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Planning Bill

Enforcement and other matters - Miscellaneous - Vesting of reclaimed land

289: Vesting of reclaimed land

You could also call this:

"How to own reclaimed land that was once a riverbed or lakebed"

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You can apply to the Minister for Land Information to own land that is part of a riverbed or lakebed and is Crown land. This land must have been reclaimed or be planned for reclamation. The Minister will decide if you can own this land. You might need to pay a price for the land. The regional council must also issue a certificate under clause 72 of Schedule 7. The Minister will then publish a notice in the Gazette. The Gazette notice must include your name and a description of the land. It must also describe your rights to the land and any restrictions on it. The notice will be sent to the Registrar-General of Land, who will register it without a fee. The Registrar-General of Land must issue a record of title for the land. This is according to the request made by the Minister. Land that was once part of a riverbed or lakebed, but has been reclaimed, is included in this rule.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1532556.

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Part 6Enforcement and other matters
Miscellaneous: Vesting of reclaimed land

289Vesting of reclaimed land

  1. Any person may apply to the Minister for Land Information for any right, title, or interest in any land to be vested in that person if the land—

  2. forms part of a riverbed or lakebed that is Crown land; and
    1. has been reclaimed or is proposed to be reclaimed.
      1. The Minister for Land Information may, if they think fit, by notice in the Gazette, vest in the applicant any right, title, or interest in any area of reclaimed land that forms part of a riverbed or lakebed that is not within the coastal marine area and that is Crown land of after—

      2. determining an appropriate price (if any) to be paid by the applicant; and
        1. ensuring that the regional council has issued a certificate under clause 72 of Schedule 7.
          1. Every Gazette notice published under subsection (2) must—

          2. state the name of the person or local authority in whom or which the right, title, or interest is vested, and accurately describe the position and extent of the reclaimed land; and
            1. describe the right, title, or interest vested; and
              1. refer to any encumbrances or restrictions imposed on the applicant's right, title, or interest in the land; and
                1. be sent by the relevant Minister to the Registrar-General of Land, with a request that a record of title be issued accordingly; and
                  1. be registered, without fee, by the Registrar-General of Land as soon as practicable after receipt from the Minister.
                    1. The Registrar-General of Land must, in accordance with a request made under subsection (3)(d), issue an appropriate record of title in respect of the right, title, or interest in the land vested by the Gazette notice.

                    2. For the purposes of this section, references to land that forms part of a riverbed or lakebed include land which was part of that bed before it was reclaimed.