Property Law Act 2007
Sections and provisions with full text and the judgments that cite each one.
Section 329 — Matters court must consider in determining application for order for reasonable access
329 Matters court must consider in determining application for order for reasonable access In determining an application for an order under section 328 , the court must have regard to— (a) the nature…
Section 330 — 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…
Section 331 — Costs of work giving effect to order
331 Costs of work giving effect to order The reasonable cost of any work necessary to give effect to an order under section 328 must be met by the applicant, unless the court— (a) is satisfied,…
Section 332 — Application of this subpart
332 Application of this subpart This subpart applies to— (a) any structure that was erected on any land except a structure that— (i) was erected with a building permit or building consent issued by…
Section 333 — Court may order removal or trimming of trees or removal or alteration of structures
333 Court may order removal or trimming of trees or removal or alteration of structures (1) A court may, on an application under section 334 , order an owner or occupier of land on which a structure…
Section 334 — Owner or occupier of land may apply for order under section 333
334 Owner or occupier of land may apply for order under section 333 (1) An owner or occupier of any land may apply for an order under section 333 . (2) If an order is sought against the occupier of…
Section 335 — Matters court may consider in determining application for order under section 333
335 Matters court may consider in determining application for order under section 333 (1) In determining an application under section 334 , the court may make any order under section 333 that it…
Section 336 — Further considerations relating to trees
336 Further considerations relating to trees (1) A court determining an application under section 334 for an order for the removal or trimming of a tree under section 333 must have regard to the…
Section 337 — Court may impose conditions in making order under section 333
337 Court may impose conditions in making order under section 333 (1) In making an order under section 333 , the court may impose any conditions it thinks fit, including conditions for either or both…
Section 338 — Completion of work required by order under section 333
338 Completion of work required by order under section 333 (1) The work necessary to carry out an order made under section 333 must be completed within— (a) 20 working days after the date of the…
Section 339 — Court may order division of property
339 Court may order division of property (1) A court may make, in respect of property owned by co-owners, an order— (a) for the sale of the property and the division of the proceeds among the…
Section 340 — Order under section 339(1)(b) subject to restrictions on subdivision of land
340 Order under section 339(1)(b) subject to restrictions on subdivision of land (1) No order under section 339(1)(b) (and no related order under section 339(4)) may subdivide land contrary to…
Section 341 — Application for order under section 339(1)
341 Application for order under section 339(1) (1) An application for an order under section 339(1) (and for any related order under section 339(4)) may be made by all or any of the following people:…
Section 342 — Relevant considerations
342 Relevant considerations A court considering whether to make an order under section 339(1) (and any related order under section 339(4)) must have regard to the following: (a) the extent of the…
Section 343 — Further powers of court
343 Further powers of court A further order referred to in section 339(4) is an order that is made in addition to an order under section 339(1) and that does all or any of the following: (a) requires…
Section 344 — Purpose of this subpart
344 Purpose of this subpart The purpose of this subpart is to enable a court to order that property acquired or received under or through certain prejudicial dispositions made by a debtor (or its…
Section 345 — Interpretation
345 Interpretation (1) For the purposes of this subpart,— (a) a disposition of property prejudices a creditor if it hinders, delays, or defeats the creditor in the exercise of any right of recourse…
Section 346 — Dispositions to which this subpart applies
346 Dispositions to which this subpart applies (1) This subpart applies only to dispositions of property made after 31 December 2007— (a) by a debtor to whom subsection (2) applies; and (b) with…
Section 347 — Application for order under section 348
347 Application for order under section 348 (1) Only the following may apply for an order under section 348 : (a) a creditor who claims to be prejudiced by a disposition of property to which this…
Section 348 — Court may set aside certain dispositions of property
348 Court may set aside certain dispositions of property (1) A court may make an order under this section— (a) on an application for the purpose (made and served in accordance with section 347 ); and…
Section 349 — Protection of persons receiving property under disposition
349 Protection of persons receiving property under disposition (1) A court must not make an order under section 348 against a person who acquired property in respect of which a court could otherwise…
Section 350 — Person in or to whom order under section 348 vests property or makes compensation for it payable
350 Person in or to whom order under section 348 vests property or makes compensation for it payable (1) Property vested, or compensation to be paid, by or under an order under section 348 , vests…
Section 351 — Application of Schedule 6
351 Application of Schedule 6 Schedule 6 applies only to— (a) land that is— (i) not owned by the Crown; and (ii) not under the Land Transfer Act 1952 ; and (b) instruments relating to land to which…
Section 352 — Documents to which section 353 applies
352 Documents to which section 353 applies Section 353 applies to a notice, cross-notice, or other document required or authorised to be given to, or served on, a person by any of the following…
Section 353 — How documents in section 352 to be given or served
353 How documents in section 352 to be given or served (1) A document to which this section applies ( see section 352 ) is not adequately given or served unless it is given to, or served on,— (a) an…
Section 354 — How other documents to be given or served
354 How other documents to be given or served (1) This section applies to a notice or other document— (a) required or authorised to be given to, or served on, a person by this Act; but (b) that is…
Section 355 — Person to or on whom document to be given or served in special cases
355 Person to or on whom document to be given or served in special cases (1) This section applies if a notice, cross-notice, or other document (the document ) is required or authorised to be given…
Section 356 — Sections 353 to 355 and service in legal proceedings
356 Sections 353 to 355 and service in legal proceedings Sections 353 to 355 do not apply to the service of a document in a legal proceeding, whether the proceeding is brought under this Act or…
Section 357 — Orders dispensing with, or directing manner of, service
357 Orders dispensing with, or directing manner of, service (1) In any case referred to in sections 353 to 355 ,— (a) a court may, on an application for the purpose, make an order— (i) dispensing…
Section 358 — Agent defined for purposes of sections 353 and 355
358 Agent defined for purposes of sections 353 and 355 In sections 353 and 355 , agent , in relation to a person who is overseas, the Secretary to the Treasury, or any other chief executive of a…
Section 359 — Manner of giving or serving notices
359 Manner of giving or serving notices (1) A notice, cross-notice, or other document is given to, or served on, an individual person (including an individual person referred to in section 355 ) when…
Section 360 — Receipt for purposes of section 359
360 Receipt for purposes of section 359 A notice, cross-notice, or other document is received by a person for the purposes of section 359 when— (a) it is handed to, and accepted by, that person; or…
Section 361 — Time of service if more than 1 person to be served
361 Time of service if more than 1 person to be served (1) This section applies to a notice, cross-notice, or other document if, under a provision of this Act,— (a) time runs from the time at which…
Section 362 — Jurisdiction of District Courts
362 Jurisdiction of District Courts (1) Every District Court has jurisdiction to hear and determine the following matters, or to make the following orders: (a) a question or dispute concerning the…
Section 363 — Regulations
363 Regulations The Governor-General may, by Order in Council, make regulations for all or any of the following purposes: (a) prescribing the forms of notices required by sections 119 and 128 : (b)…
Section 364 — Consequential amendments
364 Consequential amendments (1) The enactments specified in Schedule 7 are amended in the manner specified in that schedule. (2) However, if section 443(1) of the Insolvency Act 2006 (which repeals…
Section 365 — Imperial enactments relating to property no longer part of law of New Zealand
365 Imperial enactments relating to property no longer part of law of New Zealand (1) The enactments to which this section applies cease to have effect as part of the law of New Zealand. (2) This…
Section 366 — Property Law Act 1952 and 2 related Acts repealed
366 Property Law Act 1952 and 2 related Acts repealed The following are repealed: (a) Contracts Enforcement Act 1956 (1956 No 23): (b) Distress and Replevin Act 1908 (1908 No 47): (c) Property Law…
Section 367 — Existing matters, proceedings, and instruments
367 Existing matters, proceedings, and instruments (1) Matters or proceedings may be continued, completed, and enforced under a provision of this Act that, with or without modification, replaces, or…
Section 368 — Distraint may be completed
368 Distraint may be completed The levying of any distress for rent or other amounts payable under a lease of land or for a rentcharge that has lawfully been commenced, but not completed, before 1…
Section 369 — Transitional provisions relating to Insolvency Act 2006
369 Transitional provisions relating to Insolvency Act 2006 (1) Until the commencement of Part 6 of the Insolvency Act 2006, the definition of bankrupt in section 4 of this Act must be read as if the…
Section 370 — Transitional provisions relating to Companies Amendment Act 2006
370 Transitional provisions relating to Companies Amendment Act 2006 (1) Until the commencement of section 40 of the Companies Amendment Act 2006, section 153(2)(c) and (4) of this Act must be read…
Section 371 — Transitional provision relating to Insolvency (Cross-border) Act 2006
371 Transitional provision relating to Insolvency (Cross-border) Act 2006 Until the commencement of section 13 of the Insolvency (Cross-border) Act 2006, references in this Act to an overseas company…