Plain language law

New Zealand law explained for everyone

National Parks Act 1980

Miscellaneous provisions

73: Assets, liabilities, and rights of former Authority and boards transferred to Crown

You could also call this:

"Old park groups' stuff now belongs to the government"

When this law started, everything that belonged to the old National Parks Authority and boards became the property of the Crown (which means the government). This includes all their stuff, money, agreements, and responsibilities. Any ongoing legal matters also became the Crown's responsibility.

The money that the Crown got from this change must be put into a special government bank account. It will be used as stated in section 57 of this law.

If the Director-General asks, the Registrar must update their records to show that the land and property now belong to the Crown. They don't have to pay a fee to do this.

Any documents that mention the old Authority or boards should now be understood to mean the Crown, unless it doesn't make sense in that situation.

People who keep official records don't have to change all the references from the old Authority or boards to the Crown just because of this law. But if they get a document that says it's from the Crown, talks about property that used to belong to the old Authority or boards, and mentions this law, they should accept it as proof that the Crown now owns that property.

This law doesn't change the rules in the Land Transfer Act 2017, except for the specific things mentioned about updating records.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM38517.

Topics:
Environment and resources > ConservationGovernment and voting > Government departments
Previous

72: Former Authority and boards to cease to exist, or

"Old national park groups disbanded when new law started"

Next

74: Director-General may execute documents on behalf of the Crown, or

"The Director-General can sign important papers for the government"

Part 8Miscellaneous provisions

73Assets, liabilities, and rights of former Authority and boards transferred to Crown

  1. On the commencement of this Act,—

  2. all real and personal property belonging to the Authority established under section 4 of the National Parks Act 1952, or any board established under sections 16 to 18 of that Act (in this section referred to as the former Authority and any former board) shall vest in the Crown subject to all charges and trusts affecting that property:
    1. all money payable to the former Authority or any former board shall become payable to the Crown:
      1. all contracts, engagements, and liabilities, and all rights and authorities of any nature whatever of the former Authority or any former board shall become contracts, engagements, liabilities, rights, and authorities of the Crown:
        1. all proceedings pending by or against the former Authority or any former board may be carried on, completed, and enforced by or against the Crown.

          1. All money vested in the Crown by subsection (1) shall be paid into a Crown Bank Account and shall be applied in accordance with section 57 as money received under this Act.

          2. Subject to subsection (5), the Registrar, on receiving a written request from the Director-General incorporating a reference to this section, shall, without fee, make such entries in his registers and on any outstanding documents of title and generally do all such things as may be necessary to give effect to the provisions of subsection (1) in respect of land and interests in land specified in the request.

          3. All references to the former Authority or any former board in any security or other document whatever (not being an enactment) that is subsisting immediately before the date of commencement of this Act, or in any notice or other communication served, given, or sent before, on, or after that date in relation to any such security or other document shall, unless the context otherwise requires, be read as references to the Crown.

          4. No Registrar of Deeds or Registrar or any other person charged with the keeping of any books or registers shall be obliged, solely by the provisions of this section, to change any reference to the former Authority or any former board to a reference to the Crown in his books or registers or in any document in his charge; but the presentation to any such Registrar or other person of any instrument—

          5. executed or purporting to be executed on behalf of the Crown; and
            1. relating to any property held immediately before the commencement of this section by the former Authority or any former board; and
              1. containing a recital that the property has become vested in the Crown by virtue of the provisions of this section—
                  1. shall, in the absence of proof to the contrary, be sufficient evidence that the property is vested in the Crown.

                1. Except as provided in subsections (3) and (5), nothing in this section shall derogate from the provisions of the Land Transfer Act 2017.

                Notes
                • Section 73(2): amended, on , pursuant to section 83(7) of the Public Finance Act 1989 (1989 No 44).
                • Section 73(3): amended, on , pursuant to section 38(2) of the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 (2002 No 11).
                • Section 73(5): amended, on , pursuant to section 38(2) of the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 (2002 No 11).
                • Section 73(6): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).