New Zealand Legislation: Acts
Acts are laws made by Parliament
Reprint as at 1 January 2011
| Public Act | 1948 No 64 |
| Date of assent | 2 December 1948 |
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.
A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.
1 Short Title and commencement
3 Minister of Lands [Repealed]
3A Department of Lands [Repealed]
4 Department of Lands and Survey [Repealed]
5 Director-General of Lands [Repealed]
6 Appointment of Surveyor-General [Repealed]
7 Deputy Directors-General [Repealed]
8 Fields Director [Repealed]
9 Commissioners of Crown Lands and Chief Surveyors [Repealed]
10 Appointment of assistants [Repealed]
11 Appointment of deputies [Repealed]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
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
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
28 Payments out of Consolidated Account
29 Payments into Consolidated Account
32 Administration expenses in respect of endowments
39 Determination of limit, area, or boundaries of land
Part 3
Purchase and development of land
40 Purchase of private land or interest in Crown 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
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50 Water supplies [Repealed]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
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]
60AA Crown easements over Crown land
60A Board may impose building line restrictions [Repealed]
61 Exchange of Crown and other land
62 Tenures on which land may be acquired
65 Purchases on deferred payments
66 Pastoral leases [Repealed]
66AA Pastoral occupation licences [Repealed]
67 Disposal of land in special cases
67A Special leases may limit or exclude trespass rights
68 Short tenancies for grazing or other purposes
71 Applications by several persons
72 Land to be acquired for sole use and benefit
75 Board may reject application
77 Allotment of land where simultaneous applications received
79 Approval of application and payment of deposit
80 Applications for unsurveyed land
81 Leases and licences: Form and execution
82 Registration of leases and licences
83 Registration in certain other cases
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 Money 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
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
96 Lessee or licensee to reside
97 Residence where land held by executor, administrator, or trustee
Good husbandry and improvements
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
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]
111 Lessee or licensee liable for rates, taxes, etc
112 Rates payable under temporary tenancies [Repealed]
113 Adjustments where land included in or excluded from lease or licence
116 Title to issue on payment of purchase price
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
Part 7
Acquisition of fee simple and modification of existing leases and licences
122 Right of acquisition of fee simple
123 Determination of value by Land Valuation Tribunal
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
132A Review of annual rent under renewable lease
133 Appeal to Land Valuation Tribunal
134 Election by lessee after order of Tribunal
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
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
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
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
157 Appeal against Board's determination
158 Determination of 1942 basic value by Land Valuation Tribunal
160 Adjustments to be endorsed on certificate of title
164B No review of liability under suspensory mortgage
Part 11
Licences for timber, flax, minerals, and other purposes
165 Licences for timber, minerals, etc
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
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
174 Valuer to make declaration
175 Limitation on area which may be held [Repealed]
176 Trespass on or damage to Crown land
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
An Act to consolidate and amend certain enactments of the Parliament of New Zealand relating to the lands of the Crown in New Zealand
The reference to the “Parliament of New Zealand”
was substituted for a reference to the “General Assembly”
by section 29(2) Constitution Act 1986.
BE IT ENACTED by the General Assembly of New Zealand in Parliament, and by the authority of the same, as follows:
