Joint Family Homes Amendment Act 1959
Joint Family Homes Amendment Act 1959
Joint Family Homes Amendment Act 1959
Joint Family Homes Amendment Act 1959
Public Act |
1959 No 68 |
|
Date of assent |
22 October 1959 |
|
Contents
An Act to amend the Joint Family Homes Act 1950
BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:
1 Short Title and commencement
(1)
This Act may be cited as the Joint Family Homes Amendment Act 1959, and shall be read together with and deemed part of the Joint Family Homes Act 1950 (hereinafter referred to as the principal Act).
(2)
This Act shall come into force on the first day of January, nineteen hundred and sixty.
2 Settlement of additional land
The principal Act is hereby amended by inserting, after section three, the following section:
“3a
“(1)
In any case where a husband and his wife are the registered proprietors, or either of them is the registered proprietor, of additional land contiguous to land settled on them as a joint family home, and they or either of them could, on the cancellation of the registration of the Joint Family Home Certificate in respect of the settled land, resettle that land together with the additional land as a joint family home, that additional land may be settled as part of the joint family home without any cancellation of the registration of the Joint Family Home Certificate in respect of the land previously settled.
“(2)
In any such case, all the provisions of this Act that would have applied on the resettlement of all the land as a joint family home shall apply on the settlement of the additional land as part of the existing joint family home, except that—
“(a)
A separate Joint Family Home Certificate shall not be issued, but an endorsement shall be made on the existing Joint Family Home Certificate that it extends to that additional land as from a specified date, being the date on which the Joint Family Home Certificate is endorsed in respect of that additional land:
“(b)
On being so endorsed the Joint Family Home Certificate shall take effect in respect of the additional land as if it was issued on the date so specified; and shall be registered in accordance with this Act in respect of that land:
“(c)
For the purposes of the second proviso to paragraph (d) of subsection two of section seven of this Act, which proviso was added by section nine of the Joint Family Homes Amendment Act 1951,—
“(i)
That additional land shall be deemed to have been settled by a separate settlement:
“(ii)
The date of registration of the Joint Family Home Certificate shall, in respect of that additional land, be the date on which the endorsed Joint Family Home Certificate is registered against the title to that additional land.”
3 Conditions governing settlements
(1)
Section three of the principal Act, as amended by section two of the Joint Family Homes Amendment Act 1952, is hereby further amended by omitting from paragraph (a) of subsection one the words “which dwellinghouse is not being erected or repaired at the date of the application to register the land as a joint family home”
.
(2)
Section two of the Joint Family Homes Amendment Act 1952 is hereby consequentially repealed.