This page last modified 16 September 1998
ANALYSIS
Analysis
Title
1 Short Title
2 Interpretation
3 Act binds the Crown
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
7 Special provisions relating to calculation of rent payable
for first 11 years of pastoral lease granted after 29 November
1979
8 Calculation of rent payable under pastoral leases after
first 11 years
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
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 of Minister of Conservation in Relation to Proposed Creation of Certain Easements and Covenants
59 Consent of Minister of Conservation 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
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
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
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
(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
BE IT ENACTED by the Parliament of New Zealand as follows:
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 63 (whether directly, or by virtue of its application by section 90):
"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:
"Concession'' means---
(a) Concession granted directly under Part IIIB of the Conservation
Act 1987; or
(b) Concession granted under Part IIIB 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 IIIB
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 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:
"Ecosystem'' means a system of interacting living organisms and their environment:
"Grazing permit'' means permit under section 68A of the Land Act1948:
"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:
"The land'', in relation to a reviewable instrument, means all land held under it:
"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:
"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 66AAof 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:
"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 section 8 of the New Zealand
Walkways Act 1990; or
(b) Covenant under section 22 of the Queen Elizabeth the Second
National Trust Act 1977, section 77 of the Reserves Act1977, section
27 of the Conservation Act 1987, or section 6 of the Historic
Places Act 1993; 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:
"Rental value'' means the value of Crown land on which the yearly rent payable under a renewable lease is calculated in accordance with the Land Act 1948:
"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 Act1977:
"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 Act1948:
"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 November1979;
or
(b) Restriction under section 66 (3) of the Land Act 1948 subject
to which a pastoral lease was granted after 29 November 1979:
"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:
"Working day'' means day that is not a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign's birthday, Labour Day, or a day during the period commencing on any Christmas Day and ending with the 15th day of the following January.
3.
Act binds the Crown---This
Act binds the Crown.
Crown Pastoral Land Act 1998 PART 1
Crown Pastoral Land Act 1998 PART 2 ss 24-55
Crown Pastoral Land Act 1998 PART 2 ss 56-82
Crown Pastoral Land Act 1998 PART 3
Crown Pastoral Land Act 1998 PARTS 4 & 5 & SCHEDULES
Hansard 6 April 1995
Hansard 7 May 1998
Hansard 27 May 1998
Hansard
28 May 1998
Hansard
17 June 1998