The Treasury on behalf of the Crown can surrender or transfer resource consents held in the name of struck off companies. Before doing so we must be satisfied that the resource consent has vested in the Crown and that there will be no claims against the Crown resulting from dealing with the resource consent.
To this end we require the following:
- A statutory declaration by a director of the Company (or someone else associated with the Company) at the time the Company was struck off which includes:
1.1 details of the circumstances surrounding the lodging of the resource consent;
1.2 details of the circumstances surrounding the striking off of the Company without first transferring or surrendering the resource consent;
1.3 a declaration that the Company held the resource consent in its own right and not on trust for any other body corporate or any other person; and
1.4 if a surrender of the resource consent is being sought a declaration that the rights secured by the resource consent are no longer needed.
If you are unable to locate anyone associated with the Company at the time it was struck off we may accept a statutory declaration from someone else with knowledge of the matter. However, their statutory declaration will also need to include details of the steps taken to contact the former Company.
- An application requesting the Crown deal with the matter pursuant to the relevant section of the Companies Act 1993 or the Companies Act 1955, together with an indemnity from the applicant in favour of the Crown in respect of all or any liability that may be incurred by the Crown in respect of actions taken in obtaining a transfer or surrender of the resource consent.
- In the case of surrender, evidence that the rights secured by the resource consent are no longer needed along with the documents necessary to give effect to the surrender. The holder of the resource consent should be listed on the surrender documents as "Her Majesty the Queen in right of New Zealand".
- In the case of a transfer, the necessary transfer documents to give effect to the transfer. The holder of the resource consent should be listed on the transfer documents as "Her Majesty the Queen in right of New Zealand".
- Extracts from the Companies Office for the Company showing when it was registered and when it was struck off.
- Your undertaking to pay our costs (approximately $400) and to reimburse any advertising costs and other disbursements we need to incur in connection with this matter. We are entitled to recover our costs pursuant to section 75(2) of the Public Finance Act 1989.
Provided that we find the above documents to be satisfactory we will execute the surrender or transfer documents and return them to you for registration.
As an alternative to seeking a surrender or transfer of the resource consent by the Crown you may also wish to consider an application to restore the Company to the register. In some circumstances this can be a faster and cheaper process than seeking a surrender or transfer. On restoration the resource consent and any other property of the company vest back in the company as if it had not been struck off the register.
Template forms of the statutory declaration and the application and indemnity are available below.
We encourage applicants to provide draft documentation to the Treasury's Legal Team for comment prior to issuing final documentation. This allows the Treasury's Legal Team to identify:
- any issues with documentation, and/or
- any other documents that we require to process the application.
Statutory Declaration - Resource Consents (Word, 24KB)
Application and Indemnity - Resource Consent (Word, 28KB)