Ngati Tama Claims Settlement Act 2003

  • Warning: Some amendments have not yet been incorporated
  • This version was replaced on 29 September 2016 to make corrections to section 11(1)(a)(i)(A) and (C) and clause 1(b) of Schedule 5 under section 25(1)(j)(ii) of the Legislation Act 2012.

Part 4 Commercial redress

19 Computer freehold register for Tongaporutu RFR site

(1)

The chief executive of the New Plymouth District Council must authorise and direct a person to make written application in accordance with this section within 6 months of the settlement date.

(2)

The Registrar-General must, as soon as reasonably practicable after receiving written application by a person authorised by the chief executive of the New Plymouth District Council, create 1 computer freehold register under the Land Transfer Act 1952 in the name of the New Plymouth District Council for the fee simple estate in the Tongaporutu RFR site,—

(a)

as a recreation reserve, subject to the Reserves Act 1977; and

(b)

subject to the matters identified in the written application received by the Registrar-General.

(3)

The written application referred to in subsection (2) must—

(a)

identify all registrable or notifiable encumbrances to which the land is subject or that benefit the land; and

(b)

specify that the land should be identified by a memorial on the computer freehold register, recording that,—

(i)

if any part of the Tongaporutu RFR site ceases to be classified as a reserve under the Reserves Act 1977, that part will vest in the Crown as Crown land under the Land Act 1948; and

(ii)

the Crown’s obligations under the RFR deed apply in relation to the site.

(4)

If the Crown transfers any part of the Tongaporutu RFR site—

(a)

to the governance entity, the Registrar-General must cancel the memorial referred to in subsection (3)(b) in relation to that part:

(b)

to a third party, and the obligations under the RFR deed no longer apply,—

(i)

the Crown must apply to the Registrar-General to cancel the memorial referred to in subsection (3)(b) in relation to that part; and

(ii)

the Registrar-General must take the Crown’s application under subparagraph (i) as conclusive proof that the Crown’s obligations under the RFR deed no longer apply, and must cancel the memorial in relation to that part.

(5)

In this section, Tongaporutu RFR site means all that land situated in the Taranaki Land District—New Plymouth District, comprising 2.6526 hectares, more or less, being Lot 9 DP 8357. All Transfer 100397. And Section 35 Block IV Mimi Survey District. All Gazette Notice 177072. And Section 39 Block IV Mimi Survey District. All Gazette Notice 229988 and All Computer Freehold Register TND2/757.