Statutory land charges and charging orders that require chargeholder consents

Where land subject to a statutory land charge or charging order is being transferred or otherwise dealt with, it may be necessary to obtain the consent of the chargeholder.

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The following statutory land charges and charging orders prohibit or restrict further dealings with the land, and may require the chargeholder’s consent.

Statutory land charges

Statutory land charges created under the following legislation prohibits or restricts further dealings with the land and may require chargeholder consent:

  • Section 14L Farm Ownership Savings Act 1974
  • Section 14M Home Ownership Savings Act 1974
  • Section 90 Local Government (Rating) Act 2002
  • Section 73 Public Works Act 1981
  • Section 74 Public Works Act 1981
  • Section 101C Public Works Act 1928 (repealed but still applies to existing SLC)
  • Section 107 Public Works Act 1981
  • Section 221 Public Works Act 1981
  • Section 96 Rating Act 1967 (repealed but still applies to existing SLC)
  • Section 162 Rating Powers Act 1988 (repealed but still applies to existing SLC)
  • Section 125 Social Security Act 1964 (repealed but still applies to existing SLC)

Charging orders that require chargeholder consents

Charging orders created under the following legislation prohibits or restricts further dealings with the land and may require the chargeholder’s consent:

  • District Court Rules
  • High Court Rules
  • Local Government (Rating) Act 2002
  • Rating Powers Act 1988 (repealed but still applies to existing charging orders)

Charging orders created pursuant to the Local Government (Rating) Act 2002 will require consent of the chargeholder (i.e. local authority (s104(a)) or leave of the Māori Land Court (s104(b)). However, charging orders created pursuant to District or High Court Rules must be discharged before the land can be dealt with (i.e. there is no provision for consent of the chargeholder).