Housing Act 1955

State houses - Easements

26: Pipeline certificates

You could also call this:

"A certificate for pipes that cross private land, explaining who can use and repair them."

Kāinga Ora–Homes and Communities can issue a pipeline certificate at any time. This happens when a pipeline is built over or through land that was State housing land. The pipeline must pass over or through more than one piece of land. Kāinga Ora–Homes and Communities can also issue a pipeline certificate if a pipeline is built over or through land that is not State housing land. This can happen if the landowner agrees, or if the Crown had the right to build the pipeline when they sold the land. The pipeline certificate must be signed by Kāinga Ora–Homes and Communities and must show which land the pipeline passes over or through. The certificate must also show which pieces of land are served by the pipeline and what type of pipeline it is. It must include a diagram showing the pipeline's path. While the pipeline certificate is registered, the owners of the land served by the pipeline have the right to use it. They can also enter the land to repair the pipeline, as long as they fix any damage they cause. If you own land that the pipeline passes over or through, you must let the owners of the served land repair the pipeline. The owners of the served land can ask you to help pay for the repairs. If it's not possible to show the exact path of the pipeline on the certificate, it will be shown as closely as possible. You can't take action against the Crown if the pipeline certificate doesn't show the exact path of the pipeline, as long as it was shown as closely as possible. You can find more information about this in subpart 3 of Part 2 of the Land Transfer Act 2017. You can also find more information about registering pipeline certificates in section 29.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM291319.

This page was last updated on 14 December 2025 — View changes

Topics:

Housing and property > Land useEnvironment and resources > Town planning

25: Kāinga Ora–Homes and Communities may issue easement certificates, or

"Kāinga Ora can give you certificates for using someone else's land for things like pipes or paths."

27: Right of way certificates, or

"A right of way certificate lets you use a path or road on someone else's land."

Part 1State houses
Easements

26Pipeline certificates

Kāinga Ora–Homes and Communities may at any time issue a pipeline certificate in any case where,—
any pipeline has been constructed by the Crown over or through land all or part of which, at the time of the construction, was State housing land; and
the pipeline passes over or through more than 1 parcel of land or land which (in the opinion of Kāinga Ora–Homes and Communities) is intended for subdivision into more than 1 parcel; and
1 or more of the parcels of land has been or is intended to be disposed of by way of sale under this Part or under the provisions of any corresponding former enactment.

In addition to its powers under subsection (1), Kāinga Ora–Homes and Communities may at any time issue a pipeline certificate in any case where a section of the pipeline referred to in the certificate has been or is to be constructed over or through land that at the time of the registration of the certificate was not State housing land, if—
the consent of the owner of that land and of every person having a registered interest therein is endorsed on the certificate in a manner satisfactory to the Registrar-General of Land or the Registrar of Deeds; or
the right to construct the pipeline was reserved at the time of the disposal of the land by the Crown; or
the pipeline was constructed on the land while it belonged to the Crown.

Every such pipeline certificate shall—
be executed by Kāinga Ora–Homes and Communities:
specify the land over or through which the pipeline passes and the several parcels of land which are served or (in the opinion of Kāinga Ora–Homes and Communities) are intended to be served by the pipeline:
specify the nature of the pipeline:
have endorsed thereon or refer to a diagram showing the several parcels of land served or (in the opinion of Kāinga Ora–Homes and Communities) intended to be served by the pipeline, and the land over or through which the pipeline has been constructed.

While any pipeline certificate remains registered in accordance with section 29 against the titles to the land to which the certificate relates, unless the certificate otherwise provides, the following provisions shall apply:
the owner for the time being of every parcel of land specified in the certificate as being served or intended to be served by the pipeline shall have a right to the free and uninterrupted use of the pipeline; and a right, for himself and his servants and agents, after giving reasonable notice, to enter upon any land shown in the certificate as land over or through which the pipeline passes and (so far as is reasonably necessary for the purpose) on other land to which the certificate relates for the purpose of relaying or effecting necessary repairs to the pipeline, subject to the restoration as nearly as is reasonably possible of the surface of the land to its former condition:
the owner for the time being of any land specified in the certificate as being land over or through which the pipeline passes shall afford to the persons specified in paragraph (a) the full and free exercise of the rights specified in that paragraph in respect of that land:
the owner for the time being of each parcel of land specified in the certificate as being served or intended to be served by the pipeline may require and enforce reasonable contribution from all or any other such owners in respect of the cost of executing, providing, and doing all necessary relaying of or repairs to the pipeline, and all things required in respect of the pipeline by any local authority having statutory powers in respect thereof:

Where it is not practicable to show the true course of any pipeline in any pipeline certificate, its position shall be indicated as nearly as possible in the certificate; and, until the contrary is proved, the course so indicated shall be deemed to be the true course. No action shall lie against the Crown under subpart 3 of Part 2 of the Land Transfer Act 2017 by reason of any pipeline certificate registered under this Part not indicating the true course of any pipeline referred to therein.

Compare

1953 No 115 s 16

Notes

Section 26(1): amended, on 1 October 2019, by section 33 of the Kāinga Ora–Homes and Communities Act 2019 (2019 No 50).
Section 26(1)(b): amended, on 1 October 2019, by section 33 of the Kāinga Ora–Homes and Communities Act 2019 (2019 No 50).
Section 26(2): amended, on 1 October 2019, by section 33 of the Kāinga Ora–Homes and Communities Act 2019 (2019 No 50).
Section 26(2)(a): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).
Section 26(3)(a): amended, on 1 October 2019, by section 33 of the Kāinga Ora–Homes and Communities Act 2019 (2019 No 50).
Section 26(3)(b): amended, on 1 October 2019, by section 33 of the Kāinga Ora–Homes and Communities Act 2019 (2019 No 50).
Section 26(3)(d): amended, on 1 October 2019, by section 33 of the Kāinga Ora–Homes and Communities Act 2019 (2019 No 50).
Section 26(5): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).