New Zealand Legislation: Regulations

Form 1
Variation of forest sink covenant

Land registration district:

Grantor: [name of owner of land that is subject to forest sink covenant]

Grantee: Her Majesty the Queen in right of New Zealand acting by and through the Minister of Forestry

The terms and conditions contained in the forest sink covenant set out in Schedule A are varied as set out in Schedule B.

Dated:

Signature (common seal) of grantor:

Signed in my presence by the grantor

Signature of witness:

Witness name:*

Witness occupation:*

Witness address:*

Signature of grantee:

Signed in my presence by the grantee

Signature of witness:

Witness name:*

Witness occupation:*

Witness address:*

Forest sink covenant: [specify computer register or document number]

Land affected by forest sink covenant: [specify computer register for land or description of land if land is not in a computer register]

The terms and conditions of the forest sink covenant identified in Schedule A are varied as follows:

Consentor: [full name of consentor]

Consentor’s capacity and interest: [set out capacity and interest of consentor, eg, mortgagee under mortgage]

For the purposes of section 67ZA of the Forests Act 1949, I, the consentor, as the holder of a registered interest in the land pursuant to the capacity and interest set out above, consent to the grantor entering into this variation of the forest sink covenant.

Dated:

Signature (common seal) of consentor:

Signed in my presence by the consentor

Signature of witness:

Witness name:*

Witness occupation:*

Witness address:*

Form 2
Cancellation of forest sink covenant

Land registration district:

Grantor: [name of owner of land that is subject to forest sink covenant]

Grantee: Her Majesty the Queen in right of New Zealand acting by and through the Minister of Forestry

The grantee, being the registered grantee of the forest sink covenant set out in Schedule A, cancels that forest sink covenant and the grantor accepts the cancellation.

Dated:

Signature (common seal) of grantor:

Signed in my presence by the grantor

Signature of witness:

Witness name:*

Witness occupation:*

Witness address:*

Signature of grantee:

Signed in my presence by the grantee

Signature of witness:

Witness name:*

Witness occupation:*

Witness address:*

Forest sink covenant: [specify computer register or document number]

Land affected by forest sink covenant: [specify computer register for land or description of land if land is not in a computer register]

Consentor: [full name of consentor]

Consentor’s capacity and interest: [set out capacity and interest of consentor, eg, mortgagee under mortgage]

For the purposes of section 67ZA of the Forests Act 1949, I, the consentor, as the holder of a registered interest in the land pursuant to the capacity and interest set out above, consent to the grantor entering into this cancellation of the forest sink covenant.

Dated:

Signature (common seal) of consentor:

Signed in my presence by the consentor

Signature of witness:

Witness name:*

Witness occupation:*

Witness address:*

Form 3
Termination of forest sink covenant

Land registration district:

Grantor: [name of owner of land that is subject to forest sink covenant]

Grantee: Her Majesty the Queen in right of New Zealand acting by and through the Minister of Forestry

*The grantee, being the registered grantee of the forest sink covenant set out in Schedule A over the land set out in Schedule B, hereby terminates that forest sink covenant on the grounds that [authority for right to terminate].

or

*The grantor, being the owner of the land (set out in Schedule B) to which the forest sink covenant (set out in Schedule A) applies, terminates that forest sink covenant on the grounds that [authority for right to terminate].

Dated:

Signature (common seal) of grantor/signature of grantee*:

Signed in my presence by the grantor/grantee*

Signature of witness:

Witness name:†

Witness occupation:†

Witness address:†

Forest sink covenant: [specify computer register or document number]

Land affected by forest sink covenant: [specify computer register for land or description of land if land is not in a computer register]

Form 4
Registration of forest sink covenant

Land registration district:

Grantor: [name of landowner]

Grantee: Her Majesty the Queen in right of New Zealand acting by and through the Minister of Forestry

The grantor, being the registered proprietor of the land set out in Schedule A, enters into a forest sink covenant with the grantee pursuant to section 67Y of the Forests Act 1949 over the land, subject to the terms and conditions set out in Schedule B.

*The grantor and grantee request under section 67ZD of the Forests Act 1949 that the Registrar-General of Land create a computer register for this covenant. A surveyor’s certificate is attached confirming that the covenant area is within the boundaries of the land set out in Schedule A.

This covenant has been entered into pursuant to an agreement dated [date].

Dated:

Signature (common seal) of grantor:

Signed in my presence by the grantor

Signature of witness:

Witness name:*

Witness occupation:*

Witness address:*

Signature of grantee:

Signed in my presence by the grantee

Signature of witness:

Witness name:*

Witness occupation:*

Witness address:*

Description of the land of the grantor: [specify by reference to any computer register(s) or, if none, by reference to the parcel (lot and plan, etc)]

The attached diagram/aerial photo* shows the area of the land to which the forest sink covenant applies in relation to the title/parcel* boundaries.

The applicable terms and conditions are as follows:

Consentor: [full name of consentor]

Consentor’s capacity and interest: [set out capacity and interest of consentor, eg, mortgagee under mortgage]

For the purposes of section 67ZA of the Forests Act 1949, I, the consentor, as the holder of a registered interest in the land pursuant to the capacity and interest set out above, consent to the grantor entering into this forest sink covenant.

Dated:

Signature (common seal) of consentor:

Signed in my presence by the consentor

Signature of witness:

Witness name:*

Witness occupation:*

Witness address:*

Form 5
Redefinition of forest sink covenant area

To the Registrar-General of Land:

Land registration district:

Grantor: [name of landowner]

Grantee: Her Majesty the Queen in right of New Zealand acting by and through the Minister of Forestry

Please take notice that the land identified by diagram or aerial photograph in the forest sink covenant set out in Schedule A has been redefined by the deposited plan set out in Schedule B with the agreement of the Minister of Forestry.

The grantor requests the Registrar-General of Land to update the relevant computer register with a memorial that indicates that the description of the land in the diagram or aerial photograph has been superseded by the description on the deposited plan set out in Schedule B.

Dated:

Signature (common seal) of grantor:

Signed in my presence by the grantor

Signature of witness:

Witness name:*

Witness occupation:*

Witness address:*

Signature of grantee:

Signed in my presence by the grantee

Signature of witness:

Witness name:*

Witness occupation:*

Witness address:*

Forest sink covenant: [specify computer register or document number for covenant]

Land affected by forest sink covenant: [computer register for land or description of land if land is not in a computer register]

Consentor: [full name of consentor]

Consentor’s capacity and interest: [set out capacity and interest of consentor, eg, mortgagee under mortgage]

For the purposes of section 67ZA of the Forests Act 1949, I, the consentor, as the holder of a registered interest in the land pursuant to the capacity and interest set out above, consent to the grantor entering into this redefinition of the forest sink covenant.

Dated:

Signature (common seal) of consentor:

Signed in my presence by the consentor

Signature of witness:

Witness name:*

Witness occupation:*

Witness address:*