Section 90A — Land Transfer Act 1952: Creation and surrender of easements by easement instrument

90A Creation and surrender of easements by easement instrument (1) This section does not limit other provisions by which easements may be created or surrendered. (2) An easement that could be created or surrendered by a transfer under section 90 may be created or surrendered by an easement instrument under this section. (3) An easement instrument must include the following information: (a) in the case of an easement not in gross, the dominant and servient tenements, which must include a reference to the register in the prescribed manner; and (b) in the case of an easement in gross, the servient tenement, which must include a reference to the register in the prescribed manner, and the person to whom the easement is to be granted; and (c) the nature and extent of any easement to be created; and (d) the rights and powers that will apply to any easement to be created; and (e) any easement to be surrendered, which must include a reference to the register in the prescribed manner. (4) An easement instrument must be executed by,— (a) in the case of an easement not in gross, the registered proprietors of the dominant and servient tenements; and (b) in the case of an easement in gross, the registered proprietor of the servient tenement and the grantee. (5) Easements are created or surrendered under this section when the easement instrument specifying them is registered. (6) Section 69 of this Act and section 21 of the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 , with any necessary modifications, apply to easements created under this section. (9) Every easement certificate registered under this section is deemed, for the purposes of section 243(a) of the Resource Management Act 1991 , to be an instrument by which every easement specified in that certificate is granted or reserved. The original section 90A was inserted, as from 30 September 1959, by section 3(1) Land Transfer Amendment Act 1959 (1959 No 29). Sections 90 and 90A were substituted, as from 29 September 1961, by section 3 Land Transfer Amendment Act 1961 (1961 No 9). Subsection (1) was amended, as from 7 October 1966, by section 9(1) Land Transfer Amendment Act 1966 (1966 No 37) by substituting the words “ in relation to which the servient tenements are shown ” for the words “ which are shown ” . Subsections (2) and (3) were amended, as from 1 April 1987, by section 65(1) Conservation Act 1987 (1987 No 65) by substituting the words “ Director-General of Lands ” for the words “ Commissioner of Crown Lands for the land district in which the land is situated ” . Subsection (9)(a) was substituted, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69). Subsection (9)(b) was substituted, as from 1 December 1961, by section 43(1) Counties Amendment Act 1961 (1961 No 131). This paragraph was saved, as from 1 April 1980, by section 9(4)(a) Local Government Amendment Act 1979 (1979 No 59), the corresponding enactment to section 37(1)(a) Counties Amendment Act 1961 (as therein mentioned) is section 309(1)(a) Local Government Act 1974 (1974 No 66). Sections 90 to 90F were substituted, as from 26 August 2002, by section 43 Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 (2002 No 11). See section 66 Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 (2002 No 11) as to the transitional provisions relating to easements. See clause 2 Land Transfer (Computer Registers And Electronic Lodgement) Amendment Act Commencement Order 2002 (SR 2002/216). Subsection (9) was substituted, as from 1 July 2003, by section 262 Local Government Act 2002 (2002 No 84). See sections 273 to 314 of that Act as to the savings and transitional provisions.