77 Conservation covenants

(1)

The Minister, any local authority, or any other body approved by the Minister, if satisfied that any private land or any Crown land held under Crown lease should be managed so as to preserve the natural environment, or landscape amenity, or wildlife or freshwater-life or marine-life habitat, or historical value, and that the particular purpose or purposes can be achieved without acquiring the ownership of the land, or, as the case may be, of the lessee’s interest in the land, for a reserve, may treat and agree with the owner or lessee for a covenant to provide for the management of that land in a manner that will achieve the particular purpose or purposes of conservation:

provided that in the case of a Crown lease the consent of the Minister or the Minister of Lands, as the case may be, shall be required, and that Minister may give consent subject to the inclusion of any condition in the covenant or conditions, and may agree to a reduction in rent if, having regard to the basis for fixing the rent, it appears fair and equitable to do so.

(2)

Any covenant under this section may be in perpetuity or for any specific term.

(3)

While any conservation covenant under this section remains in force, sections 93 to 105, as far as they are applicable and with the necessary modifications, shall apply to the land affected thereby in all respects as if it were a reserve, notwithstanding that the land or the interest of the lessee may be sold or otherwise disposed of:

provided that in their application to any such land or interest sections 93 to 105 shall be read subject to the terms and conditions set out in the conservation covenant.

(4)

Notwithstanding any rule of law or equity to the contrary, every conservation covenant runs with and binds the land that is subject to the burden of the covenant, and is deemed to be an interest in the land for the purposes of the Land Transfer Act 2017.

(4A)

On the application of the Commissioner in the case of an agreement to which the Minister is a party, and of the local authority in the case of an agreement to which a local authority is a party, the Registrar-General of Land must note the covenant on the register.

(5)

Where the burden of a covenant under this section applies to land comprising part of the land in a record or instrument of title, the Registrar-General of Land shall not enter in any register a notification of the covenant unless—

(a)

the land to which the covenant relates is defined on an existing plan approved under the Land Transfer Act 2017 or a new plan approved under that Act; or

(b)

the document incorporating the covenant is accompanied by a certificate given by the Surveyor-General, or the Chief Surveyor of the land district in which the land is situated, to the effect that the covenant is adequately described and properly defined—

(i)

for the nature of the covenant; and

(ii)

in relation to existing surveys made in accordance with regulations for the time being in force for the purpose; and

(iii)

in accordance with standards agreed from time to time by the Director-General and either the Surveyor-General or Chief Surveyor, as the case may be.

(6)

Subject to sections 78, 82, 83, 84, 89, 90, 95, 105, and 110, the purchase price of any conservation covenant to which the Minister is a party shall be paid out of money appropriated by Parliament.

(7)

The purchase price of any conservation covenant to which a local authority is a party may be paid by the local authority out of its general fund or account or out of a separate account kept for the purchase of land to be held as public reserves, or may be apportioned by the local authority between that fund or account and that separate account.

Section 77(1): amended, on 1 January 1980, by section 22 of the Reserves Amendment Act 1979 (1979 No 63).

Section 77(1) proviso: replaced, on 1 April 1987, by section 65(1) of the Conservation Act 1987 (1987 No 65).

Section 77(4): replaced, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).

Section 77(4A): inserted, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).

Section 77(5): replaced, on 25 November 1994, by section 5 of the Reserves Amendment Act 1994 (1994 No 110).

Section 77(5): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).

Section 77(5)(a): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).