Crown Pastoral Land Act 1998

19 Breaches of statutory or contractual provisions

(1)

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.

(2)

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—

(a)

order the holder—

(i)

to take actions (specified by the court) to remedy the breach; or

(ii)

in default of taking those actions, to pay to the Commissioner exemplary damages (not exceeding $50,000) for the breach; or

(b)

if, and only if,—

(i)

it is impossible, impracticable, or otherwise inappropriate to remedy the breach; or

(ii)

the breach has already been remedied,—

(without declaring the instrument forfeit) order the holder to pay to the Commissioner exemplary damages (not exceeding $50,000) for the breach; or

(c)

declare the instrument forfeit to Her Majesty, and order the holder to pay to the Commissioner an amount being, as seems appropriate to the court,—

(i)

the lower of $50,000 and the likely costs to the Crown of remedying the breach; or

(ii)

exemplary damages (not exceeding $50,000) for the breach.

(3)

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—

(a)

has been given notice of the application; and

(b)

has an adequate opportunity to appear and be heard in relation to it.

(4)

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.

(5)

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

(6)

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

(a)

in contravention of section 100 of the Land Act 1948 or section 15(1) or section 16(1) of this Act, in its application to the land; or

(b)

in contravention of any provision of or covenant contained in the instrument.

Section 19(1): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Section 19(2): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Section 19(4): amended, on 1 January 2008, by section 364(1) of the Property Law Act 2007 (2007 No 91).