitional provisions relating to preferential claims
155 Mortgagee in possession to account to current mortgagor
156 Notice of entry into possession of mortgaged land or goods
157 Address to which notice to current mortgagor must be sent
158 Public notice
159 Current mortgagor to make information available and give reasonable assistance to mortgagee in possession
160 Accounting records
161 Mortgagee in possession must keep money relating to land, goods, or accounts receivable separate from other money
162 First report by mortgagee in possession
163 Further reports by mortgagee in possession
164 Extension of time for preparing reports
165 Persons entitled to receive reports
166 Persons entitled to inspect reports
167 Duty to notify breaches of other Acts
Withdrawal from possession
168 Withdrawal of mortgagee from possession
169 Mortgagee who has withdrawn from possession not entitled to receive income after withdrawal
170 Withdrawal with consent of court
171 Withdrawal by direction of court
172 Restriction on re-entry into possession after withdrawal
173 Notice that mortgagee has withdrawn from possession
Protection for directors
174 Defences available to directors in proceedings for offences under this subpart
Application of various provisions to mortgagees who entered into possession before 1 January 2008
175 Application of various provisions to mortgagees who entered into possession before commencement of Act
Subpart 7—Mortgagees’ power of sale
Exercise of power of sale
176 Duty of mortgagee exercising power of sale
177 No defence or indemnity
178 Powers incidental to power of sale
179 Mortgagee may adopt agreement for sale and purchase
180 Court may authorise land and minerals to be dealt with separately
181 Powers incidental to power to sell land, mines, or minerals
182 Sale together with other property at single price
183 Mortgagee may transfer or assign mortgaged property to purchaser
184 Protection of purchaser at sale by mortgagee
185 Application of proceeds of sale of mortgaged property
186 Payment of surplus to the Crown if current mortgagor cannot be found
Sale by mortgagee through Registrar or through court
187 Sale by mortgagee through Registrar
188 Application for sale under section 187
189 Vendor mortgagee must nominate discharge sum
190 Registrar to arrange sale
191 Advertising of sale
192 Registrar may consent to correction of defect or error
193 Withdrawal of land from sale
194 Registrar’s fees, expenses, and commission
195 Current mortgagor or other person may redeem on payment of nominated discharge sum
196 Mortgagee may purchase at sale through Registrar
197 Effect of transfer executed or registered under section 196
198 Registration of transfer instrument
199 Applications for sale of mortgaged land by Registrar made before commencement of Act
200 Sale by mortgagee through court
201 Application for assistance must be served on certain persons
202 Miscellaneous matters concerning orders under section 200
Subpart 8—Liability to mortgagee of person who accepts transfer, assignment, or transmission of land subject to mortgage
203 Person who accepts transfer, assignment, or transmission of land personally liable to mortgagee
204 Liability of former mortgagor not extinguished
205 Administrator or trustee liable only to extent of assets of estate or trust
Part 4
Leases of land
Subpart 1—General provisions
206 Application of Part
207 Interpretation
Subpart 2—Form, duration, and effect of leases
208 Short-term lease: form
209 Short-term lease: effect
210 Implied term of lease if no other term agreed
211 Obligations of lessee to remain in force if lessee remains in possession of land with lessor’s consent after term of lease has expired
212 Lease terminating on occurrence of future event
213 Lessee remaining in possession without consent of lessor, or lessor accepting rent, after termination of lease
214 Notice by joint tenants
215 Sublease for same or longer term as term of superior lease
216 Surrender of lease to enable new superior lease to be entered into not to affect sublease
Subpart 3—Covenants, conditions, and powers implied in leases
217 Application of sections 218 to 220
218 Covenants, conditions, and powers implied in all leases
219 Covenant implied in leases (except unregistered short-term leases)
220 Covenant implied in unregistered short-term leases
221 Reference to usual covenants
222 Time for payment of rent
223 Effect of covenant to keep premises in good condition
224 Consent not to be unreasonably withheld or delayed
225 Application of sections 226 to 228
226 Consent to assignment, etc, or change of use
227 When consent is unreasonably withheld
228 Damages may be recovered from lessor if consent is unreasonably withheld
229 Instruments have no effect so far as they conflict with section 225, 226, 227, or 228
Subpart 4—Effect on leases of transactions concerning reversion
230 Merger of reversion not to affect remedies
231 Burden of lessor’s covenants to run with reversion
232 Rights under lease to which section 233 applies
233 Benefit of lessee’s covenants to run with reversion
234 When rights arising from covenants may be exercised
235 Rights and obligations under lease after severance
236 Notice of termination of lease after severance
237 Effect of payment by lessee to assignor of reversion
238 Effect of acknowledgement by lessee of another person as lessor
Subpart 5—Effect of transfer or assignment of leases
239 Application of subpart
240 Transferee or assignee becomes lessee
241 Transferor or assignor remains liable
242 Covenant implied in transfer or assignment of lease
Subpart 6—Remedies and relief
Cancellation of leases
243 Sections 244 to 264 to be code
244 Cancellation of lease for breach of covenant or condition: general
245 Cancellation of lease for breach of covenant to pay rent
246 Cancellation of lease for breach of other covenants
247 Defects that do not invalidate notice of intention to cancel lease
248 Application to court for possession of land made before expiry of period of notice of intention to cancel lease
249 Consequences of serving on lessee notice of intention to cancel lease under section 245 or 246
250 Acceptance of rent by lessor after notice of intention to cancel lease given not to operate as waiver of lessor’s rights
251 Powers of court in making order for possession
252 Effect of sections 244 to 251
253 Relief against cancellation of lease for breach of covenant or condition
254 Mortgagee or receiver may apply for extension of time for bringing proceedings
255 Application for relief not to constitute admission
256 Powers of court on application for relief
257 Effect of order granting relief against cancellation of lease
258 Protection of sublessee on cancellation of superior lease
259 Interested person may apply for extension of time for bringing proceedings
260 Powers of court on application for relief by sublessee
261 Relief against lessor’s refusal to enter into renewal or sell reversion to lessee
262 How application under section 261 for relief under section 264 to be made
263 Matters lessee must be informed of by notice
264 Relief court may grant on application
Abolition of right to distrain
265 Right to distrain abolished
Miscellaneous matters
266 Removal of fixtures by lessee
267 Effect of unlawful eviction on lessee’s obligations
268 Application of sections 269 and 270
269 Exoneration of lessee if lessor is insured
270 Rights of lessor if insurance for leased premises or land is affected by negligence of lessee or lessee’s agent
271 Lessee may acknowledge lessor has not insured, or fully insured, premises
272 Instruments have no effect so far as they conflict with section 269, 270, or 271
273 Effect of waiver
Subpart 7—Miscellaneous
274 Administrator not personally liable
Part 5
Covenants, easements, profits, and access lots
Subpart 1—Covenants: nature and effect
275 Sections 276 to 278 apply to covenants express or implied
276 Effect of covenants made by 2 or more covenantors
277 Effect of covenants for benefit of 2 or more covenantees
278 Covenants persons made with themselves
279 Construction and variation, etc, of implied covenants
280 Covenants implied by this Act are generally cumulative
281 Only by enactments can covenants be implied as matter of law in certain instruments relating to property, etc
Subpart 2—Covenants implied in certain instruments
282 Application of subpart
283 Covenants implied unless contrary intention expressed
284 Covenants implied in instruments creating, transferring, or assigning estates or interests in land
285 Covenant implied in instruments transferring or assigning lease of land
286 Covenants implied in instruments by fiduciary or mortgagee
287 When person executes instruments in fiduciary capacity for purposes of section 286
288 Covenants implied in encumbrances of property
289 Covenant implied in transfers or assignments of land subject to encumbrance
290 Restriction on liability of certain administrators or trustees on covenant under section 289
Subpart 3—Easements, profits, and access lots
Creation, benefits, burdens, apportionment, etc, of easements, etc
291 Easements in gross permitted
292 Easement includes profit, etc, in sections 293 to 296
293 Easements, etc, granted for fixed term: benefits
294 Easements, etc, granted for fixed term: burden
295 Easements, etc, granted for fixed term: apportionment after severance of reversion as regards land or estate
296 Easements, etc, can no longer be acquired by prescription
Vehicular rights of way
297 Covenants implied in grant of vehicular right of way
Access lots
298 Rights of proprietors of access lot that is or includes driveway or proposed driveway
Light or air
299 Grant of easement of light or air
300 Effect of easement of light or air
Subpart 4—Covenants: operation
301 Construction of covenants relating to land: benefits
302 Construction of covenants relating to land: burdens
303 Legal effect of covenants running with land
304 Whether, and to what extent, administrator bound by covenant to which section 303 applies
305 How rights under covenant to which section 303 applies rank in relation to other unregistered interests
306 Certain duties under, and law on, restrictive covenants not limited or affected by section 303
307 Notification of covenants
Subpart 5—Easements, covenants, and access lots: enforcement, modification, and extinguishment
Enforcement of covenants by giving notice of work required
308 Person entitled may give notice of work required
309 Requirements for notice served under section 308
310 Person bound who does not agree may serve cross-notice
311 Circumstances in which person bound is not liable
312 Person entitled or person bound ceasing to be owner or occupier
Enforcement, modification, and extinguishment of easements, covenants, and access lots by order of court
313 Court may enforce easements and positive or restrictive covenants
314 Duties of court making order under section 313(1)(e) on sharing of cost of work under vehicular right of way
315 Application of sections 313 and 317, etc, to access lots
316 Application for order under section 317
317 Court may modify or extinguish easement or covenant
318 Registration and recording of orders under section 317
Part 6
Special powers of court
Subpart 1—Entry onto neighbouring land
319 Owner or occupier of land may apply to court for order authorising entry onto or over neighbouring land
320 Powers of court making order authorising entry onto or over neighbouring land
Subpart 2—Wrongly placed structures
321 Interpretation
322 Certain persons may apply for relief for wrongly placed structure
323 Court may grant relief for wrongly placed structure
324 Matters court may consider in determining application for relief
325 Orders court may make
Subpart 3—Landlocked land
326 Interpretation
327 Owner or occupier of landlocked land may apply to court
328 Court may grant reasonable access to landlocked land
329 Matters court must consider in determining application for order for reasonable access
330 Court may impose conditions in making order for reasonable access
331 Costs of work giving effect to order
Subpart 4—Trees and unauthorised improvements on neighbouring land
332 Application of this subpart
333 Court may order removal or trimming of trees or removal or alteration of structures
334 Owner or occupier of land may apply for order under section 333
335 Matters court may consider in determining application for order under section 333
336 Further considerations relating to trees
337 Court may impose conditions in making order under section 333
338 Completion of work required by order under section 333
Subpart 5—Division of property among co-owners
339 Court may order division of property
340 Order under section 339(1)(b) subject to restrictions on subdivision of land
341 Application for order under section 339(1)
342 Relevant considerations
343 Further powers of court
Subpart 6—Setting aside of dispositions that prejudice creditors
344 Purpose of this subpart
345 Interpretation
346 Dispositions to which this subpart applies
347 Application for order under section 348
348 Court may set aside certain dispositions of property
349 Protection of persons receiving property under disposition
350 Person in or to whom order under section 348 vests property or makes compensation for it payable
Part 7
Miscellaneous provisions
Land not owned by the Crown and not under Land Transfer Act 1952
351 Application of Schedule 6
Service of notices and other documents
352 Documents to which section 353 applies
353 How documents in section 352 to be given or served
354 How other documents to be given or served
355 Person to or on whom document to be given or served in special cases
356 Sections 353 to 355 and service in legal proceedings
357 Orders dispensing with, or directing manner of, service
358 Agent defined for purposes of sections 353 and 355
359 Manner of giving or serving notices
360 Receipt for purposes of section 359
361 Time of service if more than 1 person to be served
District Courts’ jurisdiction, regulations, consequential amendments, repeals, etc, and savings and transitional provisions
362 Jurisdiction of District Courts
363 Regulations
364 Consequential amendments
365 Imperial enactments relating to property no longer part of law of New Zealand
366 Property Law Act 1952 and 2 related Acts repealed
367 Existing matters, proceedings, and instruments
368 Distraint may be completed
369 Transitional provisions relating to Insolvency Act 2006
370 Transitional provisions relating to Companies Amendment Act 2006
371 Transitional provision relating to Insolvency (Cross-border) Act 2006
Schedule 1
Form of certificate of non-revocation of power of attorney
Schedule 2
Covenants implied in mortgages
Schedule 3
Covenants, conditions, and powers implied in leases of land
Schedule 4
Covenants implied in certain instruments
Schedule 5
Covenants implied in grants of vehicular rights of way
Schedule 6
Provisions applying to land not owned by the Crown and not under Land Transfer Act 1952
Schedule 7
Consequential amendments
Reprint notes