Land Act Regulations 1949

Reprint
as at 19 August 2013

Coat of Arms of New Zealand

Land Act Regulations 1949

(SR 1949/37)

B C Freyberg, Governor-General

Order in Council

At the Government Buildings at Wellington this 30th day of March 1949

Present:
The Right Hon P Fraser presiding in Council


Note

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

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

These regulations are administered by Land Information New Zealand.


Pursuant to the Land Act 1948, His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, doth hereby make the following regulations.

Regulations

Part 1
Preliminary

1
  • These regulations may be cited as the Land Act Regulations 1949, and shall come into force on 1 April 1949.

2
  • In these regulations, unless the context otherwise requires,—

    Act means the Land Act 1948

    expressions used herein have the same meanings as in the Act.

3
  • (1) The regulations referred to in subclause (4) are hereby revoked.

    (2) Notwithstanding the revocation of the regulations referred to in subclause (4), all reservations created in respect of land leased under those regulations, and all provisions thereof relating to leases, licences, and other rights granted thereunder and to lessees, licensees, and grantees thereof shall, subject to the provisions of the Act and so far as they apply to land so leased and to leases, licences, and other rights so granted and to lessees, licensees, and grantees thereof, continue in full force and effect.

    (3) Generally all appointments, notifications, notices, and other acts of authority, and all applications and other documents, matters, acts, and things which originated or had effect under any regulations hereby revoked or any regulations heretofore in force and of continuing effect at the time of the coming into force of these regulations, shall enure for the purposes of these regulations as if they had originated under the corresponding provisions of these regulations, and shall, where necessary, be deemed to have so originated.

    (4) The regulations revoked by this regulation are the following:

    • Regulations revoked
     Published in Gazette
    Date of enactmentYearPage
    4 July 191119112149
    19 August 191219122544
    13 August 191819182918
    20 December 1920192123
    24 May 192219221522
    14 November 192319232801
    1 February 19241924489
    23 June 192419241494
    22 June 192519251965
    28 September 192519252682
    18 January 19261926134
    8 March 19261926661
    28 June 192619261830
    5 July 192619261882
    26 July 192619262351
    29 November 192619263340
    10 January 1927192723
    23 February 19281928508
    24 March 19281928926
    10 May 192819281648
    10 December 192819283477
    17 December 192819283610
    21 January 19301930197
    11 March 19301930738
    6 June 193019301937
    31 August 193119312498
    4 April 19321932728
    5 July 193219321643
    10 April 19331933797
    10 April 19331933798
    7 October 193319332497
    Published in Statutory Regulations
    Date of enactmentYearSerial number
    8 September 19371937233
    2 May 1939193945
    14 May 1940194082
    5 March 1941194138
    8 March 1944194439
    14 June 1944194492
    10 January 194519453

Part 2
Alienation of Crown land

4
  • The declaration to be annexed to every application for Crown land under the Act shall be in form 1 of Schedule 1 or to that effect.

5
  • Where in the case of simultaneous applications for Crown land there are 2 or more applicants who in the opinion of the Board are equally suitable to be allotted the land, an applicant who is a serviceman or discharged serviceman or the spouse or surviving spouse or civil union partner or surviving civil union partner of a serviceman or discharged serviceman shall have preference over all other classes of applicants unless in the opinion of the Board there are special circumstances which render the giving of such a preference inadvisable or inequitable.

    Regulation 5: amended, on 19 August 2013, by section 9 of the Marriage (Definition of Marriage) Amendment Act 2013 (2013 No 20).

    Regulation 5: amended, on 26 April 2005, by section 12 of the Relationships (Statutory References) Act 2005 (2005 No 3).

    Regulation 5: amended, on 8 October 1952, by regulation 2 of the Land Act Regulations 1949, Amendment No 1 (SR 1952/181).

6
  • [Revoked]

    Regulation 6: revoked, on 1 January 1969, by section 5(3)(a) of the Land Amendment Act 1968 (1968 No 50).

7
  • In every lease or licence of farm land or pastoral land there shall be reserved to the Board the right to take water races and to lay water pipes over or under the land comprised in the lease or licence and to enter upon the land as often as shall be necessary for the purpose of inspecting or repairing any such water races or water pipes without liability to pay compensation other than for damage to improvements belonging to the lessee or licensee, but subject to a reduction in the rent or instalments, as the case may be, in the proportion which the value of the area of surface (if any) from time to time occupied by such water races or water pipes bears to the value of the land in the lease or licence.

8
  • Where the channel of any creek or natural or artificial watercourse runs through any Crown land held under lease or licence, the lessee or licensee shall not at any time alter that channel or stop or divert the water flowing therein without the prior consent of the Commissioner which consent may be given subject to such terms and conditions as the Commissioner thinks fit.

    Regulation 8: amended, on 1 February 1990, by section 7(1) of the Survey Amendment Act (No 3) 1989 (1989 No 139).

Part 3
Notices

9
  • (1) Every notice of intention by a lessee or licensee to acquire the fee simple of the land comprised in his lease or licence pursuant to section 122 of the Act shall be given in form 2 of Schedule 1 or to that effect.

    (2) Every notice by the Commissioner to the lessee or licensee pursuant to subsection (8) of section 122 of the Act shall be given in form 3 of Schedule 1 or to that effect.

    (3) Every notice of election by the lessee or licensee pursuant to subsection (10) of section 122 of the Act shall be given in form 4 of Schedule 1 or to that effect.

    Regulation 9(2): amended, on 1 February 1990, by section 7(1) of the Survey Amendment Act (No 3) 1989 (1989 No 139).

10
  • Every notice of intention by a lessee or licensee to surrender his lease or licence and obtain in exchange therefor a new renewable lease or deferred-payment licence, pursuant to section 126, section 126A, section 127, or section 129 of the Act, as the case may be, shall be given in form 5 of Schedule 1 or to that effect.

    Regulation 10: amended, on 5 December 1974, by regulation 2 of the Land Act Regulations 1949, Amendment No 6 (SR 1974/283).

11
  • (1) Every notice by the Commissioner to a lessee pursuant to subsection (6) of section 131 of the Act shall be given in form 6 of Schedule 1 or to that effect.

    (2) Every notice of election by a lessee pursuant to section 132 of the Act shall be given in form 7 of Schedule 1 or to that effect.

    Regulation 11(1): amended, on 1 February 1990, by section 7(1) of the Survey Amendment Act (No 3) 1989 (1989 No 139).

11A Notice of review of rent
  • (1) Every notice by the Commissioner to a lessee pursuant to section 132A(2) of the Act shall be given in form 7A of Schedule 1, or in a form to that effect.

    (2) Every notice of election by a lessee pursuant to section 132A(2) of the Act shall be given in form 7B of Schedule 1, or in a form to that effect.

    Regulation 11A: inserted, on 5 December 1974, by regulation 3(1) of the Land Act Regulations 1949, Amendment No 6 (SR 1974/283).

    Regulation 11A(1): amended, on 1 February 1990, by section 7(1) of the Survey Amendment Act (No 3) 1989 (1989 No 139).

Part 4
Leases of local body endowments

12
  • This Part shall apply to the leasing of any endowment vested in a local authority which is the subject of an agreement between the Board and that local authority pursuant to section 47 of the Act or the corresponding provisions of any former Land Act.

13
  • Every lease issued pursuant to paragraph (b) of subsection (2) of the said section 47 and to this Part shall be in form 8 of Schedule 1 when that lease is from Her Majesty the Queen, or in form 9 of Schedule 1 when that lease is from the local authority.

14
  • Every lease referred to in the last preceding regulation shall be prepared in triplicate by the Commissioner and executed by the Commissioner on behalf of Her Majesty the Queen, or by the local authority, as the case may be, and by the lessee, and shall then be registered under the Land Transfer Act 1952. Every such lease may with the consent of the Board or of the local authority, as the case may be, be surrendered as to the whole or any portion of the land comprised therein.

    Regulation 14: amended, on 1 February 1990, by section 7(1) of the Survey Amendment Act (No 3) 1989 (1989 No 139).

    Regulation 14: amended, on 1 January 1953, pursuant to section 245(1) of the Land Transfer Act 1952 (1952 No 52).

15
  • (1) The Board may make advances or readvances to a lessee under this Part for any of the purposes set out in Part 6 of the Act, and all the provisions of that Part shall apply to the securing and repayment of any advances and readvances so made.

    (2) In respect of amounts expended by the Board in preparing the land for settlement, the Board, in lieu of securing those amounts by way of mortgage, may require the lessee to repay them by instalments of principal and interest spread over the term of the lease or such shorter period as the Board may determine.

16
  • In any mortgage securing advances made to any lessee under the last preceding regulation the lessee shall irrevocably appoint the Commissioner to be his attorney to execute on behalf of the lessee any further mortgage or mortgages which the Commissioner may deem necessary consequent upon the issue of any renewal of the lease or upon the issue by the local authority of any new lease pursuant to the provisions of subsection (3) of the said section 47.

    Regulation 16: amended, on 1 February 1990, by section 7(1) of the Survey Amendment Act (No 3) 1989 (1989 No 139).

Part 5
Islands

17
  • (1) This regulation shall apply to that part of Kapiti Island which is for the time being vested in the Crown.

    (2) In this regulation, unless inconsistent with the context,—

    Caretaker means the officer appointed to protect the reserve and to do such other things as may be deemed to be required

    Director-General of Conservation means the Director-General of Conservation of Crown Lands for the Land District of Wellington

    reserve means that part of Kapiti Island to which this regulation for the time being applies

    stock has the same meaning as in the Stock Act 1908.

    (3) No person shall enter on the reserve unless he has first obtained a written permit from the Director-General of Conservation, and, except where the permit specifies otherwise, every person obtaining such a permit shall make his first landing on Kapiti at Rangitira and report to the Caretaker.

    (4) No person shall take or destroy or wilfully injure or in any manner interfere with any bird or the nest or egg or any bird in the reserve.

    (5) No person shall in any way destroy, injure, deface, or disturb any buildings, boats, fences, signs, notices, native vegetation, equipment, or other property on the reserve.

    (6) No person shall plant or sow on the reserve any exotic plant or seed except such as are required for the use of the Caretaker; nor, except with the written consent of the Director-General of Conservation first had and obtained, shall any person land or liberate, or be in possession of, any exotic bird, insect, or animal on the reserve.

    (7) Except with the written consent of the Director-General of Conservation first had and obtained, no person shall have any firearm in his possession or under his control while on the reserve or discharge any firearm on or into the reserve.

    (8) No person shall without the previous permission of the Caretaker light any fire on the reserve except at a prepared site or on the beach. Fires may be lighted only when necessary.

    (9) No person having lit any fire or caused or permitted any fire to be lit shall leave such fire until it is completely extinguished.

    (10) No person shall smoke on the reserve except at camping sites on the beach or other situations where there is no vegetation or combustible material.

    (11) No person shall take into the reserve or have in his possession within the reserve any match made with white phosphorus (meaning the substance commonly known as white or yellow phosphorus) or made otherwise than so as to strike only on a preparation affixed to the box containing the matches or to a box containing matches of the same description.

    (12) No person shall camp on the reserve without a written permit from the Director-General of Conservation.

    (13) Any person camping on the reserve may camp only at a site approved by the Caretaker.

    (14) Campers shall not cut down any green tree or shrub.

    (15) No person shall leave in the reserve any litter or rubbish that is not either buried or completely burned in a fire lit in compliance with subclause (8).

    (16) Any person committing a breach of this regulation shall be liable on conviction to a fine not exceeding $200.

    Regulation 17(2) Commissioner: repealed, on 1 April 1987, by section 65(3) of the Conservation Act 1987 (1987 No 65).

    Regulation 17(2) Director-General of Conservation: inserted, on 1 April 1987, by section 65(3) of the Conservation Act 1987 (1987 No 65).

    Regulation 17(3): amended, on 1 April 1987, by section 65(3) of the Conservation Act 1987 (1987 No 65).

    Regulation 17(6): amended, on 1 April 1987, by section 65(3) of the Conservation Act 1987 (1987 No 65).

    Regulation 17(7): amended, on 1 April 1987, by section 65(3) of the Conservation Act 1987 (1987 No 65).

    Regulation 17(12): amended, on 1 April 1987, by section 65(3) of the Conservation Act 1987 (1987 No 65).

    Regulation 17(16): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

    Regulation 17(16): amended, on 5 December 1974, by regulation 4(1)(a) of the Land Act Regulations 1949, Amendment No 6 (SR 1974/283).

18
  • [Revoked]

    Regulation 18: revoked, on 17 March 1978, by regulation 12(a) of the Titi (Muttonbird) Islands Regulations 1978 (SR 1978/59).

Part 6
Waterworks

19
  • (1) This Part shall apply to every waterworks which are subject to the provisions of the Act.

    (2) This Part shall apply to every waterworks disposed of by the Board under section 50 of the Act as if all references in this Part to the Board were references to the local authority, department of State, person, incorporated society, or association, as the case may be, to which or to whom the waterworks were so disposed of.

20
  • (1) Every person supplied with water from a waterworks shall provide such proper taps, ball-cocks, meters, pipes, and other appliances of any kind as the Board may require, and shall keep the same in good repair and shall prevent the water running to waste; and in default of his providing or keeping in repair those appliances, or in the case of his wilfully allowing water to run to waste, the Board may stop the supply of water to that person in any manner it thinks fit or may effect any necessary repairs and recover the cost of those repairs from the person being supplied with water.

    (2) Any person acting under the authority of the Board may, for the purpose of ascertaining whether water supplied from a waterworks to any land or building is being wasted or misused, enter on the land or into the building at any time, and if he is refused admittance or obstructed in his examination the Board may stop the supply of water in any manner it thinks fit.

    (3) Any person may remove any pipe or other appliance belonging to him connected with a waterworks after giving the Commissioner 14 days' notice in writing of his intention so to do and of the time of removal, but shall be liable for all damage done to any part of the waterworks by the removal; and if any person removes any such pipe or appliances without giving the notice as aforesaid he shall be liable on conviction to a fine not exceeding $200 and to pay all damage done to the waterworks by the removal.

    (4) If any person does any act whereby the waters of any river or stream, being part of any waterworks under the Act, are drawn off or diminished in quantity to the detriment of the said waterworks, and does not immediately on receiving notice in writing in that behalf from the Board restore that river or stream to the state in which it was in all respects before that act, he commits an offence against these regulations on every day during which the act continues, and shall be liable on conviction to a fine not exceeding $200 for every such offence; and the Board may, if it thinks fit, itself restore the river or stream to the said former state, and may recover from that person all the expenses incurred in so doing.

    Regulation 20(3): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

    Regulation 20(3): amended, on 1 February 1990, by section 7(1) of the Survey Amendment Act (No 3) 1989 (1989 No 139).

    Regulation 20(3): amended, on 5 December 1974, by regulation 4(1)(c) of the Land Act Regulations 1949, Amendment No 6 (SR 1974/283).

    Regulation 20(4): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

    Regulation 20(4): amended, on 5 December 1974, by regulation 4(1)(d) of the Land Act Regulations 1949, Amendment No 6 (SR 1974/283).

21
  • (1) Every person who throws or pours any foul liquid or matter into any water or watershed, being part of or taken or used for supplying water to any waterworks, or who suffers or allows any foul liquid or matter to fall or flow into any such water or watershed commits an offence and shall be liable on conviction to a fine not exceeding $200.

    (2) After giving 24 hours' notice to the person carrying on or managing or having charge or control of any works, factory, or premises, the Board, by any authorised officer or servant, may enter thereupon and cause the same to be thoroughly examined in order to ascertain whether any foul liquid or matter therefrom is flowing into any such water or watershed or any waterworks; and if it appears upon examination that such is the case, the Board may recover from that person all the expenses incurred in making the examination.

    Regulation 21(1): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

    Regulation 21(1): amended, on 5 December 1974, by regulation 4(1)(e) of the Land Act Regulations 1949, Amendment No 6 (SR 1974/283).

22
  • (1) For the better management and control of each waterworks the Board may from time to time appoint Water Supply Committees of not less than 3 and not more than 7 persons in any case. Every person so appointed shall be a person to whom water is supplied from the waterworks for which the committee is appointed, and shall be appointed for a term of 3 years.

    (2) The functions of each Water Supply Committee shall be to assist the Board in the proper maintenance, protection, and control of the waterworks and the supply of water for which it is appointed. The decision of the Board on all matters affecting the waterworks, including the expenditure of moneys on maintenance, repairs, and renewals, shall be final.

    (3) Each Water Supply Committee shall, subject to the approval of the Board, appoint a suitable person to act as caretaker of the waterworks. The caretaker shall have such duties and be paid such remuneration (if any) as the Board on the recommendation of the Water Supply Committee may from time to time approve.

    (4) Each Water Supply Committee shall meet at such time and place as the Committee determines, and shall at its first meeting elect one of its members to be Chairman. The Chairman shall be elected thereafter at an annual meeting to be held at a time fixed by the Committee. The Chairman shall have an original as well as a casting vote.

    (5) The Chairman shall hold office until the election of his successor, and if at any meeting the Chairman is not present at the time appointed for holding the same the members present shall choose one of their number to be Chairman of that meeting during the absence of the Chairman.

    (6) All questions shall be determined by the majority of votes of the members of the Water Supply Committee present at a meeting. Any 3 members of the Water Supply Committee shall form a quorum. Any meeting may be adjourned from time to time.

    (7) Special meetings may be convened by the Chairman or by a majority of the members of the Water Supply Committee, provided due notice is given to each member specifying the business to be transacted at the meeting; and no business other than that so specified shall be transacted at the meeting.

    (8) In event of the resignation, death, or incapacity of any member, or if any member absents himself from 3 consecutive meetings of the Water Supply Committee without reasonable cause, the Board may appoint another person to be a member of the Water Supply Committee in his stead.

23
  • In the event of non-payment on due date of any levy payable pursuant to the provisions of the Act, the Board may without notice cut off the supply of water to the person responsible for payment of the levy.

24
  • (1) Every person commits an offence under this Part who does any of the following things, namely,—

    • (a) wilfully injures or destroys any part of any waterworks; or

    • (b) unlawfully draws off or diverts any water belonging to any waterworks; or

    • (c) wilfully or negligently allows any pipe or appliances on his premises to be out of repair so that water is wasted, or alters any meter, or does or suffers any act whereby his supply of water is improperly increased; or

    • (d) wrongfully takes any water from the supply furnished to another person; or

    • (e) being supplied with water from a waterworks, supplies another person not entitled to be supplied with, or permits him to take, any such water; or

    • (f) bathes or washes anything in any water of a waterworks; or

    • (g) throws any animal or dirt or rubbish of any sort into any such water; or

    • (h) allows any gas or any foul liquid or matter of any kind to flow or escape from any part of his premises, or any pipe or drain connected therewith, into any such water; or

    • (i) obstructs any person acting under the authority of the Board in doing anything which the Board is by the Act or this Part empowered to do; or

    • (j) opens the ground so as to uncover any pipe belonging to a waterworks, or connects any pipe with such pipe, without giving the Commissioner 14 days' notice in writing of his intention so to do; or

    • (k) connects any pipe with a pipe belonging to a waterworks without giving the Commissioner 14 days' notice in writing of the day and hour he proposes to do so, or without having obtained the permission of some person acting under the authority of the Board in that behalf; or

    • (l) connects any pipe with a pipe of a waterworks except in the presence of or pursuant to the direction of an officer appointed by the Board to superintend the same unless that officer fails to attend at the time named in the notice, and provided that the connection is left open for subsequent inspection and approval by that officer; or

    • (m) connects with a pipe of a waterworks any pipe of a strength or material not approved by the Board.

    (2) Every person who commits an offence against this regulation shall be liable on conviction to a fine not exceeding $200.

    Regulation 24(1)(j): amended, on 1 February 1990, by section 7(1) of the Survey Amendment Act (No 3) 1989 (1989 No 139).

    Regulation 24(1)(k): amended, on 1 February 1990, by section 7(1) of the Survey Amendment Act (No 3) 1989 (1989 No 139).

    Regulation 24(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

    Regulation 24(2): amended, on 5 December 1974, by regulation 4(1)(f) of the Land Act Regulations 1949, Amendment No 6 (SR 1974/283).

Part 7
Fees payable to the Department

[Revoked]

  • Part 7: revoked, on 10 December 1999, by regulation 2 of the Land Act Amendment Regulations 1999 (SR 1999/395).

25
  • [Revoked]

    Regulation 25: revoked, on 10 December 1999, by regulation 2 of the Land Act Amendment Regulations 1999 (SR 1999/395).

26
  • [Revoked]

    Regulation 26: revoked, on 10 December 1999, by regulation 2 of the Land Act Amendment Regulations 1999 (SR 1999/395).

27
  • [Revoked]

    Regulation 27: revoked, on 10 December 1999, by regulation 2 of the Land Act Amendment Regulations 1999 (SR 1999/395).

28
  • [Revoked]

    Regulation 28: revoked, on 10 December 1999, by regulation 2 of the Land Act Amendment Regulations 1999 (SR 1999/395).

29
  • [Revoked]

    Regulation 29: revoked, on 10 December 1999, by regulation 2 of the Land Act Amendment Regulations 1999 (SR 1999/395).

30
  • [Revoked]

    Regulation 30: revoked, on 10 December 1999, by regulation 2 of the Land Act Amendment Regulations 1999 (SR 1999/395).

31
  • [Revoked]

    Regulation 31: revoked, on 10 December 1999, by regulation 2 of the Land Act Amendment Regulations 1999 (SR 1999/395).

32 Refund or waiver of fees
  • [Revoked]

    Regulation 32: revoked, on 10 December 1999, by regulation 2 of the Land Act Amendment Regulations 1999 (SR 1999/395).

32A Fees payable for approval of surveys
  • [Revoked]

    Regulation 32A: revoked, on 10 December 1999, by regulation 2 of the Land Act Amendment Regulations 1999 (SR 1999/395).

33 Fee for inspecting or copying original map or plan
  • [Revoked]

    Regulation 33: revoked, on 6 July 1995, by regulation 4(1) of the Land Act Regulations 1949, Amendment No 10 (SR 1995/119).

34
  • [Revoked]

    Regulation 34: revoked, on 6 July 1995, by regulation 4(1) of the Land Act Regulations 1949, Amendment No 10 (SR 1995/119).

35
  • [Revoked]

    Regulation 35: revoked, on 10 December 1999, by regulation 2 of the Land Act Amendment Regulations 1999 (SR 1999/395).

36
  • [Revoked]

    Regulation 36: revoked, on 10 December 1999, by regulation 2 of the Land Act Amendment Regulations 1999 (SR 1999/395).

37
  • [Revoked]

    Regulation 37: revoked, on 10 December 1999, by regulation 2 of the Land Act Amendment Regulations 1999 (SR 1999/395).

37A
  • [Revoked]

    Regulation 37A: revoked, on 10 December 1999, by regulation 2 of the Land Act Amendment Regulations 1999 (SR 1999/395).

37B
  • [Revoked]

    Regulation 37B: revoked, on 10 December 1999, by regulation 2 of the Land Act Amendment Regulations 1999 (SR 1999/395).

37C
  • [Revoked]

    Regulation 37C: revoked, on 10 December 1999, by regulation 2 of the Land Act Amendment Regulations 1999 (SR 1999/395).

38
  • [Revoked]

    Regulation 38: revoked, on 10 December 1999, by regulation 2 of the Land Act Amendment Regulations 1999 (SR 1999/395).


Schedule 1
Declaration, notices, and forms of leases

Form 1
Declaration to be made on applying for Crown land under the Land Act 1948

r 4

I, [insert full name, place of abode and occupation], do solemnly and sincerely declare—

  • 1 that I am of the age of 17 years and upwards:

  • 2 that I am, subject to the provisions of the Land Act 1948, applying for (or desirous of becoming the transferee of a lease or licence of) the land described in the attached application:

  • 3 that I am seeking to acquire the said land solely for my own use and benefit, and not directly or indirectly for the use or benefit of any other person or persons whomsoever:

  • 4 that my answers to the questions on the attached application are true and correct in every particular.

And I make this solemn declaration conscientiously believing the same to be true, and by virtue of the Justices of the Peace Act 1927.

Signature:

Declared at: [place, date]

Before me: [signature]

Justice of the Peace (or solicitor, or other person authorised to take and receive statutory declarations)

Form 2
Notice by lessee(s) or licensee(s) of intention to purchase fee simple of land comprised in lease or licence

r 9(1)

[Address and date]

The Commissioner of Crown Lands, [specify]

I/We [full name(s)], being the lessee(s) (licensee(s)) of [legal description of land] with a total area of [area] hereby give you notice, pursuant to section 122 of the Land Act 1948, of my/our intention to purchase the fee simple of the land comprised in the said lease (or licence).

I/We enclose the prescribed valuation fee of $[amount].

Signature(s) of lessee(s) (or licensee(s)):

Note: Documents and remittances should be sent by registered post.

  • Schedule 1 form 2: replaced, on 5 December 1974, by regulation 6(1) of the Land Act Regulations 1949, Amendment No 6 (SR 1974/283).

  • Schedule 1 form 2: amended, on 1 February 1990, by section 7(1) of the Survey Amendment Act (No 3) 1989 (1989 No 139).

Form 3
Notice by Commissioner of Crown Lands informing lessee(s) or licensee(s) of the purchase price pursuant to section 122(8) of the Land Act 1948

r 9(2)

[Address and date]

Name(s) of lessee(s) or licensee(s):

Address:

Land:

Area:

Referring to your notice of intention to purchase the fee simple of the above land at present held by you on [type of lease or licence], the following are the values ascertained as required by section 122(5) of the Land Act 1948:

  • (a) all improvements on the land: $[amount]

  • (b) the Crown's improvements at the commencement of the lease: $[amount]

  • (c) land exclusive of improvements: $[amount]

The value of the lessee's goodwill in the lease (if any) calculated in accordance with section 122(7A) is $[amount].

Section 122(7) provides that the purchase price shall be the sum of (b) and (c)—that is $[amount] less $[amount], being the goodwill calculated under subsection (7A). The net purchase price is $[amount].

Section 122(10) requires that, within 1 month after the receipt of this notice, you shall elect by notice in writing to me whether you will purchase the land for cash or on deferred payments, and also whether you accept the purchase price or require it to be determined by the Land Valuation Tribunal. If you omit to give that notice, the Act says that you are deemed to have agreed to the values set out in this notice and to have elected to purchase the fee simple for cash.

If you elect to purchase on deferred payments the term of the deferred payment licence will be [specify] years, and the half-yearly instalments of principal and interest (calculated at [specify]% per annum) will be $[amount] subject to a rebate for prompt payment of [specify] of the interest portion of the charge, and to review of interest rate in accordance with section 170B of the Land Act 1948. You may if you wish pay a larger deposit and have a shorter term in which to pay the purchase price or in any event a shorter term of repayment could be considered. During the term of the licence, you may at any time pay off the balance of the purchase money.

When notifying me of your election, will you please arrange to have your lease (or licence) forwarded to me. The necessary payments must be made within 3 months after the delivery of this notice to you or after the sealing of the order of the court, as the case may be. Section 124(3) of the Land Act 1948 provides that if you default in any payment, the contract to purchase may be cancelled and you will be unable without my approval to again exercise your right of purchase until the expiry of 5 years. The required payments are—

If you purchase for cash— If you purchase on deferred payments—
Purchase price$ Deposit$
Title fee$ Licence fee$
 $  $

Your rent is paid to [specify] and any overpayment beyond the date of payment of the purchase price or deposit can be credited to the purchase price or deposit payable. Rent is calculated at the rate of one three-hundred-and-sixty-fifth of the annual rent for every day rent is payable.

If you fix a definite date for settlement, the exact amount payable will be calculated and communicated to you. The date fixed should be at least 14 days ahead to allow for possible delays in transmission by post.

A form is enclosed for notifying me of your election.

Yours faithfully,

Signature:

(Commissioner of Crown Lands)

Register, A R

Encl: Form of election.

Note: Documents and remittances should be sent by registered post.

  • Schedule 1 form 3: replaced, on 5 December 1974, by regulation 6(1) of the Land Act Regulations 1949, Amendment No 6 (SR 1974/283).

  • Schedule 1 form 3 heading: amended, on 1 February 1990, by section 7(1) of the Survey Amendment Act (No 3) 1989 (1989 No 139).

  • Schedule 1 form 3: amended, on 1 February 1990, by section 7(1) of the Survey Amendment Act (No 3) 1989 (1989 No 139).

  • Schedule 1 form 3: amended, on 23 December 1977, pursuant to section 6(7A) of the Land Valuation Proceedings Amendment Act 1977 (1977 No 15).

Form 4
Notice by lessee(s) or licensee(s) of election pursuant to section 122(10) of the Land Act 1948

r 9(3)

[Address and date]

The Commissioner of Crown Lands, [specify]

Referring to your notice dated [date] I/we [full name(s)] hereby give notice pursuant to section 122(10) of the Land Act of 1948, that I/we elect as follows:

*(1)
  • (a) To purchase the fee simple of the above land for cash.

  • (b) To purchase the fee simple of the above land on deferred payments.

*(2)
  • (a) To agree to the purchase price set out in your notice.

  • (b) To require the purchase price to be determined by the Land Valuation Tribunal.

*Please cross out all the options which are not applicable.

My/Our lease (or licence) is enclosed (or I/We have arranged for [specify] to forward it to you.)

Signature(s) of lessee(s) (or licensee(s)):

Note: The lease or licence should be forwarded to the Commissioner by registered post.

  • Schedule 1 form 4: replaced, on 5 December 1974, by regulation 6(1) of the Land Act Regulations 1949, Amendment No 6 (SR 1974/283).

  • Schedule 1 form 4: amended, on 1 February 1990, by section 7(1) of the Survey Amendment Act (No 3) 1989 (1989 No 139).

  • Schedule 1 form 4: amended, on 23 December 1977, pursuant to section 6(7A) of the Land Valuation Proceedings Amendment Act 1977 (1977 No 15).

Form 5
Notice by lessee(s) or licensee(s) of intention to surrender existing lease or licence and obtain in exchange a new lease or licence

r 10

[Address and date]

The Commissioner of Crown Lands, [specify]

I/We [full name(s)] being the owner(s) of [type of lease or licence] of [legal description of land] comprising [number] ha [number] m2 hereby give notice, pursuant to section 126 (or 126A or 127 or 129) of the Land Act 1948 of my/our intention to surrender my/our present lease (or licence) over the said land and to obtain in exchange therefor a renewable lease (or new deferred payment licence).

[Where the lease or licence is subject to a mortgage or other registered interest add: I/We attach the consent of the mortgagee (or the consent(s) of the holders of other registered interests) to the surrender of my/our present lease (or licence) in exchange for a renewable lease (or new deferred payment licence)].

Signature(s) of lessee(s) (or licensee(s)):

  • Schedule 1 form 5: replaced, on 5 December 1974, by regulation 6(1) of the Land Act Regulations 1949, Amendment No 6 (SR 1974/283).

  • Schedule 1 form 5: amended, on 1 February 1990, by section 7(1) of the Survey Amendment Act (No 3) 1989 (1989 No 139).

Form 6
Notice by Commissioner of Crown Lands informing lessee(s) of values of land and improvements for renewal purposes pursuant to section 131(6) of the Land Act 1948

r 11(1)

[Address and date]

Name(s) of lessee(s):

Address:

Renewal of lease over [specify]. Area: [specify]

Your lease over the above land will expire on [date].

You are entitled to a renewal of your lease at a rental based on the value of the land exclusive of improvements. The renewal of your lease is conditional on your purchasing for cash or by instalments the Crown improvements which were included in the rental value at the commencement of your existing lease according to their value at that time.

The values have been fixed by the Land Settlement Board in terms of section 131(1) of the Land Act 1948 as follows:

  • (a) all improvements on the land: $[amount]

  • (b) Crown improvements at commencement of the lease: $[amount]

  • (c) land exclusive of improvements: $[amount]

You are accordingly offered a renewable lease under the provisions of the Land Act 1948 for a term of 33 years on the following terms:

The yearly rent for the first period of 11 years of the term of new lease to be $[amount], being 4.5% of the value of the land. The rent is payable half-yearly in advance on 1 January and 1 July and is subject to a rebate of 0.5% for prompt payment, ie, within 1 month of due date. The annual rent of the lease will be subject to review at the end of each 11-yearly period of the lease. The first 11-yearly period commences [specify].

The Crown improvements are to be purchased at the value indicated in (b) above either for cash or by instalments. If you intend to purchase the improvements by instalments, a deposit of $[amount] is to be paid, and the balance will be payable over a term of [specify] years by equal half-yearly instalments of interest and principal combined of $[amount]. Interest is calculated at the rate of 6% subject to a rebate of 0.5% for prompt payment. This interest rate is subject to review in accordance with section 170B of the Land Act 1948.

Section 132(1) of the Land Act 1948 requires you to notify me in writing, within 3 months after the receipt of this notice, whether—

  • (1) you accept the offer of a renewed lease at a rental of $[amount] per annum for the first 11 years of the term of the lease and will purchase the Crown improvements for $[amount] cash.

  • (2) you accept the offer of a renewed lease at a rental of $[amount] per annum for the first 11 years of the term of the lease and will purchase the Crown improvements by payment of a deposit of $[amount] and half-yearly instalments of $[amount] (interest rate reviewable in accordance with section 170B of the Land Act 1948).

  • (3) you desire a renewed lease and require the values specified in paragraphs (a), (b), and (c) of this notice to be fixed by the Land Valuation Tribunal.

  • (4) you do not desire a renewed lease and agree to the value specified in paragraph (a) of this notice.

  • (5) you do not desire a renewed lease but require the value specified in paragraph (a) of this notice to be fixed by the Land Valuation Tribunal.

  • (6) you do not desire a renewed lease but require the value specified in paragraph (b) of this notice to be fixed by the Land Valuation Tribunal.

Section 132(2) of the Land Act 1948 provides that if you omit to notify me of your election within 3 months of receipt of this notice you will be deemed to have accepted the renewed lease at the rental fixed by the Board and to have agreed to the values set out in paragraphs (a), (b), and (c) above, and to have elected to purchase the Crown improvements for cash or by instalments as the Board may determine.

Please notify me of your decision by completing and returning the attached form.

Yours faithfully,

Signature:

(Commissioner of Crown Lands)

Register, A R

Encl: Form of election.

  • Schedule 1 form 6: replaced, on 5 December 1974, by regulation 6(1) of the Land Act Regulations 1949, Amendment No 6 (SR 1974/283).

  • Schedule 1 form 6 heading: amended, on 1 February 1990, by section 7(1) of the Survey Amendment Act (No 3) 1989 (1989 No 139).

  • Schedule 1 form 6: amended, on 1 February 1990, by section 7(1) of the Survey Amendment Act (No 3) 1989 (1989 No 139).

  • Schedule 1 form 6: amended, on 23 December 1977, pursuant to section 6(7A) of the Land Valuation Proceedings Amendment Act 1977 (1977 No 15).

Form 7
Notice by lessee(s) of election pursuant to section 132 of the Land Act 1948

r 11(2)

[Address and date]

The Commissioner of Crown Lands, [specify]

Referring to your notice dated [date], I/we hereby make the following election:

  • (1) I/We accept the offer of a renewed lease at a rental of $[amount] per annum for the first 11 years of the term of the lease, and will purchase the Crown improvements for $[amount] cash.

  • (2) I/We accept the offer of a renewed lease at a rental of $[amount] per annum for the first 11 years of the term of the lease, and will purchase the Crown improvements by payment of a deposit of $[amount] and half-yearly instalments of $[amount] (interest rate therein reviewable in accordance with section 170B of the Land Act 1948).

  • (3) I/We desire a renewed lease, and require the values specified in paragraphs (a), (b), and (c) of your notice to be fixed by the Land Valuation Tribunal.

  • (4) I/We do not desire a renewed lease, and agree to the value specified in paragraph (a) of your notice.

  • (5) I/We do not desire a renewed lease, but require the value specified in paragraph (a) of your notice to be fixed by the Land Valuation Tribunal.

  • (6) I/We do not desire a renewed lease, but require the value specified in paragraph (b) of your notice to be fixed by the Land Valuation Tribunal.

Signature(s) of lessee(s):

Note: Indicate your election by ticking the appropriate paragraph and deleting the remaining 5 paragraphs.

  • Schedule 1 form 7: replaced, on 5 December 1974, by regulation 6(1) of the Land Act Regulations 1949, Amendment No 6 (SR 1974/283).

  • Schedule 1 form 7: amended, on 1 February 1990, by section 7(1) of the Survey Amendment Act (No 3) 1989 (1989 No 139).

  • Schedule 1 form 7: amended, on 23 December 1977, pursuant to section 6(7A) of the Land Valuation Proceedings Amendment Act 1977 (1977 No 15).

Form 7A
Notice by Commissioner advising lessee of yearly rent for next ensuing period of 11 years pursuant to section 132A(2) of the Land Act 1948

r 11A(1)

[Address and date]

Name(s) of lessee(s):

Address:

Lease of:

Area:

The amount of the yearly rent payable under your lease of the above land has been reviewed in accordance with the provisions of your lease.

For purposes of determining the yearly rent payable during the period of 11 years from [specify], the Land Settlement Board has in accordance with statutory requirements ascertained the values referred to in section 131(1) of the Land Act 1948 as follows:

  • (a) all improvements on the land: $[amount]

  • (b) the Crown's improvements at the commencement of the lease: $[amount]

  • (c) land exclusive of improvements: $[amount].

The yearly rental payable for the next 11 years from [specify] will therefore be $[amount], being 4.5% of the value of the land. The rent is payable half-yearly in advance on 1 January and 1 July and is subject to a rebate of 0.5% for prompt payment, ie, within 1 month of due date.

Any instalments due for the purchase of Crown improvements will remain payable in accordance with the conditions agreed to when the term of your lease commenced.

Section 132A(2) of the Land Act 1948 requires you to notify me in writing within 3 months after receipt of this notice whether:

  • (1) you agree to pay the yearly rent of $[amount] for the next ensuing period of 11 years, or whether

  • (2) you require the values referred to in paragraphs (a), (b), and (c) above to be fixed by the Land Valuation Tribunal.

When notifying me of your election will you please arrange to have your lease forwarded to me.

Section 132A(3) of the Land Act 1948 provides that if you omit to notify me of your election within 3 months of receipt of this notice, you will be deemed to have agreed to pay the yearly rent stated in this notice.

A form is enclosed for notifying me of your election.

Yours faithfully,

Signature:

(Commissioner of Crown Lands)

Register, A R

Encl: Form of election.

  • Schedule 1 form 7A: inserted, on 5 December 1974, by regulation 6(2) of the Land Act Regulations 1949, Amendment No 6 (SR 1974/283).

  • Schedule 1 form 7A heading: amended, on 1 February 1990, by section 7(1) of the Survey Amendment Act (No 3) 1989 (1989 No 139).

  • Schedule 1 form 7A: amended, on 1 February 1990, by section 7(1) of the Survey Amendment Act (No 3) 1989 (1989 No 139).

  • Schedule 1 form 7A: amended, on 23 December 1977, pursuant to section 6(7A) of the Land Valuation Proceedings Amendment Act 1977 (1977 No 15).

Form 7B
Notice by lessee(s) pursuant to section 132A(2) of the Land Act 1948

r 11A(2)

[Address and date]

The Commissioner of Crown Lands, [specify]

Referring to your notice dated [date], I/we elect as follows:

  • (1) to pay the yearly rent of $[amount] for the next ensuing period of 11 years.

  • (2) to have the values referred to in your notice fixed by the Land Valuation Tribunal.

My/Our lease is enclosed (or I/We have arranged for [specify] to forward it to you).

Signature(s) of lessee(s):

Note: Please cross out the option which you do not wish to accept. The lease should be forwarded to the Commissioner by registered post.

  • Schedule 1 form 7B: inserted, on 5 December 1974, by regulation 6(2) of the Land Act Regulations 1949, Amendment No 6 (SR 1974/283).

  • Schedule 1 form 7B: amended, on 1 February 1990, by section 7(1) of the Survey Amendment Act (No 3) 1989 (1989 No 139).

  • Schedule 1 form 7B: amended, on 23 December 1977, pursuant to section 6(7A) of the Land Valuation Proceedings Amendment Act 1977 (1977 No 15).

Form 8
Sublease by Her Majesty the Queen of land under section 47(2)(b) of the Land Act 1948 and the regulations thereunder

r 13

No:

Whereas Her Majesty the Queen (who with her heirs and successors is hereinafter referred to as the lessor) is registered as the proprietor of an estate of leasehold subject, however, to such encumbrances, liens, and interests as are notified by memoranda underwritten or endorsed hereon, in all that piece of land situated in the [specify] of [specify] containing [specify], be the same a little more or less, being [description of land]:

And whereas the land above described (hereinafter referred to as the said land) is land (or part of land) which has been acquired by the lessor for an estate of leasehold under and by virtue of a memorandum of lease from the [specify] under number [specify], which said lease was entered into pursuant to the powers in that behalf conferred by section 47 of the Land Act 1948 (hereinafter referred to as the said Act):

And whereas [name, address, and occupation] (who with [specify] executors, administrators and permitted assigns is hereinafter referred to as the lessee) has applied to the Land Settlement Board established under section 12 of the Land Act 1948 (hereinafter referred to as the Board), for a sublease of the said land under the said Act and the regulations thereunder:

And whereas there are now situate on the said land the improvements specified in the Schedule of this form the value whereof has been duly ascertained to be the sum therein mentioned:

And whereas pursuant to the said Act and the regulations thereunder the said sum together with interest thereon at the rate of $[amount] per centum per annum computed from the first day of [month, year] is payable by the lessee by the respective instalments and on the respective dates mentioned in the Schedule of this form:

And whereas the rental value of the said land apart from the said improvements is $[amount]:

Now therefore the lessor doth hereby lease to the lessee all the said land to be held by him the said lessee as tenant for the space of [number] years to expire at midnight on [date]:

Yielding and paying therefor during the said term unto Land Information New Zealand at the principal Land Office for the Land District of [specify] free from all deductions whatsoever the clear annual rental of $[amount] computed from the first day of [month, year] and payable in manner following that is to say:

  • (a) by a payment of $[amount] before the execution of these presents such payment (which has been duly made) being in respect of rent in advance for the first half year computed as aforesaid together with rent for the period elapsing between the date of this lease and the commencement of the said first half year; and also

  • (b) by the payment thereafter of $[amount] half-yearly in advance on 1 January and 1 July in each and every year during the said term the first of such payments to become due and to be made on the first day of [month, year]. And also paying in respect of the said improvements specified in the Schedule of this form unto the aforesaid Department the respective instalments specified in that schedule at the dates therein respectively mentioned in that behalf.

Subject to the following covenants and conditions:

  • 1 The lessee will reside continuously on the said land from the date of this lease unless exempted by the Board from so doing. Any exemption granted by the Board may be subject to such terms and conditions as the Board thinks fit.

  • 2 The lessee will put on the said land improvements (within the meaning of the Land Act 1948), as under: [set out improvements to be effected].

  • 3 The lessee will fully and punctually pay the rent hereby reserved at the times and in the manner hereinbefore named in that behalf.

  • 4 With reference to the improvements which have been valued separately as aforesaid and the instalments in respect thereof as specified in the Schedule of this form the following special provisions shall apply:

    • (a) The lessee shall fully and punctually pay the said instalments at the times and in the manner specified in the said schedule:

      provided that he may at any time pay the whole or any less number of the then further instalments under a duly proportionate rebate of interest.

    • (b) So long as any such instalment remains unpaid the lessee shall at his own cost in all things insure any buildings included in the said improvements and keep them insured in the name of the Commissioner of Crown Lands for the Land District of [specify] (hereinafter referred to as the Commissioner) in an amount equal to the full insurable value thereof in the State Fire Office or some other reputable insurance office to be first approved by the Commissioner.

    • (c) The lessee shall deposit with the Commissioner the policy of such insurance forthwith upon effecting the same and shall also duly pay all premiums in respect thereof and deposit with him each premium receipt not later than the forenoon of the day on which such premium becomes payable.

    • (d) If the lessee at any time fails or neglects duly to effect or keep on foot such insurance or duly to pay any such premium or deposit such policy or receipt it shall be lawful for but not obligatory on the Commissioner at the cost in all things of the lessee to effect such insurance in such sum as aforesaid or in any other sum or to pay such premium as he thinks fit.

    • (e) In the event of the buildings so insured or any of them being destroyed or damaged by fire all moneys payable to the Commissioner under the insurance shall be recoverable by the Commissioner who after deducting the expense (if any) incurred in recovering the same shall, as the Board may determine, apply the residue thereof or a sufficient part thereof either in or towards restoring the buildings or in or towards paying the unpaid instalments (a due rebate of interest being made in the case of instalments not then due).

    • (f) Every such instalment as it becomes due and every sum paid by the Commissioner in respect of cost of insurance shall be payable by and may be recovered from the lessee in the same manner as rent.

  • 5 The lessee will pay all rates taxes and assessments levied on or payable in respect of his occupation of the said land during the said term.

  • 6 The lessee will hold and use the said land bona fide for his own benefit and will not transfer assign sublet mortgage charge or part with possession thereof or any part thereof without the previous written permission of the Board.

  • 7 The lessee will at all times during the said term maintain and keep in good repair and condition to the satisfaction of the Commissioner all the improvements specified in the Schedule of this form and all buildings fences and improvements of whatsoever kind or nature now or hereafter to be erected constructed or effected upon the said land.

  • 8 The lessee will whenever necessary or whenever called upon by the Commissioner to do so properly clean and clear from weeds and will at all times during the said term keep open all creeks drains ditches and watercourses now or hereafter upon the said land and the Commissioner shall have the power to enter upon at any time and make through the said land any drain that he deems necessary without payment of any compensation to the lessee.

  • 9 The lessee will clear and keep clear the said land of all blackberry gorse tall fescue and other noxious weeds and from rabbits or other noxious vermin and will not carry on or permit to be carried on upon the said land any noxious noisome or offensive trade or business.

  • 10 The lessee will throughout the said term farm and manage the said land diligently and in a husbandlike manner according to the rules of good husbandry and will not in any way commit waste.

  • 11 On the expiration by effluxion of time of the term hereby granted and thereafter at the expiration of each succeeding term to be granted to the lessee the lessee shall have a right to obtain a renewal lease of the said land hereby leased at a rent to be computed at the rate of 4 pounds 10 shillings per centum on the then value of the said land exclusive of all improvements for the same term but less 1 day as the lessor shall renew the head lease from the [specify] before referred to and such renewal lease granted to the lessee shall be subject to such of the covenants and conditions of this lease as are applicable to such renewal lease, and also such covenants and conditions as may be required under the terms of the renewal of the head lease:

    provided that this lease and the right of the lessee to such renewal lease shall be subject in all respects to the provisions for cancellation contained in subsection (3) of section 47 of the said Act.

  • 12 Not later than 6 calendar months previous to the expiration by effluxion of time of the term hereby granted or such succeeding term as aforesaid the Board shall cause a valuation to be made of the said land exclusive of all improvements and shall forthwith in writing notify the lessee of the amount of such valuation and the amount of the annual rental payable under a renewal lease for a further term as hereinbefore provided.

  • 13 Within 3 calendar months after the receipt of the notice referred to in the last preceding clause the lessee shall notify the Board in writing signed by him or by his agent duly authorised that—

    • (a) he accepts a renewal lease of the said land at the rental specified in the notice given by the Board; or

    • (b) he desires a renewal lease of the said land but requires the value of the said land exclusive of all improvements to be determined by the Land Valuation Tribunal; or

    • (c) that he does not desire a renewal lease of the said land.

  • 14 Any such notice may be given by the lessee within the time aforesaid although the term hereby granted has already expired by effluxion of time and although the said valuation has not been made or notice thereof has not been given to the lessee until after the expiration of the said term by effluxion of time unless before the giving of such notice by the lessee he has given up the possession of the said land or has been duly ejected therefrom in pursuance of the judgment or order of any court of competent jurisdiction or the lessor has re-entered upon the said lands as hereinafter provided.

  • 15 Any such notice by the lessee of his desire to have a renewal lease over the said land whether he accepts the valuation of the land exclusive of improvements as set out in the Board's notice or requires that valuation to be determined by the Land Valuation Tribunal shall be deemed to constitute a contract between the lessor and the lessee for the granting and acceptance of a renewal lease at the rental so fixed and for the same term and subject to the same covenants and conditions including the right of renewal as are herein contained.

  • 16 If the lessee fails within the time aforesaid to give any notice whether he desires a renewal lease or not or if he gives notice that he does not desire a renewal lease then within 2 months after the expiry of the time within which such notice may be given or within such further or other time as may be agreed on between the Commissioner and the lessee the Board shall cause a valuation to be made of the improvements on the said land belonging to the lessee at the expiry of the said period of 2 months or other further period as aforesaid.

  • 17 Where the lessee has notified the Board that he does not desire a renewal lease, the valuation of the improvements referred to in the last preceding clause shall forthwith be notified in writing by the Board to the lessee and within 1 calendar month of the receipt of that notice the lessee shall notify the Board in writing that he agrees to the said valuation of the improvements or that he requires the value to be determined by the Land Valuation Tribunal. If the lessee does not notify the Board in writing as aforesaid he shall be deemed to have agreed to the said valuation.

  • 18 Where the lessee notifies the Board pursuant to clause 13 that he requires the value of the land exclusive of improvements or pursuant to clause 17 that he requires the value of the lessee's improvements to be determined by the Land Valuation Tribunal, the Board shall as soon as possible file in the nearest office of the Land Valuation Tribunal an application to have the value of the land exclusive of improvements or the value of the lessee's improvements, as the case may be, determined by that Tribunal, and the application shall be dealt with in accordance with the provisions of the Land Valuation Proceedings Act 1948.

  • 19 As soon as practicable after the ascertainment of the value of the lessee's improvements as aforesaid the Commissioner shall offer for general public application a renewal lease of the said land for the further period prescribed in clause 11 at the annual rental determined in accordance with clause 11 subject to payment by the incoming lessee of the value of the outgoing lessee's improvements ascertained in manner aforesaid. Such amount shall be paid to the Commissioner before the incoming lessee is admitted into possession and the Commissioner shall pay the same to the person entitled thereto less any moneys due in respect of the said land by the outgoing lessee and in case of re-entry by the lessor as hereinafter provided less also the amount of expenses incurred in recovering possession of the said land and in respect of the redisposal thereof.

20
  • (a) Notwithstanding anything in the last preceding clause the Board may from time to time reduce the valuation of the lessee's improvements if the said land cannot be re-leased by reason of the aforesaid valuation being deemed excessive and shall where any such reduction is made reoffer the said land for lease by application as provided in the last preceding clause.

 
  • (b) Neither the lessee nor any other person shall have any claim against the lessor or the Board or the local authority or any other body or person whatsoever or whomsoever by reason of any such reduction of valuation nor shall the lessor have any liability to pay to the lessee or any other person or body any moneys in respect of the lessee's improvements except as provided in the last preceding clause.

  • 21 If and so often as the lessee makes default for a period of 1 calendar month in the due and full payment of any rent hereby reserved or of any instalment in respect of improvements as aforesaid or of any sum in respect of the cost of insurance as aforesaid or of any other moneys payable under this lease or in the faithful observance of any other of the covenants or conditions herein contained or implied or by the lessee to be observed and performed then and in any such case it shall be lawful for the Commissioner forthwith or at any time or times thereafter to re-enter and take possession on behalf of the lessor of the said land and determine the estate and interest of the lessee therein and that without discharging the lessee from liability for rent or instalments or other moneys due or accruing due or for any previous breach of covenant. In the event of such re-entry or in the event of surrender of this lease the provisions of clauses 16, 19, and 20 respecting valuation of improvements and the disposal thereof shall apply to the improvements in which the lessee has interest.

  • 22 The lessor hereby reserves and excepts from the lease all minerals (within the meaning of the Land Act 1948) on or under the surface of the soil of the said land together with a free right of way over the said land in favour of the Commissioner or of any person authorised by him and of all persons lawfully engaged in the working, extraction, or removal of any such minerals on or under the surface of the said land, subject to the lessee being entitled to compensation (to be determined by agreement or in default of agreement by the Land Valuation Tribunal) for all damage done to improvements belonging to the lessee in the working, extraction, or removal of any such minerals:

    provided that the lessor or any such person shall not have such right of way over, or be entitled to work, extract, or remove any such minerals from land which is the site of or is situated within 100 yards of any building or which is for the time being under crop or used as or situated within 50 yards of a yard, garden, orchard, vineyard, nursery, or plantation:

    provided further that the lessee may with the prior consent in writing of the Commissioner given on such terms as he thinks fit use any such minerals for any agricultural, pastoral, household, roadmaking, or building purpose on the said land.

  • 23 Any notice required by these presents as aforesaid may be served upon the Board by being delivered at the office of the Commissioner and may be served upon the lessee by being given to him or left at his usual or last known place of abode or business or sent addressed to him at such place as aforesaid through the post or left or affixed to the said land or any building thereon: And any notice so served shall be deemed to be duly given to every mortgagee encumbrancee or other person claiming any interest in the premises.

[Such other covenants and conditions as may be agreed upon by the Board and the local authority]

And it is hereby expressly declared and agreed by and between the parties hereto that this lease is issued generally subject to section 47 of the Land Act 1948 and the regulations thereunder and the lessee for his part agrees to accept and to execute a new lease to him as provided in subsection (3) of the said section 47 subject however to the lessee's right of reference to the Land Valuation Tribunal of any dispute concerning the rental and conditions reserved and contained in such new lease.

In witness whereof the Commissioner of Crown Lands for the Land District of [specify] on behalf of the lessor hath hereunto set his hand and these presents have been also executed by or on behalf of the lessee.

The Schedule hereinbefore referred to

Improvements now existing on the demised land, and their value

Improvements:

Value: $[amount]

Instalments by which such value (with interest thereon) is payable and the due dates of such instalments

By [number] half-yearly instalments of $[amount] each, in respect of combined principal and interest, such instalments being payable on the first day of [month] and the first day of [month] in each year in the same manner as rent.

I, [name], do hereby accept this lease of the above-described lands to be held by me as lessee and subject to the covenants and conditions above set forth.

Date:

Signed by the Commissioner on behalf of the lessor in the presence of—[Signature]
  Commissioner of Crown Lands
Signed by the above named [name] as lessee in the presence of—[Signature]
  Lessee
  • Schedule 1 form 8: amended, on 1 July 1996, pursuant to section 4(b) of the Survey Amendment Act 1996 (1996 No 55).

  • Schedule 1 form 8: amended, on 1 February 1990, by section 7(1) of the Survey Amendment Act (No 3) 1989 (1989 No 139).

  • Schedule 1 form 8: amended, on 23 December 1977, pursuant to section 6(7A) of the Land Valuation Proceedings Amendment Act 1977 (1977 No 15).

  • Schedule 1 form 8: amended, on 1 April 1969, pursuant to section 3(3) of the Land Valuation Proceedings Amendment Act 1968 (1968 No 42).

Form 9
Lease by local authority of land under section 47(2)(b) of the Land Act 1948 and the regulations thereunder

r 13

Whereas, [name of Local Authority] (hereinafter referred to as the lessor), is registered as the proprietor of an estate in fee simple, subject, however, to such encumbrances, liens, and interests as are notified by memoranda underwritten or endorsed hereon, in all that piece of land situated in the [specify] of [specify], containing [specify], be the same a little more or less, being [description of land]:

And whereas the land above described (hereinafter referred to as the said land) is land (or part of land) which is the subject of an agreement entered into pursuant to section 47 of the Land Act 1948 (hereinafter referred to as the said Act), between the Land Settlement Board established under section 12 of the said Act (hereinafter referred to as the Board), on the one part, and the lessor, on the other part, whereby the said land was made available for disposal in accordance with the said section 47 of the said Act:

And whereas the Board has carried out certain development works on the said land pursuant to the said agreement:

And whereas [name, address, and occupation] (who with [specify] executors, administrators, and permitted assigns is hereinafter referred to as the lessee) has applied to the Board for a lease of the said land under the said Act and the regulations thereunder:

And whereas there are now situate on the said land the improvements specified in the Schedule of this form the value whereof has been duly ascertained to be the sum therein mentioned:

And whereas pursuant to the said Act and the regulations thereunder the said sum together with interest thereon at the rate of $[amount] per centum per annum computed from the first day of [month, year] is payable by the lessee by the respective instalments and on the respective dates mentioned in the Schedule of this form:

And whereas the rental value of the said land apart from the said improvements is $[amount]:

Now therefore the lessor at the request and with the consent of the Board doth hereby lease to the lessee all the said land to be held by him the said lessee as tenant for the space of [number] years to expire at midnight on [date]:

Yielding and paying therefor during the said term unto the lessor free from all deductions whatsoever the clear annual rent of $[amount] computed from the first day of [month, year] and payable in manner following that is to say:

  • (a) by a payment of $[amount] before the execution of these presents such payment (which has been duly made) being in respect of rent in advance for the first half year computed as aforesaid together with rent for the period elapsing between the date of this lease and the commencement of the said first half year; and also

  • (b) by the payment thereafter of $[amount] half-yearly in advance on 1 January and 1 July in each and every year during the said term the first of such payments to become due and to be made on the first day of [month, year].

And also paying in respect of the said improvements specified in the Schedule unto Land Information New Zealand (hereinafter referred to as the Department) at the Principal Land Office for the Land District of [specify] the respective instalments specified in the Schedule at the dates therein respectively mentioned in that behalf.

Subject to the following covenants and conditions:

  • 1 So long as any moneys are owing to the Department in respect of the improvements specified in the Schedule of this form, the lessee will reside continuously on the said land unless exempted by the Board from so doing. Any exemption granted by the Board may be subject to such terms and conditions as the Board thinks fit.

  • 2 The lessee will put on the said land improvements (within the meaning of the said Act) as follows: [set out improvements to be effected].

  • 3 The lessee will fully and punctually pay the rent hereby reserved at the times and in the manner hereinbefore named in that behalf.

  • 4 With reference to the improvements which have been valued separately as aforesaid and the instalments in respect thereof as specified in the Schedule of this form the following special provisions shall apply:

    • (a) The lessee shall fully and punctually pay the said instalments at the times and in the manner specified in the Schedule of this form:

      provided that he may at any time pay the whole or any less number of the then further instalments under a duly proportionate rebate of interest.

    • (b) So long as any such instalment remains unpaid the lessee shall at his own cost in all things insure any buildings included in the said improvements and keep them insured in the name of the Commissioner of Crown Lands for the Land District of [specify] (hereinafter referred to as the Commissioner) in an amount equal to the full insurable value thereof in the State Fire Office or some other reputable insurance office to be first approved by the Commissioner.

    • (c) The lessee shall deposit with the Commissioner the policy of such insurance forthwith upon effecting the same and shall also duly pay all premiums in respect thereof and deposit with him each premium receipt not later than the forenoon of the day on which such premium becomes payable.

    • (d) If the lessee at any time fails or neglects duly to effect or keep on foot such insurance or duly to pay any such premium or deposit such policy or receipt it shall be lawful for but not obligatory on the Commissioner at the cost in all things of the lessee to effect such insurance in such sum as aforesaid or in any other sum or to pay such premium as he thinks fit.

    • (e) In the event of the buildings so insured or any of them being destroyed or damaged by fire all moneys payable to the Commissioner under the insurance shall be recoverable by the Commissioner who after deducting the expense (if any) incurred in recovering the same shall as the Board may determine, apply the residue thereof or a sufficient part thereof either in or towards restoring the buildings or in or towards the unpaid instalments (a due rebate of interest being made in the case of instalments not then due).

    • (f) Every such instalment as it becomes due and every sum paid by the Commissioner in respect of cost of insurance shall be payable by and may be recovered from the lessee in the same manner as rent.

  • 5 The lessee will pay all rates taxes and assessments levied on or payable in respect of his occupation of the said land during the said term.

  • 6 The lessee will hold and use the said land bona fide for his own benefit and will not transfer assign sublet mortgage charge or part with possession thereof or any part thereof without the previous written permission of the lessor and, so long as any moneys are owing to the Department in respect of the improvements specified in the Schedule of this form, without also the previous written permission of the Board.

  • 7 The lessee will at all times during the said term so long as any moneys are owing to the Department in respect of the improvements specified in the Schedule of this form maintain and keep in good repair and condition to the satisfaction of the Commissioner all those improvements and will at all times during the said term maintain and keep in good repair and condition to the satisfaction of the lessor all other buildings fences and improvements of whatsoever kind or nature now or hereafter to be erected constructed or effected upon the said land.

  • 8 The lessee will whenever necessary or whenever called upon by the lessor to do so properly clean and keep clear from weeds and will at all times during the said term keep open all creeks drains ditches and watercourses now or hereafter upon the said land and the lessor shall have the power to enter upon at any time and make through the said land any drain that he deems necessary without payment of any compensation to the lessee.

  • 9 The lessee will clear and keep clear the said land of all blackberry gorse tall fescue and other noxious weeds and from rabbits or other noxious vermin and will not carry on or permit to be carried on upon the land any noxious noisome or offensive trade or business.

  • 10 The lessee will throughout the said term farm and manage the said land diligently and in a husbandlike manner according to the rules of good husbandry and will not in any manner commit waste.

  • 11 On the expiration by effluxion of time of the term hereby granted and hereafter at the expiration of each succeeding term to be granted to the lessee, the lessee shall have a right to obtain in accordance with the provisions hereinafter contained a renewal lease of the said land at a rent to be computed at the rate of 4 pounds 10 shillings of the then value of the said land exclusive of all improvements.

  • 12 Not later than 6 calendar months before the expiration by effluxion of time of the term hereby granted or such succeeding term as aforesaid the lessor shall cause a valuation to be made of the said land exclusive of all improvements and shall forthwith notify the lessee in writing of the amount of that valuation and of the annual rent payable under a renewal lease for a further term as hereinafter provided.

  • 13 Within 3 calendar months after the receipt of the notice referred to in the last preceding clause the lessee shall notify the lessor in writing signed by him or by his agent duly authorised that—

    • (a) he accepts a renewal lease of the said land at the rental specified in the notice given by the lessor; or

    • (b) he desires a renewal lease of the said land but requires the value of the said land exclusive of all improvements to be determined by the Land Valuation Tribunal; or

    • (c) that he does not desire a renewal lease of the said land.

  • 14 Any such notice may be given by the lessee within the time aforesaid although the term hereby granted has already expired by effluxion of time and although the said valuation has not been made or notice thereof has not been given to the lessee until after the expiration of the said term by effluxion of time, unless before the giving of such notice by the lessee he has given up the possession of the said land or has been duly ejected therefrom in pursuance of the judgment or order of any court of competent jurisdiction or the lessor has re-entered upon the said land or the Commissioner has entered and taken possession of the said land on behalf of the Board as hereinafter provided.

  • 15 Any such notice by the lessee of his desire to have a renewal lease over the said land whether he accepts the valuation of the land exclusive of improvements as set out in the lessor's notice or requires that valuation to be determined by the Land Valuation Tribunal shall be deemed to constitute a contract between the lessor and the lessee for the granting and acceptance of a renewal lease at the rental so fixed and for the same term and subject to the same covenants and conditions including the right of renewal as are herein contained.

  • 16 If the lessee fails within the time aforesaid to give any notice whether he desires a renewal lease or not or if he gives notice that he does not desire a renewal lease then within 2 months after the expiry of the time within which such notice may be given or within such further or other time as may be agreed on between the lessor and the lessee the lessor shall cause a valuation to be made of the improvements on the said land belonging to the lessee at the expiry of the said period of 2 months or other further period as aforesaid.

  • 17 Where the lessee has notified the lessor that he does not desire a renewal lease, the valuation of the improvements referred to in the last preceding clause shall forthwith be notified in writing by the lessor to the lessee and within 1 calendar month of the receipt of that notice the lessee shall notify the lessor in writing that he agrees to the said valuation of the improvements or that he requires the value to be determined by the Land Valuation Tribunal. If the lessee does not notify the lessor in writing as aforesaid he shall be deemed to have agreed to the said valuation.

  • 18 Where the lessee notifies the lessor pursuant to clause 13 that he requires the value of the land exclusive of improvements or pursuant to clause 17 that he requires the value of the improvements to be determined by the Land Valuation Tribunal, the lessor shall as soon as possible file in the nearest office of the Land Valuation Tribunal an application to have the value of the land exclusive of improvements or the value of the improvements, as the case may be, determined by that Tribunal, and the application shall be dealt with in accordance with the provisions of the Land Valuation Proceedings Act 1948.

  • 19 As soon as practicable after the value of the improvements has been determined as hereinbefore provided the lessor shall offer for general public application a renewal lease of the said land for the further period prescribed in clause 15 at the annual rental determined in accordance with clause 12 subject to payment to the lessor by the incoming lessee of the value of the improvements as hereinbefore determined. Such amount shall be paid to the lessor before the incoming lessee is admitted into possession of the said land and the lessor shall pay the same to the outgoing lessee or other person entitled to receive payment less any moneys due in respect of the said land by the outgoing lessee and in case of re-entry by the lessor as hereinafter provided less also the amount of expenses incurred in recovering possession of the said land and in respect of the redisposal thereof.

20
  • (a) Notwithstanding anything in the last preceding clause the lessor may from time to time reduce the valuation of the lessee's improvements if the said land cannot be re-leased by reason of the aforesaid valuation being deemed excessive and shall where any such reduction is made reoffer the said land for lease by application as provided in clause 19.

 
  • (b) Neither the lessee nor any other person shall have any claim against the lessor or any other body or person whomsoever by reason of any such reduction of valuation nor shall the lessor have any liability to pay to the lessee or any other person or body any moneys in respect of the lessee's improvements except as provided in clause 19.

  • 21 If and so often as the lessee makes default for a period of 1 calendar month in the due and full payment of any rent hereby reserved or in the faithful observance of any other of the covenants or conditions herein contained or implied or by the lessee to be observed and performed then and in any such case it shall be lawful for the lessor forthwith or at any time or times thereafter to re-enter and take possession of the said land and determine the estate and interest of the lessee therein and that without discharging the lessee from liability for rent or instalments or other moneys due or accruing due for any previous breach of covenant. In the event of such re-entry or in the event of surrender of this lease the provisions of clauses 16, 19, and 20 respecting valuation of improvements and the disposal thereof shall apply to the improvements in which the lessee has interest.

  • 22 If and so often as the lessee makes default for a period of 1 calendar month in the due and full payment of any instalment in respect of improvements as aforesaid or of any sum in respect of the cost of insurance as aforesaid or in the faithful observance of any other covenant or condition herein contained or implied or by the lessee to be observed or performed then and in every such case it shall be lawful for the Commissioner forthwith or at any time or times thereafter to enter and take possession of the said land on behalf of the Board and to transfer the lease to any person on such terms and conditions as the Board thinks fit and that without discharging the lessee from liability for instalments or other moneys due or accruing due or for any previous breach of covenant: And the lessee hereby irrevocably appoints the Commissioner to be his attorney so long as any moneys are owing to the Department in respect of the improvements specified in the Schedule of this form to execute in the name of the lessee any transfer or other document required to give full effect to the foregoing provisions of this clause.

23
  • (a) The lessor hereby excepts and reserves from the lease unto the lessor its successors and assigns all mines metals and minerals whatsoever and all quarries of stone gravel sand soil and clay with full liberty and power for the lessor its successors and assigns and licensees and its and their workmen servants and agents at its and their free will and pleasure to search for dig work and carry away the same and for the better working of the same mines and quarries to erect furnaces engines smelting houses and other requisite buildings and to make lay down and continue any railway and to make drains sluices and cuts and to do every other act necessary or expedient for raising and carrying away all such metals minerals stone gravel sand soil and clay doing as little injury as may be to the soil of the said premises and making in the absolute discretion of the lessor either reasonable compensation for the disturbance of the surface soil or abatement of the rent to an amount bearing the same proportion to the total rent hereby reserved as the rental value of the area of the land disturbed bears to the rental value of the whole area of land hereby demised.

 
  • (b) The amount of compensation or abatement of rent to which the lessee is entitled under this clause shall in default of agreement be determined by the Land Valuation Tribunal.

  • 24 Any notice required by these presents as aforesaid may be served upon the lessor by being delivered at the office of the lessor and may be served upon the Board by being delivered at the office of the Commissioner and may be served upon the lessee by being given to him or left at his usual or last known place of abode or business or sent addressed to him at such place as aforesaid through the post or left or affixed to the said land or any building thereon: And any notice so served shall be deemed to be duly given to every mortgagee encumbrancee or other person claiming any interest in the premises.

[Such other covenants and conditions as may be agreed upon by the Board and the Local Authority]

And it is hereby expressly declared and agreed by and between the parties hereto that this lease is issued generally subject to section 47 of the Land Act 1948 and the regulations thereunder.

In witness whereof the Commissioner of Crown Lands for the Land District of [specify] on behalf of the Board has hereunto set his hand and these presents have been also executed by or on behalf of the lessor and the lessee.

The Schedule hereinbefore referred to

Improvements now existing on the demised land, and their capital value

Improvements:

Value: $[amount]

Instalments by which such value (with interest thereon) is payable and the due dates of such instalments

By [number] half-yearly instalments of $[amount] each, in respect of combined principal and interest, such instalments being payable on the first day of [month] and the first day of [month] in each year in the same manner as rent.

I, [name], do hereby accept this lease of the above-described lands to be held by me as lessee and subject to the covenants and conditions above set forth.

Date:

Signed by [local authority] as lessor in the presence of—[Signed by Chairman, Secretary, or as the case may require]
 
Signed by the Commissioner on behalf of the Board in the presence of—[Signature] 
  Commissioner of Crown Lands
Signed by the above named [name] as lessee in the presence of—[Signature] 
  Lessee
  • Schedule 1 form 9: amended, on 1 July 1996, pursuant to section 4(b) of the Survey Amendment Act 1996 (1996 No 55).

  • Schedule 1 form 9: amended, on 1 February 1990, by section 7(1) of the Survey Amendment Act (No 3) 1989 (1989 No 139).

  • Schedule 1 form 9: amended, on 23 December 1977, pursuant to section 6(7A) of the Land Valuation Proceedings Amendment Act 1977 (1977 No 15).

  • Schedule 1 form 9: amended, on 1 April 1969, pursuant to section 3(3) of the Land Valuation Proceedings Amendment Act 1968 (1968 No 42).

Schedule 2
Tables of payments for deferred payment licences

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[Revoked]

  • Schedule 2: revoked, on 1 January 1969, by section 5(3)(a) of the Land Amendment Act 1968 (1968 No 50).

T J Sherrard,
Clerk of the Executive Council.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 31 March 1949.


Reprints notes
1 General
  • This is a reprint of the Land Act Regulations 1949 that incorporates all the amendments to that regulation as at the date of the last amendment to it.

2 Legal status
  • Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, will have the status of an official version once issued by the Chief Parliamentary Counsel under section 17(1) of that Act.

3 Editorial and format changes
4 Amendments incorporated in this reprint
  • Marriage (Definition of Marriage) Amendment Act 2013 (2013 No 20): section 9

    Criminal Procedure Act 2011 (2011 No 81): section 413

    Relationships (Statutory References) Act 2005 (2005 No 3): section 12

    Land Act Amendment Regulations 1999 (SR 1999/395)

    Survey Amendment Act 1996 (1996 No 55): section 4(b)

    Land Act Regulations 1949, Amendment No 10 (SR 1995/119)

    Survey Amendment Act (No 3) 1989 (1989 No 139): section 7(1)

    Conservation Act 1987 (1987 No 65): section 65(3)

    Titi (Muttonbird) Islands Regulations 1978 (SR 1978/59): regulation 12(a)

    Land Valuation Proceedings Amendment Act 1977 (1977 No 15): section 6(7A)

    Land Act Regulations 1949, Amendment No 6 (SR 1974/283)

    Land Amendment Act 1968 (1968 No 50): section 5(3)(a)

    Land Valuation Proceedings Amendment Act 1968 (1968 No 42): section 3(3)

    Land Transfer Act 1952 (1952 No 52): section 245(1)

    Land Act Regulations 1949, Amendment No 1 (SR 1952/181)