LOCAL LAND SERVICES ACT 2013 - SCHEDULE 5

LOCAL LAND SERVICES ACT 2013 - SCHEDULE 5

SCHEDULE 5 – Sale of land for unpaid money owing to Local Land Services

(Sections 182 and 183)

1 Definition

In this Schedule,
"charge" means a charge or an amount payable under section 94 (Compliance notice--fencing).

2 Overdue rates and charges

For the purposes of this Schedule--

(a) a rate is overdue if it has remained unpaid for more than 5 years after the date on which it became payable, and

(b) a charge is overdue if it has remained unpaid for more than 5 years after a judgment or costs were awarded in respect of the charge.

3 Sale of land for unpaid rates and charges

(1) Local Land Services may, in accordance with this Schedule, sell any land (or part of land) on which any rate or charge is overdue.

(2) Local Land Services must not sell any such land unless it certifies the following in writing--

(a) what rates and charges (including overdue rates and charges) are payable on the land,

(b) when the rates and charges were made and how they were imposed,

(c) when and how each of those rates or charges became payable,

(d) what amounts are payable by way of overdue rates and charges on the land,

(e) what amounts are payable by way of rates and charges (other than overdue rates and charges) on the land.

(3) Local Land Services may, in the case of adjoining parcels of land (whether owned by the same person or not) each of which may be sold under this Schedule--

(a) sell them separately or as a single parcel and under whatever conditions of sale it considers proper, and

(b) do such things as it considers appropriate for the purpose of selling the land at its full value.

4 Estate and interest of the Crown in land

This Schedule does not enable the sale of--

(a) an estate or interest of the Crown in land, or

(b) any interest in land owned by the Crown that may not be transferred at law.

5 Notice of proposal to sell land

(1) Before selling land under this Schedule, Local Land Services must--

(a) fix a time and place for the sale, and

(b) give notice of the proposed sale by means of an advertisement published in the Gazette and in such other manner as Local Land Services is satisfied is likely to bring the notice to the attention of persons who may be interested in purchasing the land, and

(c) take reasonable steps to ascertain the identity of any person who has an interest in the land, and

(d) take reasonable steps to notify each such person (and the Crown, if the land concerned is owned by the Crown) of Local Land Services' intention to sell the land under this Schedule.

(1A) The time fixed for the sale must be no earlier than 3 months and no later than 6 months after the date on which an advertisement is first published in the manner determined by Local Land Services in accordance with this clause.

(2) If, before the time fixed for the sale--

(a) all rates and charges payable (including overdue rates and charges) and the expenses of Local Land Services incurred in connection with the proposed sale are paid to Local Land Services, or

(b) an arrangement satisfactory to Local Land Services for payment of all such rates, charges and expenses is entered into by the rateable person,

Local Land Services must not proceed with the sale.

6 Sale of land by public auction

(1) Any sale of land under this Schedule must be by way of public auction, except as provided by this clause.

(2) Land that fails to sell at public auction may be sold by private treaty.

(3) Land must not be sold under this Schedule to the following persons--

(a) Local Land Services,

(b) a member of the Board or a local board,

(c) a relative of a member of the Board or a local board,

(d) a member of staff of Local Land Services,

(e) a relative of a member of staff of Local Land Services.

(4) In this clause, a reference to a
"relative" of a person is a reference to a spouse or de facto partner of the person or a grandparent, parent, son, daughter, grandchild, brother, sister, uncle, aunt, niece or nephew of the person or of the person's spouse or de facto partner.

7 Payment of purchase money

The purchase money for land sold under this Schedule must be paid to Local Land Services, and the receipt of Local Land Services is a discharge to the purchaser in respect of all expenses, rates, charges and debts referred to in clause 8.

8 Application of purchase money

Local Land Services must apply any purchase money received by it on the sale of land for overdue rates and charges in or towards payment of the following purposes and in the following order--

(a) firstly, the expenses of Local Land Services incurred in connection with the sale,

(b) secondly, any rate or charge in respect of the land due to Local Land Services, or any other rating authority, and any debt in respect of the land (being a debt of which Local Land Services has notice) due to the Crown (including any meat industry levy under the Meat Industry Act 1978 ) as a consequence of the sale on an equal footing.

9 What if the purchase money is less than the amounts owing?

If the purchase money is insufficient to satisfy all rates, charges and debts referred to in clause 8 (b)--

(a) the amount available is to be divided between the rates, charges and debts in proportion to the amounts owing on each, and

(b) the rates, charges and debts are taken to have been fully satisfied.

10 What if the purchase money is more than the amounts owing?

(1) Any balance of the purchase money must be paid into the Local Land Services Fund and held by Local Land Services in trust for the persons having estates or interests in the land immediately before the sale according to their respective estates and interests.

(2) Local Land Services may pay the balance of the purchase money or any part of the balance to or among the persons who are, in its opinion, clearly entitled to it, and the receipt of the person to whom any payment is so made is an effectual discharge to Local Land Services for it.

(3) The Unclaimed Money Act 1995 applies to the balance of any purchase money held by Local Land Services as if Local Land Services were a business and the money were unclaimed money within the meaning of that Act.

11 Apportionment of rates on subdivided land

(1) This clause applies to any land on which a rate or charge is imposed and which is subsequently subdivided.

(2) If part only of any such land is sold under this Schedule, any unpaid rates and charges in respect of the land may be apportioned by Local Land Services on the recommendation of the Valuer-General.

12 Conveyance or transfer of land

Local Land Services, on payment to it of the purchase money, may convey or transfer the land to the purchaser without any other authority than that conferred by this clause.

13 Land is conveyed free of certain interests

(1) A conveyance or transfer under this Schedule vests the land in the purchaser for an estate in fee simple freed and discharged from all trusts, obligations, estates, interests, contracts and charges, and rates and charges under this or any other Act, but subject to--

(a) any reservations or conditions for the benefit of the Crown affecting the land, and

(b) any easements, restrictive covenants or positive public covenants created in accordance with section 88D or 88E of the Conveyancing Act 1919 and public rights of way affecting the land.

(2) This clause does not apply to a leasehold estate under a lease that may be transferred at law in land owned by the Crown.

14 Special provisions concerning leases of land owned by the Crown

(1) This clause applies to a leasehold estate under a lease that may be transferred at law in land owned by the Crown.

(2) A conveyance or transfer under this Schedule of a leasehold estate to which this clause applies vests the leasehold estate in the purchaser freed and discharged from all trusts, obligations, estates, interests, contracts and charges, and rates and charges under this or any other Act, but subject to--

(a) any debt payable to the Crown, and

(b) any liability for any breach before the conveyance or transfer of the lease, and

(c) the provisions of the Crown Land Management Act 2016 applicable to the leasehold estate.

15 Transfers not invalid because of procedural irregularities

A conveyance or transfer issued by Local Land Services under this Schedule is not invalid merely because Local Land Services has failed to comply with a requirement of this Schedule with respect to the sale of the land to which the conveyance or transfer relates.

16 Registration of transfer of land under Real Property Act 1900

(1) On lodgment of a transfer of land under the Real Property Act 1900 , the Registrar-General is to make such recordings in the Register kept under that Act as are necessary to give effect to this Schedule.

(2) The transfer does not operate at law until it is registered under the Real Property Act 1900 .