Section 328 — Property Law Act 2007: Court may grant reasonable access to landlocked land
Text of the provision Official document
328 Court may grant reasonable access to landlocked land (1) A court, on an application under section 327 , may— (a) make an order granting reasonable access to the landlocked land; and (b) for that purpose, specify in the order that— (i) any other piece of land (whether or not adjoining the landlocked land) must be vested in the owner of the landlocked land; or (ii) an easement over that other piece of land must be granted for the benefit of the landlocked land. (2) The court must not make an order under subsection (1) granting reasonable access to landlocked land over— (a) land that is part of a national park within the meaning of the National Parks Act 1980 ; or (b) land that is a public reserve or part of a public reserve within the meaning of the Reserves Act 1977 ; or (c) a railway line within the meaning of the New Zealand Railways Corporation Act 1981 . (3) The court may decline to make an order under subsection (1) if it considers that the applicant is entitled, and should be required, to seek relief under— (a) Te Ture Whenua Maori Act 1993 ; or (b) the Local Government Act 2002 ; or (c) any other enactment. Compare: 1952 No 51 s 129B
Official source: legislation.govt.nz
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