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Resource Management Act 1991

Subdivision and reclamations - Vesting of roads and reserves

239: Vesting of reserves or other land

You could also call this:

"When land is set aside for the community, the council or government owns it for a specific purpose."

When the Registrar-General of Land deposits a survey plan, some land becomes owned by the local council or the government. This land is shown on the survey plan as a reserve, and it is now owned by the council or the government for the purposes shown on the plan, under the Reserves Act 1977. The land is owned free from any other interests or claims on it.

If the survey plan shows land that will be owned by the council or the government instead of being a reserve, this land is also owned by them. The land is owned free from any other interests or claims on it. This also applies to land or parts of rivers and lakes shown on the survey plan.

To make things clear, if the survey plan shows land in the coastal marine area, this land becomes part of the marine and coastal area. Sometimes, the council might say that some interests, like claims on the land, should still apply to the land. In these cases, the land can be owned by the council or the government, but still have these interests.

When land is owned by the government, it is owned under the Land Act 1948, unless this law says otherwise.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM237600.

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Part 10Subdivision and reclamations
Vesting of roads and reserves

239Vesting of reserves or other land

  1. When the Registrar-General of Land deposits a survey plan, or a Chief Surveyor approves a survey plan to which section 228 applies,—

  2. any land shown on the survey plan as reserve to be vested in the territorial authority or the Crown, vests in the territorial authority or the Crown, as the case may be, free from all interests in land, including any encumbrances (without the necessity of any instrument of release or discharge or otherwise) for the purposes shown on the survey plan, and subject to the Reserves Act 1977; and
    1. any land shown on the survey plan as land to be vested in the territorial authority or in the Crown in lieu of reserves, shall vest in the territorial authority or in the Crown, as the case may be, free from all interests in land, including any encumbrances (without the necessity of an instrument of release or discharge or otherwise); and
      1. any land or any part of the bed of a river (not being part of the coastal marine area) or lake, shown on the survey plan as land to be vested in the territorial authority or the Crown, shall vest in the territorial authority or the Crown, as the case may be, free from all interests in land, including any encumbrances (without the necessity of an instrument of release or discharge or otherwise); and
        1. to avoid doubt, any land shown on the survey plan as land in the coastal marine area becomes part of the marine and coastal area.

          1. Notwithstanding subsection (1), the land may be vested subject to any specified interest which the territorial authority has certified, on the survey plan, shall remain with the land.

          2. Any land vested in the Crown vests under the Land Act 1948 unless this Act provides otherwise.

          Notes
          • Section 239(1): amended, on , by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
          • Section 239(1)(a): amended, on , by section 126(1)(a) of the Resource Management Amendment Act 1993 (1993 No 65).
          • Section 239(1)(b): amended, on , by section 126(1)(b) of the Resource Management Amendment Act 1993 (1993 No 65).
          • Section 239(1)(b): amended, on , by section 126(1)(c) of the Resource Management Amendment Act 1993 (1993 No 65).
          • Section 239(1)(c): replaced, on , by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).
          • Section 239(1)(d): inserted, on , by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).
          • Section 239(2): inserted, on , by section 126(3) of the Resource Management Amendment Act 1993 (1993 No 65).
          • Section 239(3): replaced, on , by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).