Crown Pastoral Land Act 1998

2 Interpretation

  • Unless the context requires otherwise, in this Act,—

    approved plan means a plan returned to the Commissioner under section 63 (whether directly, or by virtue of its application by section 90)

    Chief Surveyor—

    • (a) means a person for the time being appointed under section 9 of the Survey Act 1986; and includes the deputy of a Chief Surveyor; and

    • (b) in relation to any land, or any subject matter affecting any land, means the Chief Surveyor of the land district (constituted under section 22 of the Land Act 1948) in which the land is situated

    commencement, in relation to a reviewable instrument,—

    • (a) means the day on which it was granted, if the land was not held under some other reviewable instrument on that day:

    • (b) means the day on which the other reviewable instrument was determined, if the land was held under some other reviewable instrument on the day on which it was granted

    concession means—

    • (a) concession granted directly under Part 3B of the Conservation Act 1987; or

    • (b) concession granted under Part 3B of the Conservation Act 1987 by virtue of section 59A of the Reserves Act 1977; or

    • (c) lease under section 73 of the Reserves Act 1977 granted, by virtue of subsection (3A)(b) of that section, under Part 3B of the Conservation Act 1987

    concession designation means an element of a substantive proposal—

    • (a) designating any land as land to be restored to or retained in Crown control as conservation area or reserve, subject to the granting of a concession; or

    • (b) designating any conservation area or reserve as land to remain conservation area or reserve subject to the granting of a concession

    conservation area has the meaning given to that term by section 2(1) of the Conservation Act 1987

    Crown land has the meaning given to that term by section 2 of the Land Act 1948

    Crown ownership includes Crown control and full Crown ownership and control

    cultivation includes drainage, felling bush, clearing land for cropping, and clearing and ploughing land for and laying it down for or with pasture

    ecosystem means a system of interacting living organisms and their environment

    grazing permit means permit under section 68A of the Land Act 1948

    historic place—

    • (a) means—

      • (i) any land (including an archaeological site); or

      • (ii) any building or structure (including part of a building or structure); or

      • (iii) any combination of land and a building or structure,—

      that forms part of the historical and cultural heritage of New Zealand; and

    • (b) includes anything that is in or fixed to any such land

    holder, in relation to a reviewable instrument, means lessee or licensee under it

    holder's improvement, in relation to an occupation licence,—

    • (a) subject to paragraph (b), means improvement on the land effected, erected, made, or paid for by the holder or any predecessor of the holder; but

    • (b) does not include improvement effected by doing (before or after the commencement of this Act) any thing specified in section 16(1)

    improvement—

    • (a) means substantial improvement of a permanent character; and

    • (b) includes bridging; clearing of broom, bush, gorse, scrub, or sweetbriar; constructing border dykes, head races, irrigation works, sheep dips, water races, water supplies, or water tanks; cultivation; draining; erecting any building; fencing (including rabbit-proof fencing); improving in any way the character or fertility of the soil; installing any electric lighting, electric power plant, or telephone; laying out and cultivating gardens; making embankments or protective works of any kind; planting with trees or live hedges; reclamation from swamps; roading; and sinking wells or bores

    inherent value, in relation to any land, means a value arising from—

    • (a) a cultural, ecological, historical, recreational, or scientific attribute or characteristic of a natural resource in, on, forming part of, or existing by virtue of the conformation of, the land; or

    • (b) a cultural, historical, recreational, or scientific attribute or characteristic of a historic place on or forming part of the land

    the land, in relation to a reviewable instrument, means all land held under it

    marginal strip means any strip of land reserved or deemed to be reserved under section 24 or section 24E(3) or section 24G of the Conservation Act 1987 for the purposes specified in section 24C of that Act; and includes part of a marginal strip

    natural resources means—

    • (a) plants and animals of all kinds; and

    • (b) the air, water, and soil in or on which any plant or animal lives or may live; and

    • (c) landscape and landform; and

    • (d) geological features; and

    • (e) ecosystems;—

    and natural resource has a corresponding meaning

    neighbouring includes adjacent

    occupation licence means licence granted under section 66AA of the Land Act 1948 or section 14(7) of this Act

    pastoral land means Crown land for the time being so classified under section 51 of the Land Act 1948

    proposed activity, in relation to a proposed concession, means activity proposed to be carried out under the concession

    proposed facility, in relation to a proposed concession, means structure or facility proposed for or in relation to the concession

    protective mechanism means—

    • (b) covenant under section 22 of the Queen Elizabeth the Second National Trust Act 1977, section 77 of the Reserves Act 1977, section 27 of the Conservation Act 1987, or section 6 of the Historic Places Act 1993; or

    • (c) sustainable management covenant

    renewable lease means renewable lease as defined in—

    • (b) the corresponding provisions of any Act repealed by that Act; or

    • (c) the corresponding provisions of any Act relating to the disposal of Crown land repealed before 1 April 1949

    rental value means the value of Crown land on which the yearly rent payable under a renewable lease is calculated in accordance with the Land Act 1948

    reserve means land vested in the Crown that is or is part of a reserve within the meaning of section 2(1) of the Reserves Act 1977

    reviewable instrument means instrument that is a reviewable lease or an occupation licence

    reviewable land means land that—

    • (a) is held under a reviewable instrument; or

    • (b) is pastoral land not for the time being held under a reviewable instrument

    reviewable lease means lease under section 66(1) or section 67 of the Land Act 1948; but does not include—

    • (b) a lease under section 67 of the Land Act 1948 over land all of which is conservation area or reserve

    significant inherent value, in relation to any land, means inherent value of such importance, nature, quality, or rarity that the land deserves the protection of management under the Reserves Act 1977 or the Conservation Act 1987

    sowing includes oversowing, and direct-drilling; and sow has a corresponding meaning

    special lease means lease under section 67(2) of the Land Act 1948

    specified, in relation to a concession, lease, or permit referred to in a proposal, means on terms specified in the proposal

    specified person, in relation to a proposal, means person specified in the proposal

    stock limitation means—

    • (a) restriction under section 66(2) of the Land Act 1948 subject to which a pastoral lease was granted before 30 November 1979; or

    • (b) restriction under section 66(3) of the Land Act 1948 subject to which a pastoral lease was granted after 29 November 1979

    sustainable management covenant means a covenant reserved under section 97(1)

    undertake includes cause to be undertaken

    unrenewable occupation licence means occupation licence that is—

    • (a) an occupation licence granted under section 66AA of the Land Act 1948 in respect of which the Commissioner has decided, under section 14(4) of this Act, that the Commissioner is not satisfied that the land should continue to be held under occupation licence for any period after the expiry of the existing licence; or

    • (b) an occupation licence granted under section 66AA of the Land Act 1948 to the holder of which the Commissioner has made an offer, of a further occupation licence of the land under section 14(5) of this Act, that was not accepted before the day specified in it; or

    unused Crown land means Crown land not held under a lease, licence, or permit

    working day means day that is not a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign's birthday, Labour Day, or a day during the period commencing on any Christmas Day and ending with the 15th day of the following January.

    Section 2 protective mechanism paragraph (a): amended, on 30 September 2008, by section 82 of the Walking Access Act 2008 (2008 No 101).