Title

1 Short Title and commencement

2 Interpretation

Part 1
General administration

Department of Lands and Survey

3 Minister of Lands [Repealed]

3A Department of Lands [Repealed]

4 Department of Lands and Survey [Repealed]

5 Director-General of Lands [Repealed]

6 Surveyor-General [Repealed]

7 Deputy Directors-General [Repealed]

8 Fields Director [Repealed]

9 Commissioners of Crown Lands and Chief Surveyors [Repealed]

10 Appointment of assistants [Repealed]

11 Appointment of deputies [Repealed]

11A Delegation of powers by Minister

Land Settlement Board

12 Land Settlement Board [Repealed]

13 Duties of Board [Repealed]

14 Land Settlement Committees [Repealed]

15 Board may delegate its powers [Repealed]

15A Marginal Lands Board may acquire farm land for disposal to holders of uneconomic farm units [Repealed]

16 Board may conduct inquiries [Repealed]

17 Application for rehearing

Appeals to High Court

18 Appeal against decision of Board

19 Questions of law may be submitted to Judge

20 Procedure on appeals and on questions submitted to the High Court

21 No appeal affecting title of Crown

Land districts

22 Land districts

23 Islands

Commissioners of Crown Lands

24AA Commissioner of Crown Lands

24AB Delegation of Commissioner's functions, duties, and powers

24 Powers and duties of Commissioners

25 Recovery of possession of Crown land

26 Inspection of Crown land

Financial provisions

27 Land Settlement Account [Repealed]

28 Payments out of Crown Bank Account

29 Payments into Crown Bank Account

30 Adjustments on change of status of land [Repealed]

31 Interest on capital of Works and Trading Account [Repealed]

32 Administration expenses in respect of endowments

Part 2
Surveys

Surveys and survey marks

33 Conduct of surveys [Repealed]

34 Entry on land for purposes of survey [Repealed]

35 Standard measurement of length [Repealed]

36 Trigonometrical sites

37 Interference with survey marks [Repealed]

38 Obstruction of surveyor [Repealed]

39 Determination of limit, area, or boundaries of land

Part 3
Purchase and development of land

Purchase of private land

40 Purchase of private land or interest in Crown land

40A Leases of private land

41 Trust lands may be sold to Crown

41A State housing land may be declared to be Crown land or set apart as reserves

42 Cancellation of instruments of title

43 Unformed and unused roads

Development of Crown land

44 Preparing Crown land for settlement

45 Joint preparation of land for settlement

46 Board may enter into arrangements with trustees of certain institutions to prepare land for settlement

47 Local body endowments may be prepared for settlement

48 Land held for government purpose may be developed or farmed or let on short tenancy

49 Development and disposal of timber, flax, and minerals

50 Water supplies [Repealed]

50A Community water supply associations

50B Share capital of associations

50C Members to give security to association for uncalled capital and payment of levies

50D Right of shareholder to withdraw from association

50E Board may make advances to associations

50F Associations to supply water to members

Part 4
Classification and alienation of Crown land

51 Classification of Crown land

52 Board may alienate Crown land

53 Board may call for public applications for Crown land

54 Allotment of land without competition

55 Crown land in mining districts [Repealed]

56 Improvements belonging to the Crown

57 Lands not immediately productive or profitable

58 Land reserved from sale [Repealed]

59 Minerals reserved to the Crown [Repealed]

60 Creation of easements

60AA Crown easements over Crown land

60A Board may impose building line restrictions [Repealed]

60B Pipeline easements

61 Exchange of Crown and other land

Tenures

62 Tenures on which land may be acquired

63 Renewable lease

64 Purchases for cash

65 Purchases on deferred payments

66 Pastoral leases [Repealed]

66AA Pastoral occupation licences [Repealed]

66A Recreation permit

67 Disposal of land in special cases

67A Special leases may limit or exclude trespass rights

68 Short tenancies for grazing or other purposes

68A Grazing permit

69 Land for communal grazing

Applications for Crown land

70 Age of applicants

71 Applications by several persons

72 Land to be acquired for sole use and benefit

73 Method of application

74 Declaration

75 Board may reject application

76 Simultaneous applications

77 Allotment of land where simultaneous applications received

78 Conduct of ballot

79 Approval of application and payment of deposit

80 Applications for unsurveyed land

Part 5
Leases and licences

Issue of leases and licences

81 Leases and licences: form and execution

82 Registration of leases and licences

83 Registration of dealings with certain leases and licences

84 Payment of rent

85 Rebates on payments

86 Adjustments in rental value, etc, where land included in or excluded from lease or licence

87 Purchase of improvements during currency of lease or licence

87A Appeal against decision of Board where improvements purchased during currency of lease

88 Moneys spent for protection or benefit of land

Transfer, subdivision, and mortgage of leases or licences

89 Board to consent to dealings with leases or licences

90 Transfers by executors and administrators

91 Notice to Commissioner of transfer by executor or administrator

91A Transfer by trustees

92 Transfer by Commissioner where no probate or letters of administration applied for

93 Subdivision of leases or licences

94 Mortgages of leases or licences

95 Encumbrance not to affect Board's power of forfeiture for breach of conditions

Residence

96 Lessee or licensee to reside

97 Residence where land held by executor, administrator, or trustee

98 Exemption from residence

Good husbandry and improvements

99 Land to be properly farmed

100 Preservation of timber

101 Implied covenants as to improvements

102 Covenants to be binding on executors and assigns

103 Further express covenants and conditions may be required by the Board

104 Improvements to be effected

105 Board to be judge of fulfilment of conditions

Pastoral lands

[Repealed]

106 Burning of tussock [Repealed]

107 Boundaries of pastoral lands [Repealed]

108 Cultivation, cropping, and grassing of pastoral lands [Repealed]

109 Procedure on expiry of pastoral occupation licence [Repealed]

110 Travelling stock [Repealed]

Rates and taxes

111 Lessee or licensee liable for rates, taxes, etc

112 Rates payable under temporary tenancies [Repealed]

Documents of title

113 Variation of area of land or terms and conditions of lease or licence

114 Bringing down interests

115 Lost lease or licence

116 Title to issue on payment of purchase price

Resumption of lands

117 Land held under lease or licence may be resumed

118 Lease or licence in exchange for land resumed

Part 6
Advances to Crown tenants

119 Advances to develop land held under lease or licence

120 Advances to purchase additional lease or licence

121 Security for advances

Part 7
Acquisition of fee simple and modification of existing leases and licences

122 Right of acquisition of fee simple

123 Appeal to Land Valuation Tribunal

124 Payment of purchase money

124A Additional right to acquire fee simple in land subject to lease in perpetuity

125 Renewals of existing leases

126 Exchange of certain existing leases for renewable leases under this Act

126A Exchange of pastoral leases for renewable leases [Repealed]

127 Exchange of deferred-payment licences

128 Special provisions as to leases of unclaimed land granted under the Public Trust Office Act 1908

129 Special provisions as to certain leases of land in the Hanmer Town area

Part 8
Renewals of renewable leases

130 Rent on renewal of renewable lease

131 Valuation for calculation of renewal rent

132 Lessee's election

132A Review of annual rent under renewable lease

133 Appeal to Land Valuation Tribunal

134 Election by lessee after order of court

135 Failure of lessee to sign renewal lease

136 Procedure where lessee does not accept renewal

137 Appreciation or depreciation of improvements

Part 9
Remissions, revaluations, forfeitures

138 Remissions and postponements

Revaluations

139 Application for reduction in rental value

140 Appeal to Land Valuation Tribunal

141 Land held under deferred-payment licence

142 Revaluation of improvements

143 Land reduced in value through deterioration, etc

144 Certificate respecting revaluation

Surrenders and forfeitures

145 Surrender of lease or licence

146 Lease or licence may be forfeited

147 Correction of register after forfeiture

148 Liability for rent up to forfeiture

149 Reoffering of land after forfeiture

150 Improvements to be purchased by incoming lessee or licensee

151 Provision where land not again opened for acquisition

Part 10
Servicemen and discharged servicemen

152 Application of this Part

153 Variation of rental payments

153A Reduction in rent to cease to operate where lease transferred to person who is not a discharged serviceman

154 Servicemen to be notified of 1942 basic value

155 Application for review of liabilities

156 Review by the Board

157 Appeal against Board's determination

158 Determination of 1942 basic value by Land Valuation Tribunal

159 No second review

160 Adjustments to be endorsed on certificate of title

161 Adjustment of mortgages and agreements for sale and purchase [Repealed]

162 Board’s determination to be final if no appeal filed [Repealed]

163 No second review [Repealed]

164 Adjustments to be endorsed on certificate of title [Repealed]

164A Suspensory loans

164B No review of liability under suspensory mortgage

Part 11
Licences for timber, flax, minerals, and other purposes

165 Licences for timber, minerals, etc

166 Flax leases

Part 12
Reserves

167 Land may be set apart as reserves

168 Local authority may apply funds for improvement of reserve

169 Reserves and endowments may be brought under this Act

Part 13
Miscellaneous provisions

170 Registration of memorandum of renewal or variation instead of renewal or new lease or licence

170A Variation of covenants in leases and licences

170B Rates of interest

171 Issue of certificate of title where fee simple of several leases acquired; and amalgamation of leases

172 No title by user or adverse possession

173 No certiorari

174 Valuer to make declaration

175 Limitation on area which may be held [Repealed]

176 Trespass on or damage to Crown land

177 Claims for compensation

178 Kauri gum reserves [Repealed]

179 Land Subdivision in Counties Act 1946 not to form part of Land Act [Repealed]

180 Exemption from stamp duty [Repealed]

181 Report to Parliament

182 Offences

183 Service of notices

184 Regulations

184A Regulations for fees

185 Repeals and savings

Schedule 1
Enactments repealed

Schedule 2
Certificate under section 116 of the Land Act 1948 for the issue of a certificate of title under the Land Transfer Act 1952

Reprint notes