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LAND ACT 1994 - SECT 239
Designated person’s options
239 Designated person’s options
(1) This section applies— (a) if the court decides the lease may be
forfeited under section 238 ; or
(b) for a lease that may be forfeited under
section 234 (e) .
(2) The designated person may— (a) forfeit the lease; or
(b) decide not to forfeit the lease, but instead to— (i) allow the lease to
continue but subject to the conditions the designated person considers
appropriate; or
(ii) allow the lessee to convert the lease to a lease of a
lesser tenure, for the same or a lesser area, and subject to the conditions
the designated person considers appropriate; or
(iii) allow the lessee to
sell the lease within a time decided by the designated person; or
(iv) allow
any mortgagee, any relevant local government or the chief executive to sell
the lease under this part.
(3) A mortgagee of a term or a perpetual lease may
appeal against a decision under subsection (2) (b) (iv) to allow an entity
other than the mortgagee to sell the lease.
(4) A relevant local government
of a term or a perpetual lease may appeal against a decision under subsection
(2) (b) (iv) to allow an entity other than the relevant local government to
sell the lease.
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