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Reserves Act 1977

Miscellaneous provisions - General provisions

115: Transfers, subleases, and mortgages

You could also call this:

"Rules for selling, lending, or giving away your lease for a reserve"

Illustration for Reserves Act 1977

If you have a lease or licence for a reserve, you must get permission from the administering body before you transfer, sublease, mortgage, or dispose of your interest in any way. The administering body has the power to refuse your application or grant permission with conditions. When you apply for permission, the administering body will consider your request and make a decision.

If your lease or licence was issued under certain conditions, the administering body will only grant permission to transfer or sublease to a voluntary organisation with similar aims and objects. You can find more information about these conditions in section 54(1).

There are some exceptions to these rules, such as leases over government purpose reserves for railway purposes, which 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=DLM445059.

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Part 5Miscellaneous provisions
General provisions

115Transfers, subleases, and mortgages

  1. Where a lease or licence includes a right to transfer, the lessee or licensee shall not transfer, sublease, mortgage, or otherwise dispose of his or her interest or any part thereof in the lease or licence without the consent of the administering body.

  2. The administering body shall at all times have power in the public interest and in its discretion to refuse any application for consent whatsoever or to grant its consent subject to such conditions as it thinks fit.

  3. The administering body shall not grant its consent to a transfer or sublease of a lease or licence issued under paragraph (b) or paragraph (c) of section 54(1) unless the transferee or sublessee is a voluntary organisation whose aims and objects are similar to those of the lessee or licensee.

  4. Repealed

  5. 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 transfers, subleases, and mortgages of such leases.

  6. Repealed
Notes
  • Section 115(1): amended, on , by section 18(1)(a) of the Reserves Amendment Act 1996 (1996 No 3).
  • Section 115(2): amended, on , by section 18(1)(b) of the Reserves Amendment Act 1996 (1996 No 3).
  • Section 115(3): amended, on , by section 18(1)(c) of the Reserves Amendment Act 1996 (1996 No 3).
  • Section 115(4): repealed, on , by section 18(1)(d) of the Reserves Amendment Act 1996 (1996 No 3).
  • Section 115(5): amended, on , pursuant to section 120(1) of the New Zealand Railways Corporation Act 1981 (1981 No 119).
  • Section 115(6): repealed, on , by section 7 of the Reserves Amendment Act 2015 (2015 No 32).