Plain language law

New Zealand law explained for everyone

Reserves Act 1977

Miscellaneous provisions - General provisions

116: Record of title in respect of reserves

You could also call this:

"Who owns a reserve and why it's protected"

Illustration for Reserves Act 1977

When you want to know who owns a piece of land that is a reserve, the Registrar-General of Land must give you a record of title. This record says the land is owned by the Sovereign, which means the Queen or King. The record is made under the Land Transfer Act 2017. You can find the Land Transfer Act 2017 on the New Zealand legislation website. The record of title will say why the land is being held as a reserve.

If the survey of the reserve is not good enough, the Registrar-General of Land can still issue a record of title. This record will say it is not a perfect match. You can read about this in section 17(1)(a) of the Land Transfer Act 2017.

The Registrar-General of Land must update the record of title if it does not say why the land is being held as a reserve. They will do this for free if they get a certificate from the Commissioner saying why the land is being held.

If someone has the right to use the land, they can register this with the Registrar-General of Land. The Registrar-General of Land must then note this on the record of title. You can register things like this under the Land Transfer Act 2017.

If the government decides to stop a reserve, the record of title will be cancelled. This will happen when the Commissioner asks the Registrar-General of Land to cancel it.

A copy of any decision about a reserve can be sent to the Registrar-General of Land. They will then record this decision and add it to the record of title. This can be done under the Legislation Act 2019 or the Land Transfer Act 2017.

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 It might be out of date or be missing some parts.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=DLM445066.

Topics:
Housing and property > Land useEnvironment and resources > Conservation
Previous

115: Transfers, subleases, and mortgages, or

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

Next

117: Commissioner may execute documents on behalf of the Crown, or

"The Commissioner can sign important papers on behalf of the Government."

Part 5Miscellaneous provisions
General provisions

116Record of title in respect of reserves

  1. The Registrar-General of Land must, on the written request of the Commissioner, issue a record or records of title under the Land Transfer Act 2017 in the name of the Sovereign in respect of any land for the time being comprised in any reserve vested in the Crown.

  2. If the survey of the reserve is inadequate for the purposes of section 224 of the Land Transfer Act 2017, the Registrar-General of Land may issue a record of title qualified as described in section 17(1)(a) of the Land Transfer Act 2017.

  3. Repealed

  4. Repealed

  5. Repealed

  6. Every record of title referred to in this section shall include a reference to the purpose for which the land is held. Where an existing record of title does not include such a reference, the Registrar-General of Land shall, without fee, upon receipt of a certificate under the hand of the Commissioner stating the purpose for which the land is held, update the record accordingly.

  7. Any instrument that relates to the land in any such record of title and is duly executed by a person having the proper authority may be registered in accordance with the Land Transfer Act 2017, and the Registrar-General of Land must note the interest on the record of title.

  8. A copy of any resolution gazetted under section 14 or of any notice by the Minister under this Act and published in the Gazette or under the Legislation Act 2019 may be forwarded to the Registrar-General of Land or the Registrar of Deeds, as the case may require, who shall thereupon, without payment of any fee, record the copy of the resolution or notice and register it against the appropriate title (if any).

  9. Where upon the revocation of the reservation of any reserve or part of any reserve the land comprised therein or, as the case may be, part of that land becomes Crown land, any record of title or other instrument of title in respect of the land shall, on application by the Commissioner to the Registrar-General of Land or the Registrar of Deeds, as the case may require, be cancelled or, as the case may be, cancelled in so far as it relates to that part of the land.

Compare
  • 1953 No 69 s 100
Notes
  • Section 116 heading: amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
  • Section 116(1): replaced, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
  • Section 116(2): replaced, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
  • Section 116(3): repealed, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
  • Section 116(4): repealed, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
  • Section 116(5): repealed, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
  • Section 116(6): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
  • Section 116(7): replaced, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
  • Section 116(8): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
  • Section 116(8): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
  • Section 116(9): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).