sec.38Cancelling a deed of grant in trust

### sec.38 Cancelling a deed of grant in trust The Governor in Council may, by gazette notice, cancel a deed of grant in trust over land if— the trust stops operating; or the affairs of the trust are not properly managed in the public interest; or the land is used in a way inconsistent with the purpose for which the land is granted in trust; or the Governor in Council considers it appropriate in the public interest; or the land is in a priority development area. However, subsection (1) (c) does not apply to the extent— the trustee of the land takes an action under section 52AA (3) or 52AB (2) ; or the use of the land is carried out under— a trustee lease (construction), or a trustee lease (State or statutory body), that is inconsistent with the purpose for which the land is granted in trust; or a trustee lease or a sublease approved under section 59 (2) ; or a trustee permit that, under section 60 (3) , is inconsistent with the purpose for which the land is granted in trust; or a trustee lease that, under section 64 (3) , is inconsistent with the purpose for which the land is granted in trust. Before a deed of grant in trust is cancelled, the Minister may ask the court for a decision on a matter mentioned in subsection (1) (a) to (c) or (2)(a) or (b) . The Governor in Council may cancel a deed of grant in trust without receiving an application under section 38A (2) . A deed of grant in trust is cancelled by the registration of a cancellation notice. The cancellation notice must include the particulars of the gazette notice cancelling the deed of grant in trust. The cancellation of the deed of grant in trust takes effect on the day the cancellation notice is registered. s 38 amd 2000 No. 2 s 32 sch ; 2004 No. 4 s 10 ; 2007 No. 41 s 233 ; 2007 No. 19 s 29 ; 2012 No. 43 s 221 sch 1 ; 2024 No. 12 s 31 (sec.38-ssec.1) The Governor in Council may, by gazette notice, cancel a deed of grant in trust over land if— the trust stops operating; or the affairs of the trust are not properly managed in the public interest; or the land is used in a way inconsistent with the purpose for which the land is granted in trust; or the Governor in Council considers it appropriate in the public interest; or the land is in a priority development area. (sec.38-ssec.2) However, subsection (1) (c) does not apply to the extent— the trustee of the land takes an action under section 52AA (3) or 52AB (2) ; or the use of the land is carried out under— a trustee lease (construction), or a trustee lease (State or statutory body), that is inconsistent with the purpose for which the land is granted in trust; or a trustee lease or a sublease approved under section 59 (2) ; or a trustee permit that, under section 60 (3) , is inconsistent with the purpose for which the land is granted in trust; or a trustee lease that, under section 64 (3) , is inconsistent with the purpose for which the land is granted in trust. (sec.38-ssec.3) Before a deed of grant in trust is cancelled, the Minister may ask the court for a decision on a matter mentioned in subsection (1) (a) to (c) or (2)(a) or (b) . (sec.38-ssec.4) The Governor in Council may cancel a deed of grant in trust without receiving an application under section 38A (2) . (sec.38-ssec.5) A deed of grant in trust is cancelled by the registration of a cancellation notice. (sec.38-ssec.6) The cancellation notice must include the particulars of the gazette notice cancelling the deed of grant in trust. (sec.38-ssec.7) The cancellation of the deed of grant in trust takes effect on the day the cancellation notice is registered. - (a) the trust stops operating; or - (b) the affairs of the trust are not properly managed in the public interest; or - (c) the land is used in a way inconsistent with the purpose for which the land is granted in trust; or - (d) the Governor in Council considers it appropriate in the public interest; or - (e) the land is in a priority development area. - (a) the trustee of the land takes an action under section 52AA (3) or 52AB (2) ; or - (b) the use of the land is carried out under— (i) a trustee lease (construction), or a trustee lease (State or statutory body), that is inconsistent with the purpose for which the land is granted in trust; or (ii) a trustee lease or a sublease approved under section 59 (2) ; or (iii) a trustee permit that, under section 60 (3) , is inconsistent with the purpose for which the land is granted in trust; or (iv) a trustee lease that, under section 64 (3) , is inconsistent with the purpose for which the land is granted in trust. - (i) a trustee lease (construction), or a trustee lease (State or statutory body), that is inconsistent with the purpose for which the land is granted in trust; or - (ii) a trustee lease or a sublease approved under section 59 (2) ; or - (iii) a trustee permit that, under section 60 (3) , is inconsistent with the purpose for which the land is granted in trust; or - (iv) a trustee lease that, under section 64 (3) , is inconsistent with the purpose for which the land is granted in trust. - (i) a trustee lease (construction), or a trustee lease (State or statutory body), that is inconsistent with the purpose for which the land is granted in trust; or - (ii) a trustee lease or a sublease approved under section 59 (2) ; or - (iii) a trustee permit that, under section 60 (3) , is inconsistent with the purpose for which the land is granted in trust; or - (iv) a trustee lease that, under section 64 (3) , is inconsistent with the purpose for which the land is granted in trust.