Crown Pastoral Land Act 1998

Reprint as at 20 May 2014

Crown Pastoral Land Act 1998

Public Act1998 No 65
Date of assent23 June 1998
Commencement23 June 1998

Note

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

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

This Act is administered by Land Information New Zealand.


Contents

Title

1 Short Title

2 Interpretation

3 Act binds the Crown

Part 1
Pastoral leases and occupation licences

Pastoral leases

4 Tenure

5 Term

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to calculation of rent payable for first 11 years of first renewal of pastoral lease granted before 30 November 1979 [Repealed]

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provisions relating to calculation of rent payable for first 11 years of pastoral lease granted after 29 November 1979 [Repealed]

8 Calculation of rent payable under pastoral leases after first 11 years [Repealed]

9 Stock limitations

10 Renewal of lease after expiry

11 Belated exchange of pastoral leases for renewable leases

Occupation licences

12 Tenure

13 Term and expiry

14 Limited grant of further occupation licence

Pastoral land generally

15 Burning of vegetation

16 Activities affecting or disturbing soil

17 Permission under other enactments still needed

18 Discretionary actions

19 Breaches of statutory or contractual provisions

20 Boundary disputes

21 Boundary adjustments

22 Travelling stock

Application of Land Act 1948

23 Application of Land Act 1948

Part 1A
Setting rents for pastoral leases

23A Purpose of this Part

23B Formula for calculating annual rents for pastoral leases

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

23D Initial assessment of carrying capacity by Crown assessors

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

23F Framework for dispute resolution if lessee rejects initial assessment

23G Duties of parties during dispute resolution before resolution hearing

23H Resolution hearing

23I Recording and noting carrying capacities

23J Appeals on questions of law

23K Exclusion from liability

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

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

23N Regulation-making power

23O Rule-making power

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

23Q Service of notices

Part 2
Tenure reviews

General

24 Objects of Part 2

25 Matters to be taken into account by Commissioner

26 Consultation

Tenure reviews

27 Commissioner may undertake reviews of land held under pastoral lease

28 Inclusion of land held under occupation licence

29 Inclusion of unused Crown land

30 Inclusion of freehold land

31 Inclusion of conservation area and reserve

32 Administration of reviews

33 Discontinuance of reviews

Preliminary proposals

34 Preliminary proposals may be put to holders

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

36 Qualified designations

37 Designation of conservation area

38 Designation of reserves

39 Information to be included in respect of concessions

40 Protective mechanisms

41 Provisional consent of Minister of Conservation needed for some designations

42 Proposal may be conditional on acceptance by other holders

43 Commissioner to give notice of preliminary proposals

44 Consultation with iwi authority

45 Information to be given to Minister of Conservation

Substantive proposals

46 Substantive proposals may be put to holders

47 Commissioner to consider submissions

Duties of Minister of Conservation in relation to proposed concessions

48 Consent of Minister of Conservation needed for proposed concessions

49 No consent to easement if other concession more appropriate

50 No consent if inadequate information provided

51 Matters to be considered

52 Proposed concessions over marginal strip

53 Conditions generally

54 Rents, fees, and royalties

55 Term

Duty of Minister of Conservation in relation to proposed exchanges of conservation area

56 Consent of Minister of Conservation needed for proposed exchanges of conservation area

Proposal to appoint manager of marginal strip

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

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

58 Proposed disposal of reserve otherwise than by concession

Powers in relation to proposed creation of certain easements and covenants

59 Consent needed for some designations

Acceptance of substantive proposals, and consequences of acceptance

60 Acceptances

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

62 Final plan to be prepared

63 Approval of plan

64 Commissioner to register accepted proposals and approved plans

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

66 Land vesting as conservation area subject to granting of concession

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

68 Land vesting as reserve subject to granting of concession

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

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

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

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

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

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

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

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

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

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

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

80 Creation of protective mechanisms

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

82 Payments to the Crown

Part 3
Reviews of other Crown land

General

83 Objects of Part 3

84 Matters to be taken into account by Commissioner

85 Consultation

Procedure

86 Commissioner to review certain Crown land

87 Provisional consent of Minister of Conservation needed for some designations

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

89 Commissioner may adopt substantive proposals

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

91 Consent of Minister of Conservation needed for some designations

Effect of substantive proposals

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

93 Creation of protective mechanisms

94 Disposal

Part 4
Provisions applicable to all reviews

95 Improvements on land held under occupation licence

96 Implementation not subdivision

97 Sustainable management covenants

98 Application of sections 25 and 84 to section 97

99 Commissioner to meet certain official costs

100 Application of sections 17 and 18 of Land Act 1948

Part 5
Savings, and consequential amendments and repeals

101 Savings

102 Consequential amendments to Land Act 1948

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

104 Consequential repeals

Schedule 1
Consequential amendments to Land Act 1948

Schedule 2
Consequential repeals

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

Reprint notes


An Act—

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

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

  • (c) otherwise to provide for the administration of Crown pastoral land