Housing Act 1955

1: Short title
This Act may be cited as the Housing Act 1955.
2: Interpretation
1: In this Act, unless the context otherwise requires,— acquisition acquire Public Works Act 1981 district dwelling Kāinga Ora–Homes and Communities Kāinga Ora–Homes and Communities Act 2019 local authority Local Government Act 2002 Minister Ministry owner section 25 section 16 section 17 pipeline State housing land Part 1 of the Housing Act 1919 State housing purposes
a: as sites for dwellings and ancillary commercial buildings:
b: for schemes of development and subdivision into sites for dwellings:
c: for motorways, roads, streets, access ways, service lanes, reserves, pumping stations, drainage and water works, river and flood protection works, and other works upon or for the benefit of the land so acquired or the occupiers thereof. Reference to any motorway, road, street, access way, or service lane shall be deemed to include every carriage way, cycle track, bridge, culvert, kerb, drain, channel, footway, crossing, fence, barricade, entrance thereto, exit therefrom, or other thing belonging thereto, or lying upon the line or within the limits of the land having that status.
2: While an agreement for sale under section 16 1919 No 32 s 2 1940 No 14 s 2 1953 No 115 s 14 Section 2(1) acquisition acquire amended 1 February 1982 section 248(1) Public Works Act 1981 Section 2(1) Board repealed 19 October 1965 section 45(2) State Advances Corporation Act 1965 Section 2(1) Corporation repealed 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 2(1) district inserted 1 April 1980 section 8(3) Local Government Amendment Act 1979 Section 2(1) Kāinga Ora–Homes and Communities inserted 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 2(1) local authority replaced 1 July 2003 section 262 Local Government Act 2002 Section 2(1) Ministry inserted 25 February 2016 section 4 Housing Amendment Act 2016
2A: Minister may exclusively administer land declared subject to this section
1: The Minister may, after notifying Kāinga Ora–Homes and Communities Gazette section 2A land
2: The effect of a declaration is that the Minister, to the exclusion of Kāinga Ora–Homes and Communities Kāinga Ora–Homes and Communities
3: However, sections 32 to 34
4: Kāinga Ora–Homes and Communities
5: A declaration made under subsection (1) is a disallowable instrument but not a legislative instrument for the purposes of the Legislation Act 2012 section 41
6: All amounts payable to the Crown in respect of section 2A land (including all amounts that, if this Act had not been passed, would have been payable into the Housing Account (if any)) must be paid to a Crown Bank Account.
7: The Ministry must include in its annual report under section 43 Section 2A inserted 25 February 2016 section 5 Housing Amendment Act 2016 Section 2A(1) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 2A(2) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 2A(4) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019
1: State houses
3: Powers of Minister in relation to State housing
The Minister may from time to time determine either generally or in any particular case what land or classes of land may be acquired for State housing purposes and the general scheme of development thereof, the number and classes of dwellings and ancillary commercial buildings to be constructed, and any other matters of State housing policy.
3A: Relationship to Resource Management Act 1991
Nothing in this Part shall derogate from any of the provisions of the Resource Management Act 1991 Section 3A inserted 1 October 1991 section 362 Resource Management Act 1991
4: Crown land may be set apart for State housing purposes
1: The Minister of Lands may from time to time, by notice in the Gazette Land Act 1948
2: All land which immediately before the commencement of this Act was held or set apart for the purposes of Part 1 of the Housing Act 1919 shall be deemed to be State housing land at the commencement of this Act. 1919 No 32 s 9
5: Power to take land for State housing purposes
The Governor-General may take under the Public Works Act 1981 provided that no Maori land shall be taken for State housing purposes without the consent of the Minister of Maori Affairs. 1936 No 58 s 32 Section 5 amended 1 February 1982 section 248(1) Public Works Act 1981
6: Power to purchase land, dwellings, etc, for State housing purposes
1: There may from time to time be purchased or taken on lease, out of money appropriated by Parliament for the purpose or (subject to any direction of the Minister) out of money received by Kāinga Ora–Homes and Communities subsection (1) of section 32
2: Any lease which is taken as aforesaid may be for such term of years, at such rent, and on such terms and conditions as to payment of rent, renewals, compensation for improvements, purchase of outstanding interests of the lessor, and other matters, as may be determined by the Minister or by Kāinga Ora–Homes and Communities 1919 No 32 s 10 1920 No 49 s 2 1943 No 3 s 2(4) Section 6(1) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 6(2) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019
7: Land, etc, to be acquired in name of Crown
All land, dwellings, buildings, and chattels acquired as aforesaid for State housing purposes shall be acquired in the name and on behalf of the Crown. 1936 No 12 s 21
8: Development of State housing land
The cost of doing all or any of the following may be paid or contributed to out of money appropriated by Parliament for the purpose, namely:
a: surveying and subdividing any State housing land:
b: developing any State housing land as sites for all types of buildings which are desirable for the general residential development of the area:
c: laying out and constructing works upon or for the benefit of any State housing land or the occupiers thereof, including motorways, roads, streets, access ways, service lanes, reserves, pumping stations, drainage and water works, and river and flood protection works.
9: Power to erect and repair dwellings
1: The Minister, from time to time out of money appropriated by Parliament for the purpose, may cause dwellings and ancillary commercial buildings to be erected for State housing purposes on any State housing land, and may cause any dwelling or building on any such land to be demolished or rebuilt.
2: The Minister or Kāinga Ora–Homes and Communities 1919 No 32 s 11 1943 No 3 s 2(4) Section 9(2) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019
10: Access ways and service lanes
Section 10 repealed 1 October 1991 section 362 Resource Management Act 1991
11: Vesting of roads, streets, etc
1: The Governor-General may, by Order in Council published in the Gazette
2: Subject to the Resource Management Act 1991 Public Works Act 1981 Local Government Act 1974 section 16 section 17 Section 11 replaced 1 April 1980 section 8(3) Local Government Amendment Act 1979 Section 11(2) amended 1 October 1991 section 362 Resource Management Act 1991 Section 11(2) amended 1 February 1982 section 248(1) Public Works Act 1981
12: Building line restrictions
Section 12 repealed 1 October 1991 section 362 Resource Management Act 1991
13: Procedure for declaring certain drains to be public drains, and for setting apart State housing land as a reserve
1:
2: Amendment(s) incorporated in the Act(s) Section 13(1) repealed 1 April 1980 section 9(1) Local Government Amendment Act 1979
14: Power to hold and dispose of shares in company formed to erect flats
Kāinga Ora–Homes and Communities Section 14 amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Disposal of State housing land
15: Disposal of State housing land by sale or lease
1: Subject as hereafter provided in this Act, any State housing land and any buildings or chattels held for State housing purposes may be disposed of by way of sale, lease, or tenancy by Kāinga Ora–Homes and Communities
2: To avoid doubt, sections 40 to 42
a: land with dwellings and ancillary commercial buildings erected on it:
b: land as sites for dwellings and ancillary commercial buildings:
c: land for schemes of development and subdivision into sites for dwellings and ancillary commercial buildings:
d: land for motorways, roads, streets, access ways, service lanes, reserves, pumping stations, drainage and water works, river and flood protection works, and other works that are either or both of the following:
i: for the benefit of State housing land or occupiers of that land:
ii: on, or for the benefit of, land referred to in paragraphs (a) to (c) or occupiers of that land.
3: Subsection (2) does not affect any right of first refusal that a person or group of persons has in relation to the land under any Treaty of Waitangi claims settlement or collective redress Act or deed.
4: Subsections (2) and (3) and this subsection are repealed on 15 September 2026. 1919 No 32 ss 12, 25 1937 No 20 s 6 2026-09-15 Housing Act 1955 Subsections (2)–(4) of this section are repealed on 15 September 2026. Section 15(1) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 15(2) inserted 15 September 2016 section 10 Housing Legislation Amendment Act 2016 Section 15(3) inserted 15 September 2016 section 10 Housing Legislation Amendment Act 2016 Section 15(4) inserted 15 September 2016 section 10 Housing Legislation Amendment Act 2016
16: Sale of State housing land
1: Subject to any direction of the Minister, any State housing land may be sold for cash or under an agreement for sale in such manner, at such price, and on such terms and conditions as Kāinga Ora–Homes and Communities
2: Without limiting the power of Kāinga Ora–Homes and Communities Kāinga Ora–Homes and Communities
a: allow discount at such rate as it thinks fit on any money so paid in excess of a minimum deposit, and on any principal money paid in respect of the selling price in excess of the payments of principal for the time being due in respect of the sale:
b: allow the remission of the whole or any part of the unpaid balance of the selling price on the death of the purchaser or of any other specified person whom Kāinga Ora–Homes and Communities Kāinga Ora–Homes and Communities Kāinga Ora–Homes and Communities
c: make the sale conditional on the land not being sold within a specified period fixed by Kāinga Ora–Homes and Communities
d: make the sale conditional on the purchaser remaining the sole owner of the land for a specified period fixed by Kāinga Ora–Homes and Communities Kāinga Ora–Homes and Communities
e: allow a reduction of the rate of interest on the whole or any part of the purchase price, and a remission of interest on such part of the purchase price as Kāinga Ora–Homes and Communities
f: allow a remission of part of the purchase price if the terms and conditions of the sale or any specified terms and conditions are complied with for such period as may be fixed by Kāinga Ora–Homes and Communities
g: accept as security for any part of the purchase price a mortgage in favour of the Crown. 1950 No 93 s 23 Section 16(1) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 16(2) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 16(2)﻿(b) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 16(2)﻿(c) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 16(2)﻿(d) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 16(2)﻿(e) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 16(2)﻿(f) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 16(2)﻿(g) inserted 23 December 1980 Housing Amendment Act 1980
17: Licences to occupy
Where any State housing land has been sold (whether before or after the commencement of this Act) and at the date of the sale the land had a dwelling thereon, then, if after all principal, interest, and other money payable in consequence of the sale have been paid in full Kāinga Ora–Homes and Communities Land Transfer Act 2017 Kāinga Ora–Homes and Communities Kāinga Ora–Homes and Communities 1950 No 93 s 24 Section 17 amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 17 amended 12 November 2018 section 250 Land Transfer Act 2017
18: Registration of agreements and licences
1: Despite anything to the contrary in the Land Transfer Act 2017 section 16 17
2: Any such agreement or licence may describe the land comprised in it by reference to the plan of the land held by Kāinga Ora–Homes and Communities section 224
3: If a plan of the land has not been deposited that adequately defines the land under section 224 section 17(1)﻿(a)
4:
5: Where any such agreement or licence has been registered as aforesaid (whether before or after the commencement of this Act), every transfer, mortgage, lease, transmission, and other disposition of the land comprised therein may be registered in the same manner, subject to any modifications prescribed by any regulations made under section 40 section 37
6: The same fee shall be payable on the registration of any transfer, mortgage, lease, transmission, or other disposition of the land comprised in any such agreement or licence, as on the registration of a similar transfer, mortgage, lease, transmission, or other disposition of an estate in fee simple in land.
7: The covenants, conditions, and restrictions contained or implied in any such agreement or licence registered under this section, and the amount of or allocation of the purchase price or the rate or rates of interest payable thereon, may from time to time be varied by a memorandum of variation thereof signed by Kāinga Ora–Homes and Communities Registrar-General of Land lease variation instrument Kāinga Ora–Homes and Communities
8: Where Kāinga Ora–Homes and Communities Kāinga Ora–Homes and Communities Registrar-General of Land
9: Where the purchaser's estate or interest under any such registered agreement or under any such registered licence is subject to any registered encumbrance, lien, or other interest, the Registrar-General of Land, before issuing a record of title under the Land Transfer Act 2017 the record of title 1950 No 93 s 25 Section 18(1) replaced 12 November 2018 section 250 Land Transfer Act 2017 Section 18(2) replaced 12 November 2018 section 250 Land Transfer Act 2017 Section 18(2) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 18(3) replaced 12 November 2018 section 250 Land Transfer Act 2017 Section 18(4) repealed 12 November 2018 section 250 Land Transfer Act 2017 Section 18(5) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 18(7) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 18(7) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 18(8) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 18(8) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 18(9) amended 12 November 2018 section 250 Land Transfer Act 2017
19: Leases and tenancies
Subject to the Residential Tenancies Act 1986 Kāinga Ora–Homes and Communities Kāinga Ora–Homes and Communities Section 19 replaced 1 February 1987 section 144(3) Residential Tenancies Act 1986 Section 19 amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019
19A: Special provisions applying to rent payable under leases and tenancies of State housing land
1: Notwithstanding anything in this Act, the Residential Tenancies Act 1986 Kāinga Ora–Homes and Communities Housing Amendment Act 1992 Public and Community Housing Management Act 1992
a: no term or condition shall be taken to be implied in the lease or tenancy, whether before or after the commencement of the Housing Amendment Act 1992
b: no effect shall be given to any representation made by or on behalf of Kāinga Ora–Homes and Communities Housing Amendment Act 1992
2: Nothing in subsection (1) Kāinga Ora–Homes and Communities Section 19A inserted 18 August 1992 section 2(1) Housing Amendment Act 1992 Section 19A(1) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 19A(1)﻿(b) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 19A(2) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019
20: Power to adjust rents
Section 20 repealed 1 February 1987 section 144(3) Residential Tenancies Act 1986
21: Power of
Kāinga Ora–Homes and Communities
1: Kāinga Ora–Homes and Communities , husband, civil union partner, or de facto partner
a: to furnish such information as Kāinga Ora–Homes and Communities , husband, civil union partner, or de facto partner
b: to verify any such information by statutory declaration.
2: If any such applicant is convicted under section 302 of the Justices of the Peace Act 1927, or under section 133 of the Crimes Act 1908, of an offence in respect of any statutory declaration made for the purposes of this section, Kāinga Ora–Homes and Communities Residential Tenancies Act 1986 Section 21 heading amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 21(1) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 21(1) amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 21(1)﻿(a) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 21(1)﻿(a) amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 21(2) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 21(2) amended 1 February 1987 section 144(3) Residential Tenancies Act 1986 Section 21(2) amended 19 October 1965 section 45(2) State Advances Corporation Act 1965
22: Acceptance of money after giving of notice rescinding agreement for sale
Where any notice rescinding an agreement for sale under this Part has been given upon default under the agreement—
a: the acceptance by or on behalf of Kāinga Ora–Homes and Communities
b: it shall not be necessary for Kāinga Ora–Homes and Communities Section 22(a) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 22(b) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019
23: Recovery of possession of land
1: Notwithstanding anything to the contrary in sections 51 52 Kāinga Ora–Homes and Communities Kāinga Ora–Homes and Communities provided that this subsection shall not apply to persons who claim by virtue of an instrument approved by Kāinga Ora–Homes and Communities
2: In any action for possession of State housing land, a certificate by a person purporting to be the manager of any branch of Kāinga Ora–Homes and Communities Section 23(1) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 23(1) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 23(1) proviso amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 23(2) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Easements
24: Power to grant easements, etc
Kāinga Ora–Homes and Communities 1940 No 14 s 9 1943 No 3 s 2(4) Section 24 amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019
25: Kāinga Ora–Homes and Communities Subject to the provisions of this Part, Kāinga Ora–Homes and Communities
a: pipeline certificates:
b: right of way certificates:
c: party wall certificates. 1953 No 115 s 15 Section 25 heading amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 25 amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019
26: Pipeline certificates
1: Kāinga Ora–Homes and Communities
a: any pipeline has been constructed by the Crown over or through land all or part of which, at the time of the construction, was State housing land; and
b: the pipeline passes over or through more than 1 parcel of land or land which (in the opinion of Kāinga Ora–Homes and Communities
c: 1 or more of the parcels of land has been or is intended to be disposed of by way of sale under this Part or under the provisions of any corresponding former enactment.
2: In addition to its powers under subsection (1), Kāinga Ora–Homes and Communities
a: the consent of the owner of that land and of every person having a registered interest therein is endorsed on the certificate in a manner satisfactory to the Registrar-General of Land
b: the right to construct the pipeline was reserved at the time of the disposal of the land by the Crown; or
c: the pipeline was constructed on the land while it belonged to the Crown.
3: Every such pipeline certificate shall—
a: be executed by Kāinga Ora–Homes and Communities
b: specify the land over or through which the pipeline passes and the several parcels of land which are served or (in the opinion of Kāinga Ora–Homes and Communities
c: specify the nature of the pipeline:
d: have endorsed thereon or refer to a diagram showing the several parcels of land served or (in the opinion of Kāinga Ora–Homes and Communities
4: While any pipeline certificate remains registered in accordance with section 29
a: the owner for the time being of every parcel of land specified in the certificate as being served or intended to be served by the pipeline shall have a right to the free and uninterrupted use of the pipeline; and a right, for himself and his servants and agents, after giving reasonable notice, to enter upon any land shown in the certificate as land over or through which the pipeline passes and (so far as is reasonably necessary for the purpose) on other land to which the certificate relates for the purpose of relaying or effecting necessary repairs to the pipeline, subject to the restoration as nearly as is reasonably possible of the surface of the land to its former condition:
b: the owner for the time being of any land specified in the certificate as being land over or through which the pipeline passes shall afford to the persons specified in paragraph (a)
c: the owner for the time being of each parcel of land specified in the certificate as being served or intended to be served by the pipeline may require and enforce reasonable contribution from all or any other such owners in respect of the cost of executing, providing, and doing all necessary relaying of or repairs to the pipeline, and all things required in respect of the pipeline by any local authority having statutory powers in respect thereof: provided that, where relaying or repairs are rendered necessary by the act or default of any 1 or more of the owners, he or they shall bear the whole cost thereof.
5: Where it is not practicable to show the true course of any pipeline in any pipeline certificate, its position shall be indicated as nearly as possible in the certificate; and, until the contrary is proved, the course so indicated shall be deemed to be the true course. No action shall lie against the Crown under subpart 3 1953 No 115 s 16 Section 26(1) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 26(1)﻿(b) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 26(2) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 26(2)﻿(a) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 26(3)﻿(a) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 26(3)﻿(b) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 26(3)﻿(d) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 26(5) amended 12 November 2018 section 250 Land Transfer Act 2017
27: Right of way certificates
1: Kāinga Ora–Homes and Communities
a: in the opinion of Kāinga Ora–Homes and Communities
b: after the right of way came into existence, 1 or more of the parcels of land has been disposed of by way of sale under this Part or under the provisions of any corresponding former enactment.
2: Every such right of way certificate shall—
a: be executed by Kāinga Ora–Homes and Communities
b: specify the several parcels of land served by the right of way and the land over which the right of way exists:
c: have endorsed thereon or refer to a diagram showing the several parcels of land served by the right of way and the land over which the right of way exists.
3: While any right of way certificate remains registered in accordance with section 29
a: the owner for the time being of any parcel of land specified in the certificate as being served by the right of way shall have the full and free right and liberty for himself, his tenants, agents, workmen, licensees, and invitees (in common with all other persons having the like right) from time to time and at all times by day or night to pass and repass over the land specified in the certificate as land over which the right of way exists with or without domestic animals of any kind and, where practicable, with vehicles and implements of any kind:
b: the owner for the time being of any land specified in the certificate as being land over which the right of way exists shall afford to the persons specified in paragraph (a) the full and free exercise of the rights specified in paragraph (a) in respect of that land:
c: the owner for the time being of any parcel of land specified in the certificate as being served by the right of way may require and enforce reasonable contribution from all or any other such owners in respect of the cost of executing, providing, and doing all or any of the things necessary for the proper maintenance or reconstruction of the right of way or lawfully required in respect thereof by any local authority having jurisdiction in the matter. 1953 No 115 s 17 Section 27(1) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 27(1)﻿(a) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 27(2)﻿(a) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019
28: Party wall certificates
1: Kāinga Ora–Homes and Communities
a: the building was erected or acquired for State housing purposes; and
b: the party wall separates 2 or more separate dwellings within the building; and
c: 1 or more of the separate dwellings have been disposed of by way of sale under this Part or under the provisions of any corresponding former enactment.
2: Every such party wall certificate shall—
a: be executed by Kāinga Ora–Homes and Communities
b: specify the party wall to which the certificate relates, the land which is the site of the wall, the separate dwellings of which the party wall forms part, and the land appurtenant to those dwellings:
c: specify the dwelling or dwellings which have been disposed of by way of sale under this Part or under the provisions of any corresponding former enactment:
d: have endorsed thereon or refer to a diagram showing the party wall, dwellings, and land specified in the certificate.
3: While any party wall certificate remains registered in accordance with section 29
a: the owner for the time being of any land on which any part of the party wall forming part of his dwelling is situated shall have the full, free, and uninterrupted right to the use and enjoyment for the purposes of a party wall of any other land shown in the certificate as part of the site of the party wall, and of the portion of the party wall erected on that land:
b: the maintenance, repair, and reinstatement of the part of any party wall which separates any 2 dwellings shall be borne and done at the joint expense of the owners of the land on which those dwellings are situated, unless any such work has been rendered necessary by the act or default of either of those owners alone, in which event the owner responsible or in default shall bear the whole cost thereof:
c: no owner of any land on which part of any party wall is situated shall, without the consent of the owner of every piece of land on which any other part of the party wall is situated, make any addition to the party wall or impose any additional weight upon it or otherwise expose it to risk of damage. 1953 No 115 s 18 Section 28(1) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 28(2)﻿(a) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019
29: Registration of easement certificates
1: Any easement certificate issued by Kāinga Ora–Homes and Communities Registrar-General of Land
2: Any easement certificate may be registered as aforesaid notwithstanding that Her Majesty the Queen is the sole registered owner
3: Any easement certificate may be varied, or may be cancelled in respect of all or any of the land indicated in the certificate as affected thereby,—
a: by the issue by Kāinga Ora–Homes and Communities provided that an easement certificate shall not be varied under this paragraph so as to make it more onerous in respect of any land which is not for the time being State housing land:
b: by consent of the owners for the time being of all the land against the title to which the certificate is for the time being registered:
c: by order of the High Court section 30 High Court
4: Any certificate, consent, or order to which subsection (3) Registrar-General of Land
5: A registration fee of 1 pound shall be payable on any certificate, consent, or order which may be registered under this section.
6: Notwithstanding any rule of law or enactment to the contrary, any easement certificate registered under this section shall be deemed to be binding on any prior or subsequent mortgagee of any of the land or of any interest in any of the land affected by the certificate, and no consent under the Local Government Act 2002
7:
8: The Registrar-General of Land Registrar-General of Land Kāinga Ora–Homes and Communities
9: No person shall have any claim against the Crown under subpart 3 Registrar-General of Land 1953 No 115 s 19 Section 29(1) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 29(1) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 29(2) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 29(3)﻿(a) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 29(3)﻿(c) amended 1 April 1980 section 12 Judicature Amendment Act 1979 Section 29(4) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 29(6) amended 1 July 2003 section 262 Local Government Act 2002 Section 29(7) repealed 12 November 2018 section 250 Land Transfer Act 2017 Section 29(8) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 29(8) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 29(9) amended 12 November 2018 section 250 Land Transfer Act 2017
30: Easement certificate to be evidence of compliance with Act
The issue by Kāinga Ora–Homes and Communities section 29
a: before the expiration of 12 years from the date of the registration of the certificate under this section, be sufficient evidence in the absence of proof to the contrary that the requirements of this Part in respect of the certificate have been complied with:
b: after the expiration of 12 years from that date, be conclusive evidence that those requirements have been complied with. 1953 No 115 s 19(6) Section 30 amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019
2: Accounts and miscellaneous
Accounts
31: Abolition of Housing Account
1: The Housing Account established under section 17 of the State Advances Corporation Act 1936
2: The enactments specified in Schedule 1
32: Payments to be made to and by
Kāinga Ora–Homes and Communities
1: All amounts payable to the Crown in respect of land, dwellings, buildings, and chattels administered by Kāinga Ora–Homes and Communities Kāinga Ora–Homes and Communities
2: Kāinga Ora–Homes and Communities
a: all necessary expenses which it has to pay for repairing, renovating, rebuilding, and improving any such land, dwellings, buildings, and chattels and keeping them in a fit and proper state:
b: all amounts required for the acquisition of land, dwellings, buildings, and chattels by Kāinga Ora–Homes and Communities Part 1
c: interest and other charges on the capital liability to the Crown Kāinga Ora–Homes and Communities
d: all expenses of or incidental to the administration of this Act, including such remuneration to Kāinga Ora–Homes and Communities
e: the amount of any loans or payments which under the provisions of any other Act would have been payable out of the Housing Account if this Act had not been passed.
3: Kāinga Ora–Homes and Communities
4: Any money required to carry out works authorized under Part 1
5: Any money required by Kāinga Ora–Homes and Communities Kāinga Ora–Homes and Communities Section 32 heading amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 32(1) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 32(2) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 32(2)﻿(b) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 32(2)﻿(c) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 32(2)﻿(c) amended 1 July 1989 section 86(1) Public Finance Act 1989 Section 32(2)﻿(d) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 32(3) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 32(5) replaced 1 July 1989 section 86(1) Public Finance Act 1989 Section 32(5) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019
33: Kāinga Ora–Homes and Communities Crown Bank Account Where Kāinga Ora–Homes and Communities section 32 a Crown Bank Account Section 33 heading amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 33 heading amended 1 July 1989 section 86(1) Public Finance Act 1989 Section 33 amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 33 amended 25 January 2005 section 65R(3) Public Finance Act 1989 Section 33 amended 1 July 1989 section 86(1) Public Finance Act 1989 Section 33 amended 19 October 1965 section 45(2) State Advances Corporation Act 1965
34: Annual report
1: As soon as practicable after the end of each financial year ending with 30 June statement of financial position, a statement of financial performance Auditor-General Kāinga Ora–Homes and Communities
2: A copy of the statement of financial position, statement of financial performance 1919 No 32 s 35 Section 34(1) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 34(1) amended 1 July 2001 section 52 Public Audit Act 2001 Section 34(1) amended 1 October 1997 section 6(1) Financial Reporting Amendment Act 1997 Section 34(1) amended 1 October 1997 section 6(2) Financial Reporting Amendment Act 1997 Section 34(1) amended 18 August 1992 section 38 Housing Restructuring Act 1992 Section 34(2) amended 1 October 1997 section 6(1) Financial Reporting Amendment Act 1997 Section 34(2) amended 1 October 1997 section 6(2) Financial Reporting Amendment Act 1997 Miscellaneous
35: Stamp duty
Section 35 repealed 1 January 1972 section 101(1) Stamp and Cheque Duties Act 1971
36: Execution of documents
1: Any deed or document required to be executed on behalf of the Crown for the purposes of this Act may be executed on behalf of the Crown by Kāinga Ora–Homes and Communities
2: Kāinga Ora–Homes and Communities
3: For the purposes of section 47 Kāinga Ora–Homes and Communities the Registrar-General of Land
4: Notwithstanding anything to the contrary in any Act or rule of law, it shall not be necessary for any transfer instrument
5: For the purposes of the Fencing Act 1908 Kāinga Ora–Homes and Communities Kāinga Ora–Homes and Communities 1919 No 32 ss 32, 33 1940 No 14 s 10 1947 No 60 s 23 1950 No 93 s 26 Section 36(1) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 36(2) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 36(2) amended 8 December 1971 section 2(a) Housing Amendment Act 1971 Section 36(2) repealed 8 December 1971 section 2(b) Housing Amendment Act 1971 Section 36(3) replaced 1 April 1988 Housing Amendment Act 1988 Section 36(3) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 36(3) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 36(4) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 36(5) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019
37: Restriction on registration of instruments
The Registrar-General of Land must not section 18
a: the instrument is in favour of the Crown or Kāinga Ora–Homes and Communities Kāinga Ora–Homes and Communities
b: the instrument is an application to register the settlement of the land as a joint family home under the Joint Family Homes Act 1964
c: the instrument is a disposition by way of mortgage; or
d: the consent of Kāinga Ora–Homes and Communities Section 37 replaced 8 December 1971 section 3(1) Housing Amendment Act 1971 Section 37 amended 12 November 2018 section 250 Land Transfer Act 2017 Section 37(a) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 37(d) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019
38: Cancellation of restrictions imposed under former legislation on freehold titles in respect of dwellings
1: This section applies when the Registrar-General of Land is presented with a record of title issued pursuant to the Housing Act 1919, the Workers' Dwellings Act 1910, or any former Workers' Dwellings Act.
2: The Registrar-General of Land must, without requiring the payment of any fee, at the request of Kāinga Ora–Homes and Communities
3: The Registrar-General of Land must not cancel an easement issued under Part 2 Kāinga Ora–Homes and Communities Section 38 replaced 12 November 2018 section 250 Land Transfer Act 2017 Section 38(2) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 38(3) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019
39: Kāinga Ora–Homes and Communities In respect of the exercise of its functions under this Act Kāinga Ora–Homes and Communities Kāinga Ora–Homes and Communities 1940 No 14 s 11 Section 39 heading amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 39 amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019
40: Regulations
1: The Governor-General may from time to time, by Order in Council, make all such regulations as in his opinion may be necessary or expedient for giving full effect to the provisions of this Act and for the due administration thereof.
2: Without limiting the general power hereinbefore conferred, regulations may be made under this section for all or any of the following purposes:
a: prescribing the terms and conditions of agreements for sale of State housing land, including conditions for the rescission of any such agreement:
b: prescribing the conditions subject to which State housing land or buildings thereon may be let or leased:
c: prescribing fees payable on applications for land or buildings under Part 1
d: prescribing or regulating the mode of registration of instruments under section 18
e: empowering the Crown to acquire or construct dwellings for the employees of any Pest Destruction Board Agricultural Pest Destruction Act 1967 Pest Destruction Boards section 17 of the Public Works Amendment Act 1948
f: generally for giving effect to the provisions of this Act.
3: Regulations under this section are secondary legislation ( see Part 3
3: 1919 No 32 s 34 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 40(2)﻿(e) amended 1 April 1968 Agricultural Pests Destruction Act 1967 Section 40(2)﻿(e) amended 1 April 1968 Agricultural Pests Destruction Act 1967 Section 40(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 40(3) repealed 19 December 1989 section 11 Regulations (Disallowance) Act 1989
41: Consequential amendments
1:
2: Amendment(s) incorporated in the Act(s)
3: Every reference in any other enactment or document to land set apart or held for the purposes of Part 1 of the Housing Act 1919 Part 1 of the Housing Act 1919 Section 41(1) repealed 21 November 1973 Public Works Amendment Act 1973
42: Repeals and savings
1: The enactments specified in Schedule 2
2: Without limiting the provisions of the Acts Interpretation Act 1924