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Conservation Act 1987

Marginal strips

24K: Provisions applying in relation to land vested under New Zealand Railways Corporation Restructuring Act 1990

You could also call this:

"Rules for land near railway lines that was once owned by the government"

When land is vested under the New Zealand Railways Corporation Restructuring Act 1990, some special rules apply. You need to know what a Crown transferee company and a railway operator are. A Crown transferee company is a company that gets land from the government under the New Zealand Railways Corporation Restructuring Act 1990, as explained in section 2 of that Act. A railway operator is also defined in section 2 of the New Zealand Railways Corporation Restructuring Act 1990.

Some parts of the Conservation Act 1987 do not apply to land near railway lines. This includes land within 25 metres of a railway line. The Minister can also approve land for changes to a railway line, as long as the land is needed for the change and the value of the nearby land is not reduced too much.

If a railway line is removed or stops being used, the land near it may become subject to the Conservation Act 1987. The Minister can declare that land is no longer needed for a railway line change, and then it becomes subject to the Act. The Registrar-General of Land or the Chief Surveyor will update the records to show this change.

Other laws, such as the New Zealand Railways Corporation Act 1981 and the New Zealand Railways Corporation Restructuring Act 1990, still apply to this land. You can find more information about these laws in sections 30 and 31 of the New Zealand Railways Corporation Act 1981 and section 31 of the New Zealand Railways Corporation Restructuring Act 1990.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM104947.

Topics:
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Part 4AMarginal strips

24KProvisions applying in relation to land vested under New Zealand Railways Corporation Restructuring Act 1990

  1. In this section and in section 24L—

    Crown transferee company has the same meaning as in section 2 of the New Zealand Railways Corporation Restructuring Act 1990

      railway operator has the same meaning as in section 2 of the New Zealand Railways Corporation Restructuring Act 1990.

      1. The provisions of section 24D shall apply in relation to a disposition of land of the kind referred to in section 24(9)(c) with such modifications as shall be necessary and as if the reference in subsection (1) of that section to the registration of any disposition by the Crown were a reference to the registration of a Crown transferee company as the proprietor of the land in accordance with section 9(1)(a) of the New Zealand Railways Corporation Restructuring Act 1990.

      2. This Part (except section 24L) does not apply to—

      3. land within an area of 25 metres of a line drawn midway between the rails of a railway line:
        1. land approved by the Minister by notice in the Gazette as being required for the purpose of an alteration to the route of an existing railway line.

          1. The Minister shall give a notice under subsection (3)(b) in any case where he or she is satisfied that—

          2. the land is reasonably required for the purposes of altering the route of the railway line; and
            1. the value in terms of the purposes specified in section 24C of the land adjacent to the railway line will not be diminished any more than is reasonably necessary for the purposes of the proposed alterations to the railway line.

              1. In giving an approval under subsection (3)(b) the Minister may impose such conditions as he or she thinks fit in connection with the construction of the proposed alterations to the railway line.

              2. Where, in relation to land of the kind referred to in subsection (3)(b), a statement that the land is subject to this Part has, in accordance with section 24D, been recorded on the record of title to the land or on the proper plans and records of the land registration district affected, the Registrar-General of Land or the Chief Surveyor, as the case may be, shall make such alterations to any existing records of title for that land or to the plans and records of the land registration district, as the case may be, as shall be necessary for the purpose of recording the fact that the land is no longer subject to this Part.

              3. Where, in relation to any land of the kind referred to in subsection (3),—

              4. the railway line is removed permanently; or
                1. the railway line ceases to be operated by a railway operator; or
                  1. in the case of land referred to in a notice in the Gazette published under subsection (3)(b), the Minister declares, by notice in the Gazette, that the land or any part of it is no longer required for the purposes of the alteration to the railway line—as the case may be,—
                      1. the land shall immediately become subject to this Part and the provisions of section 24D shall apply with such modifications as shall be necessary and as if—
                    1. the reference in subsection (1) of that section to the registration of any disposition by the Crown were a reference to land becoming subject to this Part by virtue of this subsection; and
                      1. the reference in subsection (2) of that section to notification of any disposition by the Crown were a reference to notification of land becoming subject to this Part by virtue of this subsection.

                        1. Nothing in this Part limits or affects the application of sections 30 and 31 of the New Zealand Railways Corporation Act 1981 or section 31 of the New Zealand Railways Corporation Restructuring Act 1990.

                        Notes
                        • Section 24K: inserted, on , by section 3 of the Conservation Amendment Act 1990 (1990 No 106).
                        • Section 24K(6): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).