Section 325 — Property Law Act 2007: Orders court may make

325 Orders court may make (1) In granting relief under section 323 on an application under section 322 , the court may make 1 or more orders to the following effect: (a) requiring any land specified in the order to be vested in the owner of the land affected by, or the land intended for, the wrongly placed structure, or in any other person with an estate or interest in either of those pieces of land: (b) granting an easement over any land specified in the order for the benefit of the land affected by, or the land intended for, the wrongly placed structure: (c) giving the owner of the land affected by, or the land intended for, the wrongly placed structure, or any other person with an estate or interest in either of those pieces of land, the right to possession of any land specified in the order for the period and on the conditions that the court may specify: (d) giving the owner of the land affected by the wrongly placed structure, or any other person having an estate or interest in that piece of land, the right to possession of the whole or any part of the structure that is specified in the order: (e) allowing or directing any person specified in the order to remove the whole or any specified part of a wrongly placed structure and any specified fixtures or chattels from any land specified in the order: (f) requiring any person to whom relief is granted under paragraphs (a) to (e) to pay to any person specified in the order reasonable compensation as determined by the court. (2) In an order under subsection (1)(a), the court may— (a) declare any land that is to be vested in any person to be free from any mortgage or other encumbrance; or (b) vary, to the extent that the court considers necessary, any mortgage, lease, or contract relating to that land. (3) An order under subsection (1) may be made on any conditions the court thinks fit concerning— (a) the execution of any instrument; or (b) the doing of any other thing necessary to give effect to the order. (4) Part 10 of the Resource Management Act 1991 does not apply to a transfer or other disposition of land giving effect to an order of the court under subsection (1). (5) Section 348 of the Local Government Act 1974 does not apply to any easement granted in an order of the court under subsection (1). (6) An order under subsection (1) may be registered as an instrument under, as the case requires,— (a) the Land Transfer Act 1952 ; or (b) the Deeds Registration Act 1908 ; or (c) Part 1 of the Crown Minerals Act 1991. Compare: 1952 No 51 ss 129 , 129A