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Radiocommunications Act 1989

Registration

32: Court may order registration of interest

You could also call this:

"Court can help register your interest if you prove you're entitled to it"

Illustration for Radiocommunications Act 1989

You can go to court to get an interest registered if you can prove some things. You need to prove that a document has been lost or destroyed, and that you are entitled to have your interest registered. You also need to show that you have given notice to the people who will be affected. You have to give notice to the manager and to all other parties with an interest in the application. The court can then make an order that says what your interest is and tells the Registrar to update the register. The Registrar must follow the court's order. If the court makes an order, the registration will be backdated to when the Registrar updates the register. This means it will be like the original document was registered properly from the start. The original document will be treated as if it said what the court ordered, for the purposes of the Radiocommunications Act 1989, which is linked to section 31.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM196568.

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Part 3Registration

32Court may order registration of interest

  1. Upon proof to the satisfaction of the court—

  2. that an instrument to which section 31 applies has been lost or destroyed; and
    1. that the applicant is entitled to have the interest to which the application relates registered; and
      1. that due notice of the application has been given—
        1. to the manager intended to be affected; and
          1. to all other parties having an interest in the application,—
            2. the court may make an order defining and declaring the interest of the applicant under the instrument, and requiring the Registrar to amend the register accordingly.

          2. The Registrar shall comply with any order made under subsection (1).

          3. Every registration effected pursuant to an order made under subsection (1) shall have effect from the date on which the Registrar amends the register in compliance with the order as if the original instrument had been duly registered, and that instrument shall for the purposes of this Act be deemed to have been in the terms or to the effect specified in the order.