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Housing Act 1955

State houses - Easements

29: Registration of easement certificates

You could also call this:

"How to register an easement certificate for a property"

Illustration for Housing Act 1955

When Kāinga Ora–Homes and Communities issues an easement certificate, you can register it with the Registrar-General of Land. The Registrar-General of Land will register the certificate against the title to all the land affected by it. You need a registered title to all the land for the certificate to be registered. If the Sovereign owns all the land, you can still register the easement certificate. You can change or cancel an easement certificate in certain ways, such as by getting a new certificate from Kāinga Ora–Homes and Communities or by getting the owners of the land to agree. You can also change or cancel a certificate by getting an order from the High Court, as stated in section 30. When you register a certificate, you have to pay a registration fee, as prescribed under the Land Transfer Act 2017. Any registered easement certificate is binding on anyone who has a mortgage over the land, and you do not need their consent to register it, as per the Local Government Act 2002. The Registrar-General of Land does not check if the information in the certificate is true, and you cannot take action against them if something goes wrong. You also cannot claim against the Crown if someone makes a mistake when registering a certificate, except as provided in subpart 3 of Part 2 of the Land Transfer Act 2017.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM291322.

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Part 1State houses
Easements

29Registration of easement certificates

  1. Any easement certificate issued by Kāinga Ora–Homes and Communities as aforesaid shall upon presentation for registration be registered by the Registrar-General of Land or Registrar of Deeds against the title to all land indicated in the certificate as affected thereby. An easement certificate shall not be registered as aforesaid unless there is a registered title to all land indicated in the certificate as affected thereby.

  2. Any easement certificate may be registered as aforesaid notwithstanding that the Sovereign is the sole registered owner of all land indicated in the certificate as affected thereby.

  3. Any easement certificate may be varied, or may be cancelled in respect of all or any of the land indicated in the certificate as affected thereby,—

  4. by the issue by Kāinga Ora–Homes and Communities of a further similar certificate specifying the manner in which the easement certificate is to be varied or the extent to which the certificate is to be cancelled:
    1. by consent of the owners for the time being of all the land against the title to which the certificate is for the time being registered:
      1. by order of the High Court made, subject to section 30, on application to the High Court in that behalf.

        1. Any certificate, consent, or order to which subsection (3) relates shall, upon presentation for registration, be registered by the Registrar-General of Land as if it were an easement certificate.

        2. A registration fee prescribed under the Land Transfer Act 2017 is payable on any certificate, consent, or order which may be registered under this section.

        3. Notwithstanding any rule of law or enactment to the contrary, any easement certificate registered under this section shall be deemed to be binding on any prior or subsequent mortgagee of any of the land or of any interest in any of the land affected by the certificate, and no consent under the Local Government Act 2002 or otherwise shall be necessary to the issue or registration thereof.

        4. Repealed

        5. The Registrar-General of Land shall not be concerned to inquire as to the truth of any statement contained in any certificate presented for registration under this section, and no action shall lie against the Crown or the Registrar-General of Land or any other person (other than Kāinga Ora–Homes and Communities) on behalf of the Crown in respect of any such registration.

        6. No person shall have any claim against the Crown under subpart 3 of Part 2 of the Land Transfer Act 2017 by reason of any omission, mistake, or misfeasance of any person other than the Registrar-General of Land or his officers or clerks in relation to the registration of a certificate under this section.

        Compare
        Notes
        • Section 29(1): amended, on , by section 33 of the Kāinga Ora–Homes and Communities Act 2019 (2019 No 50).
        • Section 29(1): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
        • Section 29(2): editorial change made by the PCO, on , under sections 86(1) and 87(a) of the Legislation Act 2019 (2019 No 58).
        • Section 29(2): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
        • Section 29(3)(a): amended, on , by section 33 of the Kāinga Ora–Homes and Communities Act 2019 (2019 No 50).
        • Section 29(3)(c): amended, on , pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).
        • Section 29(4): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
        • Section 29(5): amended, on , by section 65 of the Statutes Amendment Act 2025 (2025 No 74).
        • Section 29(6): amended, on , by section 262 of the Local Government Act 2002 (2002 No 84).
        • Section 29(7): repealed, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
        • Section 29(8): amended, on , by section 33 of the Kāinga Ora–Homes and Communities Act 2019 (2019 No 50).
        • Section 29(8): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
        • Section 29(9): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).