Part 1State houses
Easements
27Right of way certificates
Kāinga Ora–Homes and Communities may at any time issue a right of way certificate in any case where,—
- in the opinion of Kāinga Ora–Homes and Communities, any right of way for the use of pedestrians or vehicles from any legally created road or street or from any land used as a road or street to any parcel or parcels of land which was State housing land when the right of way came into existence passes over other land which was State housing land when the right of way came into existence; and
- after the right of way came into existence, 1 or more of the parcels of land has been disposed of by way of sale under this Part or under the provisions of any corresponding former enactment.
Every such right of way certificate shall—
- be executed by Kāinga Ora–Homes and Communities:
- specify the several parcels of land served by the right of way and the land over which the right of way exists:
- have endorsed thereon or refer to a diagram showing the several parcels of land served by the right of way and the land over which the right of way exists.
While any right of way 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 any parcel of land specified in the certificate as being served by the right of way shall have the full and free right and liberty for himself, his tenants, agents, workmen, licensees, and invitees (in common with all other persons having the like right) from time to time and at all times by day or night to pass and repass over the land specified in the certificate as land over which the right of way exists with or without domestic animals of any kind and, where practicable, with vehicles and implements of any kind:
- the owner for the time being of any land specified in the certificate as being land over which the right of way exists shall afford to the persons specified in paragraph (a) the full and free exercise of the rights specified in paragraph (a) in respect of that land:
- the owner for the time being of any parcel of land specified in the certificate as being served by the right of way may require and enforce reasonable contribution from all or any other such owners in respect of the cost of executing, providing, and doing all or any of the things necessary for the proper maintenance or reconstruction of the right of way or lawfully required in respect thereof by any local authority having jurisdiction in the matter.
Compare
- 1953 No 115 s 17
Notes
- Section 27(1): amended, on , by section 33 of the Kāinga Ora–Homes and Communities Act 2019 (2019 No 50).
- Section 27(1)(a): amended, on , by section 33 of the Kāinga Ora–Homes and Communities Act 2019 (2019 No 50).
- Section 27(2)(a): amended, on , by section 33 of the Kāinga Ora–Homes and Communities Act 2019 (2019 No 50).


