sec.51Dedication of public use land in plan

### sec.51 Dedication of public use land in plan A plan of subdivision may provide for the dedication of land to any of the following uses (each a public use )— a road; a non-tidal watercourse; a lake; a purpose mentioned in the Land Act 1994 , section 31 (1) . The dedication of a lot to public use in a plan of subdivision must be of the registered proprietor’s whole interest in the lot. On registration of the plan, without anything further— if the dedication is for a road—the road is opened for the Land Act 1994 ; or if the dedication is for a non-tidal watercourse or a lake—the plan is taken to be the source material for the land for the Survey and Mapping Infrastructure Act 2003 , section 99 ; or The Survey and Mapping Infrastructure Act 2003 , section 99 defines when a boundary of land is a non-tidal boundary (watercourse) or non-tidal boundary (lake). See the Land Act 1994 , section 13A for provisions about the ownership of land on the watercourse side or lake side of one of these boundaries. if the dedication is of a lot for a purpose mentioned in the Land Act 1994 , section 31 (1) and the Minister administering that Act consents to the plan—the lot is dedicated as a reserve for the purpose. Subsection (5) applies to an easement over a lot if— the easement is an easement for providing access or a right of way, including a public thoroughfare easement; and the lot or a part of the lot is dedicated for a road under subsection (3) . The easement is extinguished to the extent it is over the lot or the part of the lot dedicated for the road. s 51 sub 1994 No. 81 s 527 sch 5 amd 1997 No. 28 s 295 sch 3 ; 2005 No. 68 s 66 ; 2007 No. 19 s 207 (amd 2007 No. 57 s 26 ); 2013 No. 23 s 114 ; 2024 No. 12 s 91 ; 2024 No. 12 s 95 (sec.51-ssec.1) A plan of subdivision may provide for the dedication of land to any of the following uses (each a public use )— a road; a non-tidal watercourse; a lake; a purpose mentioned in the Land Act 1994 , section 31 (1) . (sec.51-ssec.2) The dedication of a lot to public use in a plan of subdivision must be of the registered proprietor’s whole interest in the lot. (sec.51-ssec.3) On registration of the plan, without anything further— if the dedication is for a road—the road is opened for the Land Act 1994 ; or if the dedication is for a non-tidal watercourse or a lake—the plan is taken to be the source material for the land for the Survey and Mapping Infrastructure Act 2003 , section 99 ; or The Survey and Mapping Infrastructure Act 2003 , section 99 defines when a boundary of land is a non-tidal boundary (watercourse) or non-tidal boundary (lake). See the Land Act 1994 , section 13A for provisions about the ownership of land on the watercourse side or lake side of one of these boundaries. if the dedication is of a lot for a purpose mentioned in the Land Act 1994 , section 31 (1) and the Minister administering that Act consents to the plan—the lot is dedicated as a reserve for the purpose. (sec.51-ssec.4) Subsection (5) applies to an easement over a lot if— the easement is an easement for providing access or a right of way, including a public thoroughfare easement; and the lot or a part of the lot is dedicated for a road under subsection (3) . (sec.51-ssec.5) The easement is extinguished to the extent it is over the lot or the part of the lot dedicated for the road. - (a) a road; - (b) a non-tidal watercourse; - (c) a lake; - (d) a purpose mentioned in the Land Act 1994 , section 31 (1) . - (a) if the dedication is for a road—the road is opened for the Land Act 1994 ; or - (b) if the dedication is for a non-tidal watercourse or a lake—the plan is taken to be the source material for the land for the Survey and Mapping Infrastructure Act 2003 , section 99 ; or Note— The Survey and Mapping Infrastructure Act 2003 , section 99 defines when a boundary of land is a non-tidal boundary (watercourse) or non-tidal boundary (lake). See the Land Act 1994 , section 13A for provisions about the ownership of land on the watercourse side or lake side of one of these boundaries. - (c) if the dedication is of a lot for a purpose mentioned in the Land Act 1994 , section 31 (1) and the Minister administering that Act consents to the plan—the lot is dedicated as a reserve for the purpose. - (a) the easement is an easement for providing access or a right of way, including a public thoroughfare easement; and - (b) the lot or a part of the lot is dedicated for a road under subsection (3) .