Version as at 18 May 2022

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

The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

This Act is administered by Land Information New Zealand.

Contents

Title
1Short Title
2Interpretation
3Act binds the Crown
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to calculation of rent payable for first 11 years of first renewal of pastoral lease granted before 30 November 1979 [Repealed]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provisions relating to calculation of rent payable for first 11 years of pastoral lease granted after 29 November 1979 [Repealed]
8Calculation of rent payable under pastoral leases after first 11 years [Repealed]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
12Tenure
13Term and expiry
14Limited grant of further occupation licence
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
23Application of Land Act 1948
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
[Repealed]
[Repealed]
24Objects of Part 2 [Repealed]
25Matters to be taken into account by Commissioner [Repealed]
26Consultation [Repealed]
[Repealed]
27Commissioner may undertake reviews of land held under pastoral lease [Repealed]
28Inclusion of land held under occupation licence [Repealed]
29Inclusion of unused Crown land [Repealed]
30Inclusion of freehold land [Repealed]
31Inclusion of conservation area and reserve [Repealed]
32Administration of reviews [Repealed]
33Discontinuance of reviews [Repealed]
[Repealed]
34Preliminary proposals may be put to holders [Repealed]
35Designation of land held under reviewable instrument, freehold land, and unused Crown land [Repealed]
36Qualified designations [Repealed]
37Designation of conservation area [Repealed]
38Designation of reserves [Repealed]
39Information to be included in respect of concessions [Repealed]
40Protective mechanisms [Repealed]
41Provisional consent of Minister of Conservation needed for some designations [Repealed]
42Proposal may be conditional on acceptance by other holders [Repealed]
43Commissioner to give notice of preliminary proposals [Repealed]
44Consultation with iwi authority [Repealed]
45Information to be given to Minister of Conservation [Repealed]
[Repealed]
46Substantive proposals may be put to holders [Repealed]
47Commissioner to consider submissions [Repealed]
[Repealed]
48Consent of Minister of Conservation needed for proposed concessions [Repealed]
49No consent to easement if other concession more appropriate [Repealed]
50No consent if inadequate information provided [Repealed]
51Matters to be considered [Repealed]
52Proposed concessions over marginal strip [Repealed]
53Conditions generally [Repealed]
54Rents, fees, and royalties [Repealed]
55Term [Repealed]
[Repealed]
56Consent of Minister of Conservation needed for proposed exchanges of conservation area [Repealed]
[Repealed]
57Consent of Minister of Conservation needed for proposed appointment of manager of marginal strip [Repealed]
[Repealed]
58Proposed disposal of reserve otherwise than by concession [Repealed]
[Repealed]
59Consent needed for some designations [Repealed]
[Repealed]
60Acceptances [Repealed]
61Notice of proposal may be registered against title to protect acceptance [Repealed]
62Final plan to be prepared [Repealed]
63Approval of plan [Repealed]
64Commissioner to register accepted proposals and approved plans [Repealed]
65Effect of registration of approved plan in relation to land designated to be restored to Crown ownership [Repealed]
66Land vesting as conservation area subject to granting of concession [Repealed]
67Land vesting as conservation area subject to appointment of manager of marginal strip [Repealed]
68Land vesting as reserve subject to granting of concession [Repealed]
69Effect of registration of approved plan in relation to reviewable land designated to be disposed of [Repealed]
70Effect of registration of approved plan in relation to unused Crown land designated to be conservation area subject to granting of concession [Repealed]
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 [Repealed]
72Effect of registration of approved plan in relation to unused Crown land designated to be reserve subject to granting of concession [Repealed]
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 [Repealed]
74Effect of registration of approved plan in relation to unused Crown land designated to be disposed of [Repealed]
75Effect of registration of approved plan in relation to conservation area subject to granting of concession [Repealed]
76Effect of registration of approved plan in relation to conservation area subject to appointment of manager of marginal strip [Repealed]
77Effect of registration of approved plan in relation to conservation area designated to be exchanged [Repealed]
78Effect of registration of approved plan in relation to reserve subject to granting of concession [Repealed]
79Effect of registration of approved plan in relation to reserve designated to be exchanged [Repealed]
80Creation of protective mechanisms [Repealed]
81Effect of registration of approved plan in relation to freehold land designated to be restored to Crown ownership [Repealed]
82Payments to the Crown [Repealed]
83Objects of Part 3
84Matters to be taken into account by Commissioner
85Consultation
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
92Effect of registration of approved plan in relation to land designated to be retained in Crown ownership
93Creation of protective mechanisms
94Disposal
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
101Savings
102Consequential amendments to Land Act 1948
103Director-General to administer special leases and grazing permits over certain reserves
104Consequential repeals
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

 
1 Short Title

This Act may be cited as the Crown Pastoral Land Act 1998.

2 Interpretation

Unless the context requires otherwise, in this Act,—

approved plan means a plan returned to the Commissioner under section 90 (by virtue of its application of former section 63)

base carrying capacity, in relation to a pastoral lease, means the base carrying capacity of land as assessed or determined under Part 1A and under any regulations or rules made under Part 1A and that is expressed in stock units

Chief Surveyor

(a)

means a person for the time being appointed under section 9 of the Survey Act 1986; and includes the deputy of a Chief Surveyor; and

(b)

in relation to any land, or any subject matter affecting any land, means the Chief Surveyor of the land district (constituted under section 22 of the Land Act 1948) in which the land is situated

commencement, in relation to a reviewable instrument,—

(a)

means the day on which it was granted, if the land was not held under some other reviewable instrument on that day:

(b)

means the day on which the other reviewable instrument was determined, if the land was held under some other reviewable instrument on the day on which it was granted

Commissioner means the Commissioner of Crown Lands appointed under section 24AA of the Land Act 1948

concession means—

(a)

concession granted directly under Part 3B of the Conservation Act 1987; or

(b)

concession granted under Part 3B of the Conservation Act 1987 by virtue of section 59A of the Reserves Act 1977; or

(c)

lease under section 73 of the Reserves Act 1977 granted, by virtue of subsection (3A)(b) of that section, under Part 3B of the Conservation Act 1987

concession designation means an element of a substantive proposal—

(a)

designating any land as land to be restored to or retained in Crown control as conservation area or reserve, subject to the granting of a concession; or

(b)

designating any conservation area or reserve as land to remain conservation area or reserve subject to the granting of a concession

conservation area has the meaning given to that term by section 2(1) of the Conservation Act 1987

Crown assessor means an assessor appointed by the Commissioner under section 23C

Crown land has the meaning given to that term by section 2 of the Land Act 1948

Crown ownership includes Crown control and full Crown ownership and control

cultivation includes drainage, felling bush, clearing land for cropping, and clearing and ploughing land for and laying it down for or with pasture

current carrying capacity, in relation to a pastoral lease, means the current carrying capacity of land as assessed or determined under Part 1A and under any regulations or rules made under Part 1A and that is expressed in stock units

department means the department of State that, with the authority of the Prime Minister, is for the time being responsible for the administration of this Act

ecosystem means a system of interacting living organisms and their environment

expert determiner means a person appointed as an expert determiner under section 23F(1)(a)(i)

grazing permit means permit under section 68A of the Land Act 1948

historic place

(a)

means—

(i)

any land (including an archaeological site); or

(ii)

any building or structure (including part of a building or structure); or

(iii)

any combination of land and a building or structure,—

that forms part of the historical and cultural heritage of New Zealand; and

(b)

includes anything that is in or fixed to any such land

holder, in relation to a reviewable instrument, means lessee or licensee under it

holder’s improvement, in relation to an occupation licence,—

(a)

subject to paragraph (b), means improvement on the land effected, erected, made, or paid for by the holder or any predecessor of the holder; but

(b)

does not include improvement effected by doing (before or after the commencement of this Act) any thing specified in section 16(1)

improvement

(a)

means substantial improvement of a permanent character; and

(b)

includes bridging; clearing of broom, bush, gorse, scrub, or sweetbriar; constructing border dykes, head races, irrigation works, sheep dips, water races, water supplies, or water tanks; cultivation; draining; erecting any building; fencing (including rabbit-proof fencing); improving in any way the character or fertility of the soil; installing any electric lighting, electric power plant, or telephone; laying out and cultivating gardens; making embankments or protective works of any kind; planting with trees or live hedges; reclamation from swamps; roading; and sinking wells or bores

inherent value, in relation to any land, means a value arising from—

(a)

a cultural, ecological, historical, recreational, or scientific attribute or characteristic of a natural resource in, on, forming part of, or existing by virtue of the conformation of, the land; or

(b)

a cultural, historical, recreational, or scientific attribute or characteristic of a historic place on or forming part of the land

land means land that is subject to a pastoral lease

the land, in relation to a reviewable instrument, means all land held under it

lessee’s assessor means an assessor appointed by the lessee under section 23F(1)(b)

marginal strip means any strip of land reserved or deemed to be reserved under section 24 or section 24E(3) or section 24G of the Conservation Act 1987 for the purposes specified in section 24C of that Act; and includes part of a marginal strip

Minister means the Minister who is, with the authority of the Prime Minister, for the time being responsible for the administration of this Act

natural resources means—

(a)

plants and animals of all kinds; and

(b)

the air, water, and soil in or on which any plant or animal lives or may live; and

(c)

landscape and landform; and

(d)

geological features; and

(e)

ecosystems;—

and natural resource has a corresponding meaning

neighbouring includes adjacent

occupation licence means licence granted under section 66AA of the Land Act 1948 or section 14(7) of this Act

pastoral land means Crown land for the time being so classified under section 51 of the Land Act 1948

pastoral lease means a pastoral lease granted under section 66 of the Land Act 1948, and includes any renewal of that lease

proposed activity, in relation to a proposed concession, means activity proposed to be carried out under the concession

proposed facility, in relation to a proposed concession, means structure or facility proposed for or in relation to the concession

protective mechanism means—

(a)

easement under section 12 of the Reserves Act 1977, section 7(2) of the Conservation Act 1987, or sections 26 to 29 of the Walking Access Act 2008; or

(b)

covenant under section 22 of the Queen Elizabeth the Second National Trust Act 1977, section 77 of the Reserves Act 1977, section 27 of the Conservation Act 1987, or section 39 of the Heritage New Zealand Pouhere Taonga Act 2014; or

(c)

sustainable management covenant

renewable lease means renewable lease as defined in—

(a)

section 63 of the Land Act 1948; or

(b)

the corresponding provisions of any Act repealed by that Act; or

(c)

the corresponding provisions of any Act relating to the disposal of Crown land repealed before 1 April 1949

rent review date, in relation to a pastoral lease, means—

(a)

the day immediately after the first period of 11 years from the commencement date of the pastoral lease:

(b)

the day immediately after the second period of 11 years from the commencement date of the pastoral lease:

(c)

the day immediately before the expiry of the pastoral lease if the pastoral lease is to be renewed

reserve means land vested in the Crown that is or is part of a reserve within the meaning of section 2(1) of the Reserves Act 1977

reviewable instrument means instrument that is a reviewable lease or an occupation licence

reviewable land means land that—

(a)

is held under a reviewable instrument; or

(b)

is pastoral land not for the time being held under a reviewable instrument

reviewable lease means lease under section 66(1) or section 67 of the Land Act 1948; but does not include—

(a)

a lease over land all of which has been vested in a State enterprise under the State-Owned Enterprises Act 1986; or

(b)

a lease under section 67 of the Land Act 1948 over land all of which is conservation area or reserve

significant inherent value, in relation to any land, means inherent value of such importance, nature, quality, or rarity that the land deserves the protection of management under the Reserves Act 1977 or the Conservation Act 1987

sowing includes oversowing, and direct-drilling; and sow has a corresponding meaning

special lease means lease under section 67(2) of the Land Act 1948

specified, in relation to a concession, lease, or permit referred to in a proposal, means on terms specified in the proposal

specified person, in relation to a proposal, means person specified in the proposal

stock limitation means—

(a)

restriction under section 66(2) of the Land Act 1948 subject to which a pastoral lease was granted before 30 November 1979; or

(b)

restriction under section 66(3) of the Land Act 1948 subject to which a pastoral lease was granted after 29 November 1979

stock unit means the standard stock unit for the purposes of Part 1A defined by the Valuer-General under section 23O(1)(a)(iii)

sustainable management covenant means a covenant reserved under section 97(1)

undertake includes cause to be undertaken

unrenewable occupation licence means occupation licence that is—

(a)

an occupation licence granted under section 66AA of the Land Act 1948 in respect of which the Commissioner has decided, under section 14(4) of this Act, that the Commissioner is not satisfied that the land should continue to be held under occupation licence for any period after the expiry of the existing licence; or

(b)

an occupation licence granted under section 66AA of the Land Act 1948 to the holder of which the Commissioner has made an offer, of a further occupation licence of the land under section 14(5) of this Act, that was not accepted before the day specified in it; or

(c)

an occupation licence granted under section 14(7)

unused Crown land means Crown land not held under a lease, licence, or permit

Valuer-General has the same meaning as in section 2 of the Valuers Act 1948

working day means a day of the week other than—

(a)

a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, Te Rā Aro ki a Matariki/Matariki Observance Day, and Labour Day; and

(b)

if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and

(c)

a day in the period commencing on 25 December in any year and ending with 15 January in the following year.

Section 2 approved plan: amended, on 18 May 2022, by section 18 of the Crown Pastoral Land Reform Act 2022 (2022 No 22).

Section 2 base carrying capacity: inserted, on 6 July 2012, by section 4(1) of the Crown Pastoral Land (Rent for Pastoral Leases) Amendment Act 2012 (2012 No 36).

Section 2 Commissioner: inserted, on 6 July 2012, by section 4(1) of the Crown Pastoral Land (Rent for Pastoral Leases) Amendment Act 2012 (2012 No 36).

Section 2 Crown assessor: inserted, on 6 July 2012, by section 4(1) of the Crown Pastoral Land (Rent for Pastoral Leases) Amendment Act 2012 (2012 No 36).

Section 2 current carrying capacity: inserted, on 6 July 2012, by section 4(1) of the Crown Pastoral Land (Rent for Pastoral Leases) Amendment Act 2012 (2012 No 36).

Section 2 department: inserted, on 6 July 2012, by section 4(1) of the Crown Pastoral Land (Rent for Pastoral Leases) Amendment Act 2012 (2012 No 36).

Section 2 expert determiner: inserted, on 6 July 2012, by section 4(1) of the Crown Pastoral Land (Rent for Pastoral Leases) Amendment Act 2012 (2012 No 36).

Section 2 land: inserted, on 6 July 2012, by section 4(1) of the Crown Pastoral Land (Rent for Pastoral Leases) Amendment Act 2012 (2012 No 36).

Section 2 lessee’s assessor: inserted, on 6 July 2012, by section 4(1) of the Crown Pastoral Land (Rent for Pastoral Leases) Amendment Act 2012 (2012 No 36).

Section 2 Minister: inserted, on 6 July 2012, by section 4(1) of the Crown Pastoral Land (Rent for Pastoral Leases) Amendment Act 2012 (2012 No 36).

Section 2 pastoral lease: inserted, on 6 July 2012, by section 4(1) of the Crown Pastoral Land (Rent for Pastoral Leases) Amendment Act 2012 (2012 No 36).

Section 2 protective mechanism paragraph (a): amended, on 30 September 2008, by section 82 of the Walking Access Act 2008 (2008 No 101).

Section 2 protective mechanism paragraph (b): amended, on 20 May 2014, by section 107 of the Heritage New Zealand Pouhere Taonga Act 2014 (2014 No 26).

Section 2 rent review date: inserted, on 6 July 2012, by section 4(1) of the Crown Pastoral Land (Rent for Pastoral Leases) Amendment Act 2012 (2012 No 36).

Section 2 rental value: repealed, on 6 July 2012, by section 4(2) of the Crown Pastoral Land (Rent for Pastoral Leases) Amendment Act 2012 (2012 No 36).

Section 2 stock unit: inserted, on 6 July 2012, by section 4(1) of the Crown Pastoral Land (Rent for Pastoral Leases) Amendment Act 2012 (2012 No 36).

Section 2 Valuer-General: inserted, on 6 July 2012, by section 4(1) of the Crown Pastoral Land (Rent for Pastoral Leases) Amendment Act 2012 (2012 No 36).

Section 2 working day: replaced, on 1 January 2014, by section 8 of the Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 (2013 No 19).

Section 2 working day paragraph (a): replaced, on 12 April 2022, by wehenga 7 o Te Ture mō te Hararei Tūmatanui o te Kāhui o Matariki 2022/section 7 of the Te Kāhui o Matariki Public Holiday Act 2022 (2022 No 14).

3 Act binds the Crown

This Act binds the Crown.

Part 1 Pastoral leases and occupation licences

Pastoral leases

4 Tenure

A pastoral lease gives the holder—

(a)

the exclusive right of pasturage over the land:

(b)

a perpetual right of renewal for terms of 33 years:

(c)

no right to the soil:

(d)

no right to acquire the fee simple of any of the land.

Compare: 1948 No 64 s 66(2)

5 Term

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.

Compare: 1948 No 64 s 66(4)

6 Special provisions relating to calculation of rent payable for first 11 years of first renewal of pastoral lease granted before 30 November 1979
[Repealed]

Section 6: repealed, on 6 July 2012, by section 5 of the Crown Pastoral Land (Rent for Pastoral Leases) Amendment Act 2012 (2012 No 36).

7 Special provisions relating to calculation of rent payable for first 11 years of pastoral lease granted after 29 November 1979
[Repealed]

Section 7: repealed, on 6 July 2012, by section 5 of the Crown Pastoral Land (Rent for Pastoral Leases) Amendment Act 2012 (2012 No 36).

8 Calculation of rent payable under pastoral leases after first 11 years
[Repealed]

Section 8: repealed, on 6 July 2012, by section 5 of the Crown Pastoral Land (Rent for Pastoral Leases) Amendment Act 2012 (2012 No 36).

9 Stock limitations

(1)

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

(a)

the validity or effect of any stock limitation:

(b)

the validity or effect of any power of the Commissioner contained in any pastoral lease to grant an exemption from a stock limitation:

(c)

the validity or effect of any such exemption:

(d)

the Commissioner’s power to vary or revoke such an exemption.

(2)

An exemption from a stock limitation—

(a)

is (and was) personal to the person who was the holder of the lease concerned at the time the exemption was granted; and

(b)

if not earlier revoked, expires (or expired) when that person ceases (or ceased) to be the holder of the lease.

(3)

Subsection (2) is for the avoidance of doubt.

(4)

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.

10 Renewal of lease after expiry

If by the time a pastoral lease expired,—

(a)

the Commissioner and the holder had agreed that, subject to the fixing of the amount of the rent to be paid under it, it would be renewed; but

(b)

that amount had not yet been fixed,—

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.

11 Belated exchange of pastoral leases for renewable leases

(1)

If—

(a)

before the commencement of this Act, any land comprised in a pastoral lease was vested in a State enterprise under the State-Owned Enterprises Act 1986; and

(b)

before it was vested,—

(i)

all the land comprised in that lease had been reclassified as farm land; and

(ii)

the former Land Settlement Board, the Department of Lands, or the Commissioner had agreed to issue a renewable lease to the holder under section 126A of the Land Act 1948, in exchange for the pastoral lease; and

(iii)

no renewable lease had in fact been issued; and

(c)

since it was vested the holder has (or successive holders have) been paying rent as if the land were held on renewable lease,—

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.

(2)

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

(a)

it is deemed to have been granted under section 126A of the Land Act 1948 immediately before the land comprised in it was vested in the State enterprise concerned; and

(b)

the Land Act 1948 is deemed to have applied, and continues to apply, to it accordingly; and

(c)

every transfer of or other dealing with or action affecting the pastoral lease in exchange for which it has been granted occurring after the agreement to grant a renewable lease in exchange for it is deemed to have had effect as a transfer of or other dealing with or action affecting it.

(3)

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

Occupation licences

12 Tenure

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

(a)

no right of renewal:

(b)

no right to the soil:

(c)

no right to acquire the fee simple of the land.

Compare: 1948 No 64 s 66AA(2)

13 Term and expiry

(1)

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—

(a)

the term specified in it; and

(b)

the period commencing on its commencement and ending on the next 1 January or 1 July (whichever is the sooner).

(2)

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.

(3)

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

Compare: 1948 No 64 s 66AA(4)

14 Limited grant of further occupation licence

(1)

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.

(2)

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.

(3)

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.

(4)

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.

(5)

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—

(a)

for the period; but

(b)

otherwise on the terms and conditions of the existing licence.

(6)

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

(7)

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.

Pastoral land generally

15 Burning of vegetation

(1)

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,—

(a)

without the Commissioner’s prior written consent; or

(b)

otherwise than in accordance with any condition, direction, or restriction subject to which the Commissioner gave prior written consent.

(2)

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.

(3)

In this section, vegetation does not include timber.

Compare: 1948 No 64 s 106

16 Activities affecting or disturbing soil

(1)

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

(a)

clear or fell any bush or scrub on the land:

(b)

crop, cultivate, drain, or plough any part of the land:

(c)

top-dress any part of the land:

(d)

sow any part of the land with seed:

(e)

plant any tree or trees on the land:

(f)

form any path, road, or track on the land:

(g)

undertake any other activity affecting, or involving or causing disturbance to, the soil.

(2)

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

(a)

the Commissioner has first given the lessee or licensee written consent to the doing of it; and

(b)

it is done in accordance with every condition, direction, and restriction, subject to which the Commissioner gave the consent.

(3)

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

(a)

a consent under subsection (2) to drain any land includes a consent to undertake ongoing maintenance of any drainage works formed pursuant to the consent and in accordance with every condition, direction, and restriction subject to which the Commissioner gave it:

(b)

a consent under subsection (2) to top-dress any land includes a consent to undertake an ongoing programme of top-dressing on the land or any part of it,—

(i)

in accordance with every condition, direction, and restriction subject to which the Commissioner gave it; and

(ii)

using the fertiliser or mixture of fertilisers consented to,—

to maintain the pasture created or enhanced by the top-dressing consented to:

(c)

a consent under subsection (2) to sow any land with seed includes a consent to undertake an ongoing programme of sowing on the land or any part of it,—

(i)

in accordance with every condition, direction, and restriction subject to which the Commissioner gave it; and

(ii)

using the species or mixture of species consented to,—

to maintain the pasture created or enhanced by the sowing consented to:

(d)

a consent under subsection (2) to form a road, path, or track on any land includes a consent to undertake ongoing maintenance of any road, path, or track formed pursuant to the consent and in accordance with every condition, direction, and restriction subject to which the Commissioner gave it:

(e)

a consent under subsection (2) to do a thing not specified in paragraphs (a) to (f) of subsection (1) includes a consent to undertake ongoing maintenance of any thing constructed or formed pursuant to the consent and in accordance with every condition, direction, and restriction subject to which the Commissioner gave it.

(4)

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.

(5)

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

(a)

every consent given under section 106 or section 108 of the Land Act 1948 has effect according to its tenor as if it were consent given under this section; and

(b)

in the case of a consent given under section 108 of the Land Act 1948, subsection (4) has effect accordingly.

(6)

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

(a)
(b)

under the Mining Act 1971.

(7)

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

Compare: 1948 No 64 s 108

17 Permission under other enactments still needed

(1)

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.

(2)

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

18 Discretionary actions

(1)

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

(2)

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

(a)

the desirability of protecting the inherent values of the land concerned (other than attributes and characteristics of a recreational value only), and in particular the inherent values of indigenous plants and animals, and natural ecosystems and landscapes; and

(b)

the desirability of making it easier to use the land concerned for farming purposes.

(3)

The actions are—

(a)

determining whether to act under section 60(1), section 66A(1), or section 100 of the Land Act 1948 in relation to any pastoral land; and

(b)

exercising any discretion under section 66A of that Act, or section 15 or section 16 of this Act, in relation to any pastoral land; and

(c)

considering whether to grant, vary, or revoke an exemption from any stock limitation.

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).

20 Boundary disputes

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.

Compare: 1948 No 64 s 107(1)

21 Boundary adjustments

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.

Compare: 1948 No 64 s 107(2)

22 Travelling stock

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—

(a)

within 500 metres on either side of any road or track commonly used as a thoroughfare; but

(b)

not within 2 kilometres of a homestead,—

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

Compare: 1948 No 64 s 110

Application of Land Act 1948

23 Application of Land Act 1948

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.

Part 1A Setting rents for pastoral leases

Part 1A: inserted, on 6 July 2012, by section 6 of the Crown Pastoral Land (Rent for Pastoral Leases) Amendment Act 2012 (2012 No 36).

23A Purpose of this Part

(1)

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—

(a)

the productive capacity of the land when used for pastoral farming; and

(b)

the earnings available from that productive capacity.

(2)

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

(a)

includes a formula with the following elements:

(i)

the base carrying capacity of a pastoral lease as an easily calculated proxy for the stock the land would carry in an unimproved state; and

(ii)

the current carrying capacity of a pastoral lease as an approximate measure of the stock the land would carry when developed and farmed efficiently, which allows the element in subparagraph (iii) to be calculated; and

(iii)

a factor to incorporate 0.15 of the difference between the current carrying capacity and the base carrying capacity into the formula; and

(iv)

a dollar-per-stock-unit rate that incorporates a proportion of net earnings per stock unit into the formula; and

(b)

fixes the values of some elements of the formula and prescribes or constrains inquiry into the values for other elements of the formula, namely,—

(i)

the dollar-per-stock-unit rate is calculated according to a method prescribed in regulations using available data about net farm incomes on farms comparable to those on pastoral leases; and

(ii)

the base carrying capacity is to be agreed or determined once according to rules made by the Valuer-General, including rules about using scientific evidence that is predictive of the base carrying capacity and information about the land; and

(iii)

the current carrying capacity is to be agreed or determined at each review according to rules made by the Valuer-General, including rules about using information about efficient farming practices and information about the land; and

(c)

provides for a dispute resolution system to facilitate early agreement between the Crown and lessees on the base carrying capacity and the current carrying capacity.

Section 23A: inserted, on 6 July 2012, by section 6 of the Crown Pastoral Land (Rent for Pastoral Leases) Amendment Act 2012 (2012 No 36).

23B Formula for calculating annual rents for pastoral leases

(1)

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.

(2)

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

a = b × (c + ((d – c) × 0.15))

where—

a

is the annual rent for the pastoral lease

b

is the dollar-per-stock-unit rate published by the Valuer-General in the Gazette that applies to the rent review date

c

is the base carrying capacity of the pastoral lease as determined under this Part and any regulations or rules made under this Part

d

is the current carrying capacity of the pastoral lease as determined under this Part and any regulations or rules made under this Part.

(3)

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

b × c

where—

b

is the dollar-per-stock-unit rate published by the Valuer-General in the Gazette that applies to the rent review date

c

is the base carrying capacity of the pastoral lease as determined under this Part and any regulations or rules made under this Part.

Section 23B: inserted, on 6 July 2012, by section 6 of the Crown Pastoral Land (Rent for Pastoral Leases) Amendment Act 2012 (2012 No 36).

23C Commissioner to appoint Crown assessors to determine carrying capacities of pastoral leases

(1)

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—

(a)

beginning on the date that this section commences; and

(b)

ending on the close of the day that is 90 days before the next rent review date.

(2)

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

(3)

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

(a)

beginning on the date that is 120 days before the rent review date; and

(b)

ending on the close of the day that is 90 days before the rent review date.

(4)

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.

(5)

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.

Section 23C: inserted, on 6 July 2012, by section 6 of the Crown Pastoral Land (Rent for Pastoral Leases) Amendment Act 2012 (2012 No 36).

23D Initial assessment of carrying capacity by Crown assessors

(1)

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—

(a)

the base carrying capacity of the pastoral lease; or

(b)

the current carrying capacity of the pastoral lease; or

(c)

the base carrying capacity and the current carrying capacity of the pastoral lease.

(2)

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).

(3)

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—

(a)

be in writing; and

(b)

include—

(i)

the information provided or referred to the Crown assessor under section 23C(4); and

(ii)

any other information that contributed materially to the assessment; and

(c)

explain which elements of the information referred to in paragraph (b) contributed materially to the assessment; and

(d)

specify the regulations or rules that permit or require the use of the information referred to in paragraph (c); and

(e)

if the Crown assessor’s initial assessment allows a rent to be calculated, specify the rent that the lessee must pay if the lessee accepts the Crown assessor’s initial assessment; and

(f)

give notice of the period for response, and the consequences of failure to respond within that period, in the form prescribed by the Valuer-General for that purpose.

(4)

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—

(a)

accepting the Crown assessor’s initial assessment; or

(b)

rejecting the Crown assessor’s initial assessment.

Section 23D: inserted, on 6 July 2012, by section 6 of the Crown Pastoral Land (Rent for Pastoral Leases) Amendment Act 2012 (2012 No 36).

23E Process if lessee accepts, or fails to respond to, initial assessment

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

(a)

in the case of the base carrying capacity of a pastoral lease,—

(i)

becomes the base carrying capacity for that pastoral lease; and

(ii)

must be used to calculate the rent for that pastoral lease under section 23B:

(b)

in the case of the current carrying capacity of a pastoral lease,—

(i)

becomes the current carrying capacity for that pastoral lease; and

(ii)

must be used to calculate the rent for that pastoral lease under section 23B.

Section 23E: inserted, on 6 July 2012, by section 6 of the Crown Pastoral Land (Rent for Pastoral Leases) Amendment Act 2012 (2012 No 36).

23F Framework for dispute resolution if lessee rejects initial assessment

(1)

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),—

(a)

the Commissioner must—

(i)

appoint an expert determiner in accordance with subsection (2); and

(ii)

submit a copy of the assessment given under section 23D(3) to the expert determiner; and

(b)

the lessee must appoint an assessor.

(2)

The Commissioner—

(a)

must, in good faith, try to agree with the lessee on the person to be appointed as the expert determiner; and

(b)

must, if the Commissioner and the lessee are unable to agree, appoint a person who is nominated by the Valuer-General.

(3)

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).

(4)

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,—

(a)

fix a date for a resolution hearing, which must be no later than 30 working days after the meeting specified in subsection (3); and

(b)

give written notice of the resolution hearing to the lessee, the lessee’s assessor, and the Crown assessor as soon as practicable but at least 10 working days before the date of the resolution hearing.

Section 23F: inserted, on 6 July 2012, by section 6 of the Crown Pastoral Land (Rent for Pastoral Leases) Amendment Act 2012 (2012 No 36).

23G Duties of parties during dispute resolution before resolution hearing

(1)

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:

(a)

the lessee’s assessor and the Crown assessor must try in good faith to reach agreement on the base carrying capacity or the current carrying capacity, or both, of the pastoral lease (as the case may be); and

(b)

the lessee’s assessor, the Crown assessor, and the expert determiner must, at the meeting on the land referred to in section 23F(3), inspect the land with a view to gathering information to assist them to perform their duties under this section; and

(c)

the Crown assessor must—

(i)

explain to the lessee’s assessor and the expert determiner the method that the Crown assessor used to arrive at the base carrying capacity or the current carrying capacity, or both, of the pastoral lease (as the case may be) in the initial assessment by isolating, as far as possible, the material elements of the method that the Crown assessor used; and

(ii)

specify the regulations or rules that permit or require the use of the method referred to in subparagraph (i); and

(d)

the lessee’s assessor must formulate, and provide to the Crown assessor and the expert determiner, an assessment of the base carrying capacity or the current carrying capacity, or both, of the pastoral lease (as the case may be) that—

(i)

explains the method that the lessee’s assessor used to arrive at the base carrying capacity or the current carrying capacity, or both, of the pastoral lease (as the case may be); and

(ii)

takes into account any explanation provided by the Crown assessor under paragraph (c); and

(iii)

includes any information that contributes materially to the lessee’s assessor’s assessment; and

(iv)

specifies the regulations or rules that permit or require the method referred to in subparagraph (i) and information referred to in subparagraph (iii); and

(e)

the expert determiner must analyse and evaluate how the lessee’s assessor and the Crown assessor have applied the requirements of this Part and any regulations or rules made under this Part; and

(f)

the expert determiner may provide guidance or assistance to the lessee’s assessor and the Crown assessor in their efforts to agree on the base carrying capacity or current carrying capacity, or both, of the pastoral lease (as the case may be).

(2)

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

(a)

to the lessee’s assessor, the expert determiner must provide the Crown assessor with a written summary of the guidance or assistance:

(b)

to the Crown assessor, the expert determiner must provide the lessee’s assessor with a written summary of the guidance or assistance.

(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.

(4)

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).

Section 23G: inserted, on 6 July 2012, by section 6 of the Crown Pastoral Land (Rent for Pastoral Leases) Amendment Act 2012 (2012 No 36).

23H Resolution hearing

(1)

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)

facilitate agreement between the lessee’s assessor and the Crown assessor; or

(b)

if the expert determiner considers that an agreement is unlikely during the resolution hearing, determine the base carrying capacity or current carrying capacity, or both, of the pastoral lease (as the case may be).

(2)

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

(a)

be in writing and in the form specified by the Valuer-General; and

(b)

be given to the lessee and the Commissioner within 5 working days of the date of the resolution hearing.

(3)

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.

(4)

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.

(5)

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

(6)

An award of costs must provide that—

(a)

the lessee pay the fees of the lessee’s assessor and pay for any expenses incurred by the lessee’s assessor that are associated with complying with the requirements of this Part; and

(b)

the Commissioner pay the fees of the Crown assessor and pay for any expenses incurred by the Crown assessor that are associated with complying with the requirements of this Part; and

(c)

the lessee and the Commissioner pay an equal share of the fees of the expert determiner and pay for any expenses that are associated with holding the resolution hearing (whether it proceeds or not).

(7)

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,—

(a)

contributed to the time or expense involved in complying with the requirements of this Part; or

(b)

failed to comply, by act or omission, with this Part or any regulations or rules made under this Part; or

(c)

taken a position or pursued an argument that lacks merit, including (but not limited to) refusing to accept facts that should have been accepted.

Section 23H: inserted, on 6 July 2012, by section 6 of the Crown Pastoral Land (Rent for Pastoral Leases) Amendment Act 2012 (2012 No 36).

23I Recording and noting carrying capacities

(1)

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,—

(a)

the lessee’s assessor and the Crown assessor must communicate to the expert determiner the agreed base carrying capacity or current carrying capacity, or both, of the pastoral lease (as the case may be); and

(b)

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).

(2)

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).

(3)

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).

(4)

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

(a)

in the case of a base carrying capacity, the recorded base carrying capacity of the pastoral lease—

(i)

becomes the base carrying capacity for that pastoral lease; and

(ii)

must be used to calculate the rent for that pastoral lease under section 23B:

(b)

in the case of a current carrying capacity, the recorded current carrying capacity of a pastoral lease—

(i)

becomes the current carrying capacity for that pastoral lease; and

(ii)

must be used to calculate the rent for that pastoral lease under section 23B.

(5)

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.

(6)

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.

(7)

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

Section 23I: inserted, on 6 July 2012, by section 6 of the Crown Pastoral Land (Rent for Pastoral Leases) Amendment Act 2012 (2012 No 36).

Section 23I(7): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).

23J Appeals on questions of law

(1)

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.

(2)

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

(3)

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:

(a)

confirm or amend the determination in respect of which the appeal has been brought:

(b)

quash the determination and remit the matter to the expert determiner along with a copy of the decision of the High Court:

(c)

make any other order in relation to the matter that the High Court thinks fit.

Section 23J: inserted, on 6 July 2012, by section 6 of the Crown Pastoral Land (Rent for Pastoral Leases) Amendment Act 2012 (2012 No 36).

23K Exclusion from liability

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

(a)

the performance or intended performance of a function or duty under this Part or any regulations or rules made under this Part; or

(b)

the exercise or intended exercise of a power under this Part or any regulations or rules made under this Part.

Section 23K: inserted, on 6 July 2012, by section 6 of the Crown Pastoral Land (Rent for Pastoral Leases) Amendment Act 2012 (2012 No 36).

23L Functions, duties, and powers of Valuer-General

(1)

The Valuer-General—

(a)

must, using the method prescribed in regulations made under section 23N, calculate dollar-per-stock-unit rates and the periods to which they apply and publish them in the Gazette; and

(b)

may make rules under section 23O; and

(c)

may provide guidance in relation to any matter for which the Valuer-General may make rules under section 23O; and

(d)

may provide information to lessees’ assessors, Crown assessors, and expert determiners to assist them in performing their functions and duties under this Part; and

(e)

may provide information, monitor, and publish reports on, the processes specified in this Part for—

(i)

assessing or determining the base carrying capacity and the current carrying capacity of pastoral leases; and

(ii)

setting the rent for pastoral leases; and

(f)

may audit any assessment or determination of the base carrying capacity or current carrying capacity, or both, of any pastoral lease (as the case may be) against any rules made under section 23O and any guidance provided under paragraph (c); and

(g)

may appoint members to form 1 or more expert panels to assist in the performance of the Valuer-General’s functions and duties or the exercise of the Valuer-General’s powers under this Part; and

(h)

must appoint a person nominated by any organisation the Valuer-General considers is representative of lessees of pastoral leases to any expert panel formed under paragraph (g); and

(i)

must publish, in any form or manner that the Valuer-General considers appropriate, including (but not limited to) on an Internet site maintained by the department,—

(i)

any guidance provided under paragraph (c); and

(ii)
[Repealed]

(iii)

any determination made by an expert determiner under this Part in relation to base carrying capacity.

(2)

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

(a)

aim to ensure that—

(i)

any assessment or determination is made quickly and efficiently; and

(ii)

any lessee’s assessor, Crown assessor, or expert determiner does not use more information or undertake more analysis than is reasonably necessary to make an assessment or a determination; and

(b)

have regard to the purpose of this Part.

Section 23L: inserted, on 6 July 2012, by section 6 of the Crown Pastoral Land (Rent for Pastoral Leases) Amendment Act 2012 (2012 No 36).

Section 23L(1)(i)(ii): repealed, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).

23M Delegation of Valuer-General’s functions, duties, and powers

The Valuer-General may, in accordance with clauses 2 and 3 of Schedule 6 of the Public Service Act 2020, delegate to employees of the department, in the same manner and to the same extent as if the Valuer-General were its chief executive,—

(a)

any function, duty, or power conferred on the Valuer-General by this Act (other than the power to make rules under section 23O) or any other enactment:

(b)

any function, duty, or power delegated to the Valuer-General by any Minister of the Crown (other than a power that is subject to a delegation that provides that the power may not be delegated).

Section 23M: inserted, on 6 July 2012, by section 6 of the Crown Pastoral Land (Rent for Pastoral Leases) Amendment Act 2012 (2012 No 36).

Section 23M: amended, on 7 August 2020, by section 135 of the Public Service Act 2020 (2020 No 40).

23N Regulation-making power

(1)

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

(a)

specify the method for calculating the dollar-per-stock-unit rate, which must—

(i)

use the publicly available data about farm revenues and expenses from pastoral farms and farms that are most comparable to pastoral farms; and

(ii)

use a measure of net farm revenues per stock unit derived from the data referred to in subparagraph (i); and

(iii)

set the dollar-per-stock-unit rate as a proportion of the measure referred to in subparagraph (ii) that corresponds as closely and consistently as practicable to the long-term average spent on rent and servicing mortgage debt; and

(iv)

contain a floor that will operate as the minimum dollar-per-stock-unit rate; and

(v)

use an appropriate index of farm costs to annually adjust the floor referred to in subparagraph (iv); and

(vi)

specify how the dollar-per-stock-unit rate is to be calculated for different periods for the purposes of this Part:

(b)

prescribe forms:

(c)

prescribe rules and procedures for resolution hearings:

(d)

provide for the matters that are contemplated by or necessary for giving effect to this Part and for its due administration.

(2)

Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

Legislation Act 2019 requirements for secondary legislation made under this section
PublicationPCO must publish it on the legislation website and notify it in the GazetteLA19 s 69(1)(c)
PresentationThe Minister must present it to the House of RepresentativesLA19 s 114, Sch 1 cl 32(1)(a)
DisallowanceIt may be disallowed by the House of Representatives LA19 ss 115, 116
This note is not part of the Act.

Section 23N: inserted, on 6 July 2012, by section 6 of the Crown Pastoral Land (Rent for Pastoral Leases) Amendment Act 2012 (2012 No 36).

Section 23N(2): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).

23O Rule-making power

(1)

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

(a)

must make rules that—

(i)

specify the information to be provided or referenced by the Commissioner under section 23C(4), including (but not limited to)—

(A)

information predicting the characteristics of land, which includes information in the form of raw data, a land classification, a model, or an algorithm:

(B)

assumptions about how the information referred to in subsubparagraph (A) reveals the base carrying capacity and the current carrying capacity of a pastoral lease:

(C)

other information about the land:

(ii)

specify how a lessee’s assessor, a Crown assessor, or an expert determiner must, when making an assessment or a determination,—

(A)

use the information provided or referenced by the Commissioner under section 23C(4); and

(B)

use the information gained at a meeting on the land under section 23F(3); and

(C)

use the information provided under section 23G(4); and

(D)

use or not use any other information about the land:

(iii)

for the purposes of ensuring that base carrying capacities and current carrying capacities are assessed and used consistently to calculate rent,—

(A)

define a standard stock unit for the purposes of this Part by reference to an annual energy requirement (taking into account relevant industry norms and practices):

(B)

specify the standard stock-unit equivalent of different kinds of stock for the purposes of this Part:

(C)

specify how non-standard stock-unit measurements are to be converted to standard stock-unit measurements for the purposes of this Part:

(b)

may make rules that—

(i)

provide that a specified process or method is the only process or method that may be used by a lessee’s assessor, a Crown assessor, or an expert determiner when making an assessment or a determination of base carrying capacity:

(ii)

specify how a lessee’s assessor, a Crown assessor, or an expert determiner must deal with relevant matters when making an assessment or a determination of current carrying capacity, including (but not limited to)—

(A)

how relevant concepts are to be used:

(B)

information about stock carried on a pastoral lease:

(C)

constraints on stocking that arise from the obligations under a pastoral lease:

(D)

physical and other constraints on stocking:

(iii)

provide for any other matters relating to—

(A)

assessing or determining the base carrying capacity or current carrying capacity of a pastoral lease that may be necessary or desirable to allow the Valuer-General to perform a function or duty, or exercise a power, under this Part; or

(B)

setting rents for pastoral leases that may be necessary or desirable to allow the Valuer-General to perform a function or duty, or exercise a power, under this Part:

(iv)

provide for the designation of individuals eligible to be appointed as assessors or expert determiners:

(v)

provide for the matters that are contemplated by or necessary for giving full effect to this Part and for its due administration.

(2)

Rules made under subsection (1)—

(a)

may specify upper and lower bounds or other constraints for the base carrying capacity and current carrying capacity of pastoral leases:

(b)

may prescribe different rules for different sets of pastoral leases:

(c)

may, in the case of rules referred to in subsection (1)(a) and (b), make different provision for the base carrying capacity and current carrying capacity of a pastoral lease:

(d)

may provide that stock carried on land for any period is counted towards the current carrying capacity of the land in proportion to the part of the year that the stock spends on the land (whether or not that stock is also grazed on any other ground that is not subject to a pastoral lease).

(3)

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

(a)

publish a notice of the Valuer-General’s intention, including (but not limited to) on an Internet site maintained by the department; and

(b)

take reasonable steps to bring the notice to the attention of lessees of pastoral leases; and

(c)

give interested persons a reasonable period of time, which must be specified in the notice, to make submissions on the proposed rules; and

(d)

consult persons who the Valuer-General considers represent the lessees of pastoral leases and the Valuer-General considers appropriate, having regard in each case to the content and effect of the proposed rules.

(4)

[Repealed]

(5)

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

(6)

Rules under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

Legislation Act 2019 requirements for secondary legislation made under this section
PublicationThe maker must publish it in any form or manner that the maker considers appropriateLA19 ss 73, 74(1)(a), Sch 1 cl 14
PresentationThe Minister must present it to the House of RepresentativesLA19 s 114, Sch 1 cl 32(1)(a)
DisallowanceIt may be disallowed by the House of Representatives LA19 ss 115, 116
This note is not part of the Act.

Section 23O: inserted, on 6 July 2012, by section 6 of the Crown Pastoral Land (Rent for Pastoral Leases) Amendment Act 2012 (2012 No 36).

Section 23O(4): repealed, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).

Section 23O(6): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).

23P Valuer-General may designate individuals eligible to be appointed as assessors and expert determiners

(1)

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.

(2)

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

(a)

designate any individual as eligible to be appointed as an expert determiner if the requirements in subsections (4) to (6) have been met; or

(b)

designate any individual as eligible to be appointed as an assessor if the individual—

(i)

is a member of—

(A)

an organisation specified in any regulations or rules made under this Part; or

(B)

a subset of members of an organisation specified in any regulations or rules made under this Part; or

(ii)

holds a qualification specified in any regulations or rules made under this Part; or

(iii)

is otherwise qualified to act as an assessor.

(3)

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

(a)

the base carrying capacity of pastoral leases; or

(b)

the current carrying capacity of pastoral leases; or

(c)

the base carrying capacity and the current carrying capacity of pastoral leases.

(4)

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.

(5)

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).

(6)

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.

Section 23P: inserted, on 6 July 2012, by section 6 of the Crown Pastoral Land (Rent for Pastoral Leases) Amendment Act 2012 (2012 No 36).

23Q Service of notices

(1)

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—

(a)

delivered to that person; or

(b)

left at that person’s usual or last known place of abode or business or at an address specified for that purpose in any document received from that person; or

(c)

posted in a letter addressed to that person by name at that place of abode or business or address.

(2)

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.

(3)

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

(4)

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.

(5)

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.

(6)

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.

(7)

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

Section 23Q: inserted, on 6 July 2012, by section 6 of the Crown Pastoral Land (Rent for Pastoral Leases) Amendment Act 2012 (2012 No 36).

Section 23Q(4): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Section 23Q(6): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Part 2 Tenure reviews

[Repealed]

Part 2: repealed, on 18 May 2022, by section 9 of the Crown Pastoral Land Reform Act 2022 (2022 No 22).

General[Repealed]

Heading: repealed, on 18 May 2022, by section 9 of the Crown Pastoral Land Reform Act 2022 (2022 No 22).

24 Objects of Part 2
[Repealed]

Section 24: repealed, on 18 May 2022, by section 9 of the Crown Pastoral Land Reform Act 2022 (2022 No 22).

25 Matters to be taken into account by Commissioner
[Repealed]

Section 25: repealed, on 18 May 2022, by section 9 of the Crown Pastoral Land Reform Act 2022 (2022 No 22).

26 Consultation
[Repealed]

Section 26: repealed, on 18 May 2022, by section 9 of the Crown Pastoral Land Reform Act 2022 (2022 No 22).

Tenure reviews[Repealed]

Heading: repealed, on 18 May 2022, by section 9 of the Crown Pastoral Land Reform Act 2022 (2022 No 22).

27 Commissioner may undertake reviews of land held under pastoral lease
[Repealed]

Section 27: repealed, on 18 May 2022, by section 9 of the Crown Pastoral Land Reform Act 2022 (2022 No 22).

28 Inclusion of land held under occupation licence
[Repealed]

Section 28: repealed, on 18 May 2022, by section 9 of the Crown Pastoral Land Reform Act 2022 (2022 No 22).

29 Inclusion of unused Crown land
[Repealed]

Section 29: repealed, on 18 May 2022, by section 9 of the Crown Pastoral Land Reform Act 2022 (2022 No 22).

30 Inclusion of freehold land
[Repealed]

Section 30: repealed, on 18 May 2022, by section 9 of the Crown Pastoral Land Reform Act 2022 (2022 No 22).

31 Inclusion of conservation area and reserve
[Repealed]

Section 31: repealed, on 18 May 2022, by section 9 of the Crown Pastoral Land Reform Act 2022 (2022 No 22).

32 Administration of reviews
[Repealed]

Section 32: repealed, on 18 May 2022, by section 9 of the Crown Pastoral Land Reform Act 2022 (2022 No 22).

33 Discontinuance of reviews
[Repealed]

Section 33: repealed, on 18 May 2022, by section 9 of the Crown Pastoral Land Reform Act 2022 (2022 No 22).

Preliminary proposals[Repealed]

Heading: repealed, on 18 May 2022, by section 9 of the Crown Pastoral Land Reform Act 2022 (2022 No 22).

34 Preliminary proposals may be put to holders
[Repealed]

Section 34: repealed, on 18 May 2022, by section 9 of the Crown Pastoral Land Reform Act 2022 (2022 No 22).

35 Designation of land held under reviewable instrument, freehold land, and unused Crown land
[Repealed]

Section 35: repealed, on 18 May 2022, by section 9 of the Crown Pastoral Land Reform Act 2022 (2022 No 22).

36 Qualified designations
[Repealed]

Section 36: repealed, on 18 May 2022, by section 9 of the Crown Pastoral Land Reform Act 2022 (2022 No 22).

37 Designation of conservation area
[Repealed]

Section 37: repealed, on 18 May 2022, by section 9 of the Crown Pastoral Land Reform Act 2022 (2022 No 22).

38 Designation of reserves
[Repealed]

Section 38: repealed, on 18 May 2022, by section 9 of the Crown Pastoral Land Reform Act 2022 (2022 No 22).

39 Information to be included in respect of concessions
[Repealed]

Section 39: repealed, on 18 May 2022, by section 9 of the Crown Pastoral Land Reform Act 2022 (2022 No 22).

40 Protective mechanisms
[Repealed]

Section 40: repealed, on 18 May 2022, by section 9 of the Crown Pastoral Land Reform Act 2022 (2022 No 22).

41 Provisional consent of Minister of Conservation needed for some designations
[Repealed]

Section 41: repealed, on 18 May 2022, by section 9 of the Crown Pastoral Land Reform Act 2022 (2022 No 22).

42 Proposal may be conditional on acceptance by other holders
[Repealed]

Section 42: repealed, on 18 May 2022, by section 9 of the Crown Pastoral Land Reform Act 2022 (2022 No 22).

43 Commissioner to give notice of preliminary proposals
[Repealed]

Section 43: repealed, on 18 May 2022, by section 9 of the Crown Pastoral Land Reform Act 2022 (2022 No 22).

44 Consultation with iwi authority
[Repealed]

Section 44: repealed, on 18 May 2022, by section 9 of the Crown Pastoral Land Reform Act 2022 (2022 No 22).

45 Information to be given to Minister of Conservation
[Repealed]

Section 45: repealed, on 18 May 2022, by section 9 of the Crown Pastoral Land Reform Act 2022 (2022 No 22).

Substantive proposals[Repealed]

Heading: repealed, on 18 May 2022, by section 9 of the Crown Pastoral Land Reform Act 2022 (2022 No 22).

46 Substantive proposals may be put to holders
[Repealed]

Section 46: repealed, on 18 May 2022, by section 9 of the Crown Pastoral Land Reform Act 2022 (2022 No 22).

47 Commissioner to consider submissions
[Repealed]

Section 47: repealed, on 18 May 2022, by section 9 of the Crown Pastoral Land Reform Act 2022 (2022 No 22).

Duties of Minister of Conservation in relation to proposed concessions[Repealed]

Heading: repealed, on 18 May 2022, by section 9 of the Crown Pastoral Land Reform Act 2022 (2022 No 22).

48 Consent of Minister of Conservation needed for proposed concessions
[Repealed]

Section 48: repealed, on 18 May 2022, by section 9 of the Crown Pastoral Land Reform Act 2022 (2022 No 22).

49 No consent to easement if other concession more appropriate
[Repealed]

Section 49: repealed, on 18 May 2022, by section 9 of the Crown Pastoral Land Reform Act 2022 (2022 No 22).

50 No consent if inadequate information provided
[Repealed]

Section 50: repealed, on 18 May 2022, by section 9 of the Crown Pastoral Land Reform Act 2022 (2022 No 22).

51 Matters to be considered
[Repealed]

Section 51: repealed, on 18 May 2022, by section 9 of the Crown Pastoral Land Reform Act 2022 (2022 No 22).

52 Proposed concessions over marginal strip
[Repealed]

Section 52: repealed, on 18 May 2022, by section 9 of the Crown Pastoral Land Reform Act 2022 (2022 No 22).

53 Conditions generally
[Repealed]

Section 53: repealed, on 18 May 2022, by section 9 of the Crown Pastoral Land Reform Act 2022 (2022 No 22).

54 Rents, fees, and royalties
[Repealed]

Section 54: repealed, on 18 May 2022, by section 9 of the Crown Pastoral Land Reform Act 2022 (2022 No 22).

55 Term
[Repealed]

Section 55: repealed, on 18 May 2022, by section 9 of the Crown Pastoral Land Reform Act 2022 (2022 No 22).

Duty of Minister of Conservation in relation to proposed exchanges of conservation area[Repealed]

Heading: repealed, on 18 May 2022, by section 9 of the Crown Pastoral Land Reform Act 2022 (2022 No 22).

56 Consent of Minister of Conservation needed for proposed exchanges of conservation area
[Repealed]

Section 56: repealed, on 18 May 2022, by section 9 of the Crown Pastoral Land Reform Act 2022 (2022 No 22).

Proposal to appoint manager of marginal strip[Repealed]

Heading: repealed, on 18 May 2022, by section 9 of the Crown Pastoral Land Reform Act 2022 (2022 No 22).

57 Consent of Minister of Conservation needed for proposed appointment of manager of marginal strip
[Repealed]

Section 57: repealed, on 18 May 2022, by section 9 of the Crown Pastoral Land Reform Act 2022 (2022 No 22).

Powers and duties of Minister of Conservation in relation to proposed disposal of reserves[Repealed]

Heading: repealed, on 18 May 2022, by section 9 of the Crown Pastoral Land Reform Act 2022 (2022 No 22).

58 Proposed disposal of reserve otherwise than by concession
[Repealed]

Section 58: repealed, on 18 May 2022, by section 9 of the Crown Pastoral Land Reform Act 2022 (2022 No 22).

Powers in relation to proposed creation of certain easements and covenants[Repealed]

Heading: repealed, on 18 May 2022, by section 9 of the Crown Pastoral Land Reform Act 2022 (2022 No 22).

59 Consent needed for some designations
[Repealed]

Section 59: repealed, on 18 May 2022, by section 9 of the Crown Pastoral Land Reform Act 2022 (2022 No 22).

Acceptance of substantive proposals, and consequences of acceptance[Repealed]

Heading: repealed, on 18 May 2022, by section 9 of the Crown Pastoral Land Reform Act 2022 (2022 No 22).

60 Acceptances
[Repealed]

Section 60: repealed, on 18 May 2022, by section 9 of the Crown Pastoral Land Reform Act 2022 (2022 No 22).

61 Notice of proposal may be registered against title to protect acceptance
[Repealed]

Section 61: repealed, on 18 May 2022, by section 9 of the Crown Pastoral Land Reform Act 2022 (2022 No 22).

62 Final plan to be prepared
[Repealed]

Section 62: repealed, on 18 May 2022, by section 9 of the Crown Pastoral Land Reform Act 2022 (2022 No 22).

63 Approval of plan
[Repealed]

Section 63: repealed, on 18 May 2022, by section 9 of the Crown Pastoral Land Reform Act 2022 (2022 No 22).

64 Commissioner to register accepted proposals and approved plans
[Repealed]

Section 64: repealed, on 18 May 2022, by section 9 of the Crown Pastoral Land Reform Act 2022 (2022 No 22).

65 Effect of registration of approved plan in relation to land designated to be restored to Crown ownership
[Repealed]

Section 65: repealed, on 18 May 2022, by section 9 of the Crown Pastoral Land Reform Act 2022 (2022 No 22).

66 Land vesting as conservation area subject to granting of concession
[Repealed]

Section 66: repealed, on 18 May 2022, by section 9 of the Crown Pastoral Land Reform Act 2022 (2022 No 22).

67 Land vesting as conservation area subject to appointment of manager of marginal strip
[Repealed]

Section 67: repealed, on 18 May 2022, by section 9 of the Crown Pastoral Land Reform Act 2022 (2022 No 22).

68 Land vesting as reserve subject to granting of concession
[Repealed]

Section 68: repealed, on 18 May 2022, by section 9 of the Crown Pastoral Land Reform Act 2022 (2022 No 22).

69 Effect of registration of approved plan in relation to reviewable land designated to be disposed of
[Repealed]

Section 69: repealed, on 18 May 2022, by section 9 of the Crown Pastoral Land Reform Act 2022 (2022 No 22).

70 Effect of registration of approved plan in relation to unused Crown land designated to be conservation area subject to granting of concession
[Repealed]

Section 70: repealed, on 18 May 2022, by section 9 of the Crown Pastoral Land Reform Act 2022 (2022 No 22).

71 Effect of registration of approved plan in relation to unused Crown land designated to be conservation area subject to appointment of manager of marginal strip
[Repealed]

Section 71: repealed, on 18 May 2022, by section 9 of the Crown Pastoral Land Reform Act 2022 (2022 No 22).

72 Effect of registration of approved plan in relation to unused Crown land designated to be reserve subject to granting of concession
[Repealed]

Section 72: repealed, on 18 May 2022, by section 9 of the Crown Pastoral Land Reform Act 2022 (2022 No 22).

73 Effect 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
[Repealed]

Section 73: repealed, on 18 May 2022, by section 9 of the Crown Pastoral Land Reform Act 2022 (2022 No 22).

74 Effect of registration of approved plan in relation to unused Crown land designated to be disposed of
[Repealed]

Section 74: repealed, on 18 May 2022, by section 9 of the Crown Pastoral Land Reform Act 2022 (2022 No 22).

75 Effect of registration of approved plan in relation to conservation area subject to granting of concession
[Repealed]

Section 75: repealed, on 18 May 2022, by section 9 of the Crown Pastoral Land Reform Act 2022 (2022 No 22).

76 Effect of registration of approved plan in relation to conservation area subject to appointment of manager of marginal strip
[Repealed]

Section 76: repealed, on 18 May 2022, by section 9 of the Crown Pastoral Land Reform Act 2022 (2022 No 22).

77 Effect of registration of approved plan in relation to conservation area designated to be exchanged
[Repealed]

Section 77: repealed, on 18 May 2022, by section 9 of the Crown Pastoral Land Reform Act 2022 (2022 No 22).

78 Effect of registration of approved plan in relation to reserve subject to granting of concession
[Repealed]

Section 78: repealed, on 18 May 2022, by section 9 of the Crown Pastoral Land Reform Act 2022 (2022 No 22).

79 Effect of registration of approved plan in relation to reserve designated to be exchanged
[Repealed]

Section 79: repealed, on 18 May 2022, by section 9 of the Crown Pastoral Land Reform Act 2022 (2022 No 22).

80 Creation of protective mechanisms
[Repealed]

Section 80: repealed, on 18 May 2022, by section 9 of the Crown Pastoral Land Reform Act 2022 (2022 No 22).

81 Effect of registration of approved plan in relation to freehold land designated to be restored to Crown ownership
[Repealed]

Section 81: repealed, on 18 May 2022, by section 9 of the Crown Pastoral Land Reform Act 2022 (2022 No 22).

82 Payments to the Crown
[Repealed]

Section 82: repealed, on 18 May 2022, by section 9 of the Crown Pastoral Land Reform Act 2022 (2022 No 22).

Part 3 Reviews of other Crown land

General

83 Objects of Part 3

The objects of this Part are—

(a)

to promote the management of Crown land in a way that is ecologically sustainable; and

(b)

to enable the protection of significant inherent values of Crown land; and

(c)

subject to paragraphs (a) and (b), to make easier—

(i)

the securing of public access to and enjoyment of Crown land; and

(ii)

the freehold disposal of Crown land capable of economic use.

84 Matters to be taken into account by Commissioner

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

(a)

the objects of this Part; and

(b)

the principles of the Treaty of Waitangi; and

(c)

if acting in relation to land used or intended to be used by the Crown for any particular purpose, that purpose.

85 Consultation

(1)

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

(2)

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).

(3)

The actions are—

(a)

undertaking a review under section 86(1); and

(b)

devising a preliminary proposal under section 86(4); and

(c)

adopting a substantive proposal under section 89.

Procedure

86 Commissioner to review certain Crown land

(1)

The Commissioner—

(a)

must undertake reviews of all land for the time being held under an unrenewable occupation licence; and

(b)

may undertake (alone, or as part of reviews under paragraph (a)) reviews of any unused Crown land.

(2)

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

(a)

if the licence is not due to expire within 18 months of the commencement of this Act, not later than 15 months before the licence is due to expire:

(b)

if the licence is due to expire within 18 months of the commencement of this Act, as soon as is practicable after the commencement of this Act.

(3)

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

(a)

how many reviews to cause to be undertaken:

(b)

which land each review is to relate to:

(c)

the order in which reviews are to be undertaken:

(d)

the urgency with which any review is to be undertaken:

(e)

the resources to be devoted to any review.

(4)

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

(5)

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

(a)

land to be retained in full Crown ownership and control—

(i)

as conservation area; or

(ii)

as a reserve, to be held for a purpose specified in the proposal; or

(iii)

for some specified Crown purpose; or

(b)

Either or both of the following:

(i)

land suitable for disposal by special lease (on terms specified in the proposal):

(ii)

land suitable for disposal in fee simple under the Land Act 1948.

(6)

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:

(a)

the creation of a sustainable management covenant:

(b)

the continuation in force of an existing easement.

(7)

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.

87 Provisional consent of Minister of Conservation needed for some designations

(1)

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.

(2)

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.

88 Certain provisions of Part 2 relating to preliminary proposals to apply

The following former sections set out in Schedule 1AC apply with any necessary modifications to a preliminary proposal under this Part:

(a)

section 40 (which enables designations in a preliminary proposal to be subject to the creation of a protective mechanism):

(b)

section 43 (which requires the Commissioner to give public notice of preliminary proposals):

(c)

section 44 (which requires the Commissioner to consult the local iwi authority about any preliminary proposal):

(d)

section 45 (which requires the Commissioner to give the Minister of Conservation information about the results of consultations on a preliminary proposal).

Section 88: amended, on 18 May 2022, by section 18 of the Crown Pastoral Land Reform Act 2022 (2022 No 22).

89 Commissioner may adopt substantive proposals

(1)

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 the former section 43 set out in Schedule 1AC.

(2)

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.

(3)

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.

(4)

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.

(5)

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.

(6)

Where—

(a)

within the time provided by section 17 of the Land Act 1948 1 or more holders entitled by subsection (2) to do so apply under that section for a rehearing of a decision to adopt a substantive proposal under subsection (1); but

(b)

the Commissioner then decides not to rehear the decision,—

the adoption of the proposal then takes effect.

(7)

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

(a)

if the Commissioner reverses the decision, the adoption of the proposal has no effect:

(b)

the Commissioner may alter or modify the decision by adopting an altered or modified substantive proposal under subsection (1); and if the Commissioner does so,—

(i)

subsection (3) applies; and

(ii)

the altered or modified proposal takes effect immediately:

(c)

If the Commissioner confirms the decision, it takes effect on confirmation.

Section 89(1): amended, on 18 May 2022, by section 18 of the Crown Pastoral Land Reform Act 2022 (2022 No 22).

90 Certain provisions of Part 2 relating to substantive proposals to apply

(1)

The former section 47 set out in Schedule 1AC (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 the former Part 2 to the holder of a reviewable instrument.

(2)

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

(a)

section 62 (which requires the Commissioner to prepare a final plan of the land to which an accepted substantive proposal relates):

(b)

section 63 (which relates to the approval of a final plan by the Chief Surveyor):

(c)

section 64 (which relates to the registration of an approved final plan and the substantive proposal out of which the plan arises).

Section 90(1): amended, on 18 May 2022, by section 18 of the Crown Pastoral Land Reform Act 2022 (2022 No 22).

Section 90(2): amended, on 18 May 2022, by section 18 of the Crown Pastoral Land Reform Act 2022 (2022 No 22).

91 Consent of Minister of Conservation needed for some designations

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.

Effect of substantive proposals

92 Effect of registration of approved plan in relation to land designated to be retained in Crown ownership

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,—

(a)

depending on its designation in the plan,—

(i)

as conservation area, or for the Crown purpose specified; or

(ii)

as a reserve, held for the purpose specified in the plan; and

(b)

subject to the easements (if any) whose continuation in force is provided for in the substantive proposal concerned; and

(c)

except as provided in paragraphs (b) and (c), freed and discharged from all mortgages, charges, claims, estates, and interests.

93 Creation of protective mechanisms

The former section 80 set out in Schedule 1AC (which enabled the creation of protective mechanisms provided for in an accepted substantive proposal under the former 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.

Section 93: amended, on 18 May 2022, by section 18 of the Crown Pastoral Land Reform Act 2022 (2022 No 22).

94 Disposal

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

(a)

land suitable for disposal by special lease; or

(b)

land suitable for disposal in fee simple under the Land Act 1948; or

(c)

both,—

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.

Part 4 Provisions applicable to all reviews

95 Improvements on land held under occupation licence

(1)

A substantive proposal under 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—

(a)

the holder must not remove any improvement specified from the land, or cause or permit it to be removed from the land; but

(b)

if when the licence expires or is surrendered the improvement is still on the land, the holder is entitled to compensation for it (being an amount equal to the added value that it then gives the land).

(2)

Except as provided in subsection (1),—

(a)

on or before the expiry or surrender of an occupation licence (or within any later time the Commissioner allows), the holder must remove all holder’s improvements from the land; and

(b)

the holder is in no circumstances entitled to compensation, and may not in any circumstances be paid compensation,—

(i)

for any improvement required by paragraph (a) to be removed from the land; or

(ii)

for any improvement that is not a holder’s improvement.

(3)

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

(a)

the Commissioner must promptly have all holder’s improvements valued; and

(b)

on the expiry of the licence, subsections (2) and (3) of section 149, and section 150, of the Land Act 1948 apply to the land and the right of the former holder to be paid compensation for improvements on the land effected, erected, made, or paid for by the former holder or any predecessor of the former holder (including improvements effected by doing, before or after the commencement of this Act, any thing specified in section 16(1)).

Compare: 1948 No 64 s 109

Section 95(1): amended, on 18 May 2022, by section 18 of the Crown Pastoral Land Reform Act 2022 (2022 No 22).

96 Implementation not subdivision

(1)

Taking action under 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.

(2)

Subsection (1) is for the avoidance of doubt.

Section 96(1): amended, on 18 May 2022, by section 18 of the Crown Pastoral Land Reform Act 2022 (2022 No 22).

97 Sustainable management covenants

(1)

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.

(2)

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 2017.

(3)

On application by the Commissioner, the Registrar-General of Land must take all steps, and make all entries in the registers, necessary to give effect to the covenant’s registration.

(4)

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 97(2): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).

Section 97(3): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).

98 Application of sections 25 and 84 to section 97

(1)

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.

(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.

99 Commissioner to meet certain official costs

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

Section 99: amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).

100 Application of sections 17 and 18 of Land Act 1948

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.

Part 5 Savings, and consequential amendments and repeals

101 Savings

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

(a)

does not affect any decision made under section 109 before its repeal; and (in particular)

(b)

does not prevent land held under an occupation licence from being let again on lease or licence if a decision that it is to be let again has been made under section 109 before its repeal.

102 Consequential amendments to Land Act 1948

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

103 Director-General to administer special leases and grazing permits over certain reserves

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

104 Consequential repeals

The enactments specified in Schedule 2 are repealed.

Schedule 1AA Transitional, savings, and related provisions

s 2A

Schedule 1AA: inserted, on 18 May 2022, by section 17(1) of the Crown Pastoral Land Reform Act 2022 (2022 No 22).

Part 1 Provisions relating to Crown Pastoral Land Reform Act 2022

Schedule 1AA Part 1: inserted, on 18 May 2022, by section 17(1) of the Crown Pastoral Land Reform Act 2022 (2022 No 22).

1 Interpretation

In this Part,—

amendment Act means the Crown Pastoral Land Reform Act 2022

commencement date,—

(a)

in relation to the repeal of Part 2 (tenure review), means the day after the date on which the amendment Act receives the Royal assent:

(b)

in relation to any other purpose of the amendment Act, means the day that is 6 months after the date on which the amendment Act receives the Royal assent.

Schedule 1AA clause 1: inserted, on 18 May 2022, by section 17(1) of the Crown Pastoral Land Reform Act 2022 (2022 No 22).

2 Pending substantive proposals

(1)

This clause applies to the following substantive proposals relating to any pastoral land:

(a)

every substantive proposal that any holder of a reviewable instrument accepted under section 60 of this Act before the commencement date and that is still being processed by the Commissioner as at that date:

(b)

every substantive proposal that the Commissioner put to any holder of a reviewable instrument before the commencement date, where—

(i)

the holder has not accepted it before the commencement date; and

(ii)

the 3-month period in section 60(2) has not expired before the commencement date.

(2)

Part 2 of this Act, as it read immediately before the commencement date, continues to apply to the substantive proposal.

(3)

The Commissioner must take appropriate action in accordance with the applicable provisions of that Part.

Schedule 1AA clause 2: inserted, on 18 May 2022, by section 17(1) of the Crown Pastoral Land Reform Act 2022 (2022 No 22).

3 Tenure reviews discontinued if substantive proposal not put to holder

(1)

This clause applies to every—

(a)

substantive proposal, other than one to which clause 2 applies, in existence immediately before the commencement date; and

(b)

preliminary proposal in existence immediately before the commencement date.

(2)

Every proposal to which this clause applies ceases to have any effect.

(3)

All related reviews under this Act in existence immediately before the commencement date are discontinued and the Commissioner must not take any action to progress any of the reviews.

(4)

Nothing in this clause limits or affects a right of judicial review that a person may have in respect of the proposal or related review.

Schedule 1AA clause 3: inserted, on 18 May 2022, by section 17(1) of the Crown Pastoral Land Reform Act 2022 (2022 No 22).

Schedule 1AC Provisions of former Part 2 referred to elsewhere in this Act

ss 88, 89, 90, 93

Schedule 1AC: inserted, on 18 May 2022, by section 17(2) of the Crown Pastoral Land Reform Act 2022 (2022 No 22).

40 Protective mechanisms

(1)

A preliminary proposal may designate land as—

(a)

land to be restored to or retained in Crown ownership subject to the granting of a special lease; or

(b)

land to be disposed of to a specified person; or

(c)

land that may be disposed of to any person,—

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).

(2)

The matters are—

(a)

the protection of a significant inherent value of the land concerned:

(b)

the management of the land concerned in a way that is ecologically sustainable:

(c)

public access across or to the land concerned:

(d)

public enjoyment of the land concerned.

(3)

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.

(4)

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)

a local authority or other body approved by the Minister of Conservation is to be a party to the covenant; and

(b)

the local authority or other body has not given its prior written consent to the designation.

(5)

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.

Schedule 1AC clause 40: inserted, on 18 May 2022, by section 17(2) of the Crown Pastoral Land Reform Act 2022 (2022 No 22).

43 Commissioner to give notice of preliminary proposals

(1)

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

(a)

specifying the land, a day (no sooner than 40 working days after the publication of the last of the notices to be published), and an address; and

(b)

describing the proposal in general terms; and

(c)

indicating that any person or organisation may (no later than the day specified) give or send to the Commissioner at the address specified a written submission on the proposal.

(2)

The notice must not disclose any financial information.

(3)

The Commissioner must have the notice published—

(a)

in some newspaper circulating in the area where the land is situated; and

(b)

at least once in a daily newspaper published in Christchurch; and

(c)

at least once in a daily newspaper published in Dunedin.

Schedule 1AC clause 43: inserted, on 18 May 2022, by section 17(2) of the Crown Pastoral Land Reform Act 2022 (2022 No 22).

44 Consultation with iwi authority

The Commissioner must—

(a)

have a copy of every notice under section 43 given to the iwi authority (within the meaning of the Resource Management Act 1991) of the area where the land concerned is situated; and

(b)

consult the authority on the proposal.

Schedule 1AC clause 44: inserted, on 18 May 2022, by section 17(2) of the Crown Pastoral Land Reform Act 2022 (2022 No 22).

45 Information to be given to Minister of Conservation

The Commissioner must—

(a)

prepare, and give the Minister of Conservation,—

(i)

a summary of all matters raised by an iwi authority during consultation on a preliminary proposal under section 44; and

(ii)

a statement as to the extent to which objections to and comments on the proposal raised during the consultation have been allowed or accepted, or disallowed or not accepted; and

(iii)

a statement as to the extent to which objections to and comments on the proposal contained in the written submissions relating to the proposal received by the Commissioner (from any person or organisation) on or before the day specified in the notice given under section 43 at the address specified in the notice have been allowed or accepted, or disallowed or not accepted; and

(b)

give the Minister of Conservation copies of all those submissions.

Schedule 1AC clause 45: inserted, on 18 May 2022, by section 17(2) of the Crown Pastoral Land Reform Act 2022 (2022 No 22).

47 Commissioner to consider submissions

(1)

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

(a)

all matters raised by the iwi authority concerned during consultation on the preliminary proposal concerned under section 44; and

(b)

all written submissions relating to that preliminary proposal received by the Commissioner (from any person or organisation) on or before the day specified in the notice given under section 43 at the address specified in that notice.

(2)

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

Schedule 1AC clause 47: inserted, on 18 May 2022, by section 17(2) of the Crown Pastoral Land Reform Act 2022 (2022 No 22).

62 Final plan to be prepared

(1)

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

(2)

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

(a)

determine whether any of the land needs to be surveyed before the proposal can be given effect to; and

(b)

give the Commissioner written notice—

(i)

of the land that needs to be surveyed; or

(ii)

that none of the land needs to be surveyed.

(3)

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 Cadastral Survey Act 2002.

(4)

Once the Commissioner—

(a)

has complied with subsection (3); or

(b)

has been notified that none of the land needs to be surveyed,—

the Commissioner must—

(c)

have prepared a final plan of all the land to which the proposal relates, showing the various areas to which it relates, and (in respect of each) giving—

(i)

a legal description; and

(ii)

its designation by the proposal; and

(iii)

if it is designated as land to be restored to Crown ownership as a reserve, the purpose of the reserve; and

(d)

submit 2 copies of the plan to the Surveyor-General.

Schedule 1AC clause 62: inserted, on 18 May 2022, by section 17(2) of the Crown Pastoral Land Reform Act 2022 (2022 No 22).

63 Approval of plan

If (and only if) satisfied that—

(a)

the boundaries of the various areas shown on a plan submitted under section 62(4)(d) are, in the light of any discovered imprecisions in the boundaries shown or described in the accepted substantive proposal concerned, as close as may reasonably practicably be achieved to the boundaries shown or described in the proposal; and

(b)

to the extent allowed by the position of the boundaries shown on the plan,—

(i)

the areas they define; and

(ii)

the designations of those areas,—

accurately reflect the proposal,—

the Surveyor-General 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.

Schedule 1AC clause 63: inserted, on 18 May 2022, by section 17(2) of the Crown Pastoral Land Reform Act 2022 (2022 No 22).

64 Commissioner to register accepted proposals and approved plans

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

Schedule 1AC clause 64: inserted, on 18 May 2022, by section 17(2) of the Crown Pastoral Land Reform Act 2022 (2022 No 22).

80 Creation of protective mechanisms

(1)

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,—

(a)

the Commissioner—

(i)

is deemed for the purposes of that section to be the owner of the land; and

(ii)

must promptly give the Minister of Conservation an easement (for a purpose specified in subsection (1) of that section) over it, on the terms and conditions specified in the substantive proposal concerned; and

(b)

the Minister must promptly do all acts necessary to enable the acceptance of the easement.

(2)

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,—

(a)

the Commissioner—

(i)

is deemed for the purposes of that section to be the owner of the land; and

(ii)

must promptly agree with the Minister of Conservation that the Minister should acquire an easement for conservation purposes over it, on the terms and conditions specified in the substantive proposal concerned; and

(b)

the Minister must promptly do all acts necessary to acquire the easement.

(3)

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,—

(a)

the Commissioner—

(i)

is deemed for the purposes of that section to be the owner of the land; and

(ii)

must promptly give the New Zealand Walking Access Commission (established by section 6 of that Act) an easement over it to enable it to be used for a walkway, on the terms and conditions specified in the substantive proposal concerned; and

(b)

the New Zealand Walking Access Commission must promptly do all acts necessary to enable the creation of the easement.

(4)

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,—

(a)

the Commissioner is deemed for the purposes of this subsection to be the owner of the land; and

(b)

the Commissioner must promptly execute an open space covenant in favour of the trust over it, on the terms and conditions specified in the substantive proposal concerned; and

(c)

the board of directors of the Trust is deemed (by virtue of having given its consent under section 40) to have agreed those terms and conditions, and must promptly do everything necessary to enable the creation of the covenant.

(5)

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—

(a)

is deemed for the purposes of that section to be the owner of the land; and

(b)

must promptly create the covenant over the land, on the terms and conditions specified in the substantive proposal concerned.

(6)

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,—

(a)

the Commissioner is deemed for the purposes of that section to be the owner of the land; and

(b)

the Commissioner must promptly execute a heritage covenant over the land in favour of Heritage New Zealand Pouhere Taonga, on the terms and conditions specified in the substantive proposal concerned; and

(c)

the Board of Trustees of the Trust is deemed (by virtue of having given its consent under section 40) to have agreed those terms and conditions, and must promptly do everything necessary to enable the creation of the covenant.

Schedule 1AC clause 80: inserted, on 18 May 2022, by section 17(2) of the Crown Pastoral Land Reform Act 2022 (2022 No 22).

Schedule 1 Consequential amendments to Land Act 1948

s 102

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

Schedule 2 Consequential repeals

s 104

Land Act 1948 (1948 No 64) (RS Vol 23, p 559)

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

Land Amendment Act 1972 (1972 No 73) (RS Vol 23, p 731)
Land Amendment Act 1977 (1977 No 51) (RS Vol 23, p 733)

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

Land Amendment Act 1979 (1979 No 57) (RS Vol 23, p 734)

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

Crown Pastoral Land (Rent for Pastoral Leases) Amendment Act 2012

Public Act
 
2012 No 36
Date of assent
 
7 May 2012
Commencement
 
see section 2
2 Commencement

This Act comes into force on the earlier of—

(a)

the day that is 180 days after the date on which it receives the Royal assent:

(b)

a date appointed by the Governor-General by Order in Council, and 1 or more orders may be made bringing different provisions into force on different dates.

Section 2(b): this Act brought into force, on 6 July 2012, by clause 2 of the Crown Pastoral Land (Rent for Pastoral Leases) Amendment Act Commencement Order 2012 (SR 2012/168).

3 Principal Act amended

This Act amends the Crown Pastoral Land Act 1998.

Part 2 Miscellaneous

7 Transitional provision in respect of Part 1A of Crown Pastoral Land Act 1998 (as inserted by section 6 of this Act)

(1)

Nothing in Part 1A of the Crown Pastoral Land Act 1998 (as inserted by section 6 of this Act) applies to or affects any proceedings instituted or commenced in relation to a pastoral lease before this section comes into force.

(2)

Despite subsection (1), a lessee of a pastoral lease may, by giving notice in writing to the Commissioner of Crown Lands, elect to have the rent for the pastoral lease set under Part 1A of the Crown Pastoral Land Act 1998 (as inserted by section 6 of this Act) if—

(a)

the lease has a rent review date on or after 1 June 2002; and

(b)

the lessee has not—

(i)

had a final determination of rent made under this Act or the Land Act 1948; or

(ii)

reached a final agreement about rent made under this Act or the Land Act 1948.

(3)

If a lessee of a pastoral lease has given notice under subsection (2),—

(a)

Part 1A of the Crown Pastoral Land Act 1998 (as inserted by section 6 of this Act) applies, with any necessary modifications, as if the dates referred to in section 23C were dates determined by the Commissioner; and

(b)

the Commissioner and the lessee may agree—

(i)

on values for b, c, and d in the formulas specified in section 23B of the Crown Pastoral Land Act 1998 (as inserted by section 6 of this Act):

(ii)

to vary the dates or periods of time referred to in any section (other than section 23C) in Part 1A of the Crown Pastoral Land Act 1998 (as inserted by section 6 of this Act):

(iii)

to omit any of the steps or modify any of the processes provided for in sections 23C to 23H of the Crown Pastoral Land Act 1998 (as inserted by section 6 of this Act).

(4)

The Commissioner and the lessee may agree on values for b, c, and d in the formulas specified in section 23B whether or not—

(a)

any relevant regulations or rules have been made under Part 1A of the Crown Pastoral Land Act 1998 (as inserted by section 6 of this Act):

(b)

the Valuer-General has performed any relevant functions or duties or has exercised any relevant powers under Part 1A of the Crown Pastoral Land Act 1998 (as inserted by section 6 of this Act).

Notes
1 General

This is a consolidation of the Crown Pastoral Land Act 1998 that incorporates the amendments made to the legislation so that it shows the law as at its stated date.

2 Legal status

A consolidation is taken to correctly state, as at its stated date, the law enacted or made by the legislation consolidated and by the amendments. This presumption applies unless the contrary is shown.

Section 78 of the Legislation Act 2019 provides that this consolidation, published as an electronic version, is an official version. A printed version of legislation that is produced directly from this official electronic version is also an official version.

3 Editorial and format changes

The Parliamentary Counsel Office makes editorial and format changes to consolidations using the powers under subpart 2 of Part 3 of the Legislation Act 2019. See also PCO editorial conventions for consolidations.

4 Amendments incorporated in this consolidation

Crown Pastoral Land Reform Act 2022 (2022 No 22): Part 1

Te Ture mō te Hararei Tūmatanui o te Kāhui o Matariki 2022/Te Kāhui o Matariki Public Holiday Act 2022 (2022 No 14): wehenga 7/section 7

Secondary Legislation Act 2021 (2021 No 7): section 3

Public Service Act 2020 (2020 No 40): section 135

Land Transfer Act 2017 (2017 No 30): section 250

District Court Act 2016 (2016 No 49): section 261

Heritage New Zealand Pouhere Taonga Act 2014 (2014 No 26): section 107

Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 (2013 No 19): section 8

Crown Pastoral Land (Rent for Pastoral Leases) Amendment Act 2012 (2012 No 36)

Walking Access Act 2008 (2008 No 101): section 82

Property Law Act 2007 (2007 No 91): section 364(1)