Section 239 — Resource Management Act 1991: Vesting of reserves or other land

239 Vesting of reserves or other land (1) When a District Land Registrar or a Registrar of Deeds deposits a survey plan, or a Chief Surveyor approves a survey plan to which section 228 applies,— (a) Any land shown on the survey plan as reserve to be vested in the territorial authority or the Crown, vests in the territorial authority or the Crown, as the case may be, free from all interests in land, including any encumbrances (without the necessity of any instrument of release or discharge or otherwise) for the purposes shown on the survey plan, and subject to the Reserves Act 1977 ; and (b) Any land shown on the survey plan as land to be vested in the territorial authority or in the Crown in lieu of reserves, shall vest in the territorial authority or in the Crown, as the case may be, free from all interests in land, including any encumbrances (without the necessity of an instrument of release or discharge or otherwise); and (c) Any land in the coastal marine area or any part of the bed of a river or lake, shown on the survey plan as land to be vested in the territorial authority or the Crown, shall vest in the territorial authority or the Crown, as the case may be, free from all interests in land, including any encumbrances (without the necessity of an instrument of release or discharge or otherwise). (2) Notwithstanding subsection (1) , the land may be vested subject to any specified interest which the territorial authority has certified, on the survey plan, shall remain with the land. (3) Any land vested in the Crown shall, unless this Act provides otherwise,— (a) In the case of land to which section 13 of the Foreshore and Seabed Act 2004 applies, be vested in the Crown subject to that section: (b) In any other case, be vested under the Land Act 1948 . Subsection (1)(a) and (b) amended, as from 7 July 1993, by section 126(1) Resource Management Amendment Act 1993 (1993 No 65) by inserting the words “ all interests in land, including any ” and, in the case of para (b) only, the addition of the word “ ; and ” . Paragraph (c) was inserted by section 126(2) of the same amending Act. Subsections (2) and (3) were inserted, as from 7 July 1993, by section 126(3) Resource Management Amendment Act 1993 (1993 No 65). Subsection (3) was substituted, as from 25 November 1994, by section 4 Foreshore and Seabed Endowment Revesting Amendment Act 1994 (1994 No 113). Subsection (3)(a) was amended, as from 25 November 2004, by section 28 Resource Management (Foreshore and Seabed) Amendment Act 2004 (2004 No 94) by substituting the words “ section 13 of the Foreshore and Seabed Act 2004 ” for the words “ section 9A of the Foreshore and Seabed Endowment Revesting Act 1991 ” . See sections 40 to 43 of that Act.