Canterbury Earthquake Recovery Bill

  • enacted
54  Proclamation
  • (1) If the Minister considers that land should be taken in the name of the Crown, the land intended to be taken may be taken in accordance with this section.

    (2) If necessary, a cadastral survey dataset showing accurately the position and extent of the land to be taken must be prepared and be lodged with the chief executive of Land Information New Zealand for the purposes of the Cadastral Survey Act 2002.

    (3) So long as the relevant notice in the Gazette has been registered in accordance with section 53(3), the Minister may recommend that the Governor-General issue a Proclamation taking the land.

    (4) The Governor-General may, if he or she thinks fit, by Proclamation declare that the land described in it is taken in the name of the Crown.

    (5) Every Proclamation under this section must be published in the Gazette and publicly notified within 1 month after the date of its making, and every such public notification must contain some readily identifiable description of the land taken, but a Proclamation is not invalidated by any error, defect, or delay in its gazetting or public notification.

    (6) Unless otherwise provided in the Proclamation or in this Act or in any other Act, the land specified in a Proclamation under this section becomes absolutely vested in fee simple in the Crown and freed and discharged from all mortgages, charges, claims, estates, or interests of whatever kind, on the 14th day after the day on which the Proclamation is published in the Gazette.

    (7) If land is compulsorily acquired under this section, the Crown succeeds to all rights, entitlements, and benefits that the owner has or may have against—

    • (a) the insurer of the land;

    • (b) the insurer of any building or other property on the land.