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Treaty of Waitangi Act 1975

8E: Issue of certificate on recommendation of Tribunal

You could also call this:

"The Minister gives a special certificate when the Tribunal says some land is safe from being taken back."

When a Tribunal makes a recommendation about some land, the Minister will issue a certificate. This certificate says the land is no longer subject to resumption under section 27B of the State-Owned Enterprises Act 1986 or section 569 of the Education and Training Act 2020. The Minister gets this recommendation from the Tribunal.

If the land is subject to the Land Transfer Act 2017, the Minister will give a copy of the certificate to the Registrar-General of Land. The Registrar-General of Land will then register the certificate and remove any notes that say the land can be taken back.

If the land is not subject to the Land Transfer Act 2017, the Minister will give a copy of the certificate to the Surveyor-General. The Surveyor-General will note the certificate on the plans and records for that area.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM435569.

Topics:
Māori affairs > Treaty of WaitangiHousing and property > Land use
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8D: Special power of Tribunal to recommend that land be no longer liable to resumption, or

"The Tribunal can help stop the government from taking certain land if you ask them and others agree."

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8F: Directions as to service, or

"Asking the Tribunal for help to notify others about your application"

8EIssue of certificate on recommendation of Tribunal

  1. The Minister within the meaning of section 4 of the Cadastral Survey Act 2002 shall, on receiving in respect of any land or interest in land a recommendation under—

  2. section 8A(2)(a) or section 8A(2)(b) or section 8A(2)(c); or
    1. section 8D(1),—
        1. issue a certificate to the effect that the land or interest in land is no longer subject to resumption under section 27B of the State-Owned Enterprises Act 1986 or section 569 of the Education and Training Act 2020.

      1. Where the land or the land in which the interest in land exists is subject to the Land Transfer Act 2017, the Minister within the meaning of section 4 of the Cadastral Survey Act 2002 shall cause a copy of the certificate to be lodged with the Registrar-General of Land.

      2. The Registrar-General of Land shall, without fee,—

      3. register the certificate against the record of title to the land or interest in land; and
        1. take all steps necessary to discharge or cancel any memorials or entries showing that the land or interest in land is subject to resumption under section 27B of the State-Owned Enterprises Act 1986 or section 569 of the Education and Training Act 2020.

          1. Where—

          2. the land or the land in which the interest in land exists is not subject to the Land Transfer Act 2017; and
            1. instruments relating to the land or the interest in land are not registrable under the Deeds Registration Act 1908,—
                1. the Minister within the meaning of section 4 of the Cadastral Survey Act 2002 shall cause a copy of the certificate to be lodged in the office of the Surveyor-General, and the Surveyor-General shall note the certificate upon the proper plans and records of the district affected.

              Notes
              • Section 8E: inserted (with effect on 9 December 1987), on , by section 4 of the Treaty of Waitangi (State Enterprises) Act 1988 (1988 No 105).
              • Section 8E(1): amended, on , by section 668 of the Education and Training Act 2020 (2020 No 38).
              • Section 8E(1): amended, on , pursuant to section 68(2) of the Cadastral Survey Act 2002 (2002 No 12).
              • Section 8E(1): amended, on , by section 5 of the Survey Amendment Act 1996 (1996 No 55).
              • Section 8E(1): amended, on , by section 50(1) of the Education Amendment Act 1990 (1990 No 60).
              • Section 8E(2): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
              • Section 8E(2): amended, on , pursuant to section 68(2) of the Cadastral Survey Act 2002 (2002 No 12).
              • Section 8E(2): amended, on , by section 5 of the Survey Amendment Act 1996 (1996 No 55).
              • Section 8E(3): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
              • Section 8E(3)(a): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
              • Section 8E(3)(b): amended, on , by section 668 of the Education and Training Act 2020 (2020 No 38).
              • Section 8E(3)(b): amended, on , by section 50(1) of the Education Amendment Act 1990 (1990 No 60).
              • Section 8E(4): amended, on , pursuant to section 68(2) of the Cadastral Survey Act 2002 (2002 No 12).
              • Section 8E(4): amended, on , pursuant to section 69(1) of the Cadastral Survey Act 2002 (2002 No 12).
              • Section 8E(4): amended, , by section 5 of the Survey Amendment Act 1996 (1996 No 55).
              • Section 8E(4)(a): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).