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StatuteProperty Law Act 2007

Section 180 — Property Law Act 2007: Court may authorise land and minerals to be dealt with separately

Text of the provision Official document

180 Court may authorise land and minerals to be dealt with separately (1) A court may, on the application of the mortgagee or receiver, make an order conferring on the mortgagee or receiver either or both of the powers specified in subsection (2) if the court is satisfied that it is convenient to sell mortgaged land separately from mines or minerals but the power of sale conferred by the mortgage does not make adequate provision to that effect. (2) The powers are— (a) a power to sell the land, with an exception or reservation of all or any mines or minerals, and with or without easements, rights, or privileges over the land concerning the working of mines or the getting or carrying away of minerals: (b) a power to sell all or any mines or minerals separately from the land, and with or without any easement, right, or privilege over the land of the kind referred to in paragraph (a). (3) The court may make an order under this section on any conditions the court thinks fit. Compare: 1952 No 51 s 93

Official source: legislation.govt.nz

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Statutory text from an official public source. Informational content — does not replace advice from a qualified lawyer.