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Public Works Act 1981

Dealing with land held for public works

47: Issue of record of title to land held for public work

You could also call this:

“Getting official papers to show the government owns land for public use”

When the government or a local council gets land for public works, they need to get a special document called a record of title. This document shows that they own the land. To get this document, they ask the Registrar-General of Land. The Registrar-General of Land is like a special government worker who keeps track of who owns land.

Before the record of title is made, sometimes they need to measure the land. This is called a survey. Once any surveys are done, the Minister or the local council can ask for the record of title. This document will say who owns the land (either the government or the local council) and what the land is being used for.

If someone with the right authority wants to do something with the land, they can sign a document about it. This document can then be registered, which means it’s officially recorded, following the rules of the Land Transfer Act 2017.

However, there’s an exception. If there’s already a different law that says how to get a record of title for government land, then they don’t use this process.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM46301.

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Part 3 Dealing with land held for public works

47Issue of record of title to land held for public work

  1. Except as provided in subsection (4), where any land has become vested in the Crown or a local authority under this Act or any former Act relating to public works, the Registrar-General of Land, on the completion of such surveys (if any) as may be necessary, shall at the request of the Minister or local authority issue a record of title for the estate in the land or part of the land specified in the request in the name of the Crown or local authority, as the case may require, and that record of title shall include a reference to the purposes (if any) for which the land is held, and may be subject to any relevant encumbrances or restrictions.

  2. Any instrument which relates to the land in any such record of title and which is duly executed by a person having the necessary authority may thereafter be registered in accordance with the provisions of the Land Transfer Act 2017.

  3. Repealed

  4. Nothing in this section shall apply to any land vested in the Crown in respect of which provision is made by any other Act for the issue of a record of title.

Compare
  • 1952 No 58 s 19
Notes
  • Section 47 heading: amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
  • Section 47(1): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
  • Section 47(1): amended, on , by section 3 of the Public Works Amendment Act 1983 (1983 No 150).
  • Section 47(2): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
  • Section 47(3): repealed, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
  • Section 47(4): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).