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Property Law Act 2007

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The powers and duties delegated are those of the Council as a “lessee”, “lessor”, “occupier”, “owner”, “territorial authority” or as otherwise specified.
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  • Section

    ss24-25

    Summary of Function or Power

    Duties (as party) in relation to written requirements for contracts relating to the disposition of land/interest in land, as specified. 

    Delegated Officer

    Manager Parks and Open Spaces
    Manager Property
    Property Management Lead
    Property Asset Advisor
    Strategic Property Advisor
    Property Officer
    Parks Services Lead
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  • Section

    ss28-47

    Summary of Function or Power

    Where a sale and/or purchase of real property has been approved by the Council, powers and duties (as vendor/purchaser) in relation to sales and other transactions as specified. 

    Delegated Officer

    Manager Property
    Property Management Lead
    Property Asset Advisor
    Strategic Property Advisor
    Property Officer
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  • Section

    ss208-216

    Summary of Function or Power

    Powers and duties (as lessor/ lessee) in relation to form, duration and effect of leases as specified.

    Restrictions: 

    a.  The execution of a document in the form of a deed is not delegated - see s9 of the Property Law Act 2007 re execution of a deed

    b.  The delegations in relation to notice under s214 include those of the Council as licensee/licensor in relation to a licence.

    c. Subject also to General Delegations - Property Management


    

    Delegated Officer

    Manager Parks and Open Spaces
    Manager Property
    Property Management Lead
    Property Asset Advisor
    Strategic Property Advisor
    Property Officer
    Parks Services Lead
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  • Section

    ss218-220 Sch 3, Parts 2-4

    Summary of Function or Power

    Powers and duties (as lessor/lessee) in relation to the implied covenants conditions and powers specified unless a contrary intention is expressed in the lease.

     

    Delegated Officer

    Manager Parks and Open Spaces
    Manager Property
    Property Management Lead
    Property Asset Advisor
    Strategic Property Advisor
    Property Officer
    Parks Services Lead
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  • Section

    s222

    Summary of Function or Power

    Duty (as lessee) to pay rent under a lease monthly in advance unless agreed otherwise; power (as lessor) to agree otherwise. 

    Delegated Officer

    Manager Parks and Open Spaces
    Manager Property
    Property Management Lead
    Property Asset Advisor
    Strategic Property Advisor
    Property Officer
    Parks Services Lead
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  • Section

    s223

    Summary of Function or Power

    No duty (as lessee) to put premises in good condition if premises are not in such condition at the commencement of the lease. 

    Delegated Officer

    Manager Parks and Open Spaces
    Manager Property
    Property Management Lead
    Property Asset Advisor
    Strategic Property Advisor
    Property Officer
    Parks Services Lead
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  • Section

    ss224 - 226

    Summary of Function or Power

    Except as otherwise provided, duty (as lessor) not to unreasonably withhold consent in the circumstances specified. 

    Delegated Officer

    Manager Parks and Open Spaces
    Manager Property
    Property Management Lead
    Property Asset Advisor
    Strategic Property Advisor
    Property Officer
    Parks Services Lead
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  • Section

    s227

    Summary of Function or Power

    Powers and duties (as lessee) re requiring lessee to pay reasonable legal expenses associated with obtaining consent if provided by the lease. 

    Delegated Officer

    Manager Parks and Open Spaces
    Manager Property
    Property Management Lead
    Property Asset Advisor
    Strategic Property Advisor
    Property Officer
    Parks Services Lead
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  • Section

    s228

    Summary of Function or Power

    Power (as lessee) to recover damages in the circumstances specified. 

    Delegated Officer

    Manager Parks and Open Spaces
    Manager Property
    Property Management Lead
    Property Asset Advisor
    Strategic Property Advisor
    Property Officer
    Parks Services Lead
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  • Section

    ss230-238

    Summary of Function or Power

    Powers and duties (as lessor/lessee/ person entitled) in relation to transactions concerning reversion. 

    Delegated Officer

    Manager Parks and Open Spaces
    Manager Property
    Property Management Lead
    Property Asset Advisor
    Strategic Property Advisor
    Property Officer
    Parks Services Lead
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  • Section

    ss240-242

    Summary of Function or Power

    Powers and duties (as assignee/ transferee/ transferor/assignor of a lease) re payment of rent, observing and enforcing covenants, implied covenants etc, as specified. 

    Delegated Officer

    Manager Parks and Open Spaces
    Manager Property
    Property Management Lead
    Property Asset Advisor
    Strategic Property Advisor
    Property Officer
    Parks Services Lead
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  • Section

    s244

    Summary of Function or Power

    Power (as lessor/licensor) to apply to a court for an order for possession of the land in the circumstances specified.

    Restriction: Subject also to General Delegations – Legal Proceedings

    Delegated Officer

    Manager Parks and Open Spaces
    Manager Property
    Property Management Lead
    Property Asset Advisor
    Strategic Property Advisor
    Property Officer
    Parks Services Lead
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  • Section

    s245

    Summary of Function or Power

    Powers and duties (as lessor/licensor) in exercising right to cancel a lease/licence in the circumstances specified. 

    Delegated Officer

    Manager Parks and Open Spaces
    Manager Property
    Property Management Lead
    Property Asset Advisor
    Strategic Property Advisor
    Property Officer
    Parks Services Lead
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  • Section

    s246

    Summary of Function or Power

    Power (as lessor/licensor) to exercise right to cancel lease/licence because of breach specified, only if requirements specified are met. 

    Delegated Officer

    Manager Parks and Open Spaces
    Manager Property
    Property Management Lead
    Property Asset Advisor
    Strategic Property Advisor
    Property Officer
    Parks Services Lead
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  • Section

    s247

    Summary of Function or Power

    Power (as lessee/licensee) to offer amount in reasonable compensation for a breach. 

    Delegated Officer

    Manager Parks and Open Spaces
    Manager Property
    Property Management Lead
    Property Asset Advisor
    Strategic Property Advisor
    Property Officer
    Parks Services Lead
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  • Section

    ss248 & 251

    Summary of Function or Power

    Powers and duties (as lessor/licensor) in relation to application to a court for an order for possession of land/compliance with court order.

    Restriction: Subject also to General Delegations – Legal Proceedings

    

    Delegated Officer

    Manager Parks and Open Spaces
    Manager Property
    Property Management Lead
    Property Asset Advisor
    Strategic Property Advisor
    Property Officer
    Parks Services Lead
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  • Section

    s249

    Summary of Function or Power

    Duty (as lessor/licensor) where a notice described has been served on a lessee/licensee, to serve a copy of the notice on all of the persons specified. 

    Delegated Officer

    Manager Parks and Open Spaces
    Manager Property
    Property Management Lead
    Property Asset Advisor
    Strategic Property Advisor
    Property Officer
    Parks Services Lead
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  • Section

    s253

    Summary of Function or Power

    Power (as lessee/licensee) to apply to a court for relief against cancellation/ proposed cancellation of a lease/licence on the ground specified.

    Restriction: Subject also to General Delegations – Legal Proceedings

    

    Delegated Officer

    Manager Parks and Open Spaces
    Manager Property
    Property Management Lead
    Parks Services Lead
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  • Section

    ss261-264

    Summary of Function or Power

    Powers and duties (as lessee/licensee) in relation to making an application to a court re a lessor’s refusal to enter into a renewal/sell the reversion.

    Restriction: Subject also to General Delegations – Legal Proceedings

    

    Delegated Officer

    Manager Parks and Open Spaces
    Manager Property
    Property Management Lead
    Parks Services Lead
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  • Section

    s266

    Summary of Function or Power

    Powers and duties (as lessee) with regard to the removal of lessee’s fixtures. 

    Delegated Officer

    Manager Parks and Open Spaces
    Manager Property
    Property Management Lead
    Property Asset Advisor
    Strategic Property Advisor
    Property Officer
    Parks Services Lead
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  • Section

    s267

    Summary of Function or Power

    Powers (as lessee) if evicted contrary to the express or implied terms of the lease. 

    Delegated Officer

    Manager Parks and Open Spaces
    Manager Property
    Property Management Lead
    Property Asset Advisor
    Strategic Property Advisor
    Property Officer
    Parks Services Lead
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  • Section

    s269

    Summary of Function or Power

    Duty (as insured lessor) not to require the lessee to meet the costs/ indemnify lessor/ pay damages in the circumstances specified; Duties (as lessor) to indemnify lessee in the circumstances specified. 

    Delegated Officer

    Manager Parks and Open Spaces
    Manager Property
    Property Management Lead
    Property Asset Advisor
    Strategic Property Advisor
    Property Officer
    Parks Services Lead
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  • Section

    s270

    Summary of Function or Power

    Powers (as lessor) where leased premises damaged/ destroyed by lessee/lessee’s agent. 

    Delegated Officer

    Manager Parks and Open Spaces
    Manager Property
    Property Management Lead
    Property Asset Advisor
    Strategic Property Advisor
    Property Officer
    Parks Services Lead
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  • Section

    s271

    Summary of Function or Power

    Powers (as lessor/lessee) to acknowledge/agree to matters relating to the costs of damage or destruction of uninsured/partly uninsured premises. 

    Delegated Officer

    Manager Parks and Open Spaces
    Manager Property
    Property Management Lead
    Property Asset Advisor
    Strategic Property Advisor
    Property Officer
    Parks Services Lead
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  • Section

    ss275-290

    Summary of Function or Power

    Powers and duties (as covenantor/ covenantee/person as applicable) in relation to covenants/implied covenants, including, without limitation, variation, enforcement etc. 

    Delegated Officer

    Manager Parks and Open Spaces
    Manager Property
    Property Management Lead
    Property Asset Advisor
    Strategic Property Advisor
    Property Officer
    Parks Services Lead
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  • Section

    ss291-300

    Summary of Function or Power

    Powers and duties (as grantor/grantee/ person as applicable) in relation to the creation, benefits, burdens, etc of easements. 

    Delegated Officer

    Manager Parks and Open Spaces
    Manager Property
    Property Management Lead
    Property Asset Advisor
    Strategic Property Advisor
    Property Officer
    Parks Services Lead
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  • Section

    ss307A-307C

    Summary of Function or Power

    Powers and duties (as covenantor/covenantee) in relation to covenants in gross; construction of and legal effect of covenants in gross as specified.

     

    Delegated Officer

    Manager Parks and Open Spaces
    Manager Property
    Property Management Lead
    Planning and Development Lead
    Property Officer
    Strategic Property Advisor
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  • Section

    ss308-309

    Summary of Function or Power

    Power (as person entitled) to serve notice on persons specified re undertaking/ contributing to costs of work as described. 

    Delegated Officer

    Manager Property
    Property Management Lead
    Planning and Development Lead
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  • Section

    s310

    Summary of Function or Power

    Right (as person bound) to serve cross-notice re undertaking/ contributing to costs of work as described. 

    Delegated Officer

    Manager Property
    Property Management Lead
    Planning and Development Lead
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  • Section

    s312

    Summary of Function or Power

    Power (as owner or occupier of benefited land) to proceed with proposed work and recover costs in the circumstances described. 

    Delegated Officer

    Manager Property
    Property Management Lead
    Planning and Development Lead
    Manager Parks and Open Spaces
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  • Section

    ss316-318

    Summary of Function or Power

    Power (as person bound by an easement, a positive covenant or a restrictive covenant) to make an application to a court for the purposes specified.

    Restriction: Subject also to General Delegations – Legal Proceedings


    

    Delegated Officer

    Manager Property
    Manager Parks and Open Spaces
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  • Section

    ss318A-318E

    Summary of Function or Power

    Powers and duties in relation to enforcement, modification and extinguishment of covenants in gross as specified.

    Restriction: Subject also to General Delegations – Legal Proceedings

    Delegated Officer

    Manager Property
    Manager Parks and Open Spaces
    Planning and Development Lead
    Strategic Property Advisor
    Property Management Lead
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  • Section

    s319

    Summary of Function or Power

    Power (as owner or occupier) of any land to apply to a court for an order re entry over neighbouring land for the purposes specified.

    Restriction: Subject also to General Delegations – Legal Proceedings
    

    Delegated Officer

    Manager Parks and Open Spaces
    Manager Property
    Property Management Lead
    Property Asset Advisor
    Strategic Property Advisor
    Property Officer
    Parks Services Lead
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  • Section

    s320

    Summary of Function or Power

    Duty (as applicant) to serve court order on persons specified. 

    Delegated Officer

    Manager Parks and Open Spaces
    Manager Property
    Property Management Lead
    Property Asset Advisor
    Strategic Property Advisor
    Property Officer
    Parks Services Lead
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  • Section

    ss322-323

    Summary of Function or Power

    Power (as owner, occupier or territorial authority) to apply to a court for relief for a wrongly placed structure in the circumstances described;

    Duty (as applicant) to serve application on each person specified.

    Restriction: Subject also to General Delegations – Legal Proceedings

    

    Delegated Officer

    Manager Parks and Open Spaces
    Manager Property
    Property Management Lead
    Parks Services Lead
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  • Section

    ss327-328 & 331

    Summary of Function or Power

    Powers and duties (as owner/occupier of landlocked land) in relation to application to a court for an order granting access to the land; associated costs.


    Restriction: Subject also to General Delegations – Legal Proceedings


    

    Delegated Officer

    Manager Parks and Open Spaces
    Manager Property
    Property Management Lead
    Parks Services Lead
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  • Section

    ss332-338

    Summary of Function or Power

    Powers and duties (as owner/occupier of land) in relation to trees/unauthorised structures on neighbouring land, including without limitation, application to a court for an order under s333 to have tree/structure removed, repaired etc.

    Restriction: Subject also to General Delegations – Legal Proceedings

    

    Delegated Officer

    Manager Parks and Open Spaces
    Manager Property
    Property Management Lead
    Property Asset Advisor
    Strategic Property Advisor
    Property Officer
    Parks Services Lead
    Transportation Operations Lead
    Infrastructure Administrator
    Infrastructure Customer Service Coordinator
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  • Section

    ss347-348

    Summary of Function or Power

    Powers and duties (as creditor claiming to be prejudiced by a disposition of property as specified) including, without limitation, application to a court for an order under s348.

    Restriction: Subject also to General Delegations – Legal Proceedings

    

    Delegated Officer

    Manager Parks and Open Spaces
    Manager Property
    Property Management Lead
    Property Asset Advisor
    Strategic Property Advisor
    Property Officer
    Parks Services Lead
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  • Section

    ss352-355 & 359

    Summary of Function or Power

    Powers and duties (as vendor/lessor/ lessee/licensor/licensee) in relation to service of notices for the purposes specified. 

    Delegated Officer

    Manager Parks and Open Spaces
    Manager Property
    Property Management Lead
    Property Asset Advisor
    Strategic Property Advisor
    Property Officer
    Parks Services Lead
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  • Section

    Schedule 3

    Summary of Function or Power

    Implies powers, covenants and duties (as lessor/lessee)

    Delegated Officer

    Manager Parks and Open Spaces
    Manager Property
    Property Management Lead
    Property Asset Advisor
    Strategic Property Advisor
    Property Officer
    Parks Services Lead
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