Section 83 — Building Act 2004: Owner may apply for entry to be removed

83 Owner may apply for entry to be removed (1) This section applies if— (a) the requirements of sections 75 to 81 or the requirements of section 643(1) to (6) of the Local Government Act 1974 or any previous enactments were met to enable a building to be built on 2 or more allotments; and (b) any of the following applies: (i) the building is removed, demolished, or destroyed; or (ii) the boundaries of the allotments are adjusted in a manner that results in the building being contained entirely within the boundaries of 1 allotment; or (iii) circumstances have otherwise changed. (2) The owner may apply to a territorial authority for approval for the entry under section 78 to be removed. (3) If the territorial authority decides to approve the removal of the entry,— (a) the decision of the territorial authority must be set out in a certificate that is— (i) authenticated by the territorial authority; and (ii) signed by the owner; and (b) the certificate must be lodged with the Registrar-General of Land. (4) If a certificate referred to in subsection (3)(b) is lodged with the Registrar-General of Land, he or she must record an appropriate entry on— (a) the certificate of title for each allotment or part of the allotment; and (b) any mortgage, charge, or lien whose application was extended to additional land under section 80 . (5) If subsection (4)(b) applies, any mortgage, charge, or lien whose application was extended to additional land under section 80 ceases to apply to that additional land. (6) The Registrar-General of Land does not need to record the entry on the duplicate certificate of title unless that duplicate has had an entry recorded on it under— (a) section 78 ; or (b) section 643 of the Local Government Act 1974 ; or (c) the corresponding provisions of any previous enactment. (7) Subsections (2) and (3) apply, with any necessary modifications, to any request by an owner of land if the requirements of section 643(1) to (6) of the Local Government Act 1974 or any previous enactment or sections 75 to 81 were applied in error. Compare: 1991 No 150 s 37(8), (9), (10)