sec.79Cancellation of existing deed of grant

sec.79 Cancellation of existing deed of grant

If— land is the subject of a deed of grant issued under part 4 (the existing deed ); and a deed of grant (the new deed ) over the whole or a part of the land takes effect under section 77 ; the existing deed is cancelled, to the extent of the new deed, by operation of this section. The Minister must cause notice to be given to the registrar of the day of delivery of the new deed to the grantees and the registrar must note the cancellation of the existing deed in the register accordingly. The trustee that holds the existing deed must, on receipt of notice by the Minister so to do, deliver the existing deed to the chief executive within such reasonable period, as is specified in the notice. If the existing deed is cancelled only in relation to part of the land, the chief executive must prepare and issue to the trustee that holds the deed a deed of grant under the Land Act (the replacement deed ) over the remaining part of the land. The replacement deed is, for the purposes of this Act, taken to be a deed of grant prepared and issued under part 4 . The chief executive must endorse on the replacement deed, in the proper order of priority, the instruments under which existing relevant interests arose. s 79 prev s 79 amd 2008 No. 29 s 35 om 2011 No. 26 s 58 pres s 79 amd 2008 No. 29 s 31 ; 2011 No. 26 s 55 ; 2013 No. 23 s 352 sch 1 pt 1 ; 2021 No. 12 s 148 sch 3 (sec.79-ssec.1) If— land is the subject of a deed of grant issued under part 4 (the existing deed ); and a deed of grant (the new deed ) over the whole or a part of the land takes effect under section 77 ; the existing deed is cancelled, to the extent of the new deed, by operation of this section. (sec.79-ssec.2) The Minister must cause notice to be given to the registrar of the day of delivery of the new deed to the grantees and the registrar must note the cancellation of the existing deed in the register accordingly. (sec.79-ssec.3) The trustee that holds the existing deed must, on receipt of notice by the Minister so to do, deliver the existing deed to the chief executive within such reasonable period, as is specified in the notice. (sec.79-ssec.4) If the existing deed is cancelled only in relation to part of the land, the chief executive must prepare and issue to the trustee that holds the deed a deed of grant under the Land Act (the replacement deed ) over the remaining part of the land. (sec.79-ssec.5) The replacement deed is, for the purposes of this Act, taken to be a deed of grant prepared and issued under part 4 . (sec.79-ssec.6) The chief executive must endorse on the replacement deed, in the proper order of priority, the instruments under which existing relevant interests arose.

• (a) land is the subject of a deed of grant issued under part 4 (the existing deed ); and
• (b) a deed of grant (the new deed ) over the whole or a part of the land takes effect under section 77 ;