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Public Works Act 1981

Gazetting, revocation, amendment, and registration of documents

57: Plan and Proclamation or declaration to be registered

You could also call this:

“Government must register when they take land for public works”

When the government takes or uses land for public works, they need to register this information. The Minister must give a copy of the document (called a Proclamation or declaration) that takes the land, and any plans mentioned in it, to the Registrar-General of Land. The Registrar-General will register this information for free.

If the land isn’t already under the Land Transfer Act 2017, the Registrar-General will record the information in a special book. Once this is done, the land will then come under the Land Transfer Act 2017.

If there’s a small mistake in the Proclamation or declaration, it won’t stop the registration from happening for land that is correctly affected.

For land that’s already under the Land Transfer Act 2017, the Registrar-General will register the Proclamation or declaration and plan against that land.

This process helps keep track of what land the government is using for public works, and makes sure everyone knows about it.

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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=DLM46327.

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56: Minor misdescription not to invalidate documents, or

"Small mistakes in land descriptions don't make government announcements invalid"

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58: Proclamation or declaration not registrable to be lodged with Chief Surveyor, or

"Send unregistered land documents to Chief Surveyor for record-keeping"

Part 4 Gazetting, revocation, amendment, and registration of documents

57Plan and Proclamation or declaration to be registered

  1. Except as provided in section 58, the Minister shall cause a copy of every Proclamation or declaration taking or acquiring or setting apart land and of any plan referred to in it not already held by the Registrar-General of Land, to be registered without fee by the Registrar-General of Land.

  2. If the land is not subject to the Land Transfer Act 2017—

  3. the Registrar-General of Land shall cause an entry of the Proclamation or declaration and plan to be made under the proper heading or title in the index book of the Deeds Register Office; and
    1. upon such registration the land shall thereupon become subject to the Land Transfer Act 2017.

      1. An error in any Proclamation or declaration shall not of itself prevent its registration in respect of the titles to land validly affected.

      2. If the land is subject to the Land Transfer Act 2017, the Registrar-General of Land must register the Proclamation or declaration and plan against the land.

      3. Repealed
      Compare
      • 1928 No 21 s 28
      Notes
      • Section 57(1): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
      • Section 57(2): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
      • Section 57(2)(a): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
      • Section 57(2)(b): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
      • Section 57(4): replaced, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
      • Section 57(5): repealed, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).