Crown Pastoral Land Act 1998

Reprint as at 1 December 2020

Coat of Arms of New Zealand

Crown Pastoral Land Act 1998

Public Act
 
1998 No 65
Date of assent
 
23 June 1998
Commencement
 
23 June 1998
Note

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

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

This Act is administered by Land Information New Zealand.

Contents

Title
1Short Title
2Interpretation
3Act binds the Crown
Part 1
Pastoral leases and occupation licences
Pastoral leases
4Tenure
5Term
6Special provisions relating to calculation of rent payable for first 11 years of first renewal of pastoral lease granted before 30 November 1979 [Repealed]
7Special provisions relating to calculation of rent payable for first 11 years of pastoral lease granted after 29 November 1979 [Repealed]
8Calculation of rent payable under pastoral leases after first 11 years [Repealed]
9Stock limitations
10Renewal of lease after expiry
11Belated exchange of pastoral leases for renewable leases
Occupation licences
12Tenure
13Term and expiry
14Limited grant of further occupation licence
Pastoral land generally
15Burning of vegetation
16Activities affecting or disturbing soil
17Permission under other enactments still needed
18Discretionary actions
19Breaches of statutory or contractual provisions
20Boundary disputes
21Boundary adjustments
22Travelling stock
Application of Land Act 1948
23Application of Land Act 1948
Part 1A
Setting rents for pastoral leases
23APurpose of this Part
23BFormula for calculating annual rents for pastoral leases
23CCommissioner to appoint Crown assessors to determine carrying capacities of pastoral leases
23DInitial assessment of carrying capacity by Crown assessors
23EProcess if lessee accepts, or fails to respond to, initial assessment
23FFramework for dispute resolution if lessee rejects initial assessment
23GDuties of parties during dispute resolution before resolution hearing
23HResolution hearing
23IRecording and noting carrying capacities
23JAppeals on questions of law
23KExclusion from liability
23LFunctions, duties, and powers of Valuer-General
23MDelegation of Valuer-General’s functions, duties, and powers
23NRegulation-making power
23ORule-making power
23PValuer-General may designate individuals eligible to be appointed as assessors and expert determiners
23QService of notices
Part 2
Tenure reviews
General
24Objects of Part 2
25Matters to be taken into account by Commissioner
26Consultation
Tenure reviews
27Commissioner may undertake reviews of land held under pastoral lease
28Inclusion of land held under occupation licence
29Inclusion of unused Crown land
30Inclusion of freehold land
31Inclusion of conservation area and reserve
32Administration of reviews
33Discontinuance of reviews
Preliminary proposals
34Preliminary proposals may be put to holders
35Designation of land held under reviewable instrument, freehold land, and unused Crown land
36Qualified designations
37Designation of conservation area
38Designation of reserves
39Information to be included in respect of concessions
40Protective mechanisms
41Provisional consent of Minister of Conservation needed for some designations
42Proposal may be conditional on acceptance by other holders
43Commissioner to give notice of preliminary proposals
44Consultation with iwi authority
45Information to be given to Minister of Conservation
Substantive proposals
46Substantive proposals may be put to holders
47Commissioner to consider submissions
Duties of Minister of Conservation in relation to proposed concessions
48Consent of Minister of Conservation needed for proposed concessions
49No consent to easement if other concession more appropriate
50No consent if inadequate information provided
51Matters to be considered
52Proposed concessions over marginal strip
53Conditions generally
54Rents, fees, and royalties
55Term
Duty of Minister of Conservation in relation to proposed exchanges of conservation area
56Consent of Minister of Conservation needed for proposed exchanges of conservation area
Proposal to appoint manager of marginal strip
57Consent of Minister of Conservation needed for proposed appointment of manager of marginal strip
Powers and duties of Minister of Conservation in relation to proposed disposal of reserves
58Proposed disposal of reserve otherwise than by concession
Powers in relation to proposed creation of certain easements and covenants
59Consent needed for some designations
Acceptance of substantive proposals, and consequences of acceptance
60Acceptances
61Notice of proposal may be registered against title to protect acceptance
62Final plan to be prepared
63Approval of plan
64Commissioner to register accepted proposals and approved plans
65Effect of registration of approved plan in relation to land designated to be restored to Crown ownership
66Land vesting as conservation area subject to granting of concession
67Land vesting as conservation area subject to appointment of manager of marginal strip
68Land vesting as reserve subject to granting of concession
69Effect of registration of approved plan in relation to reviewable land designated to be disposed of
70Effect of registration of approved plan in relation to unused Crown land designated to be conservation area subject to granting of concession
71Effect of registration of approved plan in relation to unused Crown land designated to be conservation area subject to appointment of manager of marginal strip
72Effect of registration of approved plan in relation to unused Crown land designated to be reserve subject to granting of concession
73Effect of registration of approved plan in relation to unused Crown land designated to be retained in Crown ownership subject to granting of special lease or grazing permit
74Effect of registration of approved plan in relation to unused Crown land designated to be disposed of
75Effect of registration of approved plan in relation to conservation area subject to granting of concession
76Effect of registration of approved plan in relation to conservation area subject to appointment of manager of marginal strip
77Effect of registration of approved plan in relation to conservation area designated to be exchanged
78Effect of registration of approved plan in relation to reserve subject to granting of concession
79Effect of registration of approved plan in relation to reserve designated to be exchanged
80Creation of protective mechanisms
81Effect of registration of approved plan in relation to freehold land designated to be restored to Crown ownership
82Payments to the Crown
Part 3
Reviews of other Crown land
General
83Objects of Part 3
84Matters to be taken into account by Commissioner
85Consultation
Procedure
86Commissioner to review certain Crown land
87Provisional consent of Minister of Conservation needed for some designations
88Certain provisions of Part 2 relating to preliminary proposals to apply
89Commissioner may adopt substantive proposals
90Certain provisions of Part 2 relating to substantive proposals to apply
91Consent of Minister of Conservation needed for some designations
Effect of substantive proposals
92Effect of registration of approved plan in relation to land designated to be retained in Crown ownership
93Creation of protective mechanisms
94Disposal
Part 4
Provisions applicable to all reviews
95Improvements on land held under occupation licence
96Implementation not subdivision
97Sustainable management covenants
98Application of sections 25 and 84 to section 97
99Commissioner to meet certain official costs
100Application of sections 17 and 18 of Land Act 1948
Part 5
Savings, and consequential amendments and repeals
101Savings
102Consequential amendments to Land Act 1948
103Director-General to administer special leases and grazing permits over certain reserves
104Consequential repeals
Schedule 1
Consequential amendments to Land Act 1948
Schedule 2
Consequential repeals
Crown Pastoral Land (Rent for Pastoral Leases) Amendment Act 2012
Reprint notes

An Act—

(a)

to establish a system for reviewing the tenure of Crown land held under certain perpetually renewable leases; and

(b)

to establish a system for determining how Crown land formerly held under pastoral occupation licence, and certain other Crown land, should be dealt with; and

(c)

otherwise to provide for the administration of Crown pastoral land