This page last modified 16 September 1998
Crown Pastoral Land Act 1998 Analysis & Interpretation
Crown Pastoral Land Act 1998 PART 2 ss 24-55
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---A substantive proposal must not designate any conservation area as land to be disposed of by way of exchange under the Conservation Act 1987 without the prior written consent of the Minister of Conservation; and the Minister must not give consent unless satisfied, after consultation with the local Conservation Board (established under section 6L of that Act), that the exchange will enhance the natural and historic resources of land managed by the Department of Conservation for conservation purposes and promote the purposes of that Act.
Cf. 1987, No. 65, s. 16A
Proposal to Appoint Manager of Marginal Strip
57. Consent of Minister of
Conservation needed for proposed appointment of manager of marginal
strip---Without the
prior written consent of the Minister of Conservation, a substantive
proposal must not---
(a) 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:
(b) 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.
Powers and Duties of Minister of Conservation in Relation to Proposed Disposal of Reserves
58. Proposed disposal of reserve otherwise than by concession---(1) A substantive proposal must not designate any reserve as land to be disposed of by way of exchange under the Reserves Act 1977 without the prior written consent of the Minister; and if the reserve has an administering body (within the meaning of that Act), the Minister may not give consent except pursuant to a resolution of that body requesting the exchange.
(2) A substantive proposal must not 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 without the prior written consent of the Minister of Conservation; and the Minister may not give consent except if it is not for the time being required for the purpose for which it was classified, or if the Minister considers it in the public interest, or if the Minister has decided under section 53 (1) (a) (ii) of that Act that it is necessary or desirable to farm, graze, or afforest the reserve.
Cf. 1977, No. 66, s. 73
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---Without the prior written consent of the Minister
of Conservation, a substantive proposal may not designate any
land as land to be disposed of subject to the creation of---
(a) An 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) A covenant under section 77 of the Reserves Act 1977 or section
27 of the Conservation Act 1987.
Acceptance of Substantive Proposals, and Consequences of Acceptance
60. Acceptances---(1) The holder of a reviewable instrument may, by written notice to the Commissioner, accept or reject a substantive proposal put to the holder under section 46.
(2) If the Commissioner does not receive an acceptance within 3 months of putting the substantive proposal to the holder, the holder is deemed to have rejected it.
(3) If the substantive proposal---
(a) Relates to land held under 2 or more reviewable instruments;
and
(b) Is, so far as any holder is concerned, conditional on its
ultimate acceptance by some other holder or holders,---
its acceptance by that holder does not take effect unless it is
also accepted by that other holder or those other holders.
(4) If any person other than the holder of the instrument has an interest in the land, the substantive proposal's acceptance by that holder does not take effect unless the notice contains the person's written consent to the acceptance.
(5) Subject to subsections (3) and (4), a holder's acceptance of a substantive proposal put to the holder under section 46 is irrevocable; and has effect as an irrevocable authority to and obligation on the Commissioner to take the appropriate actions required by this Part.
61. Notice of proposal may
be registered against title to protect acceptance---(1) If---
(a) Any person has accepted a substantive proposal; and
(b) That proposal relates to land held in fee simple, or land
held under a lease registered under the Land Act 1948,---
the Commissioner must sign and forward to the appropriate District
Land Registrar a written notice of the acceptance of the proposal,
describing the proposal in general terms.
(2) The District Land Registrar must register the notice against every relevant instrument of title to the land or lease.
(3) In the case of a notice
relating to a lease, the validity of the notice is not affected
by any misdescription of the land it relates to if it---
(a) Specifies the lease; and
(b) Contains (or has attached to it) an illustrative diagram of
the land showing how it has been designated.
(4) Every person who, after the notice has been registered, acquires an estate or interest in any land against whose instrument of title it has been registered is bound by the acceptance of the proposal to which it relates to the same extent as the person who accepted the proposal; and this Act has effect accordingly.
(5) If a person acquires an
estate or interest in any land---
(a) After any person has accepted a proposal (put to that person
under section 46) relating to the land; and
(b) Before a notice registered under this section against the
certificate of title to it was lodged for registration,---
this Part has effect as if the entire proposal had been rejected.
62. Final plan to be prepared---(1) Once the acceptance of a substantive proposal takes effect, the Commissioner must give the Chief Surveyor written notice of its acceptance, attaching a copy of the proposal.
(2) As soon as is practicable
after receiving the notice, the Chief Surveyor must---
(a) Determine whether any of the land needs to be surveyed before
the proposal can be given effect to; and
(b) Give the Commissioner written notice---
(i) Of the land that needs to be surveyed; or
(ii) That none of the land needs to be surveyed.
(3) If notified that any of the land needs to be surveyed, the Commissioner must have it surveyed, and have a plan or plans of it prepared and approved, under the Survey Act 1986.
(4) Once the Commissioner---
(a) Has complied with subsection (3); or
(b) Has been notified that none of the land needs to be surveyed,---
the Commissioner must---
(c) Have prepared a final plan of all the land to which the proposal
relates, showing the various areas to which it relates, and (in
respect of each) giving---
(i) A legal description; and
(ii) Its designation by the proposal; and
(iii) If it is designated as land to be restored to Crown ownership
as a reserve, the purpose of the reserve; and
(d) Submit 2 copies of the plan to the Chief Surveyor.
63. Approval of plan---If (and only if) satisfied that---
(a) The boundaries of the various areas shown on a plan submitted
under section 62 (4) (d) are, in the light of any discovered imprecisions
in the boundaries shown or described in the accepted substantive
proposal concerned, as close as may reasonably practicably be
achieved to the boundaries shown or described in the proposal;
and
(b) To the extent allowed by the position of the boundaries shown
on the plan,---
(i) The areas they define; and
(ii) The designations of those areas,---
accurately reflect the proposal,---
the Chief Surveyor must sign and date on both copies of the plan
a written notice approving it for the purposes of this Act, and
return 1 copy to the Commissioner.
64. Commissioner to register accepted proposals and approved plans---On receiving an approved plan, the Commissioner must lodge it and a copy of the proposal to which it relates with the appropriate District Land Registrar, who must register them against every instrument of title to land to which they relate.
65. Effect of registration
of approved plan in relation to land designated to be restored
to Crown ownership---(1)
Land that an approved plan designates as land to be restored to
Crown ownership vests in the Crown when the plan is registered,---
(a) Depending on its designation in the plan,---
(i) As conservation area, or for the Crown purpose specified,
or without the specification of any status or purpose; or
(ii) As a reserve, held for the purpose specified in the plan;
and
(b) Subject to the special leases, grazing permits, and easements
(if any) whose continuation in force is provided for in the proposal;
and
(c) Subject to the special leases and grazing permits (if any)
whose granting is provided for in the substantive proposal concerned;
and
(d) Subject to or, as the case requires, with the benefit of any
easement whose creation is provided for in the substantive proposal
concerned; and
(e) Except as provided in paragraphs (b) to (d), freed and discharged
from all mortgages, charges, claims, estates, and interests.
(2) If land vests under this
section---
(a) Subject to a special lease or grazing permit whose granting
is provided for in the substantive proposal concerned; or
(b) Subject to or with the benefit of any easement whose creation
is provided for in the substantive proposal concerned,---
the lease, permit, or easement is deemed to have been granted
or created immediately before the land vests.
66. Land vesting as conservation
area subject to granting of concession---When land that an approved plan designates
as land to be restored to Crown ownership subject to the granting
of a concession vests as conservation area under section 65,---
(a) The Commissioner must promptly give the Minister of Conservation
written notice that it has vested subject to the granting of the
concession; and
(b) The Minister must promptly, in accordance with the substantive
proposal concerned, grant the concession to the person concerned;
and
(c) Section 17ZD (1) of the Conservation Act 1987 applies to the
granting of the concession as if the reference in it to any applicant
for a concession who has been granted a concession were a reference
to the person; but
(d) Sections 17Q (2), 17R to 17Z, and 17ZJ of the Conservation
Act 1987 do not apply to the granting of the concession.
67. Land vesting as conservation
area subject to appointment of manager of marginal strip---When land that an approved plan designates
as land to be restored to Crown control subject to the appointment
of any person as manager under section 24H (1) of the Conservation
Act 1987 vests as conservation area under section 65,---
(a) The Commissioner must promptly give the Minister of Conservation
written notice that it has vested subject to the person's appointment
as manager; and
(b) The Minister must promptly, in accordance with the proposal,
appoint the person manager of the land.
68. Land vesting as reserve
subject to granting of concession---When
land that an approved plan designates as land to be restored to
Crown control subject to the granting of a concession vests as
a reserve under section 65,---
(a) The Commissioner must promptly give the Minister of Conservation
written notice that it has vested subject to the granting of the
concession; and
(b) The Minister must promptly, in accordance with the proposal,
grant the concession to the person concerned; and
(c) Section 17ZD (1) of the Conservation Act 1987 applies to the
granting of the concession as if the reference in it to any applicant
for a concession who has been granted a concession were a reference
to the person; but
(d) Sections 17Q (2), 17R to 17Z, and 17ZJ of the Conservation
Act1987 do not apply to the granting of the concession; and
(e) If the concession is a lease under section 73 of the Reserves
Act1977, the Minister does not have to comply with subsection
(4) of that section.
69. Effect of registration of approved plan in relation to reviewable land designated to be disposed of---(1) When an approved plan designating land as land to be disposed of to a specified person has been registered, the Commissioner must promptly, in accordance with the plan (but subject to Part IVA of the Conservation Act 1987), dispose of it under the Land Act 1948.
(2) In complying with subsection (1), the Commissioner must act as if the reviewable instrument concerned were already surrendered (and the District Land Registrar must act likewise); but the instrument in fact continues in force until a certificate of title or registered lease is issued for the land concerned, and is then deemed to have been surrendered in respect of that land.
(3) When an approved plan designating
land as land that may be disposed of to any person has been registered,---
(a) The instrument is deemed to have been surrendered in respect
of the land; and
(b) The Commissioner must try to dispose of the land under the
Land Act 1948.
70. Effect of registration
of approved plan in relation to unused Crown land designated to
be conservation area subject to granting of concession---When an approved plan designating
unused Crown land as land to be retained in Crown control as conservation
area subject to the granting of a concession has been registered,---
(a) The Commissioner must promptly give the Minister of Conservation
written notice that the land has vested subject to the granting
of a concession; and
(b) The Minister must promptly, in accordance with the plan, grant
a concession to the person concerned; and
(c) Section 17ZD (1) of the Conservation Act 1987 applies as if
the reference in it to any applicant for a concession who has
been granted a concession were a reference to the person concerned;
but
(d) Sections 17Q (2), 17R to 17Z, and 17ZJ of the Conservation
Act1987 do not apply to the granting of the 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---When an approved
plan designating unused Crown land as land to be retained in Crown
control as conservation area subject to the appointment of any
person as manager under section 24H (1) of the Conservation Act
1987 has been registered,---
(a) The Commissioner must promptly give the Minister of Conservation
written notice that the land has vested subject to the person's
appointment as manager; and
(b) The Minister must promptly, in accordance with the plan, appoint
the person manager of the land.
72. Effect of registration
of approved plan in relation to unused Crown land designated to
be reserve subject to granting of concession---When an approved plan designating unused Crown
land as land to be retained in Crown control as a reserve subject
to the granting of a concession has been registered,---
(a) The Commissioner must promptly give the Minister of Conservation
written notice that the land has vested subject to the granting
of a concession; and
(b) The Minister must promptly, in accordance with the plan, grant
a concession of the land to the person concerned; and
(c) Section 17ZD (1) of the Conservation Act 1987 applies as if
the reference in it to any applicant for a concession who has
been granted a concession were a reference to the person concerned;
but
(d) Sections 17Q (2), 17R to 17Z, and 17ZJ of the Conservation
Act1987 do not apply to the granting of the concession; and
(e) In the case of a lease under section 73 of the Reserves Act
1977, the Minister does not have to comply with subsection (4)
of that section.
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---Promptly
after an approved plan designating unused Crown land as land to
be retained in Crown control subject to the granting of a lease
or grazing permit under section 67 (2) or section 68A of the Land
Act 1948 has been registered, the Commissioner must, in accordance
with the plan, grant the lease or permit.
74. Effect of registration of approved plan in relation to unused Crown land designated to be disposed of---(1) Promptly after an approved plan designating unused Crown land as land to be disposed of has been registered, the Commissioner must, in accordance with the plan (but subject to Part IVA of the Conservation Act 1987), dispose of it under the Land Act 1948.
(2) Promptly after an approved plan designating unused Crown land as land that may be disposed of has been registered, the Commissioner must try to dispose of it under the Land Act 1948.
75. Effect of registration
of approved plan in relation to conservation area subject to granting
of concession---When
an approved plan designating any conservation area as land over
which a concession is to be granted has been registered,---
(a) The Minister of Conservation must promptly, in accordance
with the plan, grant a concession of the land to the person concerned
(and section 17ZD (1) of the Conservation Act 1987 applies as
if the reference in it to any applicant for a concession who has
been granted a concession were a reference to the person concerned);
but
(b) Sections 17Q (2), 17R to 17Z, and 17ZJ of the Conservation
Act 1987 do not apply to the granting of the concession.
76. Effect of registration of approved plan in relation to conservation area subject to appointment of manager of marginal strip---When an approved plan designating any conservation area that is marginal strip as land of which a person is to be appointed manager under section 24H (1) of the Conservation Act 1987 has been registered, the Minister of Conservation must promptly, in accordance with the plan, appoint the person manager of the land.
77. Effect of registration
of approved plan in relation to conservation area designated to
be exchanged---When
an approved plan designating any conservation area as land to
be disposed of by way of exchange has been registered,---
(a) The Commissioner must promptly give the Minister of Conservation
a copy; and
(b) The Minister must promptly do all things necessary to dispose
of the land in accordance with the proposal; and
(c) Subsections (6) to (8) of section 16Aof the Conservation Act
1987 apply to the disposal as if it were part of an exchange authorised
under that section.
78. Effect of registration
of approved plan in relation to reserve subject to granting of
concession---(1) When
an approved plan designating any reserve as land over which a
concession (other than a lease under section 73 of the Reserves
Act 1977) is to be granted has been registered,---
(a) The Commissioner must promptly give the Minister of Conservation
a copy; and
(b) The Minister must promptly, in accordance with the proposal,
grant a concession of the land to the person concerned; and (c)
Section 17ZD (1) of the Conservation Act 1987 applies as if the
reference in it to any applicant for a concession who has been
granted a concession were a reference to the person concerned;
but
(d) Sections 17Q (2), 17R to 17Z, and 17ZJ of the Conservation
Act 1987 do not apply to the granting of the concession.
(2) When an approved plan designating
any reserve as land to be granted by lease under section 73 of
the Reserves Act 1977 has been registered,---
(a) The Commissioner must promptly give the Minister of Conservation
a copy; and
(b) The Minister must promptly grant the lease.
79. Effect of registration of approved plan in relation to
reserve designated to be exchanged---When an approved plan
designating any reserve as land to be disposed of by way of exchange
has been registered,---
(a) The Commissioner must promptly give the Minister of Conservation
a copy; and
(b) The Minister must promptly do all things necessary to effect
the disposal; and
(c) Subsections (5) to (8) of section 15 of the Reserves Act 1977
apply to the disposal as if it were part of an exchange effected
under that section.
80. Creation of protective
mechanisms---(1) When
an approved plan designating any land as land over which an easement
under section 12 of the Reserves Act 1977 is to be created has
been registered,---
(a) The Commissioner---
(i) Is deemed for the purposes of that section to be the owner
of the land; and
(ii) Must promptly give the Minister of Conservation an easement
(for a purpose specified in subsection (1) of that section) over
it, on the terms and conditions specified in the substantive proposal
concerned; and
(b) The Minister must promptly do all acts necessary to enable
the acceptance of the easement.
(2) When an approved plan designating
any land as land over which an easement under section 7 (2) of
the Conservation Act 1987 is to be created has been registered,---(a)
The Commissioner---
(i) Is deemed for the purposes of that section to be the owner
of the land; and
(ii) Must promptly agree with the Minister of Conservation that
the Minister should acquire an easement for conservation purposes
over it, on the terms and conditions specified in the substantive
proposal concerned; and
(b) The Minister must promptly do all acts necessary to acquire
the easement.
(3) When an approved plan designating any land as land over which
an easement under section 8 of the New Zealand Walkways Act 1990
is to be created has been registered,---
(a) The Commissioner---
(i) Is deemed for the purposes of that section to be the owner
of the land; and
(ii) Must promptly give the Director-General of Conservation an
easement over it to enable it to be used for a walkway, on the
terms and conditions specified in the substantive proposal concerned;
and
(b) The Director-General---
(i) Is deemed to have been requested by the appropriate Conservation
Board to treat for the gift of such an easement over the land;
and
(ii) Must promptly do all acts necessary to enable the creation
of the easement.
(4) When an approved plan designating
any land as land over which a covenant under section 22 of the
Queen Elizabeth the Second National Trust Act 1977 is to be created
has been registered,---
(a) The Commissioner is deemed for the purposes of this subsection
to be the owner of the land; and (b) The Commissioner must promptly
execute an open space covenant in favour of the trust over it,
on the terms and conditions specified in the substantive proposal
concerned; and (c) The board of directors of the Trust is deemed
(by virtue of having given its consent under section 40) to have
agreed those terms and conditions, and must promptly do everything
necessary to enable the creation of the covenant.
(5) When an approved plan designating
any land as land over which a covenant under section 77 of the
Reserves Act 1977 or section 27 of the Conservation Act 1987 is
to be created has been registered, the Commissioner---
(a) Is deemed for the purposes of that section to be the owner
of the land; and
(b) Must promptly create the covenant over the land, on the terms
and conditions specified in the substantive proposal concerned.
(6) When an approved plan designating
any land as land over which a covenant under section 6 of the
Historic Places Act 1993 is to be created has been registered,---
(a) The Commissioner is deemed for the purposes of that section
to be the owner of the land; and
(b) The Commissioner must promptly execute a heritage covenant
over the land in favour of the New Zealand Historic Places Trust,
on the terms and conditions specified in the substantive proposal
concerned; and
(c) The Board of Trustees of the Trust is deemed (by virtue of
having given its consent under section 40) to have agreed those
terms and conditions, and must promptly do everything necessary
to enable the creation of the covenant.
81. Effect of registration
of approved plan in relation to freehold land designated to be
restored to Crown ownership---When
an approved plan designating land held in fee simple as land to
be restored to Crown ownership has been registered, the substantive
proposal concerned has effect as a binding agreement for the sale
to the Crown by the holder of all land designated by the plan
as---
(a) Land to be restored to full Crown ownership and control as
conservation area; or
(b) Land to be restored to Crown ownership as conservation area,
subject to the granting to any specified person of a concession
on terms specified in the proposal; or
(c) Land to be restored to full Crown ownership and control as
a reserve; or
(d) Land to be restored to Crown ownership as a reserve, subject
to the granting to any specified person of a concession, on terms
specified in the proposal; or
(e) Land to be restored to full Crown ownership and control for
some specified Crown purpose; or
(f) Land to be restored to Crown ownership subject to the granting
to any specified person of a lease, on terms specified in the
proposal, under section 67 (2) of the Land Act 1948; or
(g) Land to be restored to Crown ownership subject to the granting
to any specified person of a grazing permit under section 68A
of the Land Act 1948; or
(h) Land that may be disposed of to any person.
82. Payments to the Crown---If an accepted substantive proposal is accompanied by a notice under section 46 (4) specifying the payment of any amount to the Crown, the Commissioner must not proceed under this Part beyond the point specified for its payment until it has been paid.
Crown Pastoral Land Act 1998 Analysis & Interpretation
Crown Pastoral Land Act 1998 PART 1
Crown Pastoral Land Act 1998 PART 2 ss 24-55
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