Property Law Act 2007
Sections and provisions with full text and the judgments that cite each one.
Section Sch3-14 — Lessee to use premises reasonably
14 Lessee to use premises reasonably The lessee will, at all times during the currency of the lease, use the leased premises in the way that a reasonable tenant would. Compare: 1952 No 51 s 106
Section 4 — Interpretation
4 Interpretation In this Act, unless the context otherwise requires,— acceleration clause means an express or implied term in an instrument which provides that, if there is a default, any amounts…
Section Sch4 — Covenants implied in certain instruments
Schedule 4 Covenants implied in certain instruments ss 284–290 Part 1 Covenants for right to convey, quiet enjoyment, and further assurance Section 284 This Part applies to a person ( person A ) who,…
Section 5 — Meaning of certain references
5 Meaning of certain references (1) For the purposes of this Act, a person who acquires, claims, or derives title to property through another person includes a person— (a) to whom an estate or…
Section Sch5-1 — Right to pass and re-pass
1 Right to pass and re-pass (1) The grantee and the grantor have (in common with one another) the right to go, pass, and re-pass over and along the land over which the right of way is granted. (2)…
Section Sch5-2 — Right to establish and maintain driveway
2 Right to establish and maintain driveway The owners and occupiers of the land for the benefit of which, and the land over which, the right of way is granted have the following rights against one…
Section Sch5-3 — Right to have land restored after completion of work
3 Right to have land restored after completion of work (1) This clause applies to a person bound by these covenants ( person A ) if a person entitled to enforce these covenants ( person B ) has…
Section 6 — Attorney or agent may act
6 Attorney or agent may act (1) Anything that must or may be done by or to a person under this Act may be done by or to the person’s attorney or agent if it is within the attorney’s or agent’s…
Section Sch6-1 — Certain dealings in land not valid unless made by deed
1 Certain dealings in land not valid unless made by deed (1) No partition, exchange, lease, assignment, or surrender of land is valid unless it is made by deed. (2) However, subclause (1) does not…
Section Sch6-2 — Fee to pass without words of limitation
2 Fee to pass without words of limitation A conveyance of land without words of limitation passes the fee simple or other whole estate that the party conveying has power to dispose of. Compare: 1952…
Section Sch6-3 — Form of conveyance in fee simple
3 Form of conveyance in fee simple (1) A deed in, or to the effect of, the following form passes title to, and possession of, land: Deed of Conveyance This deed, made on [ insert date ], between […
Section Sch6-4 — What conveyance of land includes
4 What conveyance of land includes (1) A conveyance of land includes all rights, easements, and appurtenances belonging to the land or usually held or enjoyed with the land. (2) Subclause (1) applies…
Section Sch6-5 — Application of stated conditions of sale
5 Application of stated conditions of sale (1) In the completion of a contract for the sale of land,— (a) 30 years is substituted for 60 years as the period of commencement of title which a purchaser…
Section Sch6-6 — Sale by administrator
6 Sale by administrator (1) On a sale by an administrator of land, the vendor’s receipt in writing is a sufficient discharge to the purchaser for the purchase money expressed to have been received.…
Section Sch6-7 — Covenants for the production of title deeds
7 Covenants for the production of title deeds (1) In a conveyance of land by way of sale, mortgage, marriage settlement, or lease, and in every other conveyance of land for valuable consideration,…
Section Sch6-8 — Form of mortgage
8 Form of mortgage (1) Mortgages of land may be made by an ordinary conveyance by way of mortgage or in the following form: Mortgage of Land (a) Mortgagor: [ full name, place of residence, and…
Section Sch6-9 — Recovery of annual sums charged on land
9 Recovery of annual sums charged on land (1) This clause applies if— (a) a person is entitled to receive out of any land, or out of the income of land, any annual sum, payable half-yearly or…
Section 7 — Act binds the Crown
7 Act binds the Crown This Act binds the Crown.
Section Sch7-“ 14 — Savings
“ 14 Savings “ (1) Nothing in this Act limits or affects— “ (a) any right or remedy that exists or is available apart from this Act; or “ (b) subpart 2 of Part 2 of the Property Law Act 2007 or any…
Section Sch7-“ 142 — Effect of Property Law Act 2007
“ 142 Effect of Property Law Act 2007 “ (1) Nothing in Part 4 of the Property Law Act 2007 applies to a tenancy to which this Act applies. “ (2) However, the Tribunal, in exercising its jurisdiction…
Section Sch7-“ 15 — Application of Act
“ 15 Application of Act “ (1) This Act does not apply to any promise, contract, or deed made before 1 April 1983. “ (2) Subsection (1) is subject to section 14(3). ”
Section Sch7-“ 16 — Limitation of redemption actions
“ 16 Limitation of redemption actions “ (1) This section applies to a mortgage of land— “ (a) only if none of that land is subject to the Land Transfer Act 1952; and “ (b) only if, and after, the…
Section Sch7-“ 24 — Power of court to grant relief if building is on wrong land or encroachment exists
“ 24 Power of court to grant relief if building is on wrong land or encroachment exists The court may exercise with respect to Māori freehold land all of the powers conferred on a court by subpart 2…
Section Sch7-“ 110A — No defence or indemnity
“ 110A No defence or indemnity “ (1) It is not a defence to a proceeding against a secured party for a breach of the duty imposed by section 110 that the secured party was acting as the agent of, or…
Section Sch7-“ 116A — Secured party selling collateral must pay prior ranking secured parties
“ 116A Secured party selling collateral must pay prior ranking secured parties “ (1) A secured party who has sold collateral under section 109 must, before applying the net proceeds of the sale…
Section Sch7-“ 5A — Certain excluded long fixed-term tenancies remain subject to repealed sections of Property Law Act 1952
“ 5A Certain excluded long fixed-term tenancies remain subject to repealed sections of Property Law Act 1952 “ (1) This section applies to a fixed-term tenancy of at least 5 years, and to which this…
Section Sch7-“ 95A — Perpetual debentures
“ 95A Perpetual debentures “ (1) A term that is expressed in a debenture or in a deed securing a debenture, issued or executed by a company, is not invalid by reason only that it provides that the…
Section Sch7-“ 95B — Power to reissue redeemed debentures in certain cases
“ 95B Power to reissue redeemed debentures in certain cases “ (1) A company that has redeemed debentures previously issued by it may— “ (a) reissue the debentures; or “ (b) issue other debentures in…
Section Sch7-“ 95C — Specific performance of contracts to subscribe for debentures
“ 95C Specific performance of contracts to subscribe for debentures “ (1) A court may order the specific performance of a contract with a company to take up and pay for any debentures of the company.…
Section 8 — Application
8 Application (1) This Act applies to the land, other property, and instruments specified in subsection (2) to the extent that the law of New Zealand applies to the land, other property, and…
Section 9 — Deed must be in writing, executed, and delivered
9 Deed must be in writing, executed, and delivered (1) A deed must be— (a) in writing; and (b) executed in accordance with this section; and (c) delivered in accordance with this section. (2) An…
Section 10 — When deed comes into force
10 When deed comes into force A deed that has been delivered comes into force,— (a) if the deed specifies a date for that purpose, on that date; or (b) if the deed does not specify a date for that…
Section 11 — Alterations after deed executed
11 Alterations after deed executed (1) The rule of law that a deed becomes invalid if there is a material alteration after its execution is abolished. (2) Subsection (1) does not validate an…
Section 12 — Attorney executing deed
12 Attorney executing deed An attorney executing a deed must be appointed by deed.
Section 13 — Contracts and other obligations entered into by bodies corporate
13 Contracts and other obligations entered into by bodies corporate (1) This section applies to any contract or other obligation entered into by a body corporate if— (a) the body corporate is…
Section 14 — Construction of supplementary or annexed deed
14 Construction of supplementary or annexed deed A deed expressed to be supplementary to a previous deed or directed to be read as an annex to a previous deed must be read, and has effect, as if it…
Section 15 — Receipt for consideration in body of deed
15 Receipt for consideration in body of deed (1) A receipt for consideration in the body of a deed has the same effect as if the receipt had been endorsed on the deed. (2) Subsection (1) applies to…
Section 16 — Powers of appointment
16 Powers of appointment (1) An appointment to be made by deed or writing (but not a will) is valid if it is executed in accordance with the requirements for the execution of a deed. (2) Subsection…
Section 17 — Disclaimer of land
17 Disclaimer of land A disclaimer of land is not valid unless it is made by deed or by order of a court. Compare: 1952 No 51 s 12
Section 18 — Specific performance of voluntary promises made by deed
18 Specific performance of voluntary promises made by deed (1) A court— (a) may make an order for the specific performance of a voluntary promise made by deed; but (b) must not refuse to do so…
Section 19 — Powers of attorney
19 Powers of attorney (1) Anything done by or to an attorney on behalf of the donor of a power of attorney has the same effect as if it had been done by or to the donor if— (a) it is within the…
Section 20 — Power of attorney continues in force until notice of revocation received
20 Power of attorney continues in force until notice of revocation received (1) A power of attorney continues in force until notice of an event revoking the power is received by the attorney. (2)…
Section 21 — Irrevocable powers of attorney
21 Irrevocable powers of attorney (1) Subsections (2) and (3) apply in favour of a purchaser. (2) An irrevocable power of attorney given for valuable consideration is not revoked by notice of an…
Section 22 — Person between 18 and 20 years may do certain things
22 Person between 18 and 20 years may do certain things (1) A person who is 18 years old or older but under 20 years old may do 1 or more of the following: (a) execute a deed: (b) appoint an attorney…
Section 23 — Construction of instruments
23 Construction of instruments (1) In an instrument, unless the context otherwise requires,— month means a calendar month person , or any term descriptive of a person, includes a body corporate. (2)…
Section 24 — Contracts for disposition of land not enforceable unless in writing
24 Contracts for disposition of land not enforceable unless in writing (1) A contract for the disposition of land is not enforceable by action unless— (a) the contract is in writing or its terms are…
Section 25 — Writing required for certain dispositions of interests in land
25 Writing required for certain dispositions of interests in land (1) A disposition of any of the following must be in writing and signed by the person making the disposition: (a) an existing…
Section 26 — Doctrine of part performance not affected
26 Doctrine of part performance not affected Sections 24 and 25 do not affect the operation of the law relating to part performance.
Section 27 — Contracts of guarantee must be in writing
27 Contracts of guarantee must be in writing (1) This section applies to contracts of guarantee coming into operation on or after 1 January 2008. (2) A contract of guarantee must be— (a) in writing;…
Section 28 — Restriction on vendor’s right to cancel agreement, etc, if purchaser in possession
28 Restriction on vendor’s right to cancel agreement, etc, if purchaser in possession (1) This section applies— (a) to any right— (i) to cancel an agreement for the sale and purchase of land; and…