Property Law Act 2007 Assignment Discovery

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PROPERTY LAW ACT 2007

  1. ANALYSIS
    1. 1 Title
    2. 2 Commencement
  2. 1: Preliminary provisions
    1. 3 Purpose
    2. 4 Interpretation
    3. 5 Meaning of certain references
    4. 6 Attorney or agent may act
    5. 7 Act binds the Crown
    6. 8 Application
  3. 2: General rules relating to dispositions, instruments, transactions, and property
    1. 9 Deed must be in writing, executed, and delivered
    2. 10 When deed comes into force
    3. 11 Alterations after deed executed
    4. 12 Attorney executing deed
    5. 13 Contracts and other obligations entered into by bodies corporate
    6. 14 Construction of supplementary or annexed deed
    7. 15 Receipt for consideration in body of deed
    8. 16 Powers of appointment
    9. 17 Disclaimer of land
    10. 18 Specific performance of voluntary promises made by deed
    11. 19 Powers of attorney
    12. 20 Power of attorney continues in force until notice of revocation received
    13. 21 Irrevocable powers of attorney
    14. 22 Person between 18 and 20 years may do certain things
    15. 23 Construction of instruments
    16. 24 Contracts for disposition of land not enforceable unless in writing
    17. 25 Writing required for certain dispositions of interests in land
    18. 26 Doctrine of part performance not affected
    19. 27 Contracts of guarantee must be in writing
    20. 28 Restriction on vendor's right to cancel agreement, etc, if purchaser in possession
    21. 29 Requirements for vendor's notice to purchaser
    22. 30 Defects that do not invalidate vendor's notice or prevent purchaser offering reasonable compensation
    23. 31 Section 28 does not prevent or limit claims for damages
    24. 32 Instruments have no effect so far as they conflict with section 28, 29, 30, or 31
    25. 33 Relief against cancellation of agreement for sale of land
    26. 34 Section 33 replaces all other jurisdiction to grant relief
    27. 35 Application for relief not to constitute admission
    28. 36 Instruments have no effect so far as they conflict with section 33 or 34
    29. 37 Purchaser may apply for order requiring refund of deposit, etc, in respect of certain agreements
    30. 38 Court awarding damages against purchaser must take into account relief granted under section 37
    31. 39 Agreements have no effect so far as they conflict with section 37 or 38
    32. 40 Purchaser of lease must treat lease conditions as having been observed if vendor produces copy of rent receipt
    33. 41 Vendor must ensure register not limited as to title (whether or not register is also limited as to parcels)
    34. 42 Auction sales of property other than goods
    35. 43 Later title not invalid because of defect in court order
    36. 44 Certain instruments authorise payment to practitioner instead of party for whom practitioner acts
    37. 45 Apportionments in respect of time
    38. 46 Payment and recovery of apportioned part of periodical payment
    39. 47 Apportionment of rent from property
    40. 48 Interpretation
    41. 49 Application of subpart
    42. 50 How thing in action assigned
    43. 51 Further consequences of assignment of thing in action
    44. 52 Further provisions about assignments
    45. 53 Assignment of amounts payable in future
    46. 54 Effect of no registration clause
    47. 55 Tenants in common may declare that they are joint tenants
    48. 56 Person may dispose of property to himself, herself, or itself
    49. 57 Feudal incidents of estate in fee simple abolished
    50. 58 Abolition of obsolete estates and rules
    51. 59 Future estates and interests
    52. 60 Doctrine of interesse termini abolished
    53. 61 Life estate in leasehold estate
    54. 62 Creation and disposition of estates and interests in property
    55. 63 Contingent remainders and interests
    56. 64 When gifts over cease to be capable of taking effect
    57. 65 Meaning of heirs and similar words
    58. 66 Future interests to carry accumulated income
    59. 67 Vendor has no lien
    60. 68 Voluntary waste or equitable waste by life tenant or lessee
    61. 69 Voluntary or equitable waste by co-owner
    62. 70 Permissive waste abolished
    63. 71 Release of part of land from rentcharge
    64. 72 Body corporate may hold property as joint tenant
    65. 73 Release and disclaimer of powers
    66. 74 Power to appoint among different objects
  4. 3: Mortgages
    1. 75 Application of Part
    2. 76 Application of sections 79, 92, 94, 95, and 96
    3. 77 Non-application of Part to security interests in consumer goods
    4. 78 Provisions of Part are supplementary, but subject, to Personal Property Securities Act 1999 in relation to mortgages over personal property
    5. 79 Mortgage over land to take effect as charge
    6. 80 No mortgage over land by deposit of instruments of title
    7. 81 Right of mortgagor to bring proceeding against mortgagee
    8. 82 Effect of advance on joint account
    9. 83 Discharge of mortgage
    10. 84 Assignment of mortgage
    11. 85 Variation of mortgage
    12. 86 Effect of mortgage variation instrument
    13. 87 Mortgage secures advances for protection and realisation of security
    14. 88 Priority extends to advances for protection and realisation of security
    15. 89 Priority of security for advances after subsequent mortgage comes into operation
    16. 90 Advance of specified principal amount after subsequent mortgage
    17. 91 Priority extends to further advances if mortgagee does not have actual notice of subsequent mortgage or is obliged to make further advances
    18. 92 Priority extends to further advances up to stated priority limit
    19. 93 Interpretation for purposes of sections 91 and 92
    20. 94 Transitional provisions for further advances
    21. 95 Covenants implied in mortgages over land
    22. 96 Covenants implied in mortgages over goods (except inventory)
    23. 97 Equity of redemption
    24. 98 Amounts secured include interest for unexpired portion of term
    25. 99 Mortgagor or other person seeking to redeem must give notice or pay interest in certain circumstances
    26. 100 Requirement to pay interest subject to credit contract legislation
    27. 101 Terms in instrument of no effect if less favourable
    28. 102 Request to mortgagee to transfer mortgage
    29. 103 Mortgagee must transfer mortgage after receiving request
    30. 104 Right to inspect instruments of title
    31. 105 Restriction on consolidation
    32. 106 Instruments have no effect so far as they conflict with section 102, 103, 104, or 105
    33. 107 Application for order of court directing sale of mortgaged property
    34. 108 Court may make order directing sale of mortgaged property
    35. 109 Redemption when mortgagee cannot be found, etc
    36. 110 Redemption by order of court
    37. 111 Certificates and orders operate as discharge of mortgage
    38. 112 Redemption by payment to Public Trust
    39. 113 Instruments of title must be delivered on production of Public Trust's receipt or certificate
    40. 114 Public Trust not liable if acts reasonably and in good faith
    41. 115 Court may order discharge of mortgage if periodical payments secured are otherwise provided for
    42. 116 Certificate operates as discharge of mortgage
    43. 117 Foreclosure abolished
    44. 118 Mortgagee accepting interest after expiry of term not to call up without notice
    45. 119 Notice must be given to current mortgagor of mortgaged land of exercise of powers, etc
    46. 120 Form of notice under section 119
    47. 121 Copy of notice under section 119 must be served on former mortgagor, covenantor, subsequent mortgagee, and caveator
    48. 122 Notice of intention to recover deficiency in relation to mortgages over land
    49. 123 Instruments have no effect so far as they conflict with section 119, 120, 121, or 122
    50. 124 Conditional sale of land permitted before expiry of notice
    51. 125 Notice not required before exercising certain powers under mortgage debenture
    52. 126 Court may grant leave to enter into possession of land, etc
    53. 127 Transitional provisions for notices given or served before commencement of Act
    54. 128 Notice must be given to current mortgagor of mortgaged goods of exercise of powers
    55. 129 Form of notice under section 128(1)
    56. 130 Copy of notice under section 128 must be served on former mortgagor, covenantor, and subsequent mortgagee
    57. 131 Instruments have no effect so far as they conflict with section 128, 129, or 130
    58. 132 Notice of intention to recover deficiency in relation to mortgages over goods
    59. 133 Instruments have no effect so far as they conflict with section 132
    60. 134 Conditional sale of goods permitted before expiry of notice
    61. 135 Notice concerning goods not required in certain cases
    62. 136 Court may grant leave to exercise power of sale of goods or to claim deficiency
    63. 137 Exercise of power to enter into possession
    64. 138 Mortgagee may not enter into or take physical possession if mortgagee has consented to lease
    65. 139 When mortgagee becomes mortgagee in possession
    66. 140 Mortgagees in possession of accounts receivable
    67. 141 Mortgagee in possession of leasehold estate or interest in land or of leased goods
    68. 142 Mortgagee in possession of land may enter into lease
    69. 143 Terms and conditions of lease entered into by mortgagee in possession
    70. 144 Extent to which lease of land entered into by mortgagee in possession is binding on certain persons
    71. 145 Mortgagee in possession may enter into lease of mortgaged land together with other land
    72. 146 Registrar-General or other person need not inquire whether occasion has arisen authorising mortgagee to enter into lease
    73. 147 Mortgagee in possession of land may exercise powers under lease
    74. 148 Mortgagee in possession may manage land, goods, or accounts receivable
    75. 149 Mortgagee in possession of land may harvest crops and timber
    76. 150 Mortgagee in possession may protect or repair mortgaged land or goods
    77. 151 Mortgagee in possession of land liable for waste
    78. 152 Application of income received by mortgagee in possession
    79. 153 Preferential claims
    80. 154 Transitional provisions relating to preferential claims
    81. 155 Mortgagee in possession to account to current mortgagor
    82. 156 Notice of entry into possession of mortgaged land or goods
    83. 157 Address to which notice to current mortgagor must be sent
    84. 158 Public notice
    85. 159 Current mortgagor to make information available and give reasonable assistance to mortgagee in possession
    86. 160 Accounting records
    87. 161 Mortgagee in possession must keep money relating to land, goods, or accounts receivable separate from other money
    88. 162 First report by mortgagee in possession
    89. 163 Further reports by mortgagee in possession
    90. 164 Extension of time for preparing reports
    91. 165 Persons entitled to receive reports
    92. 166 Persons entitled to inspect reports
    93. 167 Duty to notify breaches of other Acts
    94. 168 Withdrawal of mortgagee from possession
    95. 169 Mortgagee who has withdrawn from possession not entitled to receive income after withdrawal
    96. 170 Withdrawal with consent of court
    97. 171 Withdrawal by direction of court
    98. 172 Restriction on re-entry into possession after withdrawal
    99. 173 Notice that mortgagee has withdrawn from possession
    100. 174 Defences available to directors in proceedings for offences under this subpart
    101. 175 Application of various provisions to mortgagees who entered into possession before commencement of Act
    102. 176 Duty of mortgagee exercising power of sale
    103. 177 No defence or indemnity
    104. 178 Powers incidental to power of sale
    105. 179 Mortgagee may adopt agreement for sale and purchase
    106. 180 Court may authorise land and minerals to be dealt with separately
    107. 181 Powers incidental to power to sell land, mines, or minerals
    108. 182 Sale together with other property at single price
    109. 183 Mortgagee may transfer or assign mortgaged property to purchaser
    110. 184 Protection of purchaser at sale by mortgagee
    111. 185 Application of proceeds of sale of mortgaged property
    112. 186 Payment of surplus to the Crown if current mortgagor cannot be found
    113. 187 Sale by mortgagee through Registrar
    114. 188 Application for sale under section 187
    115. 189 Vendor mortgagee must nominate discharge sum
    116. 190 Registrar to arrange sale
    117. 191 Advertising of sale
    118. 192 Registrar may consent to correction of defect or error
    119. 193 Withdrawal of land from sale
    120. 194 Registrar's fees, expenses, and commission
    121. 195 Current mortgagor or other person may redeem on payment of nominated discharge sum
    122. 196 Mortgagee may purchase at sale through Registrar
    123. 197 Effect of transfer executed or registered under section 196
    124. 198 Registration of transfer instrument
    125. 199 Applications for sale of mortgaged land by Registrar made before commencement of Act
    126. 200 Sale by mortgagee through court
    127. 201 Application for assistance must be served on certain persons
    128. 202 Miscellaneous matters concerning orders under section 200
    129. 203 Person who accepts transfer, assignment, or transmission of land personally liable to mortgagee
    130. 204 Liability of former mortgagor not extinguished
    131. 205 Administrator or trustee liable only to extent of assets of estate or trust
  5. 4: Leases of land
    1. 206 Application of Part
    2. 207 Interpretation
    3. 208 Short-term lease: form
    4. 209 Short-term lease: effect
    5. 210 Implied term of lease if no other term agreed
    6. 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
    7. 212 Lease terminating on occurrence of future event
    8. 213 Lessee remaining in possession without consent of lessor, or lessor accepting rent, after termination of lease
    9. 214 Notice by joint tenants
    10. 215 Sublease for same or longer term as term of superior lease
    11. 216 Surrender of lease to enable new superior lease to be entered into not to affect sublease
    12. 217 Application of sections 218 to 220
    13. 218 Covenants, conditions, and powers implied in all leases
    14. 219 Covenant implied in leases (except unregistered short-term leases)
    15. 220 Covenant implied in unregistered short-term leases
    16. 221 Reference to usual covenants
    17. 222 Time for payment of rent
    18. 223 Effect of covenant to keep premises in good condition
    19. 224 Consent not to be unreasonably withheld or delayed
    20. 225 Application of sections 226 to 228
    21. 226 Consent to assignment, etc, or change of use
    22. 227 When consent is unreasonably withheld
    23. 228 Damages may be recovered from lessor if consent is unreasonably withheld
    24. 229 Instruments have no effect so far as they conflict with section 225, 226, 227, or 228
    25. 230 Merger of reversion not to affect remedies
    26. 231 Burden of lessor's covenants to run with reversion
    27. 232 Rights under lease to which section 233 applies
    28. 233 Benefit of lessee's covenants to run with reversion
    29. 234 When rights arising from covenants may be exercised
    30. 235 Rights and obligations under lease after severance
    31. 236 Notice of termination of lease after severance
    32. 237 Effect of payment by lessee to assignor of reversion
    33. 238 Effect of acknowledgement by lessee of another person as lessor
    34. 239 Application of subpart
    35. 240 Transferee or assignee becomes lessee
    36. 241 Transferor or assignor remains liable
    37. 242 Covenant implied in transfer or assignment of lease
    38. 243 Sections 244 to 264 to be code
    39. 244 Cancellation of lease for breach of covenant or condition: general
    40. 245 Cancellation of lease for breach of covenant to pay rent
    41. 246 Cancellation of lease for breach of other covenants
    42. 247 Defects that do not invalidate notice of intention to cancel lease
    43. 248 Application to court for possession of land made before expiry of period of notice of intention to cancel lease
    44. 249 Consequences of serving on lessee notice of intention to cancel lease under section 245 or 246
    45. 250 Acceptance of rent by lessor after notice of intention to cancel lease given not to operate as waiver of lessor's rights
    46. 251 Powers of court in making order for possession
    47. 252 Effect of sections 244 to 251
    48. 253 Relief against cancellation of lease for breach of covenant or condition
    49. 254 Mortgagee or receiver may apply for extension of time for bringing proceedings
    50. 255 Application for relief not to constitute admission
    51. 256 Powers of court on application for relief
    52. 257 Effect of order granting relief against cancellation of lease
    53. 258 Protection of sublessee on cancellation of superior lease
    54. 259 Interested person may apply for extension of time for bringing proceedings
    55. 260 Powers of court on application for relief by sublessee
    56. 261 Relief against lessor's refusal to enter into renewal or sell reversion to lessee
    57. 262 How application under section 261 for relief under section 264 to be made
    58. 263 Matters lessee must be informed of by notice
    59. 264 Relief court may grant on application
    60. 265 Right to distrain abolished
    61. 266 Removal of fixtures by lessee
    62. 267 Effect of unlawful eviction on lessee's obligations
    63. 268 Application of sections 269 and 270
    64. 269 Exoneration of lessee if lessor is insured
    65. 270 Rights of lessor if insurance for leased premises or land is affected by negligence of lessee or lessee's agent
    66. 271 Lessee may acknowledge lessor has not insured, or fully insured, premises
    67. 272 Instruments have no effect so far as they conflict with section 269, 270, or 271
    68. 273 Effect of waiver
    69. 274 Administrator not personally liable
  6. 5: Covenants, easements, profits, and access lots
    1. 275 Sections 276 to 278 apply to covenants express or implied
    2. 276 Effect of covenants made by 2 or more covenantors
    3. 277 Effect of covenants for benefit of 2 or more covenantees
    4. 278 Covenants persons made with themselves
    5. 279 Construction and variation, etc, of implied covenants
    6. 280 Covenants implied by this Act are generally cumulative
    7. 281 Only by enactments can covenants be implied as matter of law in certain instruments relating to property, etc
    8. 282 Application of subpart
    9. 283 Covenants implied unless contrary intention expressed
    10. 284 Covenants implied in instruments creating, transferring, or assigning estates or interests in land
    11. 285 Covenant implied in instruments transferring or assigning lease of land
    12. 286 Covenants implied in instruments by fiduciary or mortgagee
    13. 287 When person executes instruments in fiduciary capacity for purposes of section 286
    14. 288 Covenants implied in encumbrances of property
    15. 289 Covenant implied in transfers or assignments of land subject to encumbrance
    16. 290 Restriction on liability of certain administrators or trustees on covenant under section 289
    17. 291 Easements in gross permitted
    18. 292 Easement includes profit, etc, in sections 293 to 296
    19. 293 Easements, etc, granted for fixed term: benefits
    20. 294 Easements, etc, granted for fixed term: burden
    21. 295 Easements, etc, granted for fixed term: apportionment after severance of reversion as regards land or estate
    22. 296 Easements, etc, can no longer be acquired by prescription
    23. 297 Covenants implied in grant of vehicular right of way
    24. 298 Rights of proprietors of access lot that is or includes driveway or proposed driveway
    25. 299 Grant of easement of light or air
    26. 300 Effect of easement of light or air
    27. 301 Construction of covenants relating to land: benefits
    28. 302 Construction of covenants relating to land: burdens
    29. 303 Legal effect of covenants running with land
    30. 304 Whether, and to what extent, administrator bound by covenant to which section 303 applies
    31. 305 How rights under covenant to which section 303 applies rank in relation to other unregistered interests
    32. 306 Certain duties under, and law on, restrictive covenants not limited or affected by section 303
    33. 307 Notification of covenants
    34. 308 Person entitled may give notice of work required
    35. 309 Requirements for notice served under section 308
    36. 310 Person bound who does not agree may serve cross-notice
    37. 311 Circumstances in which person bound is not liable
    38. 312 Person entitled or person bound ceasing to be owner or occupier
    39. 313 Court may enforce easements and positive or restrictive covenants
    40. 314 Duties of court making order under section 313(1)(e) on sharing of cost of work under vehicular right of way
    41. 315 Application of sections 313 and 317, etc, to access lots
    42. 316 Application for order under section 317
    43. 317 Court may modify or extinguish easement or covenant
    44. 318 Registration and recording of orders under section 317
  7. 6: Special powers of court
    1. 319 Owner or occupier of land may apply to court for order authorising entry onto or over neighbouring land
    2. 320 Powers of court making order authorising entry onto or over neighbouring land
    3. 321 Interpretation
    4. 322 Certain persons may apply for relief for wrongly placed structure
    5. 323 Court may grant relief for wrongly placed structure
    6. 324 Matters court may consider in determining application for relief
    7. 325 Orders court may make
    8. 326 Interpretation
    9. 327 Owner or occupier of landlocked land may apply to court
    10. 328 Court may grant reasonable access to landlocked land
    11. 329 Matters court must consider in determining application for order for reasonable access
    12. 330 Court may impose conditions in making order for reasonable access
    13. 331 Costs of work giving effect to order
    14. 332 Application of this subpart
    15. 333 Court may order removal or trimming of trees or removal or alteration of structures
    16. 334 Owner or occupier of land may apply for order under section 333
    17. 335 Matters court may consider in determining application for order under section 333
    18. 336 Further considerations relating to trees
    19. 337 Court may impose conditions in making order under section 333
    20. 338 Completion of work required by order under section 333
    21. 339 Court may order division of property
    22. 340 Order under section 339(1)(b) subject to restrictions on subdivision of land
    23. 341 Application for order under section 339(1)
    24. 342 Relevant considerations
    25. 343 Further powers of court
    26. 344 Purpose of this subpart
    27. 345 Interpretation
    28. 346 Dispositions to which this subpart applies
    29. 347 Application for order under section 348
    30. 348 Court may set aside certain dispositions of property
    31. 349 Protection of persons receiving property under disposition
    32. 350 Person in or to whom order under section 348 vests property or makes compensation for it payable
  8. 7: Miscellaneous provisions
    1. 351 Application of Schedule 6
    2. 352 Documents to which section 353 applies
    3. 353 How documents in section 352 to be given or served
    4. 354 How other documents to be given or served
    5. 355 Person to or on whom document to be given or served in special cases
    6. 356 Sections 353 to 355 and service in legal proceedings
    7. 357 Orders dispensing with, or directing manner of, service
    8. 358 Agent defined for purposes of sections 353 and 355
    9. 359 Manner of giving or serving notices
    10. 360 Receipt for purposes of section 359
    11. 361 Time of service if more than 1 person to be served
    12. 362 Jurisdiction of District Courts
    13. 363 Regulations
    14. 364 Consequential amendments
    15. 365 Imperial enactments relating to property no longer part of law of New Zealand
    16. 366 Property Law Act 1952 and 2 related Acts repealed
    17. 367 Existing matters, proceedings, and instruments
    18. 368 Distraint may be completed
    19. 369 Transitional provisions relating to Insolvency Act 2006
    20. 370 Transitional provisions relating to Companies Amendment Act 2006
    21. 371 Transitional provision relating to Insolvency (Cross-border) Act 2006
  9. Schedule(s)
    1. 1 FIRST: Form of certificate of non-revocation of power of attorney
    2. 2 SECOND: Covenants implied in mortgages
    3. 3 THIRD: Covenants, conditions, and powers implied in leases of land
    4. 4 FOURTH: Covenants implied in certain instruments
    5. 5 FIFTH: Covenants implied in grants of vehicular rights of way
    6. 6 SIXTH: Provisions applying to land not owned by the Crown and not under Land Transfer Act 1952
    7. 7 SEVENTH: Consequential amendments
Property Law Act 2007 ANALYSIS


1 Title

This Act is the Property Law Act 2007.



2 Commencement

This Act comes into force on 1 January 2008.



3 Purpose

The purpose of this Act is to restate, reform, and codify (in part) certain aspects of the law relating to real and personal property.



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 secured by a mortgage become payable (or may be called up as becoming payable) earlier than would be the case if there had not been a default

access lot, in sections 298 and 315 and in relation to a subdivision, means a separate allotment---

(a) in the subdivision; and

(b) that was created to provide access---

(i) from all or any of the other allotments of the subdivision; and

(ii) to an existing road or street

account receivable has the same meaning as in the Personal Property Securities Act 1999

address, in relation to a person, means the actual or last-known place of residence or business of the person

administrator has the same meaning as in the Administration Act 1969

at risk has the same meaning as in section 109(2) of the Personal Property Securities Act 1999

bankrupt---

(a) means a person who is adjudged bankrupt; and

(b) includes a deceased person''s estate administered under Part 6 of the Insolvency Act 2006

company has the same meaning as in the Companies Act 1993

consumer goods has the same meaning as in the Personal Property Securities Act 1999

conveyance includes any deed of assignment, appointment, lease, settlement, or other assurance by deed of any property

co-owner means a tenant in common or a joint tenant

court, in relation to any matter, means the court before which the matter falls to be determined

covenant means a promise expressed or implied in---

(a) an instrument; or

(b) a short-term lease not made in writing

covenantor, in relation to a mortgage,---

(a) means a person, other than the mortgagor, who has agreed to pay money or perform obligations secured by the mortgage; and

(b) includes a guarantor

creditor includes---

(a) a person who is a creditor within the meaning of section 240 of the Companies Act 1993; and

(b) a person who can prove a debt under the Insolvency Act 2006 current mortgagor, in relation to mortgaged property, means a mortgagor who is currently the owner of the property

debenture, except in the term mortgage debenture, means a secured or unsecured debenture

deed, in relation to land under the Land Transfer Act 1952, includes an instrument having the effect of a deed under that Act

default means---

(a) a failure---

(i) to pay on the due date any amounts secured by an instrument; or

(ii) to perform or observe any other express or implied covenant in an instrument; or

(b) any other event (other than the arrival of the due date) on the occurrence of which any amounts secured by an instrument become payable, or may be called up as becoming payable, under any express or implied term in the instrument

deficiency, in relation to a sale of land or goods under a power of sale expressed or implied in a mortgage, means any amount by which the amount received on the sale and available to a mortgagee in accordance with section 185 is less than the amount secured by the mortgage and then owing to the mortgagee

director,---

(a) in relation to a company, means any person occupying the position of director of the company, by whatever name called; and

(b) in relation to a body corporate other than a company or a corporation sole, includes a person occupying a position in the body corporate that is comparable with that of a director of a company; or

(c) in relation to a corporation sole, means the holder of the office constituted as the corporation sole

discharge sum means the sum nominated by a vendor mortgagee under section 189

disposition---

(a) means any sale, mortgage, transfer, grant, partition, exchange, lease, assignment, surrender, disclaimer, appointment, settlement, or other assurance; and

(b) includes the creation of---

(i) an easement, profit à prendre, or any other interest in property; and

(ii) a trust in the lifetime of the settlor or by will, and a devise, bequest, or appointment by will in respect of property; but

(c) in subpart 6 of Part 6, has the meaning given to that term by section 345(2)

encumbrance includes a mortgage, a trust securing the payment of money, or a lien

former mortgagor, in relation to mortgaged property, means a person who has ceased to be the owner of the property, but remains personally liable to the mortgagee for the payment of any amounts or the performance of any obligations secured by the mortgage

goods has the same meaning as in the Personal Property Securities Act 1999

income, in relation to land, includes rents and profits

instrument---

(a) means any use of words, figures, or symbols (for example, an agreement, contract, deed, grant, or memorandum, or some other document that is certified, executed, or otherwise approved by or on behalf of a party or parties, or a judgment, order, or process of a court) that---

(i) creates, evidences, modifies, or extinguishes legal or equitable rights, interests, or liabilities (without being lodged, filed, or registered under an enactment, or after being so lodged, filed, or registered, or both); and

(ii) is in a visible and tangible form and medium (for example, in handwriting, print, or both), or is in an electronic form in accordance with the Electronic Transactions Act 2002 or the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002; and

(b) includes any instrument as defined in section 2 of the Land Transfer Act 1952; and

(c) includes any covenant expressed or implied (under this or any other enactment) in, and any variation of, any instrument as defined in paragraph (a) or (b); but

(d) does not include an enactment (though it may be in a form prescribed by one, or have covenants or terms implied in it under one, or both)

inventory has the same meaning as in the Personal Property Securities Act 1999

joint tenants, in Part 4, includes tenants in common

land includes all estates and interests, whether freehold or chattel, in real property

land not under the Land Transfer Act 1952 means land other than land referred to in section 10 of that Act

land under the Land Transfer Act 1952 means all land referred to in section 10 of that Act

lease means a lease of property, whether registered or unregistered, and includes a short-term lease and an agreement to lease

lessee means a person who enters into a lease as lessee, and includes a person who has accepted a transfer or assignment of a lease

lessor---

(a) means a person who enters into a lease as lessor; but

(b) if there has been a transfer or assignment of the reversion expectant on the lease, means a person who has accepted the transfer or assignment

mortgage includes---

(a) any charge over property for securing the payment of amounts or the performance of obligations; and

(b) any registered mortgage; and

(c) any mortgage arising under a mortgage debenture

mortgage debenture means an instrument creating a charge on property of a body corporate that comprises all, or substantially all, of the assets of the body corporate

mortgagee---

(a) means a person to whom a mortgage is given as mortgagee; but

(b) if the mortgage has been assigned, means the assignee of the mortgage for the time being

mortgagee in possession---

(a) means a mortgagee who has exercised a power to enter into possession of mortgaged land or goods in accordance with section 137; and

(b) includes a mortgagee who is treated, under section 140, as a mortgagee in possession of accounts receivable; and

(c) in sections 87, 152 to 154, 168 to 171, 175, and 185, includes a mortgagee who---

(i) exercised a power to enter into possession of mortgaged land or goods before 1 January 2008; and

(ii) is, immediately before that date, still in possession of the land or goods

mortgagor means a person who is the owner of property that is subject to a mortgage

new value has the same meaning as in the Personal Property Securities Act 1999

occupier, in relation to land,---

(a) in subparts 4 and 5 of Part 5, subparts 2 and 3 of Part 6, and Schedule 5, means---

(i) a person---

(A) who is in occupation of the land under a lease, or a licence to occupy the land in consideration of rent or a payment in the nature of rent, for a term of not less than 10 years certain or a renewal, for a term of any length, of such a lease or licence, or under a lease validated under section 212; or

(B) who remains in occupation of the land, with the consent of the lessor, after the term of a lease or licence referred to in subsubparagraph (A), or any renewal of it, has expired; or

(ii) if there is no occupier within the meaning of subparagraph (i) but there is a mortgagee in possession, means the mortgagee in possession; or

(iii) if there is no occupier within the meaning of subparagraph (i) or (ii) but a receiver appointed by the mortgagee is exercising powers to manage the land or demand and recover income from it, means the receiver; but

(iv) does not include any other person for the time being occupying the land:

(b) in subpart 1 of Part 6, has the meaning given to that term by paragraph (a), except that the reference to a lease or licence for a term of not less than 10 years certain is to be read---

(i) in relation to land of an applicant, as a reference to a lease or licence for a term of not less than 1 year certain; and

(ii) in relation to neighbouring land, as a reference to a lease or licence for a term of any length:

(c) in subpart 4 of Part 6, has the meaning given to that term by paragraph (a), except that the reference to a lease or licence for a term of not less than 10 years certain is to be read as a reference to a lease or licence for a term of not less than 1 year certain

Official Assignee has the same meaning as in the Insolvency Act 2006

overseas company means a body corporate that is incorporated outside New Zealand

owner,---

(a) in subparts 4 and 5 of Part 5 and in Part 6, in relation to land, means---

(i) the holder of an estate in fee simple or a life interest in the land; or

(ii) the holder of a licence to occupy the land within the meaning of section 121A of the Land Transfer Act 1952; or

(iii) the holder of a deferred payment licence under section 65 of the Land Act 1948; and

(b) in relation to a public reserve, includes the local authority, trustees, or persons having control of the reserve

periodical payment---

(a) means a payment (whether described as rent, rentcharge, salary, pension, bonus, dividend, interest, outgoing, or otherwise) that---

(i) is payable by a person to another person (whether or not in respect of a fixed or ascertainable period); and

(ii) is in the nature of income (and not in the nature of an instalment of a purchase price, repayment of capital, or capital gain) in the hands of the recipient; but

(b) does not include an annual sum payable to a person entitled to it under a policy of assurance of any description

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