Section 190 — Property Law Act 2007: Registrar to arrange sale
Text of the provision Official document
190 Registrar to arrange sale (1) The Registrar must, as soon as practicable after receiving an application for a sale under section 187 and after being satisfied of the matters specified in subsection (2),— (a) approve the proposed sale; and (b) fix a convenient time (being not shorter than 1 month after the date of the application) for the conduct of the sale; and (c) fix a convenient place for the conduct of the sale; and (d) if the vendor mortgagee has supplied their names and addresses under section 188(2)(b) , give written notice to every person referred to in that paragraph of— (i) the time and place at which the sale is to be conducted; and (ii) the discharge sum nominated by the vendor mortgagee for the land proposed to be sold; and (e) approve proper conditions of sale, employ an auctioneer, and do all other things necessary for the proper conduct of the sale by public auction, without reserve, of the land proposed to be sold; and (f) advertise the sale in accordance with section 191 . (2) The matters of which the Registrar must be satisfied are— (a) that, by reason of a default that has not been remedied, the vendor mortgagee has become entitled under the mortgage to exercise a power to sell the mortgaged land proposed to be sold; and (b) that the vendor mortgagee has complied with all relevant provisions of subpart 5 concerning the exercise of the power of sale. (3) For the purposes of subsection (1)(b), the date of an application for a sale under section 187 is the date on which the completed application is filed in the proper office of the High Court as provided in section 188 . Compare: 1952 No 51 s 99(2)
Official source: legislation.govt.nz
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