Conservation Act 1987

If you need more information about this Act, please contact the administering agency: Department of Conservation
  • This version was republished on 7 July 2022 to correct a typographical error in section 26S(3).
26 Disposal of stewardship areas

(1)

Subject to subsections (2) and (3), the Minister may dispose of any stewardship area that is not foreshore or any interest in any stewardship area that is not foreshore.

(2)

The Minister shall not dispose of any land or any interest in any land adjacent to—

(a)

any conservation area that is not a stewardship area; or

(b)

land administered by the Department under some enactment other than this Act,—

unless satisfied that its retention and continued management as a stewardship area would not materially enhance the conservation or recreational values of the adjacent conservation area or land or, in the case of any marginal strip, of the adjacent water, or public access to it.

(3)

The Minister shall not dispose of any land or any interest in land without first giving notice of intention to do so; and section 49 shall apply accordingly.

(4)

Upon being disposed of under this section, the land or interest in land shall cease to be held for conservation purposes.

(5)

As soon as is practicable after disposing of any land or interest in land, the Minister shall publish in the Gazette a notice—

(a)

describing the area concerned; and

(b)

specifying the interest and the revenue (or, where the interest was disposed of by way of exchange or part exchange, the consideration) received for it.

(6)

Any disposal under this section may be effected by transfer under the Land Transfer Act 2017.

(7)

The Registrar-General of Land shall accept any such transfer as conclusive evidence that the land or interest concerned is no longer required for conservation purposes.

(8)

Nothing in this section shall affect any application for or grant of any concession under Part 3B over a stewardship area or an interest in a stewardship area.

Section 26(1): amended, on 10 April 1990, by section 16(1)(a) of the Conservation Law Reform Act 1990 (1990 No 31).

Section 26(2): amended, on 10 April 1990, by section 16(1)(b) of the Conservation Law Reform Act 1990 (1990 No 31).

Section 26(3): amended, on 10 April 1990, by section 16(1)(c) of the Conservation Law Reform Act 1990 (1990 No 31).

Section 26(4): amended, on 10 April 1990, by section 16(1)(d) of the Conservation Law Reform Act 1990 (1990 No 31).

Section 26(5): amended, on 10 April 1990, by section 16(1)(e) of the Conservation Law Reform Act 1990 (1990 No 31).

Section 26(6): added, on 10 April 1990, by section 16(2) of the Conservation Law Reform Act 1990 (1990 No 31).

Section 26(6): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).

Section 26(7): added, on 10 April 1990, by section 16(2) of the Conservation Law Reform Act 1990 (1990 No 31).

Section 26(7): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).

Section 26(8): added, on 1 July 1996, by section 14 of the Conservation Amendment Act 1996 (1996 No 1).