Land Transfer Act 2017

Dealings in estates and interests in land - Trusts

154: Trusts of reserves

You could also call this:

"Rules for looking after public reserve land"

Illustration for Land Transfer Act 2017

When a public reserve is given to someone, they hold the land according to any rules that apply to it. You need to know that these rules come from the law or document that gives them the land. The person in charge must tell the Registrar about any changes to these rules. If land is given to someone under a law, they get it according to the rules of that law. They hold the land in the role given by the law and must follow any rules that apply. The Registrar must record these rules and any changes to them. The Registrar cannot register anything that would negatively affect the rules applying to a public reserve. A public reserve is land that is set aside for a special purpose, like a park or a conservation area, as defined in the Reserves Act 1977. The responsible chief executive is the person in charge of the government department that looks after the law applying to the public reserve.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6731334.

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Part 3Dealings in estates and interests in land
Trusts

154Trusts of reserves

  1. The person in whom a public reserve is vested holds the land subject to any trust to which the land is subject under the enactment or instrument that vests the land in that person.

  2. The responsible chief executive must give notice to the Registrar of the creation, alteration, or revocation under any enactment of a trust affecting a public reserve.

  3. The Registrar must record the trust, alteration, or revocation in the register.

  4. Land, other than a public reserve, that is vested in or transferred to a person under an enactment, the title of which is recorded in the register, vests in that person—

  5. in the capacity in which the land is held under the enactment; and
    1. subject to any trusts on which the land is held under the enactment.
      1. The Registrar must not register an instrument or record any matter in the register that prejudicially affects a trust on which an estate or interest in a public reserve or land to which this section applies is subject.

      2. In this section,—

        public reserve means land subject to this Act that—

        1. is a reserve as defined in section 2(1) of the Reserves Act 1977; or
          1. is vested in a person under an enactment or instrument as a public reserve or for a special purpose

            responsible chief executive means the chief executive of the department or ministry that, with the authority of the Prime Minister, is for the time being responsible for the administration of the enactment under which the trust that affects the public reserve is created, altered, or revoked.

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