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Housing Act 1955

Accounts and miscellaneous - Miscellaneous

36: Execution of documents

You could also call this:

"Who can sign important papers for the Housing Act"

Illustration for Housing Act 1955

When the government needs to sign a document for the Housing Act, Kāinga Ora–Homes and Communities or the Minister can sign it. You can think of Kāinga Ora–Homes and Communities as a group that helps with housing. The Minister is a person in charge of making big decisions. If the government sells some land, Kāinga Ora–Homes and Communities can give the new owner the papers to prove they own it. This is like handing over the keys to a new house. The land being sold must have been used for State housing before. When Kāinga Ora–Homes and Communities asks the Registrar-General of Land to do something, it is like the Minister asking. The Registrar-General of Land is in charge of keeping track of who owns which land. If the government buys some land for State housing, they do not need the person selling it to sign any papers. This makes it easier for the government to buy land for housing. For the Fencing Act 1908, Kāinga Ora–Homes and Communities and the Minister are considered the people in charge of State housing land. You do not need to check if they really have the power to make decisions about the land. The Fencing Act 1908 is a law that talks about fences and who is responsible for them.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM291344.

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Topics:
Housing and property > Buying and selling homesHousing and property > Land useGovernment and voting > Government departments
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Part 2Accounts and miscellaneous
Miscellaneous

36Execution of documents

  1. Any deed or document required to be executed on behalf of the Crown for the purposes of this Act may be executed on behalf of the Crown by Kāinga Ora–Homes and Communities, or by the Minister, or by any person authorized by the Minister in that behalf either generally or in respect of any specified deed or document or of any specified class or classes of deeds or documents.

  2. Kāinga Ora–Homes and Communities may execute on behalf of the Crown a transfer to any purchaser of the estate or interest of the Crown in any land which has been sold to that purchaser either before or after the commencement of this Act (whether that estate or interest is an estate in fee simple or a lesser estate or interest in the land) if immediately before the sale the land was State housing land.

  3. For the purposes of section 47 of the Public Works Act 1981, any request made by Kāinga Ora–Homes and Communities to the Registrar-General of Land shall have the same effect as a like request made by the Minister of Lands.

  4. Notwithstanding anything to the contrary in any Act or rule of law, it shall not be necessary for any transfer instrument to the Crown of any land acquired for State housing purposes to be executed by or on behalf of the transferee.

  5. For the purposes of the Fencing Act 1908, the occupier of any State housing land shall be deemed to include Kāinga Ora–Homes and Communities and the Minister; and no person shall be concerned to inquire into the validity of any notice purporting to be signed by or on behalf of Kāinga Ora–Homes and Communities or the Minister.

Compare
  • 1919 No 32 ss 32, 33
  • 1940 No 14 s 10
  • 1947 No 60 s 23
  • 1950 No 93 s 26
Notes
  • Section 36(1): amended, on , by section 33 of the Kāinga Ora–Homes and Communities Act 2019 (2019 No 50).
  • Section 36(2): amended, on , by section 33 of the Kāinga Ora–Homes and Communities Act 2019 (2019 No 50).
  • Section 36(2): amended, on , by section 2(a) of the Housing Amendment Act 1971 (1971 No 101).
  • Section 36(2) proviso: repealed, on , by section 2(b) of the Housing Amendment Act 1971 (1971 No 101).
  • Section 36(3): replaced, on , by section 2 of the Housing Amendment Act 1988 (1988 No 66).
  • Section 36(3): amended, on , by section 33 of the Kāinga Ora–Homes and Communities Act 2019 (2019 No 50).
  • Section 36(3): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
  • Section 36(4): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
  • Section 36(5): amended, on , by section 33 of the Kāinga Ora–Homes and Communities Act 2019 (2019 No 50).