39Vesting of interest in reclaimed land subject to this subpart

1. The Minister may, by notice in the Gazette, vest in an applicant an interest in reclaimed land subject to this subpart if the Minister is satisfied that—

2. the vesting is in accordance with a determination made under section 36(1), as varied by any variations under section 38(3); and
3. any conditions imposed under section 36(1)(c) have been complied with or that adequate provision has been made to ensure that those conditions will be complied with; and
4. a certificate under section 245(5)(b) of the Resource Management Act 1991 has been issued in respect of the reclaimed land.

5. Every Gazette notice published under subsection (1) must—

6. state the name of the applicant in whom the interest is vested and describe the position and extent of the reclaimed land; and
7. describe the interest vested; and
8. describe any encumbrances or restrictions imposed on the interest, including any restrictions that apply under section 44; and
9. where the interest vested is a freehold interest and in any other case where the Minister considers it appropriate, be sent by the Minister to the Registrar, with a request that a record of title be issued accordingly; and
10. where the Registrar receives a request under paragraph (d), be registered by the Registrar after receipt from the Minister.

11. The Registrar must, in accordance with a request made under subsection (2)(d),—

12. issue a record of title in respect of the interest in the land vested by the Gazette notice; and
13. record on that record of title—
    1. that the land is reclaimed land subject to subpart 3 of Part 2 of the Marine and Coastal Area (Takutai Moana) Act 2011; and
    2. where the interest vested is a freehold interest, that the disposition of the freehold interest in that land is restricted by that subpart.