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Reserves Act 1977

Miscellaneous provisions - General provisions

114: Variation of covenants, terms, and conditions in leases and licences

You could also call this:

"Changing the rules for using a reserve: what you need to do"

Illustration for Reserves Act 1977

You can change the rules in a lease or licence for a reserve, but you must follow some conditions. This is subject to section 17ZC of the Conservation Act 1987, if the reserve is not managed by a body. You can change the rules by creating a document that says what is changing, and this document must be signed by the people in charge of the reserve and the person leasing or licensing it.

If the lease or licence is registered, you must also register the changes with the Registrar-General of Land, who will update the records. The Registrar-General of Land is a person who keeps track of all the land records in New Zealand.

You must get the bank's permission if the lease or licence is being used as security for a loan, and the bank has not agreed to the changes in writing. Some leases, like those for railway purposes, have different rules and are governed by the New Zealand Railways Corporation Act 1981.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM445052.

Topics:
Housing and property > Land useEnvironment and resources > Conservation
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Part 5Miscellaneous provisions
General provisions

114Variation of covenants, terms, and conditions in leases and licences

  1. Subject to section 17ZC of the Conservation Act 1987 (in the case of a reserve other than a reserve vested in an administering body), the covenants, terms, conditions, and restrictions expressed or implied in any agreement, concession, lease, or licence under this Act may at any time be expressly varied, negatived, or added to by a memorandum of variation containing such particulars as may be necessary in the circumstances of the case.

  2. The memorandum of variation must be executed by the administering body and by the lessee or licensee, and, if the lease or licence is registered with the Registrar-General of Land, the memorandum of variation must be registered with the Registrar-General of Land, who must record it on the relevant record of title.

  3. If the interest of the lessee or licensee is at the time of registration of the memorandum of variation subject to a mortgage, the memorandum shall not be binding on the mortgagee unless he or she has consented in writing thereto in the memorandum.

  4. Nothing in the foregoing provisions of this section shall apply with respect to any lease over any government purpose reserve for railway purposes, and the appropriate provisions of the New Zealand Railways Corporation Act 1981 shall apply with respect to variations of such leases.

  5. Repealed
Notes
  • Section 114(1): amended, on , by section 17(1)(a) of the Reserves Amendment Act 1996 (1996 No 3).
  • Section 114(1): amended, on , by section 17(1)(b) of the Reserves Amendment Act 1996 (1996 No 3).
  • Section 114(2): replaced, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
  • Section 114(4): amended, on , pursuant to section 120(1) of the New Zealand Railways Corporation Act 1981 (1981 No 119).
  • Section 114(5): repealed, on , by section 6 of the Reserves Amendment Act 2015 (2015 No 32).