Section 330 — Property Law Act 2007: Court may impose conditions in making order for reasonable access

330 Court may impose conditions in making order for reasonable access (1) In making an order under section 328 , a court may impose any conditions it thinks fit, including conditions relating to the following: (a) the payment of reasonable compensation by the applicant to any other person: (b) the exchange of any land between the applicant and any other person: (c) the fencing of any land and the upkeep and maintenance of any fence: (d) the upkeep and maintenance of any land over which an easement is to be granted: (e) the carrying out of a survey of any land: (f) the time within which any work necessary to give effect to the order is to be carried out: (g) the execution of any instrument or the doing of any other thing necessary to give effect to the order: (h) any other matters that the court considers relevant, including any question arising under section 331 . (2) A court making an order under section 328 may also— (a) do either of the following: (i) declare any land that is to be vested in any person to be free of any mortgage or other encumbrance; or (ii) vary, to the extent that the court considers necessary, any mortgage, lease, or contract relating to that land: (b) declare that any land that is to be vested in any person is to become subject to the terms, conditions, liabilities, and encumbrances on and subject to which the owner of the landlocked land holds that land, and accordingly that every instrument affecting the owner’s rights and obligations in respect of the landlocked land is to apply to the vested land as if that land had been expressly referred to in that instrument. (3) Part 10 of the Resource Management Act 1991 does not apply to a transfer, exchange, or other disposition of land giving effect to an order of the court under section 328 . (4) Section 348 of the Local Government Act 1974 does not apply to any easement granted in an order of the court under section 328 . (5) An order made under section 328 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 s 129B