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Land Transfer Act 2017

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.

Section Summary of Function or Power Delegated
Officers
s27

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

Manager Property

Planning and Development Lead

Property Management Lead

Property Asset Advisor

Property Officer

Strategic Property Advisor

s33

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.

 

Manager Property

Planning and Development Lead

Property Management Lead

Property Asset Advisor

Property Officer

Strategic Property Advisor

s219

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

Manager Property

Planning and Development Lead

Property Management Lead

Property Asset Advisor

Property Officer

Strategic Property Advisor

s97

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.

Manager Property

Property Management Lead

Property Asset Advisor

Property Officer

Strategic Property Advisor

s96

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.

Manager Property

Property Management Lead

Property Asset Advisor

Property Officer

Strategic Property Advisor

s95

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

Manager Property

Property Management Lead

Property Asset Advisor

Property Officer

Strategic Property Advisor

s94

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

 

Manager Property

Property Management Lead

Property Asset Advisor

Property Officer

Strategic Property Advisor

s91-92

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.

Manager Property

Property Management Lead

Property Asset Advisor

Property Officer

Strategic Property Advisor

s87-88

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

Manager Property

Planning and Development Lead

Property Management Lead

Property Asset Advisor

Property Officer

Strategic Property Advisor

s58-60

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

 

Te Ranga Urungi (Executive Leadership Team)

s143

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

Manager Property

Planning and Development Lead

Property Management Lead

Property Asset Advisor

Property Officer

Strategic Property Advisor

s142

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

 

Manager Property

Planning and Development Lead

Property Management Lead

Property Asset Advisor

Property Officer

Strategic Property Advisor

s138

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

Manager Property

Planning and Development Lead

Property Management Lead

Property Asset Advisor

Property Officer

Strategic Property Advisor

s116

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

 

Manager Property

Planning and Development Lead

Property Management Lead

Property Asset Advisor

Property Officer

Strategic Property Advisor

s109-112

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

 

Manager Property

Planning and Development Lead

Property Management Lead

Property Asset Advisor

Property Officer

Strategic Property Advisor

s108

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.

 

Manager Property

Planning and Development Lead

Property Management Lead

Property Asset Advisor

Property Officer

Strategic Property Advisor

s144-145

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

Manager Property

Planning and Development Lead

Property Management Lead

Property Asset Advisor

Property Officer

Strategic Property Advisor

s154

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.

Manager Property

Manager Parks and Open Spaces

Parks Services Lead

Property Management Lead

Property Asset Advisor

Property Officer

Strategic Property Advisor

s174

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.

Manager Property

Planning and Development Lead

Property Management Lead

Property Asset Advisor

Property Officer

Strategic Property Advisor

ss186-187

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

Manager Property

Planning and Development Lead

Property Management Lead

Property Asset Advisor

Property Officer

Strategic Property Advisor

s208

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

Manager Property

Planning and Development Lead

Property Management Lead

Property Asset Advisor

Property Officer

Strategic Property Advisor