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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 a plan is approved, certain lands become owned by the local council or the government without any special papers needed.”

When the Registrar-General of Land records a survey plan, or a Chief Surveyor approves a survey plan that follows section 228, some changes happen to the land:

Any land shown as a reserve on the plan becomes owned by the local council or the government. This land is free from any other claims or restrictions. It will be used for the purposes shown on the plan and follow the Reserves Act 1977.

If the plan shows land to be given to the local council or government instead of reserves, this land also becomes theirs, free from any other claims.

Any land or part of a river or lake bed (not in the coastal marine area) shown on the plan as going to the local council or government becomes theirs, free from any other claims.

To be clear, any land shown on the plan as being in the coastal marine area becomes part of the marine and coastal area.

The land can still have some specific interests if the local council has said on the survey plan that these should stay with the land.

Any land that goes to the government follows the Land Act 1948, unless this Act says something different.

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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.

Topics:
Environment and resources > Town planning
Environment and resources > Land use
Government and voting > Local councils
Housing and property > Land use
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238: Vesting of roads, or

“Roads shown on survey plans become owned by the right authority without any extra paperwork.”

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Part 10 Subdivision 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).