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Land Transfer Act 2017

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The powers and duties delegated are those of the Council as an “applicant”, “owner”, “ transferee”, “transferor”, ”lessor”, “lessee”, “grantor”, “grantee”, “territorial authority” or as otherwise specified.
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  • Section

    s27

    Summary of Function or Power

    Duties (as owner/party to instrument) in relation to instruments for which an Authorisation and Instruction (A&I) Form is required. Power to execute A&I Form and paper instruments not in the form of a Deed

    Restrictions:

    Subject also to General Delegations – Property Asset Management

    Delegated Officer

    Manager Property
    Planning and Development Lead
    Property Management Lead
    Property Asset Advisor
    Property Officer
    Strategic Property Advisor
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  • Section

    s33

    Summary of Function or Power

    Power and duty (as owner/party to instrument), subject to s27 of the Act, to execute paper instruments, not in the form of a deed, in the manner specified in the regulations to the Act.

     

    Delegated Officer

    Manager Property
    Planning and Development Lead
    Property Management Lead
    Property Asset Advisor
    Property Officer
    Strategic Property Advisor
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  • Section

    s58-60

    Summary of Function or Power

    Powers and duties (as person/ purchaser) in relation to bringing an action against the Crown in the circumstances specified

    Restrictions:

    a.  Subject also to General Delegations – Legal Proceedings

    b.  These powers and duties cannot be sub-delegated

     

    Delegated Officer

    Te Ranga Urungi (Executive Leadership Team)
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  • Section

    s87-88

    Summary of Function or Power

    Powers and duties (as applicant) in relation to making application to the Registrar to have the transmission registered

    Delegated Officer

    Manager Property
    Planning and Development Lead
    Property Management Lead
    Property Asset Advisor
    Property Officer
    Strategic Property Advisor
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  • Section

    s91-92

    Summary of Function or Power

    Duties (as owner/lessee) in relation to form and execution of a lease instrument/variation of lease instrument for the purpose of registration.

    Restrictions:

    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.

     Power to do all things necessary to effect the registration of the lease instrument.

    Delegated Officer

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

    s94

    Summary of Function or Power

    Duties (as lessor/lessee) in relation to form and execution of a lease surrender instrument;

    Restrictions:

    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.

    Power to do all things necessary to effect the registration of the lease surrender instrument

     

    Delegated Officer

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

    s95

    Summary of Function or Power

    Power (as lessee/owner), to apply to the Registrar to register a lease as a replacement lease as specified.

    Delegated Officer

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

    s96

    Summary of Function or Power

    Power (as registered lessee who acquires fee simple estate) to request Registrar to record on the record of title all of the interests, etc, to which the lease was subject.

    Delegated Officer

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

    s97

    Summary of Function or Power

    Duty (as lessor) to transfer land if covenants observed by lessee, in the circumstances specified;

    Power and duty to do all things necessary to effect registration of the transfer to lessee.

    Delegated Officer

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

    s108

    Summary of Function or Power

    Power (as grantor/grantee) to use transferring instrument for the purpose of registration and surrender of easements and profit a prendres.

    Power to do all things necessary to effect registration of the transfer.

     

    Delegated Officer

    Manager Property
    Planning and Development Lead
    Property Management Lead
    Property Asset Advisor
    Property Officer
    Strategic Property Advisor
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  • Section

    s109-112

    Summary of Function or Power

    Powers and duties (as grantor/grantee/owner as applicable) in relation to the creation, surrender and variation of: easements; rights and powers implied into certain easements; in accordance with the provisions and subject to the exceptions specified.

    Power and duty to execute instrument not in the form of a deed;

    Power and duty (as owner) to do all things necessary to effect the registration of an easement

     

    Delegated Officer

    Manager Property
    Planning and Development Lead
    Property Management Lead
    Property Asset Advisor
    Property Officer
    Strategic Property Advisor
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  • Section

    s116

    Summary of Function or Power

    Powers and duties (as grantor/grantee/owner as applicable) in relation to the notation of covenants as specified.

     

    Delegated Officer

    Manager Property
    Planning and Development Lead
    Property Management Lead
    Property Asset Advisor
    Property Officer
    Strategic Property Advisor
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  • Section

    s138

    Summary of Function or Power

    Power (as person that meets the requirements specified) to lodge a caveat against dealings as specified.

    Delegated Officer

    Manager Property
    Planning and Development Lead
    Property Management Lead
    Property Asset Advisor
    Property Officer
    Strategic Property Advisor
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  • Section

    s142

    Summary of Function or Power

    Power (as applicant, owner or any person having an estate or interest affected by a caveat against dealings), to apply to the court for removal of caveat.

    Restriction: Subject also to General Delegations – Legal Proceedings

     

    Delegated Officer

    Manager Property
    Planning and Development Lead
    Property Management Lead
    Property Asset Advisor
    Property Officer
    Strategic Property Advisor
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  • Section

    s143

    Summary of Function or Power

    Powers and duties (as owner/caveator) in relation to early lapse of a caveat against dealings

    Delegated Officer

    Manager Property
    Planning and Development Lead
    Property Management Lead
    Property Asset Advisor
    Property Officer
    Strategic Property Advisor
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  • Section

    s144-145

    Summary of Function or Power

    Power (as caveator) to withdraw caveat or to consent to the registration instrument.

    Delegated Officer

    Manager Property
    Planning and Development Lead
    Property Management Lead
    Property Asset Advisor
    Property Officer
    Strategic Property Advisor
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  • Section

    s154

    Summary of Function or Power

    Duty (as grantee or other person or body corporate in whom or in which any land under the Act is vested as a public reserve) to hold that land subject to the trusts expressed or declared.

    Delegated Officer

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

    s174

    Summary of Function or Power

    Power (as person with interest in land that is the subject of an application seeking to bring the land under the Act) to lodge a caveat as prescribed.

    Delegated Officer

    Manager Property
    Planning and Development Lead
    Property Management Lead
    Property Asset Advisor
    Property Officer
    Strategic Property Advisor
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  • Section

    ss186-187

    Summary of Function or Power

    Power (as territorial authority) to lodge a caveat in the form prescribed for the purposes specified.

    Delegated Officer

    Manager Property
    Planning and Development Lead
    Property Management Lead
    Property Asset Advisor
    Property Officer
    Strategic Property Advisor
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  • Section

    s208

    Summary of Function or Power

    Implied powers and duties (as covenantor) in relation to every instrument charging, creating, or transferring any estate or interest under the Act.

    Delegated Officer

    Manager Property
    Planning and Development Lead
    Property Management Lead
    Property Asset Advisor
    Property Officer
    Strategic Property Advisor
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  • Section

    s219

    Summary of Function or Power

    Powers and duties (as applicant/party claiming under or in respect of an instrument) in relation to signing certificate re false statements as specified.

    Delegated Officer

    Manager Property
    Planning and Development Lead
    Property Management Lead
    Property Asset Advisor
    Property Officer
    Strategic Property Advisor
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