This page last modified 16 September 1998

Crown Pastoral Land Act 1998 Analysis & Interpretation

 

PART 1:
Pastoral Leases and Occupation Licences

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 Bill

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

Land Amendment Act 1998

Hansard 6 April 1995
Hansard 7 May 1998
Hansard 27 May 1998
Hansard 28 May 1998
Hansard 17 June 1998

 


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