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Land Transfer Act 2017

Miscellaneous applications and other matters - Applications for title based on adverse possession

159: Certain applications prohibited

You could also call this:

"Some land can't be applied for under certain rules"

Illustration for Land Transfer Act 2017

You cannot make an application under section 155 in certain cases. You cannot make this application for land owned by the Crown, except when section 170 applies. You also cannot make this application for Māori land as defined in section 4 of Te Ture Whenua Maori Act 1993. You cannot make this application for land owned by a local authority or land held in trust for a public purpose. This also applies to land occupied with adjoining land due to a mistaken boundary marking. You cannot make this application for land occupied with adjoining land due to a change in a river or stream's course, or because the land is isolated by a natural feature or road.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6731349.

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Part 4Miscellaneous applications and other matters
Applications for title based on adverse possession

159Certain applications prohibited

  1. An application under section 155 may not be made in the case of—

  2. land owned by the Crown, other than land to which section 170 applies:
    1. Māori land as defined in section 4 of Te Ture Whenua Maori Act 1993:
      1. land for which the registered owner of the fee simple is a local authority:
        1. land held in trust for a public purpose noted on the register under section 154:
          1. land occupied together with adjoining land by the owner of the adjoining land or by any other person because of a mistaken marking of a boundary between the pieces of land:
            1. land occupied together with adjoining land by the owner of the adjoining land or by any other person because of—
              1. a change in the course of a river, creek, or stream; or
                1. the isolation of the land from other land by a river, creek, or stream or other natural feature or by a road.

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