Land vested in reserve trusts
7 Land vested in reserve trusts
Any estate in fee simple in Crown land vested in a reserve trust by section 100 of the Crown Lands Act 1989 only for the purposes of Part 5 of that Act (and any by-law under that Part) is extinguished on and from the repeal day. As a result, the Crown is taken to be vested with the whole of the estate in fee simple in the land and the land is Crown land for the purposes of this Act.
However, any other estate in fee simple in land vested in a reserve trust is not extinguished if—
the land was originally vested in trustees by a Crown grant, and
the land became vested in the reserve trust by or under the Crown Lands Act 1989 while the land was still vested in those trustees, and
the affairs of the reserve trust were managed for the whole of the period since the land became vested in the reserve trust by—
the trust board for the reserve trust, or
a corporation that was the former trustee of the land before it was vested in the reserve trust (but not including a local council).
Note.
Land with an estate in fee simple to which this subclause does not apply will become Crown land under clause 6.
Any estate in fee simple of a reserve trust that is not extinguished because of subclause (2) is—
for a reserve trust whose affairs were managed by its trust board—vested instead in the successor of the reserve trust on the repeal day, or
for a reserve trust whose affairs were managed by a corporation and that becomes a transitional reserve trust—continues to be vested in the transitional reserve trust and, on the transition day, is vested in the successor of the transitional reserve trust.
The following provisions apply to land in which an estate in fee simple is vested in the successor of a reserve trust or a corporation by subclause (3)—
any dedication or reservation of the land continues in force and may be revoked or altered as if it were Crown land,
the land is to be managed as if it were Crown land under this Act for which the successor or corporation had been appointed as the Crown land manager,
the regulations may make provision for or with respect to the modification of the provisions of this Act for this purpose.
Section 1.10 (except section 1.10 (1) and (2)) applies to land that is vested (or taken to be vested) by this clause in the same way as it applies to land that becomes Crown land.
In this clause—
successor, in relation to a transitional reserve trust or other reserve trust, means a person that is taken by clause 11 to have been appointed as the Crown land manager of the former trust land of the reserve trust (as defined in that clause).
This provision refers to the regulations (the regulations may make
). Made under this Act:
This Act’s bill:Explanatory memorandumSecond reading speech
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