Property Law Act 2007
Sections and provisions with full text and the judgments that cite each one.
Section 179 — Mortgagee may adopt agreement for sale and purchase
179 Mortgagee may adopt agreement for sale and purchase (1) If, at any time during which the mortgagee is entitled to exercise a power to sell mortgaged property, the whole or any part of the…
Section 180 — Court may authorise land and minerals to be dealt with separately
180 Court may authorise land and minerals to be dealt with separately (1) A court may, on the application of the mortgagee or receiver, make an order conferring on the mortgagee or receiver either or…
Section 181 — Powers incidental to power to sell land, mines, or minerals
181 Powers incidental to power to sell land, mines, or minerals A mortgagee’s or receiver’s power to sell mortgaged land, or to sell mines or minerals separately from mortgaged land, includes the…
Section 182 — Sale together with other property at single price
182 Sale together with other property at single price (1) A mortgagee or receiver who is entitled to sell mortgaged property may sell the whole or any part of the property, together with other…
Section 183 — Mortgagee may transfer or assign mortgaged property to purchaser
183 Mortgagee may transfer or assign mortgaged property to purchaser (1) On the sale of mortgaged property by a mortgagee,— (a) the mortgagee’s written receipt is a sufficient discharge to the…
Section 184 — Protection of purchaser at sale by mortgagee
184 Protection of purchaser at sale by mortgagee (1) This section applies to— (a) a person who purchases mortgaged property from the mortgagee or a receiver (excluding the mortgagee if the mortgagee…
Section 185 — Application of proceeds of sale of mortgaged property
185 Application of proceeds of sale of mortgaged property (1) The proceeds arising from the sale by a mortgagee of mortgaged property must be applied— (a) first, to the payment of all amounts (if…
Section 186 — Payment of surplus to the Crown if current mortgagor cannot be found
186 Payment of surplus to the Crown if current mortgagor cannot be found (1) This section applies if— (a) a mortgagee sells mortgaged property; and (b) there is a surplus that must be paid to the…
Section 187 — Sale by mortgagee through Registrar
187 Sale by mortgagee through Registrar The Registrar may, in accordance with sections 188 to 198 , conduct the sale by public auction of the whole or any part of mortgaged land. Compare: 1952 No 51…
Section 188 — Application for sale under section 187
188 Application for sale under section 187 (1) A mortgagee who is entitled to sell mortgaged land may file an application for a sale under section 187 — (a) in the office of the High Court nearest,…
Section 189 — Vendor mortgagee must nominate discharge sum
189 Vendor mortgagee must nominate discharge sum (1) In an application for a sale under section 187 , the vendor mortgagee must nominate, for the land proposed to be sold, a sum upon payment of which…
Section 190 — Registrar to arrange sale
190 Registrar to arrange sale (1) The Registrar must, as soon as practicable after receiving an application for a sale under section 187 and after being satisfied of the matters specified in…
Section 191 — Advertising of sale
191 Advertising of sale (1) The Registrar must, for the purposes of section 190 , give notice of the sale that the Registrar considers sufficient by advertisement in a newspaper circulating in the…
Section 192 — Registrar may consent to correction of defect or error
192 Registrar may consent to correction of defect or error The Registrar may, at any time before the sale, consent to the correction of any defect or error in an application for a sale under section…
Section 193 — Withdrawal of land from sale
193 Withdrawal of land from sale (1) The Registrar may approve, under section 190 , conditions of sale that include a right on the part of the vendor mortgagee to withdraw from the sale the whole or…
Section 194 — Registrar’s fees, expenses, and commission
194 Registrar’s fees, expenses, and commission (1) A vendor mortgagee who applies for a sale under section 187 must pay to the Registrar— (a) the prescribed fee payable on the making of the…
Section 195 — Current mortgagor or other person may redeem on payment of nominated discharge sum
195 Current mortgagor or other person may redeem on payment of nominated discharge sum (1) The current mortgagor or any other person who is entitled to redeem the mortgaged land may, at any time…
Section 196 — Mortgagee may purchase at sale through Registrar
196 Mortgagee may purchase at sale through Registrar (1) The vendor mortgagee may be a bidder at a sale by public auction of mortgaged land conducted by the Registrar under section 187 . (2) If, at…
Section 197 — Effect of transfer executed or registered under section 196
197 Effect of transfer executed or registered under section 196 (1) A transfer instrument, executed or registered by the Registrar under section 196 , transfers or assigns the land to which it…
Section 198 — Registration of transfer instrument
198 Registration of transfer instrument (1) A transfer instrument for land under the Land Transfer Act 1952 , executed under section 196 , may be registered. (2) The Registrar-General must, on the…
Section 199 — Applications for sale of mortgaged land by Registrar made before commencement of Act
199 Applications for sale of mortgaged land by Registrar made before commencement of Act (1) This section applies if— (a) an application is made under section 99 of the Property Law Act 1952 before 1…
Section 200 — Sale by mortgagee through court
200 Sale by mortgagee through court (1) A mortgagee who is entitled to sell mortgaged property may apply to a court for assistance— (a) in exercising the power of sale; or (b) in completing the…
Section 201 — Application for assistance must be served on certain persons
201 Application for assistance must be served on certain persons An application under section 200 must, unless the court orders otherwise, be served— (a) on the current mortgagor; and (b) on every…
Section 202 — Miscellaneous matters concerning orders under section 200
202 Miscellaneous matters concerning orders under section 200 (1) An order under section 200 may be made on any conditions the court thinks fit, including the deposit in court of a reasonable sum…
Section 203 — Person who accepts transfer, assignment, or transmission of land personally liable to mortgagee
203 Person who accepts transfer, assignment, or transmission of land personally liable to mortgagee (1) If a person accepts, subject to a mortgage, a transfer, assignment, or transmission of…
Section 204 — Liability of former mortgagor not extinguished
204 Liability of former mortgagor not extinguished Section 203 does not extinguish the liability under the mortgage of any former mortgagor. Compare: 1952 No 51 s 104(1)
Section 205 — Administrator or trustee liable only to extent of assets of estate or trust
205 Administrator or trustee liable only to extent of assets of estate or trust An administrator of the estate of a person or a trustee to whom land is transferred, assigned, or transmitted, subject…
Section 206 — Application of Part
206 Application of Part (1) This Part (except sections 208 to 215 and 217 to 224 ) applies to every lease or sublease of land that is made before, on, or after 1 January 2008. (2) Sections 208 to 215…
Section 207 — Interpretation
207 Interpretation In this Part, unless the context otherwise requires,— condition , in relation to a lease,— (a) means a covenant, condition, or power expressed or implied in the lease; and (b)…
Section 208 — Short-term lease: form
208 Short-term lease: form A short-term lease may be made orally or in writing.
Section 209 — Short-term lease: effect
209 Short-term lease: effect (1) A lessee who occupies land under a short-term lease has a legal interest in the land. (2) However, subsection (1) is subject to the Land Transfer Act 1952 . (3) The…
Section 210 — Implied term of lease if no other term agreed
210 Implied term of lease if no other term agreed (1) This section applies to a lease if— (a) the lessee is in possession of the land, although the lessor and the lessee have not agreed, expressly or…
Section 211 — Obligations of lessee to remain in force if lessee remains in possession of land with lessor’s consent after term of lease has expired
211 Obligations of lessee to remain in force if lessee remains in possession of land with lessor’s consent after term of lease has expired If section 210(1)(b) applies, all the obligations of the…
Section 212 — Lease terminating on occurrence of future event
212 Lease terminating on occurrence of future event (1) A lease is not invalid only because it provides for its termination, or permits notice of its termination to be given, on the occurrence of a…
Section 213 — Lessee remaining in possession without consent of lessor, or lessor accepting rent, after termination of lease
213 Lessee remaining in possession without consent of lessor, or lessor accepting rent, after termination of lease (1) A lessee who remains in possession of the land without the lessor’s consent…
Section 214 — Notice by joint tenants
214 Notice by joint tenants (1) This section applies to a notice of termination for a periodic tenancy that is entered into— (a) by 2 or more lessors as joint tenants; or (b) by 2 or more lessees as…
Section 215 — Sublease for same or longer term as term of superior lease
215 Sublease for same or longer term as term of superior lease (1) This section applies to a sublease under a lease (the superior lease ) if the sublease is entered into, or purportedly entered…
Section 216 — Surrender of lease to enable new superior lease to be entered into not to affect sublease
216 Surrender of lease to enable new superior lease to be entered into not to affect sublease (1) If a lease ( lease A ) is surrendered to allow a new lease ( lease B ) to be entered into with the…
Section 217 — Application of sections 218 to 220
217 Application of sections 218 to 220 Sections 218 to 220 apply, as the case requires, unless a contrary intention is expressed (whether in a lease or otherwise) in accordance with section 279(2)…
Section 218 — Covenants, conditions, and powers implied in all leases
218 Covenants, conditions, and powers implied in all leases (1) Every lease contains the implied covenants, conditions, and powers set out in Part 2 of Schedule 3. (2) The covenant set out in clause…
Section 219 — Covenant implied in leases (except unregistered short-term leases)
219 Covenant implied in leases (except unregistered short-term leases) Every lease other than a short-term lease that is not registered contains the covenant set out in Part 3 of Schedule 3 (lessee…
Section 220 — Covenant implied in unregistered short-term leases
220 Covenant implied in unregistered short-term leases Every short-term lease that is not registered contains the covenant set out in Part 4 of Schedule 3 (lessee to use premises reasonably).…
Section 221 — Reference to usual covenants
221 Reference to usual covenants In a lease, unless the context otherwise requires, a reference to usual covenants must be taken to be a reference to the covenants implied in that lease by— (a)…
Section 222 — Time for payment of rent
222 Time for payment of rent The rent payable under a lease is payable monthly in advance (whether that rent is expressed as an annual amount or in another way) unless the lessor and the lessee agree…
Section 223 — Effect of covenant to keep premises in good condition
223 Effect of covenant to keep premises in good condition In a lease, unless the context otherwise requires, a covenant to keep leased premises in good condition (or words to that effect) does not…
Section 224 — Consent not to be unreasonably withheld or delayed
224 Consent not to be unreasonably withheld or delayed (1) In a lease, unless the context otherwise requires, a covenant of the lessee not to do a thing without the lessor’s consent must be taken as…
Section 225 — Application of sections 226 to 228
225 Application of sections 226 to 228 (1) Sections 226 to 228 apply if there is a covenant in a lease that the lessee will not, without the consent of the lessor, do 1 or more of the following…
Section 226 — Consent to assignment, etc, or change of use
226 Consent to assignment, etc, or change of use (1) This section applies to a lessor who receives after 31 December 2007 an application by a lessee requesting the lessor’s consent to do 1 or more of…
Section 227 — When consent is unreasonably withheld
227 When consent is unreasonably withheld (1) For the purposes of section 226(2)(a) , consent is unreasonably withheld if,— (a) as a condition of, or in relation to, giving consent, the lessor— (i)…
Section 228 — Damages may be recovered from lessor if consent is unreasonably withheld
228 Damages may be recovered from lessor if consent is unreasonably withheld (1) A person specified in subsection (2) who suffers loss because of a failure by a lessor to comply with section 226(2)…