A pastoral lease gives the holder—

The term of a pastoral lease expires on the expiration of 33 years from 1 January or 1 July (whichever is the sooner) next following its commencement.

The repeal of section 66 of the Land Act 1948 by this Act does not affect—

An exemption from a stock limitation—

Subsection (2) is for the avoidance of doubt.

Subsections (1) to (3) do not limit or affect the validity or effect of any condition subject to which a stock limitation, or an exemption from a stock limitation, may have been granted.

If by the time a pastoral lease expired,—

the Commissioner may grant a renewal of it to the same extent, and in the same manner, as if it had not expired; but the renewal takes effect from its expiry.

If—

the Commissioner may under the Land Act 1948, with the consent of the State enterprise concerned, grant a renewable lease to the holder (or the holder’s successor) to the same extent, and in the same manner, as if the land had not been vested and section 126A were still in force.

If a renewable lease is granted under subsection (1),—

The granting of a renewable lease under subsection (1) is a disposition for the purposes of section 24 of the Conservation Act 1987.

An occupation licence gives the holder the exclusive right of pasturage over the land; but—

The full term of an occupation licence granted under section 66AA of the Land Act 1948 commences on its commencement; and is the sum of—

The full term of an occupation licence granted under section 14 of this Act commences on the expiry of the preceding licence of the land; and is the term specified in it.

Unless earlier forfeited or surrendered, an occupation licence expires on the expiration of its full term.

The Commissioner must consult the holder of each occupation licence granted under section 66AA of the Land Act 1948 as to whether the holder should be offered a further licence.

If the licence is not due to expire within 18 months of the commencement of this Act, the Commissioner must consult the holder not later than 15 months before the licence is due to expire.

If the licence is due to expire within 18 months of the commencement of this Act, the Commissioner must consult the holder as soon as is practicable after the commencement of this Act.

As soon as is practicable after consulting the holder, the Commissioner must decide whether the Commissioner is satisfied that the land should continue to be held under occupation licence for any period after the expiry of the existing licence.

If satisfied that the land should continue to be held under licence for any period (not exceeding 5 years) after the expiry of the existing licence, the Commissioner must offer the holder a further occupation licence of the land—

If not so satisfied, the Commissioner must not offer (or grant) any further occupation licence of the land to any person.

The offer must specify a day before which the holder must accept it; and if the holder accepts it before that day, the Commissioner must grant the licence offered.

A lessee or licensee of pastoral land must not burn any vegetation on the land (whether felled or not), or cause or permit any such vegetation to be burned,—

Notwithstanding subsection (1), the Commissioner may for the purposes of this section enter into any agreement under section 14(2) of the Forest and Rural Fires Act 1977.

In this section, vegetation does not include timber.

Except as provided in subsection (2), a lessee or licensee of pastoral land must not—

A lessee or licensee of pastoral land may do any thing affecting, involving, or causing disturbance to, the soil if—

Except to the extent that it expresses a contrary intention,—

Unless the Commissioner determines otherwise, every consent under subsection (2) to crop, cultivate, or plough any land is deemed to be given subject to the condition that the lessee or licensee concerned must, on the termination of the lease or licence concerned, leave all land that has been cropped, cultivated, or ploughed, properly laid down in good permanent pasture to the Commissioner’s satisfaction.

For the purposes of subsection (1) (but not subsection (3)),—

Subsection (1) does not forbid or prevent the doing of any thing authorised—

Nothing in this section limits or affects the application or effect of section 100 of the Land Act 1948.

Before a person has obtained permission to do a thing that is contrary to any enactment unless permission has been obtained under that enactment, the Commissioner may for the purposes of this Act give the person consent to do the thing under section 15 or section 16; but the consent does not authorise the person to do the thing without the required permission.

In subsection (1), permission includes agreement, authority, consent, licence, permit, and right.

Before taking any action described in subsection (3), the Commissioner must consult the Director-General of Conservation.

In taking any action described in subsection (3), the Commissioner must take into account—

The actions are—

The Commissioner may apply to the District Court for the examination of anything the Commissioner alleges to be a breach of a reviewable instrument committed after the commencement of this Act.

If satisfied on application under subsection (1) that the holder of a reviewable instrument has after the commencement of this Act committed a breach, the District Court may—

The District Court must not make an order under subsection (2)(c) unless satisfied that every person with an interest in the land concerned at the time the application under subsection (1) was made—

Sections 244 to 257 of the Property Law Act 2007 are not available in respect of a forfeiture under subsection (2)(c) of this section.

Section 105 of the Land Act 1948 does not apply to a breach of a reviewable instrument committed after the commencement of this Act.

In this section, breach, in relation to a reviewable instrument, means an action (or failure or refusal to act) by the holder that is—

Every dispute between the holders of adjacent pastoral land as to the boundary between them must be determined by the Commissioner or a person appointed by the Commissioner for the purpose.

For the purpose of securing more suitable boundaries of pastoral land held under lease or licence, the Commissioner may, as from a specified day, exclude part of it from the lease or licence and include it in some other lease or licence; and in that case the Commissioner may make any adjustments in rents payable that the Commissioner thinks just and equitable.

Any person travelling with cattle or sheep that are not affected with any contagious or infectious disease may depasture them for any period not exceeding 24 hours—

on any unfenced and uncultivated pastoral land (whether let on licence or not).

Except as provided in sections 4 to 22, nothing in this Part limits or affects the continued application of the Land Act 1948 to any reviewable instrument or any land.

The purpose of this Part is to establish a framework for specifying an efficient, predictable, and objective process to set rents for pastoral leases based on—

To help to achieve the purpose of this Part, the framework set out in this Part—

Despite anything in any other enactment or in any instrument, the annual rent for a pastoral lease that has a rent review date on or after the date on which this section comes into force must be calculated in accordance with the formula set out in subsection (2) and the formula set out in subsection (3), and the annual rent payable is the greater of the 2 amounts so calculated.

The following formula must be used to calculate the annual rent for any pastoral lease to which subsection (1) applies:

The following formula must also be used to calculate the annual rent for any pastoral lease to which subsection (1) applies:

The Commissioner must appoint a Crown assessor to make an initial assessment of the base carrying capacity of a pastoral lease that has a rent review date during the period—

However, subsection (1) does not apply if the base carrying capacity of the pastoral lease has been determined previously under this Part.

The Commissioner must appoint a Crown assessor to make an initial assessment of the current carrying capacity of a pastoral lease during the period—

The Commissioner must, as soon as practicable after appointing a Crown assessor under this section, provide that Crown assessor with, or refer that Crown assessor to, any information prescribed in any rules made under section 23O.

Despite anything in this section, the periods specified in subsections (1) and (3) may be varied by written agreement between the Commissioner and the lessee.

A Crown assessor must, in accordance with the terms of the Crown assessor’s appointment under section 23C, inspect the land and formulate an initial assessment of—

The Crown assessor must allow the lessee or a representative of the lessee to be present when the Crown assessor is inspecting the land for the purposes of subsection (1).

The Commissioner must, within 15 working days after the completion of the Crown assessor’s inspection of the land, give the lessee the Crown assessor’s initial assessment, which must—

The lessee must, within 15 working days after the date on which the notice is received by the lessee, respond to the Crown assessor’s initial assessment, in writing to the Commissioner, by—

If the lessee accepts, or fails to respond to, an initial assessment under section 23D(4), the Crown assessor’s initial assessment,—

If the lessee rejects the initial assessment of a Crown assessor, then, within 10 working days after the 15-working-day period specified in section 23D(4),—

The Commissioner—

Within 10 working days after the 10-working-day period specified in subsection (1), the lessee’s assessor, the Crown assessor, and the expert determiner must meet on the land for the purpose of reaching an agreement on the base carrying capacity or the current carrying capacity, or both, of the pastoral lease (as the case may be).

If, after 10 working days after the meeting referred to in subsection (3), the lessee’s assessor and the Crown assessor have not agreed on the base carrying capacity or the current carrying capacity, or both, of the pastoral lease (as the case may be) and communicated that agreement to the expert determiner, the expert determiner must, as soon as practicable,—

During the period starting at the beginning of the meeting referred to in section 23F(3) and ending at the commencement of the resolution hearing referred to in section 23H, the lessee’s assessor, the Crown assessor, and the expert determiner have the following duties:

If the expert determiner provides guidance or assistance after the conclusion of the meeting referred to in section 23F(3)—

The information required to be given by a Crown assessor under subsection (1)(c) or by a lessee’s assessor under subsection (1)(d) need not be in writing or, if in writing, need not be in any particular form.

Despite subsection (3), the information required to be given by a Crown assessor under subsection (1)(c) and by a lessee’s assessor under subsection (1)(d) must be provided in writing in accordance with any regulations or rules made under this Part by the date that is 5 working days after the meeting referred to in section 23F(3).

If an agreement is not reached between the lessee’s assessor and the Crown assessor under section 23G before the date fixed under section 23F(4)(a), the expert determiner must chair a resolution hearing with the lessee’s assessor and the Crown assessor on the date fixed under section 23F(4)(a) to—

A determination made under subsection (1)(b) must—

The expert determiner may establish any procedures for the resolution hearing, but the procedures must be consistent with any regulations or rules made under this Part.

The Arbitration Act 1996 does not apply to the resolution hearing, but the expert determiner may apply any provision of that Act to a resolution hearing in any procedures that the expert determiner may establish.

The expert determiner may make an award of costs that complies with subsection (6) and any regulations or rules made under this Part.

An award of costs must provide that—

Despite subsection (6), the expert determiner may require the lessee to pay a portion of the fees and expenses that the Commissioner would otherwise pay, or require the Commissioner to pay a portion of the fees and expenses that the lessee would otherwise pay, if the lessee’s assessor or a Crown assessor (as the case may be) has, unreasonably or without justification,—

If the lessee’s assessor and the Crown assessor agree on the base carrying capacity or current carrying capacity, or both, of the pastoral lease (as the case may be) at any time before a resolution hearing,—

If the lessee’s assessor and the Crown assessor agree on the base carrying capacity or current carrying capacity, or both, of the pastoral lease (as the case may be) during a resolution hearing, the expert determiner must record the agreed base carrying capacity or current carrying capacity, or both, of the pastoral lease (as the case may be).

If the expert determiner determines the base carrying capacity or current carrying capacity, or both, of the pastoral lease (as the case may be) at a resolution hearing, the expert determiner must record the agreed base carrying capacity or current carrying capacity, or both, of the pastoral lease (as the case may be).

If the expert determiner records a base carrying capacity or current carrying capacity, or both, of a pastoral lease (as the case may be),—

The expert determiner must notify the Commissioner and the lessee of the base carrying capacity or current carrying capacity of any pastoral lease that is agreed or determined under this Part.

If the Commissioner becomes aware of a base carrying capacity to which section 23E(a)(i) applies or receives a notice referred to in subsection (5) in relation to the base carrying capacity of a pastoral lease, the Commissioner must as soon as practicable advise the Registrar-General of Land of the base carrying capacity of the pastoral lease.

If the Registrar-General of Land receives advice under subsection (6), the Registrar-General of Land must, on any relevant computer register, note a memorial that specifies the base carrying capacity of the pastoral lease.

If the Commissioner or a lessee of a pastoral lease is dissatisfied with any determination by an expert determiner of base carrying capacity or current carrying capacity as being erroneous in point of law, the Commissioner or lessee may appeal to the High Court on that question of law.

An appeal under this section must be dealt with in accordance with the rules of court.

On any appeal, the High Court must hear and determine the question of law arising in the proceedings, and must do 1 or more of the following:

An expert determiner is not liable for any act done or omitted to be done by the expert determiner in good faith in—

The Valuer-General—

In carrying out the functions and duties and exercising the powers specified in subsection (1), the Valuer-General must—

The Valuer-General may, in accordance with section 41 of the State Sector Act 1988, delegate to employees of the department, in the same manner and to the same extent as if the Valuer-General were its chief executive,—

The Governor-General may, on the recommendation of the Minister, make regulations that—

For the purposes of this Part, the Valuer-General—

Rules made under subsection (1)—

Before making any rules under this section, the Valuer-General must—

A rule made under subsection (1) is a disallowable instrument, but not a legislative instrument, for the purposes of the Legislation Act 2012.

In the event of any conflict between any regulation made under section 23N and any rule made under subsection (1), the regulation prevails.

No individual may be appointed as a lessee’s assessor, a Crown assessor, or an expert determiner under this Part unless the person is eligible to be so appointed.

The Valuer-General must, in accordance with any regulations or rules made under this Part,—

The Valuer-General may direct that an individual designated under subsection (2) must, if appointed as an assessor, carry out assessments of—

No individual who is designated as eligible to be a lessee’s assessor or a Crown assessor may be designated as eligible to be appointed as an expert determiner.

In exercising a power under this section, the Valuer-General must have regard to the skills and experience necessary and desirable to perform the functions and duties and exercise the powers of a lessee’s assessor, a Crown assessor, or an expert determiner (as the case may be).

Before exercising the power to designate an individual as eligible to be appointed as an expert determiner, the Valuer-General must consult persons and organisations that the Valuer-General considers represent lessees of pastoral leases.

Any notice or other document required or authorised by this Part to be served on or given to any person must be in writing and is sufficiently served or given if it is—

If the person is absent from New Zealand, the notice or other document may be served on or given to the person’s agent in New Zealand.

If the person is deceased, the notice or other document may be served on or given to the person’s personal representatives.

If the person is not known, or is absent from New Zealand and has no known agent in New Zealand, or is deceased and has no personal representatives, the notice or other document must be served or given in such manner as may be directed by an order of the District Court.

If any such notice or other document is sent to any person by post, it is, unless the contrary is shown, deemed to have been delivered to the person on the seventh day after the day on which it was posted; and in proving the delivery it is sufficient to prove that the letter was properly addressed and posted.

Despite anything in subsections (1) to (5), the District Court may in any case make an order directing the manner in which any notice or other document is to be served or given, or dispensing with the service or giving of the notice or document.

This section does not apply to notices or other documents served or given in any proceedings in any court.

The objects of this Part are—

In acting under this Part, the Commissioner must (to the extent that those matters are applicable) take into account—

In acting under this Part in relation to any part of the land held under a reviewable instrument or reviewable instruments, the Commissioner must take the objects of this Part into account in the light of—

Before taking any action specified in subsection (3), the Commissioner must consult the Director-General of Conservation.

At any time, the Commissioner may consult any person or body the Commissioner thinks fit (including the Director-General of Conservation) about taking any action specified in subsection (3).

The actions are—

On the written invitation or with the written agreement of the holder or holders concerned, the Commissioner may undertake a review of all the land for the time being held under a reviewable lease, or under 2 or more reviewable leases of neighbouring land.

On the written invitation or with the written agreement of the licensee or licensees concerned, the Commissioner may include in the review of land held under a reviewable lease or reviewable leases all the land held under 1 or more occupation licences of neighbouring land.

The Commissioner may include in the review of land held under a reviewable lease or reviewable leases any neighbouring unused Crown land.

If the holder of a reviewable instrument has an estate in fee simple in any neighbouring land, the Commissioner may, with the prior written agreement of the holder, include the neighbouring land in a review of land that is or includes the land held under the instrument.

With the prior written agreement of the Minister of Conservation, the Commissioner may include in the review of land that is or includes the land held under a reviewable lease any neighbouring conservation area or reserve.

The Commissioner may, in the Commissioner’s absolute discretion, decide—

The Commissioner may discontinue a review at any time; and must discontinue a review if asked in writing by the holder, or one of the holders, concerned.

After completing a review under section 27, the Commissioner may put a preliminary proposal—

A preliminary proposal—

A preliminary proposal put to the holder of a reviewable instrument must (unless no payment is proposed) be accompanied by a notice specifying—

This section applies to—

A preliminary proposal may designate all or any part of any land to which this section applies as—

A preliminary proposal may designate all or any part of any Crown land to which this section applies as land to be disposed of by freehold disposal to a person specified in the proposal.

A preliminary proposal may designate all or any part of any land held in fee simple as land to be kept by its owner.

A preliminary proposal designating land to which section 35 applies as land to be restored to or retained in Crown control must so designate it subject to 1 or more of the following things:

If land to which section 35 applies will be marginal strip, a preliminary proposal may designate it as land to be restored to or retained in Crown control as conservation area, subject to the appointment as manager under section 24H(1) of the Conservation Act 1987 of a person specified in the proposal.

A preliminary proposal designating land to which section 35 applies may designate it subject to any or all of the following things:

Subsections (1) to (3) are cumulative.

A preliminary proposal may designate all or any part of any conservation area as—

If it is marginal strip, a preliminary proposal may designate all or any part of any conservation area as land to remain conservation area, subject to the appointment of a specified person as manager under section 24H(1) of the Conservation Act 1987.

A preliminary proposal may designate all or any part of any reserve as—

If (and only if) it is or is part of a recreation reserve that has no administering body, a preliminary proposal may designate all or any part of any reserve as land that is to remain a reserve subject to the granting to a specified person of a specified lease under section 73 of the Reserves Act 1977.

A preliminary proposal designating land as land to be restored to or retained in Crown control, subject to the granting of a concession, or over which a concession is to be granted, must include (in respect of each concession, if more than 1 is proposed)—

A preliminary proposal may designate land as—

subject (in addition to any other conditions) to the creation of 1 or more protective mechanisms, each relating to 1 or more of the matters specified in subsection (2).

The matters are—

A preliminary proposal may not designate land as land to be disposed of subject to the creation of a covenant under section 22 of the Queen Elizabeth the Second National Trust Act 1977 without the prior written consent of the Queen Elizabeth the Second National Trust.

A preliminary proposal may not designate land as land to be disposed of subject to the creation of a covenant under section 77 of the Reserves Act 1977 if—

A preliminary proposal may not designate land as land to be disposed of subject to the creation of a covenant under section 39 of the Heritage New Zealand Pouhere Taonga Act 2014 without the prior written consent of Heritage New Zealand Pouhere Taonga.

Without the prior written provisional consent of the Minister of Conservation, a preliminary proposal may not—

The Minister must not consent provisionally to a designation in a preliminary proposal unless satisfied that it is reasonably likely that the Minister would consent to a substantive proposal containing the designation.

A preliminary proposal relating to land held under 2 or more reviewable instruments may (so far as any holder is concerned) be unconditional, or conditional on its acceptance by some other holder or holders.

The Commissioner must give notice of every preliminary proposal put under section 34(1),—

The notice must not disclose any financial information.

The Commissioner must have the notice published—

The Commissioner must—

The Commissioner must—

If a preliminary proposal has been put to the holder of 1 or more reviewable instruments and notified under section 43, the Commissioner may in writing put to the holder a substantive proposal that is the same as or a modified version of the preliminary proposal.

If a preliminary proposal has been put to several holders of reviewable instruments and notified under section 43, the Commissioner may in writing put—

a substantive proposal that is (so far as it relates to that holder or those holders) the same as or a modified version of the preliminary proposal.

If the substantive proposal designates any land as land that may be disposed of to any person, it must specify the day on which the surrender of the reviewable instrument concerned is to take effect.

A substantive proposal put to the holder of a reviewable instrument must (unless no payment is proposed) be accompanied by a notice specifying—

and when an approved plan arising out of the proposal is registered, the notice has effect as a binding contract between the Crown and the holder, according to its tenor.

The Commissioner must not put a substantive proposal to any holder of a reviewable instrument without having considered—

Nothing in subsection (1) prevents the Commissioner from considering any late or oral submission.

Without the prior written consent of the Minister of Conservation, a substantive proposal must not—

The Minister of Conservation must refuse consent to a substantive proposal—

if the Minister considers that a lease, licence, or permit is more appropriate in that case.

If a substantive proposal designates any land held under a reviewable instrument as land to be restored to or retained in Crown control as conservation area or reserve, or designates any conservation area or reserve as land to remain conservation area or reserve, subject to the granting of a concession that is—

the Minister of Conservation must refuse consent to it unless the Commissioner has given the Minister sufficient information to satisfy the Minister, in terms of section 51, that it is both appropriate to grant the concession and lawful to grant it.

If satisfied that the granting of any concession concerned would not comply with or would be inconsistent with the provisions of the Reserves Act 1977, or (as the case may be) the Conservation Act 1987 or any relevant conservation management strategy or conservation management plan, the Minister of Conservation must refuse consent to a substantive proposal containing a concession designation.

The Minister of Conservation may not consent to a substantive proposal containing a concession designation without having regard to—

The Minister of Conservation may refuse consent to a substantive proposal containing a concession designation if the Minister considers that—

The Minister of Conservation must refuse consent to a substantive proposal containing a concession designation if any activity proposed to be carried on under the concessions concerned is contrary to the provisions of the Reserves Act 1977, or (as the case may be) the Conservation Act 1987 or the purposes for which the land concerned is to be held.

The Minister of Conservation must refuse consent to a substantive proposal containing a concession designation if any concession concerned is a concession to build a structure or facility, or extend or add to an existing structure or facility, if the Minister is satisfied that any of the activities proposed to be carried on under the concession—

The Minister of Conservation may consent to a substantive proposal containing a concession designation providing for the granting of a concession that is a lease or licence (other than a grant of profit à prendre) only if—

The Minister of Conservation must refuse consent to a substantive proposal containing a concession designation providing for the granting of a concession that is a lease, unless satisfied that exclusive possession of the land concerned is necessary for—

For the purposes of subsection (7), the competent operation of an activity includes the necessity for the activity to achieve adequate investment and maintenance.

The Minister of Conservation may refuse consent to a substantive proposal containing a concession designation relating to land that is or is to become marginal strip in any case if satisfied that it is more appropriate in that case to enter into an agreement or arrangement under section 24H of the Conservation Act 1987.

The Minister of Conservation must refuse consent to a substantive proposal containing a concession designation relating to land that is or is to become marginal strip if the concession would authorise the owner of adjoining land to use the marginal strip for farming purposes or forestry purposes or any purpose associated with or incidental to any farming or forestry carried out on the adjoining land is to be granted; but nothing in the preceding provisions of this subsection limits or affects section 24H of the Conservation Act 1987.

The Minister of Conservation must refuse consent to a substantive proposal containing a concession designation relating to land that is or is to become marginal strip if the concession is a lease (other than a lease that formalises an occupation of the land that existed before 10 April 1990), and the Minister is not satisfied that—

The Minister of Conservation must refuse consent to a substantive proposal containing a concession designation if not satisfied that the concession concerned will be granted subject to conditions appropriate for any proposed activity or facility, including (but not limited to) conditions relating to or providing for any of the matters referred to in section 17X (except for paragraph (c)) of the Conservation Act 1987.

The Minister of Conservation must refuse consent to a substantive proposal containing a concession designation if not satisfied that the concession concerned will be granted subject to—

The rent, fee, or royalty may be fixed at the market value, having regard to the matters referred to in section 17Y(2) of the Conservation Act 1987.

The Minister of Conservation must refuse consent to a substantive proposal containing a concession designation if the concession concerned is a lease or licence, and—

The Minister of Conservation must refuse consent to a substantive proposal containing a concession designation if the concession concerned is a permit, and—

The Minister of Conservation must refuse consent to a substantive proposal containing a concession designation if the concession concerned is an easement, and—

A substantive proposal must not designate any conservation area as land to be disposed of by way of exchange under the Conservation Act 1987 without the prior written consent of the Minister of Conservation; and the Minister must not give consent unless satisfied, after consultation with the local Conservation Board (established under section 6L of that Act), that the exchange will enhance the natural and historic resources of land managed by the Department of Conservation for conservation purposes and promote the purposes of that Act.

Without the prior written consent of the Minister of Conservation, a substantive proposal must not—

A substantive proposal must not designate any reserve as land to be disposed of by way of exchange under the Reserves Act 1977 without the prior written consent of the Minister; and if the reserve has an administering body (within the meaning of that Act), the Minister may not give consent except pursuant to a resolution of that body requesting the exchange.

A substantive proposal must not designate any reserve that is or is part of a recreation reserve as land to be granted by lease under section 73 of the Reserves Act 1977 without the prior written consent of the Minister of Conservation; and the Minister may not give consent except if it is not for the time being required for the purpose for which it was classified, or if the Minister considers it in the public interest, or if the Minister has decided under section 53(1)(a)(ii) of that Act that it is necessary or desirable to farm, graze, or afforest the reserve.

Without the prior written consent of the Minister of Conservation, a substantive proposal may not designate any land as land to be disposed of subject to the creation of—

Without the prior written consent of the New Zealand Walking Access Commission (established by section 6 of the Walking Access Act 2008), a substantive proposal may not designate any land as land to be disposed of subject to the creation of an easement under sections 26 to 29 of the Walking Access Act 2008.

The holder of a reviewable instrument may, by written notice to the Commissioner, accept or reject a substantive proposal put to the holder under section 46.

If the Commissioner does not receive an acceptance within 3 months of putting the substantive proposal to the holder, the holder is deemed to have rejected it.

If the substantive proposal—

its acceptance by that holder does not take effect unless it is also accepted by that other holder or those other holders.

If any person other than the holder of the instrument has an interest in the land, the substantive proposal’s acceptance by that holder does not take effect unless the notice contains the person’s written consent to the acceptance.

Subject to subsections (3) and (4), a holder’s acceptance of a substantive proposal put to the holder under section 46 is irrevocable; and has effect as an irrevocable authority to and obligation on the Commissioner to take the appropriate actions required by this Part.

If—

the Commissioner must sign and forward to the appropriate District Land Registrar a written notice of the acceptance of the proposal, describing the proposal in general terms.

The District Land Registrar must register the notice against every relevant instrument of title to the land or lease.

In the case of a notice relating to a lease, the validity of the notice is not affected by any misdescription of the land it relates to if it—

Every person who, after the notice has been registered, acquires an estate or interest in any land against whose instrument of title it has been registered is bound by the acceptance of the proposal to which it relates to the same extent as the person who accepted the proposal; and this Act has effect accordingly.

If a person acquires an estate or interest in any land—

this Part has effect as if the entire proposal had been rejected.

Once the acceptance of a substantive proposal takes effect, the Commissioner must give the Chief Surveyor written notice of its acceptance, attaching a copy of the proposal.

As soon as is practicable after receiving the notice, the Chief Surveyor must—

If notified that any of the land needs to be surveyed, the Commissioner must have it surveyed, and have a plan or plans of it prepared and approved, under the Survey Act 1986.

Once the Commissioner—

the Commissioner must—

If (and only if) satisfied that—

the Chief Surveyor must sign and date on both copies of the plan a written notice approving it for the purposes of this Act, and return 1 copy to the Commissioner.

On receiving an approved plan, the Commissioner must lodge it and a copy of the proposal to which it relates with the appropriate District Land Registrar, who must register them against every instrument of title to land to which they relate.

Land that an approved plan designates as land to be restored to Crown ownership vests in the Crown when the plan is registered,—

If land vests under this section—

the lease, permit, or easement is deemed to have been granted or created immediately before the land vests.

When land that an approved plan designates as land to be restored to Crown ownership subject to the granting of a concession vests as conservation area under section 65,—

When land that an approved plan designates as land to be restored to Crown control subject to the appointment of any person as manager under section 24H(1) of the Conservation Act 1987 vests as conservation area under section 65,—

When land that an approved plan designates as land to be restored to Crown control subject to the granting of a concession vests as a reserve under section 65,—

When an approved plan designating land as land to be disposed of to a specified person has been registered, the Commissioner must promptly, in accordance with the plan (but subject to Part 4A of the Conservation Act 1987), dispose of it under the Land Act 1948.

In complying with subsection (1), the Commissioner must act as if the reviewable instrument concerned were already surrendered (and the District Land Registrar must act likewise); but the instrument in fact continues in force until a certificate of title or registered lease is issued for the land concerned, and is then deemed to have been surrendered in respect of that land.

When an approved plan designating land as land that may be disposed of to any person has been registered,—

When an approved plan designating unused Crown land as land to be retained in Crown control as conservation area subject to the granting of a concession has been registered,—

When an approved plan designating unused Crown land as land to be retained in Crown control as conservation area subject to the appointment of any person as manager under section 24H(1) of the Conservation Act 1987 has been registered,—

When an approved plan designating unused Crown land as land to be retained in Crown control as a reserve subject to the granting of a concession has been registered,—

Promptly after an approved plan designating unused Crown land as land to be retained in Crown control subject to the granting of a lease or grazing permit under section 67(2) or section 68A of the Land Act 1948 has been registered, the Commissioner must, in accordance with the plan, grant the lease or permit.

Promptly after an approved plan designating unused Crown land as land to be disposed of has been registered, the Commissioner must, in accordance with the plan (but subject to Part 4A of the Conservation Act 1987), dispose of it under the Land Act 1948.

Promptly after an approved plan designating unused Crown land as land that may be disposed of has been registered, the Commissioner must try to dispose of it under the Land Act 1948.

When an approved plan designating any conservation area as land over which a concession is to be granted has been registered,—

When an approved plan designating any conservation area that is marginal strip as land of which a person is to be appointed manager under section 24H(1) of the Conservation Act 1987 has been registered, the Minister of Conservation must promptly, in accordance with the plan, appoint the person manager of the land.

When an approved plan designating any conservation area as land to be disposed of by way of exchange has been registered,—

When an approved plan designating any reserve as land over which a concession (other than a lease under section 73 of the Reserves Act 1977) is to be granted has been registered,—

When an approved plan designating any reserve as land to be granted by lease under section 73 of the Reserves Act 1977 has been registered,—

When an approved plan designating any reserve as land to be disposed of by way of exchange has been registered,—

When an approved plan designating any land as land over which an easement under section 12 of the Reserves Act 1977 is to be created has been registered,—

When an approved plan designating any land as land over which an easement under section 7(2) of the Conservation Act 1987 is to be created has been registered,—

When an approved plan designating any land as land over which an easement under sections 26 to 29 of the Walking Access Act 2008 is to be created has been registered,—

When an approved plan designating any land as land over which a covenant under section 22 of the Queen Elizabeth the Second National Trust Act 1977 is to be created has been registered,—

When an approved plan designating any land as land over which a covenant under section 77 of the Reserves Act 1977 or section 27 of the Conservation Act 1987 is to be created has been registered, the Commissioner—

When an approved plan designating any land as land over which a covenant under section 39 of the Heritage New Zealand Pouhere Taonga Act 2014 is to be created has been registered,—

When an approved plan designating land held in fee simple as land to be restored to Crown ownership has been registered, the substantive proposal concerned has effect as a binding agreement for the sale to the Crown by the holder of all land designated by the plan as—

If an accepted substantive proposal is accompanied by a notice under section 46(4) specifying the payment of any amount to the Crown, the Commissioner must not proceed under this Part beyond the point specified for its payment until it has been paid.

The objects of this Part are—

In acting under this Part, the Commissioner must (to the extent that those matters are applicable) take into account—

Before taking any action specified in subsection (3), the Commissioner must consult the Director-General of Conservation.

At any time, the Commissioner may consult any person or body the Commissioner thinks fit (including the Director-General of Conservation) about taking any action specified in subsection (3).

The actions are—

The Commissioner—

The Commissioner must undertake any review of land held under an unrenewable occupation licence,—

Subject to subsection (2), the Commissioner may, in the Commissioner’s absolute discretion, decide—

After conducting any review, the Commissioner must devise a preliminary proposal to designate the land concerned in accordance with subsection (5).

The land (or various areas of it) must be designated as—

If a preliminary proposal designates any land as land suitable for disposal by special lease, land suitable for disposal in fee simple, or both, it may designate it subject to either or both of the following things:

If a preliminary proposal designates any land held under an occupation licence as land to be retained in Crown ownership, it may also specify any holder’s improvements that are to remain on the land.

Without the prior written provisional consent of the Minister of Conservation, a preliminary proposal may not designate any land as land suitable for disposal subject to the creation of a protective mechanism.

The Minister must not consent provisionally to a designation in a preliminary proposal unless satisfied that it is reasonably likely that the Minister would consent to a substantive proposal containing the designation.

The following sections apply to a preliminary proposal under this Part as if it were a preliminary proposal under Part 2:

The Commissioner may, by signing on it a statement to the effect that it is adopted, adopt a written substantive proposal that is (as far as the land to which it relates is concerned) the same as or a modified version of a preliminary proposal previously notified, in accordance with section 88, under section 43.

Subject to subsection (3), the holder of any land held under an occupation licence that is dealt with by a proposal adopted under subsection (1) may apply under section 17 of the Land Act 1948 for a rehearing of the Commissioner’s decision to adopt the proposal.

No person has a right to apply under section 17 of the Land Act 1948 for a rehearing of the Commissioner’s decision to adopt a proposal under subsection (1) if the decision is the alteration, confirmation, modification, or reversal under a rehearing granted under that section of an earlier decision to adopt a substantive proposal.

The Commissioner must notify every holder concerned of a decision to adopt under subsection (1) a substantive proposal dealing with land held under an occupation licence.

Where within the time provided by section 17 of the Land Act 1948 no holder entitled by subsection (2) to do so applies under that section for a rehearing of a decision to adopt a substantive proposal under subsection (1), the adoption of the proposal takes effect on the expiration of that time.

Where—

the adoption of the proposal then takes effect.

Where the Commissioner rehears under section 17 of the Land Act 1948 a decision to adopt a substantive proposal under subsection (1),—

Section 47 (which forbids the Commissioner to put a substantive proposal to the holder of a reviewable instrument without first considering matters arising out of the consultations on the preliminary proposal out of which the substantive proposal arises) applies to the adoption of a substantive proposal under this Part as if it were the putting of a substantive proposal under Part 2 to the holder of a reviewable instrument.

The following sections apply to a substantive proposal under this Part as if it were a substantive proposal under Part 2 (but as if the reference in section 62(1) to its acceptance were a reference to its adoption):

Without the prior written consent of the Minister of Conservation, a substantive proposal may not designate any land as land suitable for disposal subject to the creation of a protective mechanism.

Land that an approved plan designates as land to be retained by the Crown vests in the Crown when the plan is registered or (in the case of land held under an occupation licence) when the licence expires, whichever is the later,—

Section 80 (which enables the creation of protective mechanisms provided for in an accepted substantive proposal under Part 2) applies to an approved plan arising out of the adoption of a substantive proposal under this Part as if it were an approved plan arising out of the acceptance of a substantive proposal under Part 2.

When an approved plan relating to land that a substantive proposal designates as—

has been registered or (in the case of land held under an occupation licence) when the licence expires, whichever is the later, the Commissioner must try to dispose of it accordingly.

A substantive proposal under Part 2 or Part 3 dealing with any land held under an occupation licence may specify 1 or more holder’s improvements that are to remain on the land; and in that case—

Except as provided in subsection (1),—

When a substantive proposal under Part 3 designating land held under an occupation licence as land suitable for disposal is adopted,—

Taking action under Part 2 or Part 3 so that different parts of any land are dealt with in different manners is not a subdivision of the land for the purposes of the Resource Management Act 1991.

Subsection (1) is for the avoidance of doubt.

Despite any enactment or rule of law, there may be reserved over land disposed of under Part 2 or Part 3 a covenant in favour of the Commissioner providing for the management of the land, and the monitoring of activities undertaken on the land and their effects on the land.

A sustainable management covenant runs with the land over which it was reserved; and is an interest in land for the purposes of the Land Transfer Act 1952.

On application by the Commissioner, the District Land Registrar of the land registration district in which the land over which a sustainable management covenant has been reserved is situated must take all steps, and make all entries in the registers, necessary to give effect to the covenant’s registration.

With the prior written consent of the regional or district council in which the land over which a sustainable management covenant has been reserved is situated, the Commissioner may transfer to the council the Commissioner’s interest in the covenant.

Section 25 applies to the exercise of the Commissioner’s powers under section 97 in relation to the disposal of land under Part 2 as if section 97 were part of Part 2.

Section 84 applies to the exercise of the Commissioner’s powers under section 97 in relation to the disposal of land under Part 3 as if section 97 were part of Part 3.

The Commissioner must pay the appropriate costs of any action taken by a Chief Surveyor or District Land Registrar under Part 2 or Part 3.

Except as provided in section 89(2), neither section 17 nor section 18 of the Land Act 1948 applies to any decision made under Part 2, Part 3, or this Part.

The repeal by section 104 of this Act of section 109 of the Land Act 1948—

The Land Act 1948 is amended in the manner indicated in Schedule 1.

Amendment(s) incorporated in the Act(s).

The enactments specified in Schedule 2 are repealed.