Crown Pastoral Land Reform Bill

8 Part 1 replaced

Replace Part 1 with:

Part 1 Pastoral leases and occupation licences

Subpart 1—Outcomes, activities on pastoral land, and decision-making process

Outcomes

4 Outcomes for decision-makers

(1)

All persons performing or exercising the Crown’s functions, duties, or powers in relation to pastoral land under this Act or the Land Act 1948 must seek to achieve the following:

(a)

maintaining or enhancing inherent values across the Crown pastoral estate for present and future generations, while providing for ongoing pastoral farming of pastoral land; and

(b)

supporting the Crown in its relationships with Māori under te Tiriti o Waitangi/the Treaty of Waitangi; and

(c)

enabling the Crown to get a fair return on its ownership interest in pastoral land.

(2)

Subsection (1)(c) applies only to functions, duties, or powers that relate to rents, easements, or commercial recreation permits in respect of pastoral land.

5 Māori interests

(1)

In achieving the purpose of this Act order to recognise and respect the Crown’s responsibility to give effect to the principles of te Tiriti o Waitangi/the Treaty of Waitangi, the Crown—

(a)

must recognise and provide for the relationship of Māori and their culture and traditions with their ancestral lands, water, mahinga kai, wāhi tapu, and other taonga in any case where—

(i)

consent for a discretionary pastoral activity is sought; or

(ii)

a commercial recreation permit over pastoral land is sought; or

(iia)

an easement over pastoral land is sought; or

(iii)

a stock limitation exemption or a variation or revocation of a stock limitation exemption is sought (except a grant, variation, or revocation made under section 16(4)); or

(iv)

a protective mechanism is being considered; and

(b)

must consult Māori in accordance with this Act (see sections 22B (monitoring framework), 22D (strategic intentions document), and 100O (standards and directives)).

(b)

must consult, in accordance with this Act (see sections 22B, 22D, 100L, 100LA, 100N, and 100O), iwi whose takiwā include pastoral land.

(2)

In subsection (1)(b), takiwā means

(a)

the takiwā of Ngāi Tahu Whānui as defined in section 5 of the Te Runanga o Ngai Tahu Act 1996; and

(b)

the respective areas of interest described in the deeds of settlement within the meaning of section 20(2) of the Ngāti Apa ki te Rā Tō, Ngāti Kuia, and Rangitāne o Wairau Claims Settlement Act 2014, section 23(2) of the Ngāti Kōata, Ngāti Rārua, Ngāti Tama ki Te Tau Ihu, and Te Ātiawa o Te Waka-a-Māui Claims Settlement Act 2014, and section 14(2) of the Ngati Toa Rangatira Claims Settlement Act 2014.

Classification of activities on pastoral land

6 Classification of pastoral activities on pastoral land

(1)

Pastoral activities described in sections 7 to 9

(a)

are classified as set out in Schedule 1AB:

(b)

if neither permitted pastoral activities nor prohibited pastoral activities, may be undertaken on pastoral land only with the consent of the Commissioner under section 11.

(1)

Pastoral activities described in section 7 or 8 of this Act, or in section 100 of the Land Act 1948, are classified as set out in Schedule 1AB.

(1A)

A lessee or licensee of pastoral land must obtain the Commissioner’s consent to undertake a pastoral activity if required by section 7 or 8.

(2)

The following classifications apply to pastoral activities on pastoral land:

(a)

permitted pastoral activities that may be undertaken on pastoral land with any necessary permission under any other enactment (see section 21 and Part 1 of Schedule 1AB):

(b)

discretionary pastoral activities that may be undertaken on pastoral land only with the consent of the Commissioner under section 11 and with any necessary permission under any other enactment (see sections 10 and 21 and Part 2 of Schedule 1AB):

(c)

prohibited activities that must not be undertaken on pastoral land and may not be applied for or consented to (see Part 3 of Schedule 1AB).

(3)

Any question arising as to the class within which any pastoral activity falls must be decided by the Commissioner, whose decision is final, and sections 17 and 18 of the Land Act 1948 do not apply to that decision.

(4)

Schedule 1AB may be amended by Order in Council (see section 100L).

Provision relating to burning

7 Burning of vegetation

(1)

A lessee or licensee of pastoral land must not undertake any pastoral activity that involves burning any vegetation on the land (whether felled or not), or cause or permit any vegetation on the land to be burned, except in accordance with subsection (2).

(2)

The lessee or licensee may undertake the pastoral activity if

(a)

the pastoral activity is for the time being classified as a permitted pastoral activity in Part 1 of Schedule 1AB; or

(b)

the Commissioner has consented to the pastoral activity under section 11, and the lessee or licensee complies with the terms and conditions of the Commissioner’s consent and obtains any necessary permission under any other enactment (see section 21).

(3)

A lessee or licensee must not undertake any pastoral activity described in subsection (1) if that pastoral activity is for the time being classified as a prohibited pastoral activity, and may not apply for consent to do so under section 11 while that classification applies.

(4)

In this section, vegetation does not include timber.

7 Burning of vegetation

(1)

This section applies to any pastoral activity that involves burning any vegetation on the land (whether felled or not).

(2)

A lessee or licensee of pastoral land

(a)

may undertake the pastoral activity, or cause it to be undertaken, if the activity is classified as a permitted pastoral activity in Part 1 of Schedule 1AB:

(b)

must not undertake the pastoral activity, or cause it to be undertaken, without the Commissioner’s consent under section 11 if the activity is classified in Part 2 of Schedule 1AB as a discretionary pastoral activity or is not classified anywhere in that schedule:

(c)

must not undertake the pastoral activity, or cause it to be undertaken, if the activity is classified as a prohibited pastoral activity in Part 3 of Schedule 1AB.

(3)

In this section, vegetation does not include timber.

Provisions relating to disturbance of soil

8 Activities affecting or disturbing soil

(1)

A lessee or licensee of pastoral land must not undertake any pastoral activity described in subsection (2) on the land, except in accordance with subsection (3).

(2)

The activities are

(a)

clearing or felling any vegetation:

(b)

cropping, cultivating, draining, or ploughing:

(c)

top-dressing:

(d)

sowing with seed:

(e)

planting any vegetation:

(f)

forming any path, road, or track:

(g)

undertaking any other activity that affects, involves, or causes disturbance to, the soil.

(3)

The lessee or licensee may undertake the pastoral activity if

(a)

the pastoral activity is for the time being classified as a permitted pastoral activity in Part 1 of Schedule 1AB; or

(b)

the Commissioner has consented to the pastoral activity under section 11, and the lessee or licensee complies with the terms and conditions of the Commissioner’s consent and obtains any necessary permission under any other enactment (see section 21).

(4)

A lessee or licensee must not undertake any pastoral activity described in subsection (2) if that pastoral activity is for the time being classified as a prohibited pastoral activity, and may not apply for consent to do so under section 11 while that classification applies.

9 Further provisions relating to section 8

(1)

A consent under section 11 to undertake an activity referred to in section 8 may include provisions setting out the terms of any

(a)

ongoing maintenance of the works formed by the activity:

(b)

ongoing programme to maintain the pasture created or enhanced by the activity.

(2)

Anything done under the consent is subject to every condition, direction, and restriction that forms part of the Commissioner’s consent.

(3)

For the purposes of this section (but not subsection (1)), every consent given under section 106 or 108 of the Land Act 1948 has effect according to its tenor as if it were a discretionary pastoral activity consented to under section 11.

(4)

This section does not forbid or prevent the doing of anything authorised

(a)

by or under the Public Works Act 1981 or the Crown Minerals Act 1991; or

(b)

under the Mining Act 1971.

(5)

Nothing in this section limits or affects the application or effect of section 100 of the Land Act 1948 (which relates to the preservation of timber).

8 Activities affecting or disturbing soil

(1)

This section applies to any pastoral activity that affects or disturbs the soil of pastoral land.

(2)

A lessee or licensee of pastoral land

(a)

may undertake the pastoral activity, or cause it to be undertaken, if the activity is classified as a permitted pastoral activity in Part 1 of Schedule 1AB:

(b)

must not undertake the pastoral activity, or cause it to be undertaken, without the Commissioner’s consent under section 11 if the activity is classified in Part 2 of Schedule 1AB as a discretionary pastoral activity or is not classified anywhere in that schedule:

(c)

must not undertake the pastoral activity, or cause it to be undertaken, if the activity is classified as a prohibited pastoral activity in Part 3 of Schedule 1AB.

(3)

Any ongoing maintenance authorised by a consent under section 11 may continue to be undertaken in accordance with the consent.

(4)

A consent under section 11 to undertake an activity to which this section applies may include provisions setting out the terms of any

(a)

ongoing maintenance of the works formed by the activity:

(b)

ongoing programme to maintain the pasture created or enhanced by the activity.

(5)

Anything done under the consent is subject to every condition, direction, and restriction that forms part of the Commissioner’s consent.

(6)

For the purposes of this section (but not subsection (1)), every consent given under section 106 or 108 of the Land Act 1948 has effect according to its tenor as if it were a discretionary pastoral activity consented to under section 11.

(7)

This section does not forbid or prevent the doing of anything authorised

(a)

by or under the Public Works Act 1981 or the Crown Minerals Act 1991; or

(b)

under the Mining Act 1971.

(8)

Nothing in this section limits or affects the application or effect of section 100 of the Land Act 1948 (which relates to the preservation of timber).

Process for applications to undertake activities on pastoral land

10 Application process

(1)

An applicant who wishes to undertake any activity on pastoral land must provide sufficient information to enable the Commissioner to assess the application under section 12 or 13 (as the case may be).

(1)

An applicant who applies for consent to undertake a discretionary pastoral activity or for the grant of a commercial recreation permit under section 66A of the Land Act 1948 must provide sufficient information to enable the Commissioner to assess the application under sections 11 to 13 and Schedule 1ABA.

(2)

The Commissioner may decline to accept an application if the Commissioner thinks that the information provided with the application is insufficient or, alternatively, may obtain further information that the Commissioner thinks necessary to make a decision under section 11 assess the application under sections 11 to 13 and Schedule 1ABA.

(3)

When assessing an application, the Commissioner may obtain any advice the Commissioner thinks necessary in order to make a decision under section 11.

Process for Commissioner’s decision

11 Commissioner’s decision

(1)

This section applies if the Commissioner accepts an application under section 10.

(2)

The Commissioner must, in accordance with this section and (as applicable) sections 12 and 13 and Schedule 1ABA,

(a)

either—

(i)

decline to grant the application; or

(ii)

grant the application wholly or in part, with or without any conditions, limitations, directions, or restrictions that the Commissioner thinks necessary, including for the purpose of reducing the adverse effects on inherent values; and

(b)

if they grant the application, specify the period within which the activity must be carried out.

(2A)

Before making a decision, the Commissioner must consult the Director-General of Conservation.

(3)

In deciding whether to grant an application, the Commissioner—

(a)

must apply the discretionary decision-making test in section 12 (if the activity is a discretionary pastoral activity) or section 13 (if the activity requires a recreation permit under section 66A of the Land Act 1948); and

(b)

must consider current Government policy, except where the policy is inconsistent with this Act; and

(a)

must be satisfied that

(i)

the inherent values likely to be affected by the proposed activity and the importance of those values have been identified; and

(ii)

the level of adverse effects of the proposed activity on those inherent values (with regard to the importance of those values) has been identified, including whether the effects could be avoided, remedied, or mitigated; and

(iii)

any reasonable alternative to the proposed activity that has lesser adverse effects on inherent values has been considered; and

(aa)

must not consider offsetting, including as a way of counterbalancing adverse effects on inherent values, when determining the level of adverse effects on inherent values; and

(b)

may consider relevant Government policy decided by Cabinet, in particular policy that relates to national directions (such as national policy statements and national environmental standards); and

(c)

may consider any plan for the management of part or all of the land subject to the reviewable lease or licence; and

(d)

may consider cross-boundary effects of the activity on neighbouring persons or on any neighbouring land (whether or not the land is subject to a pastoral lease or any other form of tenure); and

(e)

may consider New Zealand’s commitment to reducing greenhouse gas emissions, where this is consistent with the outcomes stated in this Act; and

(f)

must consider the level of adverse effects and the importance of the inherent values; and

(g)

may consider any other matter the Commissioner considers relevant to determine the application.

(4)

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

(5)

Nothing in this section requires the Commissioner to consent to a proposed discretionary pastoral activity in any case.

(6)

In this section and sections 12, 13, and 16, grant the applicationgrant,—

(a)

in relation to an application for a discretionary pastoral activity, means to consent to the activity:

(b)

in relation to an application for a commercial recreation permit, means to grant the permit:

(c)

in relation to an application for an exemption from a stock limitation or the variation or revocation of an exemption, means to grant, vary, or revoke the exemption (see section 16).

12 Discretionary decision-making test for discretionary pastoral activities

(1)

The Commissioner decides whether to consent to a discretionary pastoral activity on any pastoral land as follows:

(a)

they may decline to consent to the pastoral activity if satisfied that there is a reasonable alternative to the activity that has lesser adverse effects on inherent values:

(b)

they may consent to the pastoral activity if they decide under Step 1 (subsections (3) and (4)) that the activity has no more than minor adverse effects after actions have been taken to avoid, remedy, or mitigate the effects:

(c)

they must decline to consent to the pastoral activity if they decide that,

(i)

in accordance with Step 1, the activity has more than minor adverse effects; and

(ii)

in accordance with Step 2 (subsections (5) and (6)), the activity is not necessary to enable the leaseholder or licensee to exercise their rights or obligations under their lease or licence:

(d)

they may consent to the pastoral activity if they decide that,

(i)

in accordance with Step 1, the activity has more than minor adverse effects; and

(ii)

in accordance with Step 2, the activity is necessary to enable the leaseholder or licensee to exercise their rights and obligations under their lease or licence.

(2)

The Commissioner must consider all relevant matters under section 11(3) before deciding whether to consent to any discretionary pastoral activity.

Step 1

(3)

The Commissioner must decide if the adverse effects arising from the pastoral activity, after actions have been taken to avoid, remedy, or mitigate the effects, will be no more than minor.

(4)

For the purpose of subsection (3),

(a)

the Commissioner must be satisfied that

(i)

the inherent values likely to be affected by the pastoral activity and the importance of those values have been identified; and

(ii)

the level of adverse effects (including cumulative effects) of the pastoral activity on those inherent values (with regard to the importance of those values) has been identified, including whether the effects could be avoided, remedied, or mitigated; and

(iii)

any reasonable alternative to the pastoral activity that has lesser adverse effects has been considered:

(b)

offsetting, including as a way of counterbalancing adverse effects, is not a relevant consideration in deciding the adverse effects.

Step 2

(5)

If the Commissioner decides that the pastoral activity has more than minor adverse effects in accordance with Step 1, they must not consent to the activity unless satisfied that the activity is necessary to enable the leaseholder or licensee to exercise their rights and obligations under their lease or licence, taking into account 1 or more of the following:

(a)

whether the pastoral activity forms part of the periodic clearance of vegetation as part of a regular cycle to maintain existing pasture created by oversowing, top-dressing, or cultivation:

(b)

whether the pastoral activity is required to provide reasonable access by way of tracks to areas of the land that are currently subject to a programme of oversowing or top-dressing for the grazing of livestock:

(c)

whether the pastoral activity is required to use, maintain, or replace consented existing infrastructure or buildings:

(d)

whether the pastoral activity contributes to the leaseholder or licensee meeting their obligations under their lease or licence or other enactments:

(e)

whether the pastoral activity is required to address an exceptional circumstance, for example, where there is a significant risk to the health or safety of the holder of the lease or licence or their stock:

(f)

any other relevant considerations.

(6)

For the purpose of deciding whether the activity is necessary to enable the leaseholder or licensee to exercise their rights and obligations under their lease or licence, the following are not relevant considerations:

(a)

the financial viability of farming under that lease or licence, or the economic sustainability of the pastoral farming enterprise:

(b)

any economic benefits associated with undertaking that activity.

13 Discretionary decision-making test for recreation permits

(1)

The Commissioner decides whether to grant a recreation permit over pastoral land under section 66A of the Land Act 1948 as follows:

(a)

they may decline to grant the permit if satisfied that there is a reasonable alternative to the proposed activity that has lesser adverse effects on inherent values:

(b)

they may grant the permit if they decide under Step 1 (subsections (3) and (4)) that the proposed activity has no more than minor adverse effects:

(c)

they must decline to grant the permit if they decide that,

(i)

in accordance with Step 1, the proposed activity has more than minor adverse effects; and

(ii)

in accordance with Step 2 (subsection (5)), the proposed activity does not meet the requirements of that subsection:

(d)

they may grant the permit if they decide that,

(i)

in accordance with Step 1, the proposed activity has more than minor adverse effects; and

(ii)

in accordance with Step 2, the proposed activity meets the requirements in subsection (5).

(2)

The Commissioner must consider all relevant matters under section 11(3) before deciding whether to grant a recreation permit.

Step 1

(3)

The Commissioner must decide if the adverse effects arising from the proposed activity, after actions have been taken to avoid, remedy, or mitigate the effects, will be no more than minor.

(4)

For the purpose of subsection (3),

(a)

the Commissioner must be satisfied that

(i)

the inherent values likely to be affected by the proposed activity and the importance of those values have been identified; and

(ii)

the level of adverse effects (including cumulative effects) of the proposed activity on those inherent values (with regard to the importance of those values) has been identified, including whether the effects could be avoided, remedied, or mitigated; and

(iii)

any reasonable alternative to the proposed activity that has lesser adverse effects has been considered:

(b)

offsetting, including as a way of counterbalancing adverse effects, is not a relevant consideration in determining the adverse effects.

Step 2

(5)

If the Commissioner decides that the proposed activity has more than minor adverse effects in accordance with Step 1, they must not grant the permit unless satisfied that the activity

(a)

is an existing activity that previously has been allowed to be undertaken on the pastoral land under a recreation permit or other consent, right, or licence granted by the Commissioner; and

(b)

if it is an activity that uses infrastructure or buildings, uses consented existing infrastructure or buildings.

12 Decision-making criteria: consent for discretionary pastoral activity

(1)

The Commissioner decides whether to grant an application as follows:

(a)

they may decline the application if satisfied that there is a reasonable alternative to the proposed activity that has lesser adverse effects on inherent values:

(b)

they may grant the application if they decide that the proposed activity has no more than minor adverse effects on inherent values after actions have been taken to avoid, remedy, or mitigate the effects:

(c)

they must decline the application if they

(i)

decide that the proposed activity has more than minor adverse effects on inherent values; and

(ii)

are not satisfied under subsections (2) and (3) that the application should be granted:

(d)

they may grant the application if they

(i)

decide that the proposed activity has more than minor adverse effects on inherent values; and

(ii)

are satisfied under subsections (2) and (3) that the application should be granted.

(2)

Before granting an application for a proposed activity that has more than minor adverse effects on inherent values, the Commissioner must be satisfied that the activity is necessary to enable the lessee or licensee to exercise their rights and obligations under their lease or licence, taking into account 1 or more of the criteria set out in Schedule 1ABA.

(3)

For the purpose of deciding whether the activity is necessary to enable the lessee or licensee to exercise their rights and obligations under their lease or licence, the Commissioner may consider any economic benefits associated with undertaking that activity only to the extent that those benefits relate to the ongoing financial viability of the pastoral farming enterprise.

13 Decision-making criteria: grant of commercial recreation permit

(1)

The Commissioner decides whether to grant an application for a commercial recreation permit as follows:

(a)

they may decline the application if satisfied that there is a reasonable alternative to the proposed activity that has lesser adverse effects on inherent values:

(b)

they may grant the application if they decide that the proposed activity has no more than minor adverse effects on inherent values after actions have been taken to avoid, remedy, or mitigate the effects:

(c)

they must decline the application if they

(i)

decide that the proposed activity has more than minor adverse effects on inherent values; and

(ii)

are not satisfied under subsection (2) that the application should be granted:

(d)

they may grant the application if they

(i)

decide that the proposed activity has more than minor adverse effects on inherent values; and

(ii)

are satisfied under subsection (2) that the application should be granted.

(2)

Before granting the application, the Commissioner must be satisfied that the proposed activity

(a)

is an existing activity that

(i)

previously has been allowed to be undertaken on the pastoral land under a commercial recreation permit or other consent, right, or licence granted by the Commissioner; and

(ii)

uses existing infrastructure or buildings previously consented to by the Commissioner; or

(b)

will use existing infrastructure or buildings previously consented to by the Commissioner, even though the proposed activity is different from the activity for which that previous consent was granted; or

(c)

is necessary in order to enable the continued use of existing infrastructure or buildings previously consented to by the Commissioner.

Subpart 2—Tenure and related provisions

Pastoral leases

14 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.

15 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.

16 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)

Sections 10 to 12 apply to a decision by the Commissioner to grant, vary, or revoke an exemption from any stock limitation as if it were an application for a discretionary pastoral activity, except in the case of a lease transfer as provided for in subsection (4).

(4)

The Commissioner may, at the time that or as soon as practicable after a lease is transferred under section 89 of the Land Act 1948, grant, vary, or revoke an exemption from a stock limitation that provides for stock numbers and types equal to, or lower than, the previous holder’s exemption, after considering—

(a)

whether the leaseholder lessee is capable of managing the number of stock that the previous leaseholder lessee had on the lease; and

(b)

whether the land in its current state is capable of sustaining the number and types of stock in the previous exemption; and

(c)

other relevant matters.

(5)

Subsection (2) is for the avoidance of doubt.

(6)

Subsections (1) to (4) 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.

17 Renewal of lease after expiry

(1)

Subsection (2) applies 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.

(2)

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

18 Belated exchange of pastoral leases for reviewable leases

(1)

Subsection (2) applies 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 the land 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 reviewable lease to the holder under section 126A of the Land Act 1948, in exchange for the pastoral lease; and

(iii)

no reviewable lease had in fact been issued; and

(c)

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

(2)

The Commissioner may, under the Land Act 1948, with the consent of the State enterprise concerned, grant a reviewable 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 that section 126A were still in force.

(3)

If a reviewable lease is granted under subsection (2),—

(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 activity that affects the pastoral lease in exchange for which it has been granted, and that occurs after the agreement to grant a reviewable lease in exchange for it, is deemed to have had effect as a transfer of or other dealing with or activity that affects it.

(4)

The granting of a reviewable lease under subsection (2) is a disposition for the purposes of section 24 of the Conservation Act 1987.

Occupation licences

19 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.

20 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)

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

Permission under other enactments

21 Permission under other enactments still needed

(1)

This section applies if—

(a)

any other enactment provides that a person must obtain permission under that enactment before undertaking an activity that is contrary to that enactment; and

(b)

the activity concerned is a permitted pastoral activity or discretionary pastoral activity under this Act.

(2)

Nothing in this section prevents the Commissioner from consenting to a discretionary pastoral activity applied for under section 10.

(3)

However, the authority conferred by this Act to undertake a permitted pastoral activity or discretionary pastoral activity does not in itself allow the person to undertake the activity without the required permission under the other enactment.

(4)

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

Provisions relating to boundaries and stock movement

22 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.

22A 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.

Subpart 3—Monitoring, strategic intentions, and reporting

Monitoring

22B Chief executive to prepare monitoring framework

(1)

The chief executive must—

(a)

prepare, regularly update, and make available to the public a framework (the monitoring framework) for the overall performance of the department in relation to the purpose of this Act and the exercise of the department’s stewardship responsibilities (under section 32 of the State Sector Act 1988) in relation to this Act; and

(b)

regularly report on performance against the monitoring framework in relation to the purpose of this Act and those stewardship responsibilities.

(2)

In developing the monitoring framework, the chief executive

(a)

must consult relevant iwi and representatives of holders of leases or licences; and

(b)

may consult other stakeholders and the public.

(2)

In developing the monitoring framework, the chief executive must

(a)

consult relevant iwi and representatives of lessees and licensees of pastoral land; and

(b)

publish the draft monitoring framework on the department’s Internet site and invite the public to give or send their written submissions on the draft document before it is finalised.

(3)

The first monitoring framework must be prepared and made available to the public not later than 18 months after this section comes into force.

22C Commissioner to monitor compliance by holders of reviewable leases or licences

The Commissioner must monitor the compliance by—

(a)

holders of reviewable leases or licences of their obligations under their leases or licences, stock limitation exemptions under section 16, and any relevant decision under section 11; and

(b)

any person granted an easement (under section 60(1) of the Land Act 1948) or a commercial recreation permit (under section 66A of that Act) over pastoral land of their obligations under the easement or commercial recreation permit.

Crown’s pastoral land strategic intentions document and reporting requirements

22D Strategic intentions document

(1)

The chief executive and the Commissioner must prepare a document setting out the Crown’s pastoral land strategic intentions (the strategic intentions document).

(2)

The strategic intentions document must set out—

(a)

how the chief executive and the Commissioner propose to perform or exercise their relevant statutory functions, duties, and powers in relation to pastoral land; and

(b)

how Government policies and priorities will be reflected in the management of pastoral land (to the extent they are consistent with relevant legislation); and

(c)

relevant key performance indicators to demonstrate how the performance or exercise of the functions, duties, and powers is contributing to achieving the outcomes stated in section 4.

(3)

The strategic intentions document must be updated at least once every 3 5 years, or sooner at the request of the Minister.

(4)

In developing the strategic intentions document, the chief executive and the Commissioner

(a)

must consult relevant iwi and representatives of holders of reviewable leases or licences; and

(b)

may consult other stakeholders and the public.

(4)

In developing the strategic intentions document, the chief executive or the Commissioner must

(a)

consult relevant iwi and representatives of lessees and licensees of pastoral land; and

(b)

publish the draft strategic intentions document on the department’s Internet site and invite the public to give or send their written submissions on the draft document before it is finalised.

(5)

The chief executive and the Commissioner must report annually to the Minister on progress against the strategic intentions document and the chief executive must include that report into the department’s annual report.

(6)

The first strategic intentions document must be prepared and made available to the public not later than 18 months after this section comes into force.

22E Reporting requirements Commissioner must report summary of certain decisions

(1)

The Commissioner must publish on the department’s Internet site, as soon as practicable after it is made, a detailed summary of—

(a)

every decision of the Commissioner under this Act or the Land Act 1948 that relates to the use of pastoral land (including a decision that relates to a lease, a licence, a commercial recreation permit, an easement, or an exemption from a stock limitation), other than a decision subject to a rehearing under section 17 of the Land Act 1948; and

(b)

every decision of the Commissioner that determines an application for a rehearing under section 17 of the Land Act 1948 (including a decision not to grant a rehearing) of a decision on an application to undertake a discretionary pastoral activity, and the original decision to which the application for a rehearing relates.

(2)

The summary should set out details of—

(a)

what the decision relates to; and

(b)

what the decision enables or does not enable (including any conditions imposed by the decision); and

(c)

the reasons for the decision.

(3)

The Commissioner must, as soon as practicable, publish on the department’s Internet site a summary of enforcement decisions that sets out the nature of the non-compliance and the reasons for taking enforcement action.

(4)

The Commissioner may defer or dispense with publication of a matter under this section (in whole or in part) if satisfied on reasonable grounds that good reason for withholding the publication would exist under the Official Information Act 1982.

(5)

For the purposes of subsection (3), an enforcement decision is a decision under—

(a)

section 100A to recover the costs of remedial action:

(b)

section 100B to accept an enforceable undertaking:

(c)

section 100G to issue an infringement notice:

(d)

section 100K to enforce a breach of statutory or contractual provisions.

Subpart 4—Application of Land Act 1948

23 Application of Land Act 1948 to this Part

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