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Resource Management Act 1991

Transitional provisions - Current mining privileges relating to water

417: Permits over land other than that of holders to be produced in Land Transfer Office

You could also call this:

“Rules for registering mining rights on someone else's land with the Land Office”

If you have a special mining permit for water that lets you use someone else’s land, you can keep using it. You can ask the regional council for a certificate that shows what rights you have on that land. This certificate needs to have the council’s seal on it and show details about where you can use the water.

You can register this certificate with the Land Transfer Office. When you do this, it creates a legal right for you to use that land, even if you don’t own it. This right stays even if the land is sold or if someone gets a mortgage on it.

If you want to give your permit to someone else, you can transfer the certificate to them too. The Registrar-General of Land will add information about your permit to the official records for that land.

If the land isn’t registered under the Land Transfer Act, you can still get a certificate from the regional council. You can then give a copy to the Chief Surveyor, who will make a note of it on the land records.

These rules make sure that your rights to use the water on someone else’s land are protected and officially recorded.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM240601.

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Housing and property > Land use
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Part 15 Transitional provisions
Current mining privileges relating to water

417Permits over land other than that of holders to be produced in Land Transfer Office

  1. Where, immediately before the date of commencement of this Act, a mining privilege that is deemed to be a permit under section 413(1)(e) conferred on its holder rights over land in respect of which the holder is not the owner, then the holder of the deemed permit—

  2. may continue to exercise those rights, and the provisions of this section shall apply accordingly; and
    1. may, at any time, obtain from the relevant regional council, for the purpose of registration against any record of title under the Land Transfer Act 2017, a certificate specifying the rights that the holder of that permit has in respect of that land by virtue of paragraph (a).

      1. Every such certificate shall be in writing and—

      2. have affixed to it the common seal of the consent authority; and
        1. specify the rights which the holder of the permit has by virtue of subsection (1)(a) and the parcel or parcels of land affected (including the file reference); and
          1. have endorsed on the certificate or refer to a diagram or plan attached to the certificate (which need not be a survey plan), showing the course of any race and, as the case may be, the site of any dam and the boundaries of any part of the land which the permit specifies as being affected except that, where it is not practicable to show the true course or site or part of the land, it shall be indicated as nearly as possible, and, until the contrary is proved, the course or site or part of the land so indicated shall be deemed to be the true course, site, or boundaries, as the case may be.

            1. No action shall lie against the Crown under subpart 3 of Part 2 of the Land Transfer Act 2017 by reason of any certificate registered under this section not indicating the true course of any race, the site of any dam, or boundary of any part of the land.

            2. Every such certificate shall be deemed—

            3. to be an instrument capable of registration under the Land Transfer Act 2017 and, when so registered, to create in favour of the permit holder an interest in the land in respect of which it is registered, within the meaning of section 51 of that Act; and
              1. when so registered, to be binding on any registered owner of an estate in fee simple or leasehold or on any registered licensee, and on any subsequent mortgagee of any land, or of any interest in any land, affected by the certificate notwithstanding the expiration, lapsing, cancellation, surrender, suspension, or transfer of the deemed permit to which it relates.

                1. Without limiting subsection (1), any certificate registered under this section may be transferred by the holder of the deemed permit, or any permit issued in substitution for it, to the person to whom such permit is transferred, by means of a transfer instrument to be registered under the provisions of the Land Transfer Act 2017.

                2. Where any certificate is produced to the Registrar-General of Land under this section, the Registrar-General of Land shall enter on every record of title, lease, licence to occupy, provisional register, or other instrument of title registered or filed in the Registrar-General of Land's office and relating to that land, the particulars of the deemed permit, including the file reference.

                3. Nothing in the Land Transfer Act 2017 shall limit or affect any right, title, or interest held under a deemed permit over land of which the holder of the permit is not the owner before the certificate has been registered and particulars have been entered by the Registrar-General of Land on the instrument of title affected in accordance with subsection (6).

                4. If the land affected by subsection (1) or any part of it is not subject to the Land Transfer Act 2017, and dealings with the land or part not so subject are not registerable under the Deeds Registration Act 1908, the person in whose favour the right continues may at any time obtain from the relevant regional council a certificate in terms of subsections (1) and (2), and may lodge a true copy of the certificate in the office of the Chief Surveyor; and the Chief Surveyor shall note the existence of the certificate on the proper plans and records of the land district.

                Notes
                • Section 417(1): amended, on , by section 198(1) of the Resource Management Amendment Act 1993 (1993 No 65).
                • Section 417(1)(b): replaced, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
                • Section 417(3): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
                • Section 417(4)(a): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
                • Section 417(4)(b): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
                • Section 417(5): replaced, on , by section 198(2) of the Resource Management Amendment Act 1993 (1993 No 65).
                • Section 417(5): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
                • Section 417(6): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
                • Section 417(6): amended, on , by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                • Section 417(7): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
                • Section 417(7): amended, on , by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                • Section 417(8): inserted, on , by section 198(3) of the Resource Management Amendment Act 1993 (1993 No 65).
                • Section 417(8): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).