This page last modified 16 September 1998
Crown Pastoral Land Act 1998 Analysis & Interpretation
General
83. Objects of Part 3---The objects of this Part are---
(a) To promote the management of Crown land in a way that is ecologically
sustainable; and
(b) To enable the protection of significant inherent values of
Crown land; and
(c) Subject to paragraphs (a) and (b), to make easier---
(i) The securing of public access to and enjoyment of Crown land;
and
(ii) The freehold disposal of Crown land capable of economic use.
84. Matters to be taken into
account by Commissioner---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.
85. 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 86 (1); and
(b) Devising a preliminary proposal under section 86 (4); and
(c) Adopting a substantive proposal under section 89.
Procedure
86. Commissioner to review
certain Crown land---(1)
The Commissioner--- (a) Must undertake reviews of all land for
the time being held under an unrenewable occupation licence; and
(b) May undertake (alone, or as part of reviews under paragraph
(a)) reviews of any unused Crown land.
(2) The Commissioner must undertake
any review of land held under an unrenewable occupation licence,---
(a) If the licence is not due to expire within 18 months of the
commencement of this Act, not later than 15 months before the
licence is due to expire:
(b) If the licence is due to expire within 18 months of the commencement
of this Act, as soon as is practicable after the commencement
of this Act.
(3) Subject to subsection (2),
the Commissioner may, in the Commissioner's absolute discretion,
decide---
(a) How many reviews to cause to be undertaken:
(b) Which land each review is to relate to:
(c) The order in which reviews are to be undertaken:
(d) The urgency with which any review is to be undertaken:
(e) The resources to be devoted to any review.
(4) After conducting any review, the Commissioner must devise a preliminary proposal to designate the land concerned in accordance with subsection (5).
(5) The land (or various areas
of it) must be designated as---
(a) Land to be 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) Either or both of the following:
(i) Land suitable for disposal by special lease (on terms specified
in the proposal):
(ii) Land suitable for disposal in fee simple under the Land Act
1948.
(6) If a preliminary proposal
designates any land as land suitable for disposal by special lease,
land suitable for disposal in fee simple, or both, it may designate
it subject to either or both of the following things:
(a) The creation of a sustainable management covenant:
(b) The continuation in force of an existing easement.
(7) If a preliminary proposal designates any land held under an occupation licence as land to be retained in Crown ownership, it may also specify any holder's improvements that are to remain on the land.
87. 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 designate any land as land suitable for disposal 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.
88. Certain provisions of
Part 2 relating to preliminary proposals to apply---The following sections apply to a
preliminary proposal under this Part as if it were a preliminary
proposal under Part 2:
(a) Section 40 (which enables designations in a preliminary proposal
to be subject to the creation of a protective mechanism):
(b) Section 43 (which requires the Commissioner to give public
notice of preliminary proposals):
(c) Section 44 (which requires the Commissioner to consult the
local iwi authority about any preliminary proposal):
(d) Section 45 (which requires the Commissioner to give the Minister
of Conservation information about the results of consultations
on a preliminary proposal).
89. Commissioner may adopt substantive proposals---(1) The Commissioner may, by signing on it a statement to the effect that it is adopted, adopt a written substantive proposal that is (as far as the land to which it relates is concerned) the same as or a modified version of a preliminary proposal previously notified, in accordance with section 88, under section 43.
(2) Subject to subsection (3), the holder of any land held under an occupation licence that is dealt with by a proposal adopted under subsection (1) may apply under section 17 of the Land Act 1948 for a rehearing of the Commissioner's decision to adopt the proposal.
(3) No person has a right to apply under section 17 of the Land Act1948 for a rehearing of the Commissioner's decision to adopt a proposal under subsection (1) if the decision is the alteration, confirmation, modification, or reversal under a rehearing granted under that section of an earlier decision to adopt a substantive proposal.
(4) The Commissioner must notify every holder concerned of a decision to adopt under subsection (1) a substantive proposal dealing with land held under an occupation licence.
(5) Where within the time provided by section 17 of the Land Act 1948 no holder entitled by subsection (2) to do so applies under that section for a rehearing of a decision to adopt a substantive proposal under subsection (1), the adoption of the proposal takes effect on the expiration of that time.
(6) Where---
(a) Within the time provided by section 17 of the Land Act 1948
1 or more holders entitled by subsection (2) to do so apply under
that section for a rehearing of a decision to adopt a substantive
proposal under subsection (1); but
(b) The Commissioner then decides not to rehear the decision,---
the adoption of the proposal then takes effect.
(7) Where the Commissioner rehears
under section 17 of the Land Act1948 a decision to adopt a substantive
proposal under subsection (1),---
(a) If the Commissioner reverses the decision, the adoption of
the proposal has no effect:
(b) The Commissioner may alter or modify the decision by adopting
an altered or modified substantive proposal under subsection (1);
and if the Commissioner does so,---
(i) Subsection (3) applies; and
(ii) The altered or modified proposal takes effect immediately:
(c) If the Commissioner confirms the decision, it takes effect
on confirmation.
90. Certain provisions of Part 2 relating to substantive proposals to apply---(1) Section 47 (which forbids the Commissioner to put a substantive proposal to the holder of a reviewable instrument without first considering matters arising out of the consultations on the preliminary proposal out of which the substantive proposal arises) applies to the adoption of a substantive proposal under this Part as if it were the putting of a substantive proposal under Part 2 to the holder of a reviewable instrument.
(2) The following sections apply
to a substantive proposal under this Part as if it were a substantive
proposal under Part 2 (but as if the reference in section 62 (1)
to its acceptance were a reference to its adoption):
(a) Section 62 (which requires the Commissioner to prepare a final
plan of the land to which an accepted substantive proposal relates):
(b) Section 63 (which relates to the approval of a final plan
by the Chief Surveyor):
(c) Section 64 (which relates to the registration of an approved
final plan and the substantive proposal out of which the plan
arises).
91. 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 suitable for disposal subject to the creation of a protective mechanism.
Effect of Substantive Proposals
92. Effect of registration
of approved plan in relation to land designated to be retained
in Crown ownership---Land
that an approved plan designates as land to be retained by the
Crown vests in the Crown when the plan is registered or (in the
case of land held under an occupation licence) when the licence
expires, whichever is the later,---
(a) Depending on its designation in the plan,---
(i) As conservation area, or for the Crown purpose specified;
or
(ii) As a reserve, held for the purpose specified in the plan;
and
(b) Subject to the easements (if any) whose continuation in force
is provided for in the substantive proposal concerned; and
(c) Except as provided in paragraphs (b) and (c), freed and discharged
from all mortgages, charges, claims, estates, and interests.
93. Creation of protective mechanisms---Section 80 (which enables the creation of protective mechanisms provided for in an accepted substantive proposal under Part 2) applies to an approved plan arising out of the adoption of a substantive proposal under this Part as if it were an approved plan arising out of the acceptance of a substantive proposal under Part 2.
94. Disposal---When an approved plan relating to
land that a substantive proposal designates as---
(a) Land suitable for disposal by special lease; or
(b) Land suitable for disposal in fee simple under the Land Act
1948; or
(c) Both,---
has been registered or (in the case of land held under an occupation
licence) when the licence expires, whichever is the later, the
Commissioner must try to dispose of it accordingly.
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 2 ss 56-82
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