This page last modified 16 September 1998
Crown Pastoral Land Act 1998 Analysis & Interpretation
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.
Cf. 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.
Cf. 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---To the extent only that the land
held under a pastoral lease granted before 30 November 1979 is
pastoral land, the yearly rent payable in respect of any of the
period comprising the first 11 years of its first renewal must
continue to be calculated as if the reference in Part VIII of
the Land Act 1948 to the proportion of 4[1/2] percent were a reference
to the proportion of 1.5%; but---
(a) The rental value of that
pastoral land continues not to include any potential value it
may have---
(i) For subdivision for building purposes; or
(ii) For commercial or industrial use; and
(b) The holder continues not to be entitled to any rebate in respect of the payment of any amount of rent falling due during that period.
Cf. 1948, No. 64, ss. 66 (7), (8)
7. Special provisions relating to calculation of rent payable
for first 11 years of pastoral lease granted after 29 November
1979---To the extent only that the land held under a pastoral
lease granted after 29 November 1979 is pastoral land, the yearly
rent payable under it for the period between---
(a) Its commencement; and
(b) The expiration of 11 years
from 1 January or 1 July (whichever is the sooner) next following
its commencement,---
continues to be 2.25% of the land's rental value, as determined
by the former Land Settlement Board (or, as the case requires,
the Commissioner) at the time the lease was granted.
Cf. 1948, No. 64, s. 66 (5), (7)
8. Calculation of rent payable under pastoral leases after first 11 years---Subject to section 6, to the extent only that the land held under it is pastoral land, the yearly rent payable under a pastoral lease for every period of 11 years after the expiration of 11 years from1 January or 1 July (whichever is the sooner) next following its commencement must continue to be calculated as for the renewal of a renewable lease; but---
(a) As if the references in Part VIII of the Land Act 1948 to 4[1/2] percent were references to 2.25%; and
(b) With the rental value of
the land ascertained under section 131 of that Act not including
any potential value that the land may have---
(i) For subdivision for building purposes; or
(ii) For commercial or industrial use.
Cf. 1948, No. 64, s. 66 (7)
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.
Cf. 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.
Cf. 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.
Cf. 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
Act1948, subsection (4) has effect accordingly.
(6) Subsection (1) does not
forbid or prevent the doing of any thing authorised---
(a) By or under the Public Works Act 1981 or the Crown Minerals
Act1991; or
(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.
Cf. 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 a 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, a 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) Section 118 of the Property Law Act 1952 is 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.
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.
Cf. 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.
Cf. 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).
Cf. 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.
Crown Pastoral Land Act 1998 Analysis & Interpretation
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