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Public Works Act 1981

Acquisition of land for public works - Miscellaneous provisions

35: Acquisition or taking of land not to operate as merger of interests

You could also call this:

“Keeping land rights separate when the government buys or takes land”

When the government or a local council takes or buys land for public works, it doesn’t automatically combine different interests in the land. For example, if you owned the land and also had a right to use it in a certain way, these wouldn’t automatically be merged into one. This merging only happens if the Minister or local council asks the Registrar-General of Land to note it on the land’s title, and the Registrar-General does so. This rule helps keep different rights and interests separate unless there’s a specific request to combine them.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM46039.

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Part 2 Acquisition of land for public works
Miscellaneous provisions

35Acquisition or taking of land not to operate as merger of interests

  1. The acquisition or taking of any land under this Act shall not operate as a merger of interests unless or until the Minister or local authority requests that such merger be noted against the title affected by the Registrar-General of Land and the merger is so noted.

Notes
  • Section 35: amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).