Reprint as at 1 March 2017

Coat of Arms of New Zealand

Land Act 1948

Public Act
 
1948 No 64
Date of assent
 
2 December 1948
Commencement
 
see section 1
Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by Land Information New Zealand.

Contents

Title
1Short Title and commencement
2Interpretation
3Minister of Lands [Repealed]
3ADepartment of Lands [Repealed]
4Department of Lands and Survey [Repealed]
5Director-General of Lands [Repealed]
6Surveyor-General [Repealed]
7Deputy Directors-General [Repealed]
8Fields Director [Repealed]
9Commissioners of Crown Lands and Chief Surveyors [Repealed]
10Appointment of assistants [Repealed]
11Appointment of deputies [Repealed]
11ADelegation of powers by Minister
12Land Settlement Board [Repealed]
13Duties of Board [Repealed]
14Land Settlement Committees [Repealed]
15Board may delegate its powers [Repealed]
15AMarginal Lands Board may acquire farm land for disposal to holders of uneconomic farm units [Repealed]
16Board may conduct inquiries [Repealed]
17Application for rehearing
18Appeal against decision of Board
19Questions of law may be submitted to Judge
20Procedure on appeals and on questions submitted to the High Court
21No appeal affecting title of Crown
22Land districts
23Islands
24AACommissioner of Crown Lands
24ABDelegation of Commissioner’s functions, duties, and powers
24Powers and duties of Commissioners
25Recovery of possession of Crown land
26Inspection of Crown land
27Land Settlement Account [Repealed]
28Payments out of Crown Bank Account
29Payments into Crown Bank Account
30Adjustments on change of status of land [Repealed]
31Interest on capital of Works and Trading Account [Repealed]
32Administration expenses in respect of endowments
33Conduct of surveys [Repealed]
34Entry on land for purposes of survey [Repealed]
35Standard measurement of length [Repealed]
36Trigonometrical sites
37Interference with survey marks [Repealed]
38Obstruction of surveyor [Repealed]
39Determination of limit, area, or boundaries of land
40Purchase of private land or interest in Crown land
40ALeases of private land
41Trust lands may be sold to Crown
41AState housing land may be declared to be Crown land or set apart as reserves
42Cancellation of instruments of title
43Unformed and unused roads
44Preparing Crown land for settlement
45Joint preparation of land for settlement
46Board may enter into arrangements with trustees of certain institutions to prepare land for settlement
47Local body endowments may be prepared for settlement
48Land held for government purpose may be developed or farmed or let on short tenancy
49Development and disposal of timber, flax, and minerals
50Water supplies [Repealed]
50ACommunity water supply associations
50BShare capital of associations
50CMembers to give security to association for uncalled capital and payment of levies
50DRight of shareholder to withdraw from association
50EBoard may make advances to associations
50FAssociations to supply water to members
51Classification of Crown land
52Board may alienate Crown land
53Board may call for public applications for Crown land
54Allotment of land without competition
55Crown land in mining districts [Repealed]
56Improvements belonging to the Crown
57Lands not immediately productive or profitable
58Land reserved from sale [Repealed]
59Minerals reserved to the Crown [Repealed]
60Creation of easements
60AACrown easements over Crown land
60ABoard may impose building line restrictions [Repealed]
60BPipeline easements
61Exchange of Crown and other land
62Tenures on which land may be acquired
63Renewable lease
64Purchases for cash
65Purchases on deferred payments
66Pastoral leases [Repealed]
66AAPastoral occupation licences [Repealed]
66ARecreation permit
67Disposal of land in special cases
67ASpecial leases may limit or exclude trespass rights
68Short tenancies for grazing or other purposes
68AGrazing permit
69Land for communal grazing
70Age of applicants
71Applications by several persons
72Land to be acquired for sole use and benefit
73Method of application
74Declaration
75Board may reject application
76Simultaneous applications
77Allotment of land where simultaneous applications received
78Conduct of ballot
79Approval of application and payment of deposit
80Applications for unsurveyed land
81Leases and licences: form and execution
82Registration of leases and licences
83Registration of dealings with certain leases and licences
84Payment of rent
85Rebates on payments
86Adjustments in rental value, etc, where land included in or excluded from lease or licence
87Purchase of improvements during currency of lease or licence
87AAppeal against decision of Board where improvements purchased during currency of lease
88Moneys spent for protection or benefit of land
89Board to consent to dealings with leases or licences
90Transfers by executors and administrators
91Notice to Commissioner of transfer by executor or administrator
91ATransfer by trustees
92Transfer by Commissioner where no probate or letters of administration applied for
93Subdivision of leases or licences
94Mortgages of leases or licences
95Encumbrance not to affect Board’s power of forfeiture for breach of conditions
96Lessee or licensee to reside
97Residence where land held by executor, administrator, or trustee
98Exemption from residence
99Land to be properly farmed
100Preservation of timber
101Implied covenants as to improvements
102Covenants to be binding on executors and assigns
103Further express covenants and conditions may be required by the Board
104Improvements to be effected
105Board to be judge of fulfilment of conditions
[Repealed]
106Burning of tussock [Repealed]
107Boundaries of pastoral lands [Repealed]
108Cultivation, cropping, and grassing of pastoral lands [Repealed]
109Procedure on expiry of pastoral occupation licence [Repealed]
110Travelling stock [Repealed]
111Lessee or licensee liable for rates, taxes, etc
112Rates payable under temporary tenancies [Repealed]
113Variation of area of land or terms and conditions of lease or licence
114Bringing down interests
115Lost lease or licence
116Title to issue on payment of purchase price
117Land held under lease or licence may be resumed
118Lease or licence in exchange for land resumed
119Advances to develop land held under lease or licence
120Advances to purchase additional lease or licence
121Security for advances
122Right of acquisition of fee simple
123Appeal to Land Valuation Tribunal
124Payment of purchase money
124AAdditional right to acquire fee simple in land subject to lease in perpetuity
125Renewals of existing leases
126Exchange of certain existing leases for renewable leases under this Act
126AExchange of pastoral leases for renewable leases [Repealed]
127Exchange of deferred-payment licences
128Special provisions as to leases of unclaimed land granted under the Public Trust Office Act 1908
129Special provisions as to certain leases of land in the Hanmer Town area
130Rent on renewal of renewable lease
131Valuation for calculation of renewal rent
132Lessee’s election
132AReview of annual rent under renewable lease
133Appeal to Land Valuation Tribunal
134Election by lessee after order of court
135Failure of lessee to sign renewal lease
136Procedure where lessee does not accept renewal
137Appreciation or depreciation of improvements
138Remissions and postponements
139Application for reduction in rental value
140Appeal to Land Valuation Tribunal
141Land held under deferred-payment licence
142Revaluation of improvements
143Land reduced in value through deterioration, etc
144Certificate respecting revaluation
145Surrender of lease or licence
146Lease or licence may be forfeited
147Correction of register after forfeiture
148Liability for rent up to forfeiture
149Reoffering of land after forfeiture
150Improvements to be purchased by incoming lessee or licensee
151Provision where land not again opened for acquisition
152Application of this Part
153Variation of rental payments
153AReduction in rent to cease to operate where lease transferred to person who is not a discharged serviceman
154Servicemen to be notified of 1942 basic value
155Application for review of liabilities
156Review by the Board
157Appeal against Board’s determination
158Determination of 1942 basic value by Land Valuation Tribunal
159No second review
160Adjustments to be endorsed on certificate of title
161Adjustment of mortgages and agreements for sale and purchase [Repealed]
162Board’s determination to be final if no appeal filed [Repealed]
163No second review [Repealed]
164Adjustments to be endorsed on certificate of title [Repealed]
164ASuspensory loans
164BNo review of liability under suspensory mortgage
165Licences for timber, minerals, etc
166Flax leases
167Land may be set apart as reserves
168Local authority may apply funds for improvement of reserve
169Reserves and endowments may be brought under this Act
170Registration of memorandum of renewal or variation instead of renewal or new lease or licence
170AVariation of covenants in leases and licences
170BRates of interest
171Issue of certificate of title where fee simple of several leases acquired; and amalgamation of leases
172No title by user or adverse possession
173No certiorari
174Valuer to make declaration
175Limitation on area which may be held [Repealed]
176Trespass on or damage to Crown land
177Claims for compensation
178Kauri gum reserves [Repealed]
179Land Subdivision in Counties Act 1946 not to form part of Land Act [Repealed]
180Exemption from stamp duty [Repealed]
181Report to Parliament
182Offences
183Service of notices
184Regulations
184ARegulations for fees
185Repeals and savings
Reprint notes

An Act to consolidate and amend certain enactments of the General Assembly relating to the lands of the Crown in New Zealand