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Marine and Coastal Area (Takutai Moana) Act 2011

Common marine and coastal area - Reclaimed land - Rights of first refusal

44: Restrictions on disposition of freehold interest

You could also call this:

"Rules for selling or giving away land you own"

Illustration for Marine and Coastal Area (Takutai Moana) Act 2011

You have a freehold interest in some land. This means you own the land. You can't sell or give away this land unless you follow the rules in section 45. If you do follow these rules, you can sell or give away the land. If a company owns the land, it can sell or give it to another company in the same group. It can also sell or give it to a related company. If the sale or gift affects other things, not just the land, it is allowed. The Minister can give you a certificate if you sell or give away the land. This certificate proves you followed the rules. You need this certificate to register the sale or gift. When you register the sale or gift, you must show the certificate. If the certificate says you followed the rules, the record of the land will be updated. This means you can sell or give away the land again without following the special rules.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3213343.

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43: Land reclaimed from customary marine title areas by customary marine title groups, or

"Reclaiming land that was once under the sea and belonged to your iwi or hapū"

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45: Offers to Minister, iwi or hapū, or public, or

"Notifying the Minister or public about selling reclaimed land"

Part 2Common marine and coastal area
Reclaimed land: Rights of first refusal

44Restrictions on disposition of freehold interest

  1. For as long as a record of title issued for reclaimed land subject to this subpart contains a record made under section 39(3)(b), the freehold interest in the land may not be disposed of otherwise than in accordance with section 45, but if that record is removed (in accordance with subsection (6) of this section) following a disposition in accordance with section 45, the freehold interest may be disposed of in any lawful way.

  2. However, the restriction in subsection (1) does not apply to a disposition that—

  3. is made by a company to another company if both companies are—
    1. members of the same group (within the meaning of section 5 of the Financial Reporting Act 2013); or
      1. related companies (within the meaning of section 2(3) of the Companies Act 1993); or
      2. affects not solely the freehold interest in the reclaimed land, but also 1 or more other assets.

        1. The Minister may, at the request of the proprietor of the freehold interest and on payment of any fees payable under regulations made under this Act, sign a certificate stating that the freehold interest in reclaimed land has been disposed of in accordance with section 45 or that the disposition is permitted by subsection (2).

        2. A certificate signed under subsection (3) is conclusive evidence of the matter stated in the certificate.

        3. A transfer instrument purporting to effect a disposition to which subsection (1) applies—

        4. may not be presented for registration under the Land Transfer Act 2017 unless the Minister has signed a certificate in respect of the disposition under subsection (3); and
          1. must, on being presented for registration under that Act, be accompanied by that certificate.

            1. If the certificate presented under subsection (5)(b) states that the freehold interest in reclaimed land has been disposed of in accordance with section 45, the Registrar must on registration of the transfer instrument remove from the record of title the record made under section 39(3)(b).

            Notes
            • Section 44(1): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
            • Section 44(2)(a)(i): amended, on , by section 126 of the Financial Reporting (Amendments to Other Enactments) Act 2013 (2013 No 102).
            • Section 44(5)(a): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
            • Section 44(6): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).