This page last modified 16 September 1998
Crown Pastoral Land Act 1998 Analysis & Interpretation
Crown Pastoral Land Act 1998 PART 2 ss 56-82
General
24. Objects of Part 2---The objects of this Part are---
(a) To---
(i) Promote the management of reviewable land in a way that is
ecologically sustainable:
(ii) Subject to subparagraph (i), enable reviewable land capable
of economic use to be freed from the management constraints (direct
and indirect) resulting from its tenure under reviewable instrument;
and
(b) To enable the protection
of the significant inherent values of reviewable land---
(i) By the creation of protective mechanisms; or (preferably)
(ii) By the restoration of the land concerned to full Crown ownership
and control; and
(c) Subject to paragraphs (a)
and (b), to make easier---
(i) The securing of public access to and enjoyment of reviewable
land; and
(ii) The freehold disposal of reviewable land.
25. Matters to be taken into
account by Commissioner---(1)
In acting under this Part, the Commissioner must (to the extent
that those matters are applicable) take into account---
(a) The objects of this Part; and
(b) The principles of the Treaty of Waitangi; and
(c) If acting in relation to land used or intended to be used
by the Crown for any particular purpose, that purpose.
(2) In acting under this Part
in relation to any part of the land held under a reviewable instrument
or reviewable instruments, the Commissioner must take the objects
of this Part into account in the light of---
(a) Their application to all the land held under the instrument
or instruments; rather than
(b) Their application to that part of the land alone.
26. Consultation---(1) Before taking any action specified in subsection (3), the Commissioner must consult the Director-General of Conservation.
(2) At any time, the Commissioner may consult any person or body the Commissioner thinks fit (including the Director-General of Conservation) about taking any action specified in subsection (3).
(3) The actions are---
(a) Undertaking a review under section 27:
(b) Putting a preliminary proposal to a person under section 34 (1):
(c) Putting a substantive proposal to a person under section 46.
Tenure Reviews
27. Commissioner may undertake reviews of land held under pastoral lease---On the written invitation or with the written agreement of the holder or holders concerned, the Commissioner may undertake a review of all the land for the time being held under a reviewable lease, or under 2 or more reviewable leases of neighbouring land.
28. Inclusion of land held under occupation licence---On the written invitation or with the written agreement of the licensee or licensees concerned, the Commissioner may include in the review of land held under a reviewable lease or reviewable leases all the land held under 1 or more occupation licences of neighbouring land.
29. Inclusion of unused Crown land---The Commissioner may include in the review of land held under a reviewable lease or reviewable leases any neighbouring unused Crown land.
30. Inclusion of freehold land---If the holder of a reviewable instrument has an estate in fee simple in any neighbouring land, the Commissioner may, with the prior written agreement of the holder include the neighbouring land in a review of land that is or includes the land held under the instrument.
31. Inclusion of conservation area and reserve---With the prior written agreement of the Minister of Conservation, the Commissioner may include in the review of land that is or includes the land held under a reviewable lease any neighbouring conservation area or reserve.
32. Administration of reviews---The Commissioner may, in the Commissioner's
absolute discretion, decide---
(a) How many reviews to undertake:
(b) The order in which reviews are to be undertaken:
(c) The urgency with which any review is to be undertaken:
(d) The resources to be devoted to any review.
33. Discontinuance of reviews---The Commissioner may discontinue a review at any time; and must discontinue a review if asked in writing by the holder, or 1 of the holders, concerned.
Preliminary Proposals
34. Preliminary proposals
may be put to holders---(1)
After completing a review under section 27, the Commissioner may
put a preliminary proposal---
(a) To the holder of the reviewable lease concerned; or
(b) To the holders of all or (as long as at least 1 is a reviewable
lease) some of the reviewable instruments concerned.
(2) A preliminary proposal---
(a) Must deal with all the land held under the reviewable instrument
or instruments to which it relates; and must designate it in accordance
with section 35; and
(b) May deal with any land included in the review concerned that is not held under a reviewable instrument, and must designate it in accordance with sections 35 to 39.
(3) A preliminary proposal put
to the holder of a reviewable instrument must (unless no payment
is proposed) be accompanied by a notice specifying---
(a) All amounts of money proposed to be paid to or by the holder
(including amounts proposed to be paid by way of equality of exchange)
if land designated in the proposal is ultimately dealt with as
it has been designated; and
(b) In respect of each sum specified, the point at which it will become payable.
35. Designation of land held
under reviewable instrument, freehold land, and unused Crown land---(1) This section applies to---
(a) Land held under a reviewable instrument; and
(b) Land held in fee simple; and
(c) Unused Crown land.
(2) A preliminary proposal may
designate all or any part of any land to which this section applies
as---
(a) Land to be restored to or retained in full Crown ownership
and control---
(i) As conservation area; or
(ii) As a reserve, to be held for a purpose specified in the proposal;
or
(iii) For some specified Crown purpose; or
(b) Land to be restored to or
retained in Crown control---
(i) As conservation area; or
(ii) As a reserve, to be held for a purpose specified in the proposal;
or
(iii) For some specified Crown purpose; or
(iv) Under the Land Act 1948; or
(c) Land that may be disposed of to any person.
(3) A preliminary proposal may designate all or any part of any Crown land to which this section applies as land to be disposed of by freehold disposal to a person specified in the proposal.
(4) A preliminary proposal may
designate all or any part of any land held in fee simple as land
to be kept by its owner.
36. Qualified designations---(1) A preliminary proposal designating
land to which section 35 applies as land to be restored to or
retained in Crown control must so designate it subject to 1 or
more of the following things:
(a) The granting of a specified concession to a person specified
in the proposal:
(b) The granting of a specified special lease to a person specified
in the proposal:
(c) The granting of a specified grazing permit to a person specified
in the proposal:
(d) The continuation in force of an existing special lease:
(e) The continuation in force of an existing grazing permit.
(2) If land to which section 35 applies will be marginal strip, a preliminary proposal may designate it as land to be restored to or retained in Crown control as conservation area, subject to the appointment as manager under section 24H (1) of the Conservation Act 1987 of a person specified in the proposal.
(3) A preliminary proposal designating
land to which section 35 applies may designate it subject to any
or all of the following things:
(a) The creation of a sustainable management covenant:
(b) The creation of an easement, in gross, or in favour of adjacent
land (whether or not included in the review out of which the proposal
arises):
(c) The continuation in force of an existing easement.
(4) Subsections (1) to (3) are cumulative.
37. Designation of conservation
area---(1) A preliminary
proposal may designate all or any part of any conservation area
as---
(a) Land that is to remain conservation area; or
(b) Land that is to remain conservation area subject to the granting
to a specified person of a specified concession; or
(c) Land to be disposed of by way of exchange with other land
designated by the proposal, under the Conservation Act 1987.
(2) If it is marginal strip, a preliminary proposal may designate all or any part of any conservation area as land to remain conservation area, subject to the appointment of a specified person as manager under section 24H (1) of the Conservation Act 1987.
38. Designation of reserves---(1) A preliminary proposal may designate
all or any part of any reserve as---
(a) Land that is to remain a reserve; or
(b) Land that is to remain a reserve subject to the granting to
a specified person of a specified concession; or
(c) Land to be disposed of by way of exchange with other land
designated by the proposal, under the Reserves Act 1977.
(2) If (and only if) it is or is part of a recreation reserve that has no administering body, a preliminary proposal may designate all or any part of any reserve as land that is to remain a reserve subject to the granting to a specified person of a specified lease under section 73 of the Reserves Act 1977.
39. Information to be included
in respect of concessions---A
preliminary proposal designating land as land to be restored to
or retained in Crown control, subject to the granting of a concession,
or over which a concession is to be granted, must include (in
respect of each concession, if more than 1 is proposed)---
(a) A description of each proposed activity:
(b) A description identifying the places where each proposed activity
is proposed to be carried out, and indicating the status or proposed
status of each place:
(c) A description of the potential effects of each proposed activity,
and any actions that the proposed grantee of the concession proposes
to take to avoid, remedy, or mitigate any adverse effects:
(d) Details of the proposed type of concession:
(e) A statement of the proposed duration of the concession and
the reasons for the proposed duration:
(f) Relevant information about the proposed grantee, including
information relevant to the grantee's ability to carry out each
proposed activity.
Cf. 1987, No. 65, s. 17S (1)
40. Protective mechanisms---(1) A preliminary proposal may designate
land as---
(a) Land to be restored to or retained in Crown ownership subject
to the granting of a special lease; or
(b) Land to be disposed of to a specified person; or
(c) Land that may be disposed of to any person,---
subject (in addition to any other conditions) to the creation
of 1 or more protective mechanisms, each relating to 1 or more
of the matters specified in subsection (2).
(2) The matters are---
(a) The protection of a significant inherent value of the land
concerned:
(b) The management of the land concerned in a way that is ecologically
sustainable:
(c) Public access across or to the land concerned:
(d) Public enjoyment of the land concerned.
(3) A preliminary proposal may not designate land as land to be disposed of subject to the creation of a covenant under section 22 of the Queen Elizabeth the Second National Trust Act 1977 without the prior written consent of the Queen Elizabeth the Second National Trust.
(4) A preliminary proposal may
not designate land as land to be disposed of subject to the creation
of a covenant under section 77 of the Reserves Act 1977 if---
(a) A local authority or other body approved by the Minister of
Conservation is to be a party to the covenant; and
(b) The local authority or other body has not given its prior
written consent to the designation.
(5) A preliminary proposal may not designate land as land to be disposed of subject to the creation of a covenant under section 6 of the Historic Places Act 1993 without the prior written consent of the New Zealand Historic Places Trust.
41. Provisional consent of
Minister of Conservation needed for some designations---(1) Without the prior written provisional
consent of the Minister of Conservation, a preliminary proposal
may not---
(a) Designate any land to which section 35 applies as land to
be restored to or retained in Crown control as conservation area
or a reserve, subject to the granting of a concession:
(b) Designate any conservation area or reserve as land to remain
conservation area or a reserve, subject to the granting of a concession:
(c) Designate any conservation area as land to be disposed of
by way of exchange:
(d) Designate any conservation area that is marginal strip as
land to remain conservation area, subject to the appointment of
any person as manager under section 24H (1) of the Conservation
Act1987:
(e) Designate any reserve as land to be disposed of by way of
exchange:
(f) Designate any reserve that is or is part of a recreation reserve
as land to be granted by lease under section 73 of the Reserves
Act 1977:
(g) Designate any land to which section 35 applies as land to
be restored to or retained in Crown ownership as conservation
area, subject to the appointment of any person as manager under
section 24H (1) of the Conservation Act 1987:
(h) Designate any land to which section 35 applies as land to
be disposed of to a specified person, or land that may be disposed
of to any person, subject to the creation of a protective mechanism.
(2) The Minister must not consent
provisionally to a designation in a preliminary proposal unless
satisfied that it is reasonably likely that the Minister would
consent to a substantive proposal containing the designation.
42. Proposal may be conditional on acceptance by other holders---A preliminary proposal relating to land held under 2 or more reviewable instruments may (so far as any holder is concerned) be unconditional, or conditional on its acceptance by some other holder or holders.
43. Commissioner to give
notice of preliminary proposals---(1)
The Commissioner must give notice of every preliminary proposal
put under section 34 (1),---
(a) Specifying the land, a day (no sooner than 40 working days
after the publication of the last of the notices to be published),
and an address; and
(b) Describing the proposal in general terms; and
(c) Indicating that any person or organisation may (no later than
the day specified) give or send to the Commissioner at the address
specified a written submission on the proposal.
(2) The notice must not disclose any financial information.
(3) The Commissioner must have
the notice published---
(a) In some newspaper circulating in the area where the land is
situated; and
(b) At least once in a daily newspaper published in Christchurch;
and
(c) At least once in a daily newspaper published in Dunedin.
44. Consultation with iwi
authority---The Commissioner
must---
(a) Have a copy of every notice under section 43 given to the
iwi authority (within the meaning of the Resource Management Act1991)
of the area where the land concerned is situated; and
(b) Consult the authority on the proposal.
45. Information to be given
to Minister of Conservation---The
Commissioner must---
(a) Prepare, and give the Minister of Conservation,---
(i) A summary of all matters raised by an iwi authority during
consultation on a preliminary proposal under section 44; and
(ii) A statement as to the extent to which objections to and comments
on the proposal raised during the consultation have been allowed
or accepted, or disallowed or not accepted; and
(iii) A statement as to the extent to which objections to and
comments on the proposal contained in the written submissions
relating to the proposal received by the Commissioner (from any
person or organisation) on or before the day specified in the
notice given under section 43 at the address specified in the
notice have been allowed or accepted, or disallowed or not accepted;
and
(b) Give the Minister of Conservation copies of all those submissions.
Cf. 1977, No. 66, s. 120 (1) (e)
Substantive Proposals
46. Substantive proposals may be put to holders---(1) If a preliminary proposal has been put to the holder of 1 or more reviewable instruments and notified under section 43, the Commissioner may in writing put to the holder a substantive proposal that is the same as or a modified version of the preliminary proposal.
(2) If a preliminary proposal
has been put to several holders of reviewable instruments and
notified under section 43, the Commissioner may in writing put---
(a) To those holders; or
(b) As long as it or at least 1 of them is a reviewable lease,
to the holder or holders of 1 or more of the instruments,---
a substantive proposal that is (so far as it relates to that holder
or those holders) the same as or a modified version of the preliminary
proposal.
(3) If the substantive proposal designates any land as land that may be disposed of to any person, it must specify the day on which the surrender of the reviewable instrument concerned is to take effect.
(4) A substantive proposal put
to the holder of a reviewable instrument must (unless no payment
is proposed) be accompanied by a notice specifying---
(a) All amounts of money proposed to be paid to or by the holder
(including amounts proposed to be paid by way of equality of exchange)
if land designated in the proposal is ultimately dealtwith as
it has been designated; and
(b) In respect of each sum specified, the point at which it will
become payable;---
and when an approved plan arising out of the proposal is registered,
the notice has effect as a binding contract between the Crown
and the holder, according to its tenor.
47. Commissioner to consider
submissions---(1) The
Commissioner must not put a substantive proposal to any holder
of a reviewable instrument without having considered---
(a) All matters raised by the iwi authority concerned during consultation
on the preliminary proposal concerned under section 44; and
(b) All written submissions relating to that preliminary proposal
received by the Commissioner (from any person or organisation)
on or before the day specified in the notice given under section
43 at the address specified in that notice.
(2) Nothing in subsection (1) prevents the Commissioner from considering any late or oral submission.
Duties of Minister of Conservation in Relation to Proposed Concessions
48. Consent of Minister of
Conservation needed for proposed concessions---Without the prior written consent of the Minister
of Conservation, a substantive proposal must not---
(a) Designate any reviewable land as land to be restored to or
retained in Crown control as conservation area or a reserve, subject
to the granting of a concession; or
(b) Designate any conservation area or reserve as land to remain
conservation area or a reserve, subject to the granting of a concession.
49. No consent to easement
if other concession more appropriate---The Minister of Conservation must refuse consent
to a substantive proposal---
(a) Designating any reviewable land as land to be restored to
or retained in Crown control as conservation area or a reserve,
subject to the granting of a concession that is an easement; or
(b) Designating any conservation area or reserve as land to remain
conservation area or a reserve, subject to the granting of a concession
that is an easement,---
if the Minister considers that a lease, licence, or permit is
more appropriate in that case.
Cf. 1987, No. 65, s. 17Q
50. No consent if inadequate
information provided---If
a substantive proposal designates any land held under a reviewable
instrument as land to be restored to or retained in Crown control
as conservation area or reserve, or designates any conservation
area or reserve as land to remain conservation area or reserve,
subject to the granting of a concession that is---
(a) A lease; or
(b) A profit prendre; or
(c) A licence granting an interest in land; or
(d) An easement,---
the Minister of Conservation must refuse consent to it unless
the Commissioner has given the Minister sufficient information
to satisfy the Minister, in terms of section 51, that it is both
appropriate to grant the concession and lawful to grant it.
Cf. 1987, No. 65, s. 17S (2)
51. Matters to be considered---(1) If satisfied that the granting of any concession concerned would not comply with or would be inconsistent with the provisions of the Reserves Act 1977, or (as the case may be) the Conservation Act 1987 or any relevant conservation management strategy or conservation management plan, the Minister of Conservation must refuse consent to a substantive proposal containing a concession designation.
(2) The Minister of Conservation
may not consent to a substantive proposal containing a concession
designation without having regard to---
(a) The nature of each activity proposed to be carried on, and
the type of each facility (if any) proposed, under the concessions
concerned:
(b) The effects of the activity or facility:
(c) Any measures that can reasonably and practicably be taken
to avoid, remedy, or mitigate any adverse effects of each activity:
(d) Any relevant environmental impact assessment, including any
audit or review:
(e) Any relevant matters contained in the information sent to
the Minister under section 45 (b) in relation to the preliminary
proposal concerned:
(f) Any relevant information that may be withheld from any person
in accordance with the Official Information Act 1982 or the Privacy
Act 1993.
(3) The Minister of Conservation
may refuse consent to a substantive proposal containing a concession
designation if the Minister considers that---
(a) The information available to the Minister is insufficient
or inadequate to enable the Minister to assess the effects (including
the effects of any proposed methods to avoid, remedy, or mitigate
the adverse effects) of any activity proposed to be carried on,
or facility proposed, under the concessions concerned; or
(b) There are no adequate methods or no reasonable methods for
remedying, avoiding, or mitigating the adverse effects of any
activity proposed to be carried on, or facility proposed, under
the concessions concerned.
(4) The Minister of Conservation must refuse consent to a substantive proposal containing a concession designation if any activity proposed to be carried on under the concessions concerned is contrary to the provisions of the Reserves Act 1977, or (as the case may be) the Conservation Act 1987 or the purposes for which the land concerned is to be held.
(5) The Minister of Conservation
must refuse consent to a substantive proposal containing a concession
designation if any concession concerned is a concession to build
a structure or facility, or extend or add to an existing structure
or facility, if the Minister is satisfied that any of the activities
proposed to be carried on under the concession---
(a) Could reasonably be undertaken in another location that---
(i) Is outside the conservation area or reserve (or proposed conservation
area or reserve) concerned; or
(ii) Is in another conservation area or reserve (or proposed conservation
area or reserve), or in another part of the conservation area
or reserve (or proposed conservation area or reserve) concerned,
where the potential adverse effects would be significantly less;
or
(b) Could reasonably use an existing structure or facility or
the existing structure or facility without the extension or addition.
(6) The Minister of Conservation
may consent to a substantive proposal containing a concession
designation providing for the granting of a concession that is
a lease or licence (other than a grant of profit prendre) only
if---
(a) The lease or licence relates to 1 or more fixed structures
and facilities (which structures and facilities do not include
any track or road except where the track or road is an integral
part of a larger structure or facility); and
(b) In any case where land over which the lease or licence is
to be granted includes an area or areas around any structure or
facility,---
(i) Either---
(A) It is necessary for the purposes of the safety or security
of the site, structure, or facility to include any area or areas
(including any security fence) around the structure or facility;
or
(B) It is necessary to include any clearly defined area or areas
that are an integral part of any activity proposed to be carried
on under the concession concerned; and
(ii) The grant of a lease or licence granting an interest in land
is essential to enable any activity proposed to be carried on
under the concession concerned.
(7) The Minister of Conservation
must refuse consent to a substantive proposal containing a concession
designation providing for the granting of a concession that is
a lease, unless satisfied that exclusive possession of the land
concerned is necessary for---
(a) The protection of public safety; or
(b) The protection of the physical security of any activity proposed
to be carried on under the concession; or
(c) The competent operation of any activity proposed to be carried
on under the concession.
(8) For the purposes of subsection (7), the competent operation of an activity includes the necessity for the activity to achieve adequate investment and maintenance.
Cf. 1987, No. 65, s. 17U
52. Proposed concessions over marginal strip---(1) The Minister of Conservation may refuse consent to a substantive proposal containing a concession designation relating to land that is or is to become marginal strip in any case if satisfied that it is more appropriate in that case to enter into an agreement or arrangement under section 24H of the Conservation Act 1987.
(2) The Minister of Conservation must refuse consent to a substantive proposal containing a concession designation relating to land that is or is to become marginal strip if the concession would authorise the owner of adjoining land to use the marginal strip for farming purposes or forestry purposes or any purpose associated with or incidental to any farming or forestry carried out on the adjoining land is to be granted; but nothing in the preceding provisions of this subsection limits or affects section 24H of the Conservation Act 1987.
(3) The Minister of Conservation
must refuse consent to a substantive proposal containing a concession
designation relating to land that is or is to become marginal
strip if the concession is a lease (other than a lease that formalises
an occupation of the land that existed before 10 April 1990),
and the Minister is not satisfied that---
(a) The grant of a lease over the land would be permitted by Part
IIIB of the Conservation Act 1987; and
(b) The activities authorised by the lease require the use of
both the land and the adjacent water; and
(c) The land and facilities to which the lease relates are essential
to the carrying out of those activities.
Cf. 1987, No. 65, s. 17V
53. Conditions generally---The Minister of Conservation must refuse consent to a substantive proposal containing a concession designation if not satisfied that the concession concerned will be granted subject to conditions appropriate for any proposed activity or facility, including (but not limited to) conditions relating to or providing for any of the matters referred to in section 17X (except for paragraph (c)) of the Conservation Act 1987.
Cf. 1987, No. 65, s. 17X
54. Rents, fees, and royalties---(1) The Minister of Conservation
must refuse consent to a substantive proposal containing a concession
designation if not satisfied that the concession concerned will
be granted subject to---
(a) The condition that the grantee must pay any specified rents,
fees, and royalties to the Minister; and
(b) The condition that the grantee must pay any other levy or
charge made on an occupier or owner of land, as the result of
the grant of a lease, licence, or easement, either to the Minister
or as directed by the Minister; and
(c) The condition that the rent, fees, and royalties for the concession
must be reviewed at intervals not exceeding 3 years.
(2) The rent, fee, or royalty may be fixed at the market value, having regard to the matters referred to in section 17Y (2) of the Conservation Act 1987.
Cf. 1987, No. 65, s. 17Y
55. Term---(1) The Minister of Conservation
must refuse consent to a substantive proposal containing a concession
designation if the concession concerned is a lease or licence,
and---
(a) The term for which it is to be granted (including all renewals
of the lease or licence) exceeds 60 years; or
(b) The term for which it is to be granted (including all renewals
of the lease or licence) exceeds 30 years, and the Minister is
not satisfied that there are exceptional circumstances.
(2) The Minister of Conservation
must refuse consent to a substantive proposal containing a concession
designation if the concession concerned is a permit, and---
(a) The term for which it is to be granted exceeds 5 years; or
(b) It is to be renewable.
(3) The Minister of Conservation
must refuse consent to a substantive proposal containing a concession
designation if the concession concerned is an easement, and---
(a) The term for which it is to be granted exceeds 60 years, and---
(i) The Minister is not satisfied that the easement provides a
right of way access to a property to which there is no other practical
access; or
(ii) The Minister is not satisfied that the term is appropriate;
or
(b) The term for which it is to be granted exceeds 30 years, and
the Minister is not satisfied that there are exceptional circumstances.
Cf. 1987, No. 65, s. 17Z
Crown Pastoral Land Act 1998 Analysis & Interpretation
Crown Pastoral Land Act 1998 PART 1
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