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Local Government (Rating) Act 2002

Assessment, payment, and recovery of rates and remission, postponement, and write-off of rates - Assessment, payment, and recovery - Abandoned land

80: Execution of documents for abandoned land

You could also call this:

"What happens to paperwork when the council sells or leases land that's been abandoned"

Illustration for Local Government (Rating) Act 2002

When a local authority sells abandoned land under section 79, and the buyer pays the full price, the local authority must do two things for the person who used to own the land. They must create a document called a memorandum of transfer, and they must note on this document that the land was sold under this law. The local authority signs this document on behalf of the old owner. They write on the document that the land was sold under this law.

If the local authority leases abandoned land under section 79, and all conditions are met, the local authority must do two things for the person who used to own the land. They must create the lease document, and they must note on the lease that the land was leased under this law. The local authority signs the lease on behalf of the old owner.

If the local authority buys the abandoned land, the Registrar of the District Court must create a memorandum of transfer for the old owner. The Registrar notes on the transfer that the land was sold under this law. The Registrar signs the document on behalf of the old owner.

After the local authority finishes the paperwork, the new owner or leaseholder can take possession of the abandoned land from anyone else who might be using it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM132746.

Topics:
Housing and property > Land useGovernment and voting > Local councils
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79: Conduct of sale or lease of abandoned land, or

"Selling or leasing abandoned land must be done fairly through auctions or tenders with a minimum price set."

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81: Presumption that sale or lease valid, or

"Buying or leasing abandoned land is automatically considered legal"

Part 3Assessment, payment, and recovery of rates and remission, postponement, and write-off of rates
Assessment, payment, and recovery: Abandoned land

80Execution of documents for abandoned land

  1. In the case of a sale under section 79, when the purchase price has been fully paid, the local authority must—

  2. execute, under seal, a memorandum of transfer on behalf of the ratepayer whose interest has been sold; and
    1. note on the transfer that the land has been sold under this Act.

      1. In the case of a lease under section 79, when the preconditions to the execution of the lease have been complied with, the local authority must—

      2. execute, under seal, the lease on behalf of the ratepayer whose interest has been leased; and
        1. note on the lease that the land has been leased under this Act.

          1. If the local authority purchases the abandoned land, the Registrar of the District Court must—

          2. execute, under the seal of the District Court, a memorandum of transfer on behalf of the ratepayer whose interest has been sold; and
            1. note on the transfer that the land has been sold under this Act.

              1. When the transfer or lease has been executed, the purchaser or lessee, as the case may be, is entitled to obtain possession, from any other person, of the abandoned land purchased or leased.