Recovery of unpaid charge amount
98 Recovery of unpaid charge amount
If an amount charged on land that is under the operation of the Transfer of Land Act 1893 remains unpaid after the due date, the Director General has and may exercise in respect of the land the functions conferred by that Act on a mortgagee under a mortgage in respect of which a default has been made in payment.
If an amount charged on land that is alienated from the Crown but is not under the operation of the Transfer of Land Act 1893 remains unpaid after the due date, the Director General has and may exercise in respect of the land the functions referred to in subsection (1) with such modifications as are necessary because the land is not under the operation of that Act.
If an amount charged on land that is the subject of a lease or licence under the Land Administration Act 1997 remains unpaid after the due date, the Director General has and may exercise in respect of the land the functions conferred by that Act upon a mortgagee under a mortgage in respect of which a default has been made in payment.
The Director General must not exercise a power of sale in relation to land referred to in this section unless the Director General is satisfied that other reasonable means of recovering the amount charged on the land have been exhausted.
The existence of a charge or registration of a memorial of a charge on land does not affect the Director General’s discretion to proceed for recovery of the unpaid amount in proceedings unrelated to the charge.
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