Section 129 — Land Transfer Act 1952: Trusts of public reserves and other public lands

129 Trusts of public reserves and other public lands (1) The grantee or other person or body corporate in whom or in which any land under this Act now is or hereafter becomes vested as a public reserve shall hold that land subject to the trusts expressed or declared of and concerning the same in the Crown grant, or warrant in lieu of grant, or a certificate having the effect of a warrant issued under section 12 of the Act, or in any certificate of title following the terms of that grant, warrant, or certificate. (2) If, after the registration of the Crown grant or the issue of any certificate of title, any trust is legally declared under the authority of any Act of the Parliament of New Zealand of and concerning any such public reserve, either as an original trust or by way of substitution, or if any trust previously declared is by the like authority legally revoked or altered, the Director-General of Conservation shall notify to the Registrar the particulars of the trust or of the alteration, revocation, or substitution, as the case may be. (3) The Registrar shall thereupon enter a notification thereof in the register, and the new or altered trust or revocation, as the case may be, shall take effect, as to the land against which the entry is made, as from the date of the entry. (4) Where, by any Act of the Parliament of New Zealand, it is declared that land other than public reserves may be vested in any person or body corporate for any special purpose, or by virtue of any office, it shall be lawful to grant or transfer land under this Act to that person or body corporate to be held accordingly; and a reference to the first-mentioned Act in the memorial of transfer or any certificate of title issued thereupon shall be notice of the capacity in which the land is held, and of all trusts expressly affecting the land by virtue thereof. (5) The disclosure of any trust under the provisions aforesaid shall have the effect of a perpetual caveat to restrain any dealing with the lands affected, so far as the dealing is manifestly inconsistent with that trust. Compare: 1915 No 35 App I; 1880 No 8 s 10; 1951 No 60 s 8 Subsection (2) was amended, as from 1 April 1987, by section 65(1) Conservation Act 1987 (1987 No 65) by substituting the words “ Director-General of Conservation ” for the words “ Commissioner of Crown Lands of the Land district where the reserve is situate ” .