Housing Assets Transfer Act 1993

1: Short Title and commencement
1: This Act may be cited as the Housing Assets Transfer Act 1993.
2: This Act shall come into force on the date on which it receives the Royal assent.
2: Interpretation
In this Act, unless the context otherwise requires,— housing assets
a: mortgages and other securities under the Maori Housing Act 1935 Maori Housing Amendment Act 1938 section 21
b: land set apart under the Maori Housing Amendment Act 1938 Maori Housing Act 1935 section 4(3)
c: subleases of land granted by the Crown under the Maori Housing Amendment Act 1938
d: land that is subject to an agreement for sale under section 16 section 17
e: mortgages, debentures, and other securities that secure the payment of money lent by or on behalf of the Crown pursuant to the Housing Act 1955 , the Housing Corporation Act 1974 Kāinga Ora–Homes and Communities Act 2019 Kāinga Ora–Homes and Communities Kāinga Ora–Homes and Communities Act 2019 Ministers responsible Minister sitting day Section 2 Corporation repealed 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 2 housing assets amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 2 Kāinga Ora–Homes and Communities inserted 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019
3: Act to bind the Crown
This Act shall bind the Crown.
4: Exercise of powers by Ministers
The Ministers shall, before exercising the powers conferred on them by this Act in relation to any housing assets referred to in paragraph (a) or paragraph (b) or paragraph (c) of the definition of that term in section 2
5: Kāinga Ora–Homes and Communities
1: Kāinga Ora–Homes and Communities section 2 Kāinga Ora–Homes and Communities Maori Housing Act 1935 Maori Housing Amendment Act 1938
2: A copy of any instrument of appointment under this section may be lodged with the Registrar-General of Land or Surveyor-General Land Transfer Act 2017 Kāinga Ora–Homes and Communities
3: Without limiting subsection (1), Kāinga Ora–Homes and Communities Maori Housing Amendment Act 1938 Section 5 heading amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 5(1) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 5(2) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 5(2) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 5(3) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019
6: Transfer of housing assets to
Kāinga Ora–Homes and Communities
1: The Ministers may, at any time or times, prepare a list or lists specifying housing assets which, in the opinion of the Ministers, should be vested in Kāinga Ora–Homes and Communities
2: Every list prepared under subsection (1) shall—
a: contain a description of each housing asset either individually or as a group or class; and
b: be signed by the Ministers; and
c: be laid before the House of Representatives by the responsible Minister within 12 sitting days of its being signed.
3: For the purposes of subsection (2)﻿(a), a group or class of housing assets includes a group or class of such assets other than any particular asset or assets.
4: The Governor-General may, at any time or times, by Order in Council, vest in Kāinga Ora–Homes and Communities
5: Every Order in Council under this section shall specify the consideration payable or to be provided by Kāinga Ora–Homes and Communities
6: An order under this section is secondary legislation ( see Part 3 1990 No 105 s 6 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 6 heading amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 6(1) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 6(4) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 6(5) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 6(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
7: Additional provisions relating to vesting
1: Nothing in this Act—
a: shall be regarded as placing the Crown, Kāinga Ora–Homes and Communities
b: shall be regarded as giving rise to a right for any person to terminate or cancel any contract or arrangement or to accelerate the performance of any obligation; or
c: shall be regarded as placing the Crown, Kāinga Ora–Homes and Communities
d: shall release any surety from any obligation; or
e: shall invalidate or discharge any contract or security.
2: The Registrar-General of Land and all Kāinga Ora–Homes and Communities
3: A certificate, signed by the Chief Surveyor for the land district in which the land is situated, that land described in the certificate, or described in any document on which the certificate appears, is land vested in Kāinga Ora–Homes and Communities
4: The vesting of housing assets pursuant to this Act shall take effect notwithstanding any enactment or rule of law or agreement and, in particular, but without limitation, the vesting shall take effect notwithstanding any provision contained in the Land Act 1948 Local Government Act 2002 Reserves Act 1977 Public Works Act 1981 Resource Management Act 1991
5: Where, by virtue of this Act, any land vests in Kāinga Ora–Homes and Communities Kāinga Ora–Homes and Communities Kāinga Ora–Homes and Communities
6: Without limiting subsection (5), where by virtue of this Act any land vests in Kāinga Ora–Homes and Communities Kāinga Ora–Homes and Communities
7: All housing assets that are subject to the Maori Housing Act 1935 Maori Housing Amendment Act 1938 Housing Act 1955 Kāinga Ora–Homes and Communities 1990 No 109 s 7 Section 7(1)﻿(a) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 7(1)﻿(c) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 7(2) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 7(2) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 7(3) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 7(4) amended 1 July 2003 section 262 Local Government Act 2002 Section 7(5) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 7(6) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 7(7) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019
8: Title to housing assets vested in
Kāinga Ora–Homes and Communities
1: The Registrar-General of Land must, on written application by any person authorised by either of the Ministers and on payment of any prescribed fee, register Kāinga Ora–Homes and Communities
a: land, other than land that is registered under the Land Transfer Act 2017 Kāinga Ora–Homes and Communities
b: land that is subject to the Land Transfer Act 2017 Kāinga Ora–Homes and Communities
2: Every application under subsection (1) must—
a: state that the land has been vested in Kāinga Ora–Homes and Communities
b: contain a description of the land that is sufficient to identify it; and
c: in the case of land that has not previously been registered under the Land Transfer Act 2017 section 9(1)
3: The Registrar-General of Land must, on written application by any person authorised by either of the Ministers and on payment of any prescribed fee, register Kāinga Ora–Homes and Communities Kāinga Ora–Homes and Communities
4: Any other person charged with the keeping of any books or registers must, on written application by any person authorised by either of the Ministers and on payment of any prescribed fee,—
a: register Kāinga Ora–Homes and Communities Land Transfer Act 2017 Kāinga Ora–Homes and Communities
b: make any entries in those books or registers necessary for that purpose.
5: Every application under subsection (3) or (4) must—
a: state that the mortgage or security has been vested in Kāinga Ora–Homes and Communities
b: contain a description of the mortgage or security that is sufficient to identify it. Section 8 replaced 12 November 2018 section 250 Land Transfer Act 2017 Section 8 heading amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 8(1) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 8(1)﻿(a) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 8(1)﻿(b) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 8(2)﻿(a) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 8(3) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 8(4)﻿(a) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 8(5)﻿(a) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019
9: Land certification
1: Before the Registrar-General of Land issues a record of title in respect of any land, other than land that is registered under the Land Transfer Act 2017 Kāinga Ora–Homes and Communities section 4 Schedule 2
2: A certificate in accordance with subsection (1) must be recorded by the Registrar-General of Land in the register and is conclusive evidence to the Registrar-General of Land 1990 No 105 s 10 Section 9(1) replaced 12 November 2018 section 250 Land Transfer Act 2017 Section 9(1) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 9(2) amended 12 November 2018 section 250 Land Transfer Act 2017
10: Certification of easements
1: Where land is vested in Kāinga Ora–Homes and Communities Land Transfer Act 2017 Director-General within the meaning of section 2 of the Survey Act 1986 section 9(1)
2: The Registrar-General of Land record of title
3: Where a memorial of an easement is entered upon the relevant record of title Land Transfer Act 2017 1986 No 124 s 26A 1992 No 27 s 6 Section 10(1) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 10(1) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 10(1) amended 1 July 1996 Survey Amendment Act 1996 Section 10(2) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 10(3) amended 12 November 2018 section 250 Land Transfer Act 2017
11: Application of other Acts
The enactments specified in the Schedule Kāinga Ora–Homes and Communities Kāinga Ora–Homes and Communities Section 11 amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019
12: Provisions relating to securities and agreements
1: Without limiting the foregoing provisions of this Act, every reference—
a: in any memorandum of mortgage or other security granted under the Maori Housing Act 1935 Maori Housing Amendment Act 1938 Kāinga Ora–Homes and Communities
b: in any agreement for the sale of land entered into or any lease of land granted by the Crown pursuant to the Maori Housing Amendment Act 1938 Kāinga Ora–Homes and Communities
c: where land leased to the Crown under the Maori Housing Amendment Act 1938 Kāinga Ora–Homes and Communities to the Crown, the Maori Land Board, the Board of Maori Affairs, the chief executive of the Iwi Transition Agency or the chief executive of the Ministry of Maori Development, as the case may be, shall be read and construed as a reference to Kāinga Ora–Homes and Communities Kāinga Ora–Homes and Communities
2: Without limiting the foregoing provisions of this Act, every reference in any agreement for the sale of land entered into under section 16 section 17 Kāinga Ora–Homes and Communities Kāinga Ora–Homes and Communities Kāinga Ora–Homes and Communities Kāinga Ora–Homes and Communities Section 12(1) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 12(1)﻿(a) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 12(1)﻿(b) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 12(1)﻿(c) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 12(2) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019
13: Status of certain other land
1: The Governor-General may from time to time, by Order in Council, declare that land owned by the Crown and set apart under the Maori Housing Amendment Act 1938 Maori Housing Act 1935 Part 3
2: An Order in Council may be made under subsection (1) in relation to any class of land referred to in that subsection or in respect of any particular parcel of such land.
3: The Governor-General may from time to time, by Order in Council, declare that any land held by the Crown under a lease or licence and that is set apart under the Maori Housing Amendment Act 1938 Maori Housing Act 1935
4: Nothing in this section applies in relation to land acquired by the Crown by way of gift pursuant to section 3(3)
5: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 13(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
14: Kāinga Ora–Homes and Communities
1: This section applies to—
a: any land that is subject to an agreement for sale entered into under the Maori Housing Amendment Act 1938 Housing Act 1955 Kāinga Ora–Homes and Communities
b: any land that is subject to a mortgage granted under either of those Acts where that mortgage is or was at any time vested in Kāinga Ora–Homes and Communities
2: Despite section 62 Kāinga Ora–Homes and Communities section 57 Kāinga Ora–Homes and Communities Section 14 heading amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 14(1)﻿(a) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 14(1)﻿(b) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 14(2) substituted 1 July 2003 section 137(1) Local Government (Rating) Act 2002 Section 14(2) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019