Civil Aviation Act 2023

Airports - Airport operators

229: Holding and disposal of land

You could also call this:

"Rules for airports about owning and selling land"

If you are dealing with an airport that is not run by a local council, there are rules to follow. The person in charge, called the chief executive, can stop certain actions from happening on the airport land to protect people's interests. This is done by lodging a caveat under section 138 of the Land Transfer Act 2017, which is related to section 40(2) of the Public Works Act 1981. The chief executive must follow certain rules when getting rid of airport land, including rules from the Public Works Act 1981 and Te Ture Whenua Maori Act 1993. You need to know that the chief executive is the person in charge within the meaning of section 4 of the Cadastral Survey Act 2002.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS826074.


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Part 7Airports
Airport operators

229Holding and disposal of land

  1. This section applies in respect of an airport operated by an airport operator that is not a local authority.

  2. The chief executive may lodge a caveat under section 138 of the Land Transfer Act 2017 against dealings in relation to any land forming part of the airport to protect any interest of persons to have that land offered to them under section 40(2) of the Public Works Act 1981.

  3. It is the chief executive and not the airport operator who must comply with sections 40 and 41 of that Act and, where relevant, section 134 of Te Ture Whenua Maori Act 1993 in relation to any disposal of the land.

  4. In this section, chief executive means the chief executive within the meaning of section 4 of the Cadastral Survey Act 2002.

  5. For the purposes of this section,—

  6. the rights of persons referred to in subsection (2) are an interest in land for the purposes of section 138 of the Land Transfer Act 2017; and
    1. in stating that interest, it is sufficient for the caveat to refer to sections 40 to 42 of the Public Works Act 1981 and this section.