Housing Act 1955

State houses - Disposal of State housing land

23: Recovery of possession of land

You could also call this:

"What happens if Kāinga Ora wants its land back?"

Illustration for Housing Act 1955

If Kāinga Ora–Homes and Communities cancels an agreement to sell some land, you and anyone who claims to own the land through you must leave the land and give it back to Kāinga Ora–Homes and Communities. This does not apply to people who have an approved instrument from Kāinga Ora–Homes and Communities and have followed all the conditions. In a court case about who owns the land, a certificate from Kāinga Ora–Homes and Communities saying what the land is worth and whether anyone has a lease or tenancy is enough evidence unless someone can prove it is wrong.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM291315.

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"Kāinga Ora can still take money owed even if a house sale is cancelled"


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Part 1State houses
Disposal of State housing land

23Recovery of possession of land

  1. Notwithstanding anything to the contrary in sections 51 and 52 of the Land Transfer Act 2017 or in any other Act, where Kāinga Ora–Homes and Communities lawfully rescinds an agreement for sale granted under this Part, the purchaser and all persons claiming through the purchaser shall forthwith vacate the land and yield up possession thereof to Kāinga Ora–Homes and Communities: provided that this subsection shall not apply to persons who claim by virtue of an instrument approved by Kāinga Ora–Homes and Communities and who have complied with all the terms and conditions of that approval.

  2. In any action for possession of State housing land, a certificate by a person purporting to be the manager of any branch of Kāinga Ora–Homes and Communities as to the value of the land, and as to whether any lease or tenancy has been granted in writing in respect of the land, and as to whether the land is State housing land, or as to any of those matters, shall, in the absence of proof to the contrary, be sufficient evidence in respect of the matter or matters so certified.

Notes
  • Section 23(1): amended, on , by section 33 of the Kāinga Ora–Homes and Communities Act 2019 (2019 No 50).
  • Section 23(1): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
  • Section 23(1) proviso: amended, on , by section 33 of the Kāinga Ora–Homes and Communities Act 2019 (2019 No 50).
  • Section 23(2): amended, on , by section 33 of the Kāinga Ora–Homes and Communities Act 2019 (2019 No 50).