Crown Pastoral Land Act 1998 PARTS 4 & 5 & SCHEDULES

This page last modified 16 September 1998

Crown Pastoral Land Act 1998 Analysis & Interpretation

PART 4 Provisions Applicable to All Reviews

95. Improvements on land held under occupation licence---(1) A substantive proposal under Part 2 or Part 3 dealing with any land held under an occupation licence may specify 1 or more holder's improvements that are to remain on the land; and in that case---
(a) The holder must not remove any improvement specified from the land, or cause or permit it to be removed from the land; but
(b) If when the licence expires or is surrendered the improvement is still on the land, the holder is entitled to compensation for it (being an amount equal to the added value that it then gives the land).

(2) Except as provided in subsection (1),---
(a) On or before the expiry or surrender of an occupation licence (or within any later time the Commissioner allows), the holder must remove all holder's improvements from the land; and
(b) The holder is in no circumstances entitled to compensation, and may not in any circumstances be paid compensation,---
(i) For any improvement required by paragraph (a) to be removed from the land; or
(ii) For any improvement that is not a holder's improvement.

(3) When a substantive proposal under Part 3 designating land held under an occupation licence as land suitable for disposal is adopted,---
(a) The Commissioner must promptly have all holder's improvements valued; and
(b) On the expiry of the licence, subsections (2) and (3) of section149, and section 150, of the Land Act 1948 apply to the land and the right of the former holder to be paid compensation for improvements on the land effected, erected, made, or paid for by the former holder or any predecessor of the former holder (including improvements effected by doing, before or after the commencement of this Act, any thing specified in section 16 (1)).

Cf. 1948, No. 64, s. 109

96. Implementation not subdivision---(1) Taking action under Part 2 or Part 3 so that different parts of any land are dealt with in different manners is not a subdivision of the land for the purposes of the Resource Management Act 1991.

(2) Subsection (1) is for the avoidance of doubt.

97. Sustainable management covenants---(1) Despite any enactment or rule of law, there may be reserved over land disposed of under Part 2 or Part 3 a covenant in favour of the Commissioner providing for the management of the land, and the monitoring of activities undertaken on the land and their effects on the land.

(2) A sustainable management covenant runs with the land over which it was reserved; and is an interest in land for the purposes of the Land Transfer Act 1952.

(3) On application by the Commissioner, the District Land Registrar of the land registration district in which the land over which a sustainable management covenant has been reserved is situated must take all steps, and make all entries in the registers, necessary to give effect to the covenant's registration.

(4) With the prior written consent of the regional or district council in which the land over which a sustainable management covenant has been reserved is situated, the Commissioner may transfer to the council the Commissioner's interest in the covenant.

98. Application of sections 25 and 84 to section 97---(1) Section 25 applies to the exercise of the Commissioner's powers under section 97 in relation to the disposal of land under Part 2 as if section 97 were part of Part 2.

(2) Section 84 applies to the exercise of the Commissioner's powers under section 97 in relation to the disposal of land under Part 3 as if section 97 were part of Part 3.

99. Commissioner to meet certain official costs---The Commissioner must pay the appropriate costs of any action taken by a Chief Surveyor or District Land Registrar under Part 2 or Part 3.

100. Application of sections 17 and 18 of Land Act 1948---Except as provided in section 89 (2), neither section 17 nor section 18 of the Land Act 1948 applies to any decision made under Part 2, Part 3, or this Part.

PART 5 Savings, and Consequential Amendments and Repeals

101. Savings---The repeal by section 104 of this Act of section 109 of the Land Act 1948---
(a) Does not affect any decision made under section 109 before its repeal; and (in particular)
(b) Does not prevent land held under an occupation licence from being let again on lease or licence if a decision that it is to be let again has been made under section 109 before its repeal.

102. Consequential amendments to Land Act 1948---The Land Act 1948 is amended in the manner indicated in Schedule 1.

103. Director-General to administer special leases and grazing permits over certain reserves---The Reserves Act 1977 is amended by inserting, after section 5, the following section:

"5A. (1) Sections 18, 50A to 50F, 56, 60, 60B, 65, 67 (1), 67 (2), 67 (4), 68 to 69, 81 to 105, 111 to 115, 121 to 126, 127, 131 to 151, 153 to 158, 160, 164A, 164B, 170 to 171, 174, and 183 of the Land Act 1948 apply to every special lease and grazing permit in its application (by virtue of subsection (1) or subsection (2) of section 65 of the Crown Pastoral Land Act 1998) to any reserve as if every reference in those provisions to the Commissioner of Crown Lands, the Land Settlement Board, the Board, or the Department, were a reference to the Director-General.

"(2) In subsection (1), the terms 'special lease' and 'grazing permit' have the meanings given to them by section 2 of the Crown Pastoral Land Act 1998.''

104. Consequential repeals---The enactments specified in Schedule 2 are repealed.

SCHEDULES

SCHEDULE 1

Section 102

Consequential Amendments to Land Act 1948

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Provision Amended

Amendment

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Section 2
By repealing the definition of the term"pastoral occupation licence''.

Section 51
By repealing subsection (3) and substituting the following subsection:
"(3) The Commissioner may classify again under subsection (1) any land (other than pastoral land) that has at any time been classified under that subsection or a corresponding provision of a former Land Act, whether or not the land is at the time let on any lease or licence.''

Section 67 (1)
By omitting the words "commercial or industrial land, or pastoral land'', and substituting the words "or commercial or industrial land''.

SCHEDULE 2

Section 104

Consequential Repeals

1948, No. 64---The Land Act 1948: Sections 51 (1) (d), 62 (b), 66, 66AA, 106 to 110, and 126A (R.S. Vol. 23, p. 559.)

1972, No. 73---The Land Amendment Act 1972. (R.S. Vol. 23, p. 731.)

1977, No. 51---The Land Amendment Act 1977: Section 5 (R.S. Vol. 23, p. 733.)

1979, No. 57---The Land Amendment Act 1979: Sections 3 and 4 (R.S. Vol. 23, p. 734.)

Crown Pastoral Land Bill

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