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South Island high country


Crown Pastoral Land Bill

Public Access New Zealand
Monday, 29 May 1995

Primary Production Committee
Parliament Buildings
WELLINGTON

Dear Sirs

Submission on Crown Pastoral Land Bill

This is the preliminary submission of Public Access New Zealand Incorporated. We wish to be heard in support of this submission. We request that the Committee meets in Dunedin to hear our submission. We feel that this would be most appropriate considering that the majority (c 55 per cent) of pastoral leases are in Otago.

For many months the Minister of Lands has consulted us and other 'stakeholders' on his proposals to amend the Land Act. He obviously considers us to be a 'major stakeholder' along with other recreation and conservation groups, and farmers, as we were repeatedly invited to meet with him to air our concerns on both the direction and detail of his proposals. The Minister stated that we were discussing 'proposals' for review of the Act, as late as 11pm on March 6 in the Beehive. The following morning we were informed by Jim Sutton MP that the Minister had let it slip to him that draughting instructions for the Bill were already prepared!

What a sham the Minister's 'consultations' were. What a farce his Bill is. Even if we agreed with his publicly stated objectives for reform of the legislation, his Bill fails to deliver. It is as if it were written by Federated Farmers and the High Country Trustees. It is noteworthy that during the 'consultations' the Minister repeatedly referred questions to John Williamson of the Trustees for explanation of the Minister's proposals! It is their agenda fulfilled--freeholding of all lands with potential for dollar return reinforced by minimum commitment to retain anything in Crown ownership, with hidden financial disincentives to doing so.

The Bill amounts to the most blatant disposition of Crown land this century. It is a cynical move by a Minister desperate to beat the onset of democracy under MMP. The Minister is on record as saying that he wants the Land Act changed before an MMP election because non-agricultural stakeholders' interests will be enhanced under MMP!

The Government has no mandate from the electorate, and no consensus among the major stakeholders in the high country, for this course of action.

The current Land Act has proved itself to be remarkably adaptable to today's requirements. There have been several successful tenure reviews over the last two years which have produced 'win-wins' for everyone--good farmland freeholded, allowing more secure investment and diversification, and public reserves created with secure rights of public access established. There are 80 more lessees lined up for tenure reviews under the rules of the existing Act! The Minister has stated that it is necessary to embody the present tenure review process in legislation to give it legislative force. There is no such need, it is occurring now! There is all the 'flexibility' and 'transparency' (Treasury-speak used to justify the Bill) now that is necessary for the process to continue.

We believe that the Bill does not do what the Minister has publicly stated it is to intended do--quite the reverse. Its various provisions are so badly draughted that it is beyond redemption. It is unnecessary. It should not proceed. It should not escape the attention of the Committee that all the NGOs with an active interest in the Bill are of a like mind on this point. The Bill will provide a legislative basis for widespread and unconstrained freeholding. The Bill amounts to a huge increase in runholders' interests without commensurate provision for conservation and public recreation.

PANZ believes that lands of predominantly natural or recreational character should be restored to full public ownership and control, and assured public access provided to these. Freeholding of other areas should only be allowed if these conditions are met. Such objectives are being achieved under the existing Act.

Even prior to the Bill's introduction, Federated Farmers were so certain as to its content that their propaganda machine was geared up to strongly support the Bill. There has been a barrage of myths and false argument advanced by the Feds, which are clearly designed to disguise the real intent of the Bill. The consistency of their and Government's arguments indicates collusion and orchestration.

In answer to the Fed's and official propaganda on the Bill we set out a series of statements and answers--

No. There is no right to obtain freehold title, no right to change the use of the land, and no right to the soil. There are only grazing rights, subject to stocking limitations, for which minimal rents are paid. The Crown's monetary interest in these lands has been conservatively estimated to be $100 million, which does not include the Crown's interest in protecting conservation values or future opportunities for public recreation.

There is no assurance in the Bill that any land will be retained in public ownership or free from private occupation and use. An area the equivalent of 20 or more Mount Cook National Parks could be freeholded. The Minister has said that most of the production comes from 20-30 per cent of the 3.45 million hectares. That is equivalent to a maximum of 1 million hectares. That leaves another 1.45 million hectares of marginal or useless grazing land that could be freeholded. Much of that will have conservation and recreation values that should be retained in public ownership either as special leaseholds with provision for public recreation or as public lands.

Covenants are agreements whereby a party binds himself to do or not do any act. They are often registered against the title to land. The QE II Trust relies on covenants for protection of private land. Very few such covenants provide for public access. Covenants can also be created under the Reserves and Conservation Acts.

The central flaw with all covenants is their lack of security. This has not been addressed by Government. There is no obligation to register conservation covenants against a freehold title. If they are registered the Courts can modify or extinguish them at any time on request from the land owner and the Crown (Property Law Act s126G). All that is needed is agreement between the parties. There is no requirement for public notification or objection. We have long ago lost faith in Governments or officials acting in the public interest when out of the gaze or scrutiny of the public.

If ever a reminder was needed of the weakness of covenants, look at what happened at Mt Hikurangi. Denis Marshall gave 5000 hectares of forest park to Ngati Porou with agreement to register covenants against the freehold title to guarantee public access and protection. This was breached by Ngati Porou closing public access. Despite legally enforceable contracts, the Government hasn't the will to enforce the terms or to claim the land back. It is by the same mechanism that the Minister now expects the public to entrust their interests to the hands of South Island runholders!

Trespass rights exist over leasehold the same as freehold, however this is a red-herring. The basis of tenure review is an exchange of rights between the Crown and lessees. In exchange for runholders being given consent to freehold parts of their leases (they are currently prohibited from obtaining freehold), they have to give up their occupation and trespass rights over other areas, thereby creating conservation lands that the public can freely recreate on. The Bill replaces an exchange of rights with a massive gift of the Crown's (and therefore the public's) interest to a handful of privileged landholders.

Not necessarily, because the Bill only provides for "appropriate" access. The only specific provision is for Walkways which can be closed at any time at the request of a landowner, or adjoining landowner. Hunters, firearms, horses, cycles, vehicles, and other users are automatically barred.

The only commitment to improved public access will be the laying off of marginal strips along the banks of rivers and lakes, however this already happens when leases are renewed, and is happening under the current tenure review process. It doesn't need a law change to create the Queen's Chain. There is no commitment in the Bill to creating public access to marginal strips.

They don't. Most non-government organisations actively support tenure review. Over the last two years NGOs, including PANZ, have been highly supportive of tenure reviews under the terms of the existing Land Act. 6-8 reviews have been successfully completed, approximately 20 more are in progress, and 60 or more are waiting to be done. Considerable effort is being put into liaison with officials, field inspections, and submission writing. The Minister has acknowledged that the deals struck so far have been 'win-wins' for everyone.
Major gains for nature conservation and public access are resulting from the current process, while freeing up highly modified, productive farm land for diversification into new uses. There is no need for the law to be changed.

The major factor inhibiting tenure review is the Minister's failure to plough some of the money the government is making out of freeholding (the runholders have to purchase the 'Crown's interest' in these lands) back into the tenure review process. There are far more runholders willing to participate in reviews under the existing law than Landcorp and DOC can afford to process on behalf of the government. We have requested that the Minister better resource the process. He has failed to do so.

Contrary to the Minister's claims, the existing Act does provide for the tenure review process. It hinges on a statutory step called 'reclassification' which has been used by Governments for decades. It requires reclassification from 'pastoral land' to 'farm land' before freehold can be offered. Over half a million hectares of pastoral land has been freeholded by this process over the last 15 years.

'Reclassification' is a discretion exercised by the Commissioner of Crown Lands which first requires that the land be suitable for intensive farming. This has ensured that fragile mountain lands are retained in Crown ownership. It is (generally) on these higher altitude lands that most nature conservation and recreation values exist. The process used, involving public consultation, is a government-approved policy. If a runholder is unhappy with the outcome he/she can withdraw. The proposed new process remains voluntary.

There are major disadvantages in the Bill's proposals to codify the process in law because it will limit information disclosure and public consultation and will not be resource-orientated. There will be no statutory base-line, as at present, or criteria, ensuring that fragile lands and those of predominantly natural character will not be freeholded.

The hidden agenda

DOC will have to 'purchase' the lands it wants

Officials from Denis Marshall's office, and the Prime Minister's Department, have confirmed that it is highly likely that DOC will have to 'purchase' any land it wants under the new regime under a 'fiscal envelop' approach. This is an artificial, contrived barrier devised by Treasury to ensure that minimal lands will be retained in public ownership.

Any lands surrendered to the Crown as a result of tenure review are Crown lands and are therefore already owned by the state. DOC is a department of state. It is a nonsense to force DOC to purchase what the state already owns. Such lands should continue to be allocated at nil cost to DOC as at present, but with a portion of the profits the Government is making out of freeholding given to DOC to pay for land management.

If DOC had to acquire all the natural lands it should get in the high country, this would cause it to collapse. Perhaps that is also part of Government's agenda--look at his successive budget cuts for the department!

Summary of how the Bill fails

Further background to the Bill

As the Minister has acknowledged, a substantial part of the 3.45 million hectare Crown pastoral estate has high public recreation and nature conservation values.

The Minister has made public assurances that protection of these values will occur under public ownership, to the effect that approximately 1 million hectares will be retained by the Crown, and that public access to such lands will be assured. He has also stated that protection of the public interest has always been the driving force behind Government's move to amend the Land Act.

However the Bill does not make such provision or recognition, or provide adequate alternative mechanisms.

Crown and Lessee Interests
The Minister's 'Proposals to amend the Land Act' of Fefruary 1995 adequately identifies respective Crown (lessor) and lessee interests. It is critically important, in consideration of the merits of Government's proposals, that there is understanding of the differing bundles of rights held by the parties. The lessee has secure but very constrained rights of use (limited to grazing), ownership of 'improvements', and trespass rights. Freeholding of pastoral leases is barred by statute. The Crown as landlord retains underlying ownership of the natural character of the land, of other resources, and discretion to permit new uses and to regulate pastoral activities.

Reclassification
The only means currently available to effect freeholding is by a process of 'reclassification' of the underlying land, the surrender of the lease, and offering and acceptance of freeholding. However freehold cannot be offered over lands classified as 'pastoral land' or while held as pastoral lease.

Under the Act it is discretionary whether the Commissioner of Crown Lands reclassifies land currently classified as 'pastoral' and held under pastoral lease. There is no contractual or statutory right for lessees to apply for reclassification. The Crown has the power to reclassify land at any time and has exercised this in the past, often contrary to the wishes of lessees. However as a matter of more recent policy the Crown has left it to lessees to apply for reclassification and tenure review--but this is no right. The Crown retains the right to decide or not decide to change the classification and to offer new tenures.

Section 51 of the Act sets out classification/reclassification options. Land held under pastoral lease may be wholly or partly reclassified.

'Pastoral land' is land suitable or adaptable primarily for pastoral purposes only.

Only lands classified as 'farm land', being suitable or adaptable for any type of farming, 'urban land', being suitable or adaptable for residential purposes, 'commercial or industrial land', being suitable or adaptable for any commercial or industrial purpose can be freeholded.

It is the character and location of the land that determines the land classification and whether freehold can be offered. Interpretation of section 51 requires regard for the full range of classifications available and the distinctions between these. A classification cannot be properly determined in isolation from other options specified under section 51, for instance by subsuming pastoral land as 'farm land'.

The practical effect of the existing classification provisions is that lands which are only suitable for extensive grazing have been retained in Crown ownership. It is those same areas that retain the greatest degree of natural character and, with the exception of water bodies and their margins, the greatest recreational appeal. These are the remaining tussock grasslands which have not been, and are incapable of, pasture development or "improvement". Such environments are now the most at risk from continued pastoralism--continued pastoral use is now recognised as unsustainable however escalating degradation and consequent uselessness for grazing of lower altitude and semi arid areas (desertification) is placing greater pressures on remaining native grasslands. It is such environments which give the high country its unifying and distinctive appeal to many New Zealanders.

The prohibition on freeholding of pastoral leases has also prevented the freeholding of alpine zones consisting of herbfields, screes, snowfields and glaciers which have either extremely limited or no value for grazing. Naturally such areas have great public appeal for a wide variety of recreation.

Current tenure review process
Under the existing provisions of the Land Act approximately 6 lessees have completed tenure reviews by way of exchanges of rights with the Crown. Approximately 20 more applications for tenure review are being processed by Landcorp and DOC as agents for the Crown. Approximately another 60 lessees have registered interest. This comprises 23% of the 369 leases. This has all happened within a two year period. There is therefore strong lessee interest in tenure review under the present rules.

The main limitation to progress has proved to be lack of funding/staffing within Landcorp, DOC, and the CCL's Office for processing all applications. The government is making a nett profit out of lessees purchasing the freehold over parts of their holdings but this is disappearing into the Consolidated Fund. A revolving or dedicated fund is required whereby money from freeholding is used to allow more reviews to proceed and for purchase of lessee interest on properties where that exceeds the Crown interest. This would allow acquisition of lands that are desirable to be retained for public reserves, to enable rationalisation of holdings between properties, and to allow lessees to walk off the land where land degradation is severe. Such practical proposals have fallen on deaf ears within Government.

Overall the current process has produced "win-wins" for all parties. Runholders have been able to diversify their land uses on the better land without the restraints of pastoral tenure, new public lands have been created over extensive areas, and secure rights of public access provided to these. Additionally in some cases 'new age' special leases have been required on lands with overlapping conservation and pastoral values where grazing is linked to monitoring of land condition and more effective control than is possible under pastoral lease, and public recreation and access provision made. The Minister has gone to the extent of conducting PANZ and other stakeholders over properties where such deals have been successfully completed but has failed to demonstrate in any particular instance, existing or anticipated, that the current Land Act is an unreasonable obstacle to the process continuing. There has been sufficient 'flexibility' of options within the terms of the existing Act to allow most tenure reviews to proceed. In a few cases lessees have withdrawn from negotiations part way through as they don't like what's offered. This is their entitlement, as it is the Crown's to withdraw at any stage. This is the essence of a voluntary process. There can be major financial and other implications for either party.

A large potential problem exists on arid rabbit-prone lands which are so degraded that they cannot be properly classified as farm or pastoral land as a precursor to freeholding. PANZ has pointed out to Government provisions under the Land Act (s 67) to deal with these lands without jeopardising the reclassification process. Consequently the official focus on alleged obstacles under the Act shifted to other, unspecified, categories of land. The Minister and his officials will not be pinned down to providing hard evidence to justify changing the Act.

PANZ concludes that, for the purpose of assisting the tenure review process there is no necessity to amend the Land Act. The present process is working well. Government has not demonstrated a need for legislative change, other than for advancing an agenda for mass privatisation of the public interest in the high country prior to the advent of MMP.

20 major points of concern

Detailed analysis of the Bill reveals 20 major points of concern to PANZ. These are--


The deficiencies of the Bill are so great that we believe that it would have to be almost totally rewritten before it could begin to match the ability of the present Act, supported by policy, to achieve the same ends. That is why, the Bill should not proceed.

Clause by clause commentary

2. Interpretation--
"Inherent values", in relation to any land, means--
(a) Its natural resources (within the meaning of the Conservation Act 1987); and
(b) Its recreational, cultural, and historical values:

Section 2 Conservation Act 1987 reads:
"Natural resources" means--
(a) Plants and animals of all kinds; and
(b) The air, water, and soil in or on which any plant or animal lives or may live: and
(c) Landscape and landform; and
(d) Geological features; and
(e) Systems of interacting living organisms, and their environment;--
and includes and interest in a natural resource".

This is too broad in its scope as it could include exotic animals and plants (including pasture). The purpose of the Reserves Act (s 3) would provide a better aim for the Bill, as this is already DOC's statutory role throughout New Zealand, including the high country.

"Occupation licence" means licence granted under section 66AA of the former Act or section 10 (l) of this Act:

This shows an intention to grant new POLs which is a reversal of the LSB Pastoral Lands Package whereby they were to be phased out due to widespread abuse of this pastoral tenure. This is a major change of policy not discussed with NGOs --has major detrimental implications. More commentary under clause 10, below.

"Reviewable instrument" means instrument (other than an instrument over land that has been vested in a State enterprise under the State-Owned Enterprises Act 1986) that is--
(a) A pastoral lease; or
(b) A lease under section 67 of the former Act; or
(c) An occupation licence:

This includes pastoral leases previously reclassified 'farm land' (especially 1979-81 during compulsory reclassifications, but where the lessee has declined or refused to accept a renewable lease. There are probably only a handful of these. Also includes special leases under s 67(1) allocated to Landcorp in 1986 where there were rights to acquire the freehold. There should not be POLs allocated to Landcorp as we don't believe that any of these would have qualified for reclassification from 'pastoral' to 'farm land'. Clarification required.

Missing definition--
"productive use" in clause 20. This is the key phrase which either allows freeholding of everything or constrains it to areas that grow produce: ie. everywhere there is vegetation!

The meaning must be defined in the Bill, and very constrained, if it is to be used at all. Staff from the Commissioner of Crown land's Office have stated that they interpret 'productive use' as synonymous with 'commercial use'.


3. Tenure

Stocking limitations omitted from pastoral leases. There is no equivalent provision to s. 66(3)--
"s. 66 (3) A pastoral lease may be granted subject to such restrictions as to the numbers of stock to be carried on the land comprised in the lease as the Board determines."


Existing section 66 is repealed in the Second Schedule. This either means that existing stock limitations remain (but no new limitations set as no new leases will be granted), or indicates that there is no intention to regulate stock numbers. Potentially a major increase in lessee rights through removal of restraints on grazing--the primary cause of land degradation! NGO's were assured during consultations that the existing PL contract would remain unaltered except for inclusion of 'conservation' considerations during consent making.

The current system is based on 'base' limitations set for each lease, and 'personal' limitations' which are above the 'base' figure. Personal limitations are negotiated between Landcorp and the lessee and are dependent on the condition of the land and farm manager ability. This extra entitlement is a discretion, and can be an overall increases or limited to particular blocks. This is a non-statutory procedure that should be tied in with Commissioner's discretionary actions (clause 14).

There must be continuation of existing stock limitations in leases, and restraints on the Commissioner's powers to allow stocking above that set in each lease. Otherwise the Crown's primary tool for preventing overgrazing and land degradation is removed. If this occurs there is little point in retaining pastoral leases. See also clause 19.


9. Belated exchange of pastoral leases for renewable leases--(1) Subject to subsection (2) of this section, where--
(a) Before the commencement of Parts I to III 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 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 former Act, 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 was held on renewable lease,--
the Commissioner may under the former Act, 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 was still in force.
(2) Where a renewable lease is granted under subsection (1) of this section,--
(a) It shall be deemed to have been granted under section 126A of the former Act immediately before the land comprised in it was vested in the State enterprise concerned; and
(b) The former Act shall be deemed to have applied, and shall continue 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 reviewable [renewable] lease in exchange for it shall be deemed to have had effect as a transfer of or other dealing with or action affecting it.[hardly plain English drafting!--what does this paragraph mean?]
(3) The granting of a renewable lease under subsection (l) of this section is a disposition for the purposes of section 24 of the Conservation Act 1987.
Clause 9 is to cover previously reclassified pastoral leases where renewable leases have been offered but not accepted by lessee.
Subsection (3) is a most important provision that ensures that marginal strips are laid off.
Note drafting error in paragraph (c)


10. Commissioner may grant occupation licences--(1) Subject to subsections (2) and (3) of this section, the Commissioner may from time to time grant licences to occupy pastoral land.
(2) The Commissioner may, as the Commissioner thinks fit, grant an occupation licence subject to--
(a) The payment of any rent:
(b) Any restrictions on the numbers and kinds of stock to be carried on the land to which it relates.
(3) An occupation licence gives the licensee the exclusive right of pasturage over the land to which it relates; but--
(a) No right of renewal:
(b) No right to the soil:
(c) No right to acquire the fee simple of the land.
(4) The term of an occupation licence--.
(a) Commences on the commencement of the licence; and
(b) Expires on the expiration of the period (in the case of a licence granted after the commencement of this Act, not exceeding 21 years) specified in it after the 1st day of January or July (whichever is the sooner) next following the commencement of the licence.

This is a new and unexpected provision that has not been raised at any time during consultations with NGOs. Under Land Settlement Board policy, no new POLs are to be issued. The LSB adopted a procedure (still applicable) for phasing them out. The reason for this was the widespread misuse of POLs to continue occupation and trespass rights over destocked mountain lands. Thousands of hectares were unreasonably retained under runholder control after they walked away with taxpayer subsidies to destock the land. Subsequently many of these lands have been restocked.

POLs are different from pastoral leases only to the extent that there is no right of renewal. However the practice has been to roll-over the licences on a year-to-year basis rather than comply with the policy requirement to extinguish them. The absence of a right of renewal will not preclude renewal--going by past administrative practice we anticipate that renewal will be the norm. POLs are misnamed; they are in fact leases, distinguishable from pastoral leases only by the lack of a right of renewal.

Resurrecting POLs could completely negate Government's professed commitment to phase out pastoral tenures. POLs are pastoral leases in drag.

POLs will allow continuation of pastoral tenure over lands currently classified as 'pastoral land'. This includes lands currently occupied by pastoral leases, existing POLs, and Unalienated Crown Land still classified as 'pastoral' such as the Greenstone-Elfin Bay-Routeburn properties.

There are no changes to existing statutory provisions. However there should be no provision for issuing new POLs, just like for PLs. There is no limitation in the Bill to granting new POLs.

The 'pastoral land' classification has been deleted by the Bill (see Second Schedule) so there is no definition available. Looks like stuff-up in drafting as they can only grant "licences to occupy pastoral land". Still a need for 'pastoral land' classification, otherwise anything could be deemed to be 'pastoral land' including ungrazable mountain tops and completely denuded lowlands.


11. Procedure on expiry of occupation licences for long terms--(1) Not later than 1 year before the expiry of an occupation licence for a term of.5 years or more (or within such later time as may be practicable), the Commissioner shall determine whether the land should be let again on occupation licence, or on lease or licence under the former Act.
(2) If the Commissioner determines that the land should not be let again, --
(a) The Commissioner may also determine that any specified removable improvements should not be removed from the land; and in that case the licensee,--
(i) Shall not remove, or cause to be removed, from the land any removable improvement specified: but
(ii) Is entitled to compensation for all the specified removable improvements that remain on the land when the licence expires:
(b) Except as provided in paragraph (a) of this subsection, the licensee--
(i) Shall, on or before the expiry of the licence (or within any further time the Commissioner allows), remove all removable improvements from the land; and
(ii) Is not entitled to any compensation for any of those improvements:
(c) The licensee is not in any circumstances entitled to any compensation for any building, fencing, or other improvement on the land that is not a removable improvement.
(3) If the Commissioner determines that the land should be let again, the Commissioner shall--
(a) As soon as is practicable after doing so, cause to be made a valuation of all the removable improvements on the land, and all improvements on the land effected by--
(i) Ploughing any portion and sowing it in grass; or
(ii) Clearing any portion by felling bush or scrub, and sowing it in grass; or
(iii) Surface sowing any portion in grass,with the Commissioner's prior written consent; and
(b) Offer the land for acquisition on lease or licence under the former Act;--
and sections 149(2), 149(3), and 150 of that Act, with all necessary modifications shall apply to the land and the right of the licensee to be paid compensation for those improvements.

The only material change is the adding of express provision for issuing POLs again.


13. Activities involving disturbance to soil--(l) A lessee or licensee of pastoral land shall not--
(a) Without the Commissioner's prior written consent under subsection (3) of this section; or
(b) Otherwise than in accordance with any condition, direction, or restriction subject to which the Commissioner gave such consent,--
do any of the things specified in subsection (2) of this section.
(2) The things referred to in subsection (1) of this section are, in relation to the pastoral land concerned,--
(a) Afforest, crop, cultivate, or plough any portion:
(b) Clear any bush or scrub:
(c) Sow any portion in grass:
(d) Undertake any other activity involving or causing disturbance to the soil.
(3) The Commissioner may, unconditionally or subject to any conditions the Commissioner thinks necessary, authorise a lessee or licensee of pastoral land to--
(a) Cultivate any portion of the land for the purpose of growing winter feed for stock depastured (or to be depastured) on the land:
(b) Crop any portion of the land sufficient for the use of--
(i) The lessee or licensee; or
(ii) Any family, employee, or officer of the lessee or licensee or
(iii) Any family or employee of any officer of the lessee or licensee; or
(c) Plough any portion of the land and sow it in grass:
(d) Clear any portion of the land by felling and burning bush or scrub, and sow it in grass:
(d) Surface sow any portion of the land in grass:
(e) Cultivate any portion of the land for the purpose of growing crops for sale:
(f) Afforest any portion of the land for the purpose of growing timber for sale; and undertake any clearing of bush or scrub necessary for the purpose:
(g) Undertake on the land any other activity involving or causing disturbance to the soil that is necessary or desirable to enable or facilitate the carrying out of--
(i) The activity of pastoral farming; or
(ii) Any other activity for the time being authorised under any of paragraphs (a) to (f) of this subsection.
(4) Unless the Commissioner determines (or has determined) otherwise, every consent under subsection (1) of this section (or section 108 of the former Act) shall be deemed to have been given subject to the condition that the lessee or licensee concerned shall, on the termination of the lease or licence concerned, leave the whole of any portion of the land concerned that has been ploughed or cultivated properly laid down in good permanent grasses to the Commissioner's satisfaction.
(5) Nothing in subsection (1) of this section limits or affects the Crown Minerals Act 1991.

Notable omission is authorisation of earth disturbances in connection with recreation permits. Express prohibition of "any other activity involving or causing disturbance to the soil" is useful however expressly allowing earth disturbances for pastoral farming and any other activity may be detrimental. Why is there a new provision for officers of the lessee and family or employee of any officer?

A possibly serious omission is prohibition of earth disturbance. This could occur for instance on eroded sites or in alpine barrens where there is no mantle of soil to disturb. The clause is confined to soil disturbance.


14. Discretionary actions--(l) In--
(a) Determining whether to act under any of sections 60 (1) or 100 of the former Act, or section 10 of this Act, in relation to any reviewable land; or
(b) Exercising any discretion under section 60(3) of the former Act or section 10 of this Act, in relation to any reviewable land,--
the Commissioner shall have regard to the desirability of ensuring (so far as is practicable) the protection of the inherent values of the land.
(2) In--
(a) Determining whether to act under section 66A (1) of the former Act in relation to any reviewable land; or
(b) Exercising any discretion under section 66A of the former Act, or section 12 or section 13 of this Act, in relation to any reviewable land,--
the Commissioner shall have regard to the desirability of ensuring (so far as is practicable) the protection of the inherent values (other than recreation values) of the land.

This is a weak provision as the Commissioner shall have regard only to the desirability of the protection of 'inherent values' (which could include exotic species), rather than protection. The desirability of protection is a matter that should be beyond doubt. This weakness, along with the cop-out of 'practicality', will mean little change from the existing Act.

For most NGOs, the prospect of this provision provided the greatest hope of improvement on the present Act. Unfortunately it fails dismally.

Also the "other than recreational values" should be deleted. The draughters have confused 'access' and 'recreational use' with 'recreation values'. The latter can exist as potentials for future public recreational use and appreciation in the same way as 'cultural' and historical values. Recreational values are primarily the settings for recreation and opportunities for future use irrespective of there currently being no right of access. 'Cultural values' etc., are deemed to exist and require protection irrespective of the public being unable as of right to visit and appreciate them, so why not protection of 'recreation values'? This is a major component of the Crown's interest in pastoral lands.

There must be added to clause 14 a requirement that in granting any stock limitation above that allowed in the lease the Commissioner shall have regard to the same matters as for other discretionary consents.


15. Breaches of statutory or contractual provisions--(l) In subsection (2) of 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 former Act, or section 12(1) or section 13(1) of this Act, (in its application to the land held under the instrument); or
(b) In contravention of any provision of or covenant contained in the instrument.
(2) If satisfied that the holder of a reviewable instrument has committed a breach, a District Court may, on the application of the Commissioner,-
(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, it is impossible, impracticable, or otherwise inappropriate to remedy the breach, (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, 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 likely costs to the Crown of remedying the breach; or
(ii) Exemplary damages (not exceeding $50,000) for the breach.
(3) The provisions of section 118 of the Property Law Act 1952 are not available in respect of a forfeiture under subsection (2) (c) of this section.

The stepped approach towards remedies is good in theory. It will be the administrative practice (ie. the will to act) that will determine if it is effective. A maximum of $50,000 will not necessarily amount to 'exemplary damages for major breaches.

Omission: what about actions on breaches of 'personal' stock limitation without prior written consent of CCL? 'Base' stock limitation covered by 15(2)(b). The "or otherwise inappropriate" in 15(2)(b) could be a convenient cop-out against requiring damages to be paid. ]


19. Application of Land Act 1948--Except as provided in sections 3 to 19 of this Act, the former Act, so far as it is applicable and with all necessary modifications,--
(a) Continues to apply to every pastoral lease as if it is a lease within the meaning of that Act; and
(b) Continues to apply to every occupation licence granted under section 66AA of the former Act as if it is a licence within the meaning of that Act; and
(c) Applies to every occupation licence granted under section 8 of this Act as if it is a licence within the meaning of that Act.

Either this means that, for instance, lease 'base' stock limitations continue to apply, or that they don't as provision has not been made within clauses 3 to 19 of the Bill.

Paragraph (c) should be deleted, along with power to grant POLs under clause/section 8]


20. Objects of Part II--The objects of this Part of this Act are--
(a) To promote the sustainable management of reviewable land; and
(b) Subject to paragraph (a) of this section, to facilitate--
(i) The restoration to full Crown ownership and control of reviewable land that has high inherent values; and
(ii) The freehold disposal of reviewable land capable of productive use; and
(iii) The creation of appropriate public rights of access to and enjoyment of reviewable land.

The explanatory note to the Bill states "that some of the matters to be facilitated have the potential to conflict with others. The effect is that cases of conflict will involve some balancing of the conflicting objects".

This is the critical clause that will drive tenure reviews in future. It replaces the limitations on freeholding provided by s 51 which tends to minimalise conflicts by sieving out the best farm land that tends not to have 'high inherent values'. The proposal is a return to multiple-use/objectives that applied prior to DOC. It will have the predictable result of inconsistent outcomes, invariably favouring vested interests.

The scheme of the clause places a primary requirement on 'sustainable management' of land with high inherent values under the RMA definition which requires incompatible use and development in addition to protection. Such three-fold objectives are incompatible on lands where the primary requirement is protection.

'Sustainable management' should be confined to land capable of productive (exploitive) use. Public rights of access should be subject to the protection of the natural lands restored to full Crown ownership.

"(i) The restoration to full Crown ownership and control of reviewable land that has high inherent values..." is severely limited by the inclusion of "high". It is continuation of the minimalist approach espoused by DOC in its 'Public Interest Goals' paper and will require a value judgement that is incapable of being challenged. There should be no weighting on 'inherent values', in the same way that there is no weighting on 'land capable of productive use'. The weighting provided by the Reserves and Conservation Acts etc should be allowed to apply.

The "restoration to full Crown ownership and control" is a laudable objective. However this is negated by clause 24 which provides for alienation by way of lease of lands with high inherent values. There is an inescapable contradiction between removing leasehold, "to restore full Crown ownership and control", then instantaneously alienating it again on leasehold. Unfortunately the particular provisions of clause 24 will override the objects of clause 20.

"(ii) The freehold disposal of reviewable land capable of productive use..." provides no restraint on freeholding of lands capable of productive use. It can be applied to all lands capable of productive use. There is no restraint on its application in the same way that restraints apply to Crown ownership and the creation of public access under (i) and (iii) respectively.

See also the discussion of 'productive use' under clause 2.

(iii) The creation of appropriate public rights of access to and enjoyment of reviewable land, contains an automatic discretion to limit public access thereby establishing privileges rather than rights of access. It also applies over all reviewable land, meaning that there may be no clear distinctions in access 'rights' between new private, public, and leasehold land. It is the John Williamson scenario that access can be provided over private land as an alternative to retaining public land. Naturally the access will be controlled and conditional; the land occupier will dictate the terms, just like at present.

What is needed in most cases is assured, certain rights of public access to public lands, free of interference or restraint by private interests (either owners or occupiers). It is probably only for game bird hunting on farm land lacking much in the way of natural values that (constrained) rights of entry and use of private land is appropriate.

The bias towards freeholding, the lack of definition of 'productive use', the constraints on public ownership and access, confirm the privatisation intent and approach of government

Examination of Part II of the Bill confirms earlier NGO fears that the Bill is being primarily driven by privatisation forces. We believe that this must be rejected in favour of continuation of tenure review under existing law.


21. Matters to be taken into account by Commissioner--In acting under this Part of this Act, the Commissioner shall (to the extent that those matters are applicable) take into account--
(a) The objects of this Part of this Act; and
(b) The principles of the Treaty of Waitangi.

If the objects were okay this provision would be adequate, excepting for the requirement to take into account the principles of the Treaty of Waitangi. It is apparent that the 'principles' are whatever anyone, with a political-correct stick to wave, deems them to be. Therein lies the danger that, through administrative and political expediency, resources that should otherwise be returned to full public ownership and control will be alienated to Maori, whether they be claimants, non-claimants, invalid claimants, or anyone claiming to be Maori.


23. Undertaking of tenure reviews--(1) The Commissioner may, on the written invitation or with the written agreement of the holder or holders, cause to be undertaken--
(a) A review of the tenure of all the land for the time being held under any reviewable instrument; or
(b) A review of the tenure of all the land for the time being held under 2 or more reviewable instruments under which adjacent or neighbouring land is held.
(2) The Commissioner may at any time discontinue a review; and shall discontinue a review if asked in writing by the holder, or 1 of the holders, concerned.

There is no provision for 'early-warning' meetings or early consultation with NGOs, as occurs under the existing (policy) procedures. There is no guarantee that this will occur under an amended Act. If it did, the Commissioner's conduct may be open to challenge through the courts by a disgruntled lessee, in view of the statutory provision under clause 25 for public consultation at a latter stage. The possibility of this highlights the danger of codifying the consultation procedure. This scenario is the reverse of what the Minister said was the reason for enacting a tenure review process--he claimed that lessees could challenge the existing process, but we doubt this as they voluntarily enter into the process knowing in advance on what process the CCL will use, and they can back off if they don't like the result.


24. Preliminary proposals may be put to holders--(1) After the completion of a review under section 23 of this Act, the Commissioner may in writing put to the holder or holders of any instrument or instruments concerned a preliminary proposal to designating the land (or various areas of it) as--
(a) Land to be restored to the Crown; or
(b) Land to be restored to the Crown subject to the granting to the holder of a lease (on terms specified in the proposal) under section 73 of the Reserves Act 1977 or section 14 of the Conservation Act 1987; or
(c) Land to be disposed of to the holder by freehold disposal;or
(d) Land to be disposed of to the holder by lease under section 67 of the former Act; or
(e) Other land.

The scope of the review is disclosed as a 'designation of land', rather than a review of the nature and suitability of the land for different uses, along with tenure proposals. If preliminary proposals are confined to 'tenure' matters there will not be much basis for assessing the appropriateness of the proposals, or, at a latter date, challenging decisions. If the reviews are limited to 'tenure' matters there will not be much need to consult NGOs/the public for resource or other information.

There are 5 categories proposed.
Under (a) there is no hint of what capacity the land will be restored to the Crown. As Crown land, SOE land or public conservation estate?. There are no guarantees that any land will go to the public conservation estate free of encumbrances such as leases and other private property rights.
(b) is a worry, dependent on how extensively it is used, which is likely to be extensive given the requirement under subsection 3(d) to grant leases over areas with high inherent values (see below).
s 73 Reserves Act = leasing of recreation reserves for farming, grazing, afforestation, or other purposes.
s. 14 Conservation Act =conditions on the issuing of leases and licences, etc., currently being reviewed by Cons. Amendment Bill (No. 2). DOC is liable to be turned into a multiple-use facilitator and beneficiary of primary production.
(d) special leases should have the terms of lease specified in the proposal.
(e) 'other land' is a potential disaster, as it will open the door to all manner of 'flexibility' and abuse, given that there are no criteria for its application. It is unclear what tenure(s) are proposed under 'other land'. It could be Unalienated Crown Land, freehold with covenants, SOE land, you name it! Clarification is required, however whatever the official 'intention', (e) is worded wide open.

(2) Subject to subsection (3) of this section, the Commissioner may propose to designate any area of land as land to be disposed of to the holder unconditionally, or subject to the creation of 1 or more.protective mechanisms, each relating to either or both of the following matters:
(a) Public access to or enjoyment of the land:
(b) The sustainable management of the land.

'Protective mechanisms' are confined by clause 2 to easements and covenants. This demonstrates a dependency on covenants and private management of the public interest in the high country. Government has not taken on-board any NGO concerns about the adequacy and security of these mechanisms. They have failed to respond to any of the matters documented in the PANZ monograph on the subject.

"Any area of land " can be disposed of without 'protective mechanisms', or with them no matter how inadequate these are. It is not necessary to be a rocket scientist to realise the implications!

(3) The Commissioner--
(a) Shall not propose the designation of any area of land as land to be disposed of to the holder subject to the creation of a covenant under section 22 of the Queen Elizabeth the Second National Trust Act 1966 without the prior written consent of the Queen Elizabeth the Second National Trust:
(b) Shall not propose the designation of any area of land as land to be disposed of to the holder subject to the creation of an easement under section 8 of the New Zealand Walkways Act 1977 without the prior written consent of the Minister of Conservation:
(c) Shall not propose the designation of any area of land as land to be disposed of to the holder subject to the creation of a covenant under section 77 of the Reserves Act 1977 or section 27 of the Conservation Act 1987 without the prior written consent of the Minister of Conservation:
(d) Shall not propose the designation of any area of land as land to be restored to the Crown subject to the granting to the holder of a lease under section 73 of the Reserves Act 1977 or section 14 of the Conservation Act 1987 without the prior written consent of the Minister of Conservation, who shall not give consent unless satisfied that the area has high inherent values that will be protected by the terms of the lease.

The options above probably disclose the full extent of 'protective mechanisms' intended. If access is confined to Walkways there is scope for prohibition and restriction of access, in particular for guns, dogs, horses, and motor vehicles where provision may be desirable. There is no security for Walkway access as conditions of use can be imposed by agreement, regulation or bylaw with access liable to closure at any time at the request of the landowner or adjoining landowner. There is need for a far wider range of options for effecting a variety of means of public access to public lands and marginal strips etc., than just Walkways. There should also be ability to create Crown Land strips in lieu of public roads, as well as public roads. The former have been used at Birchwood and Bendigo Stations when local authorities have been initially unwilling to accept roads under their jurisdiction. The strips are a convenient and temporary measure for creating public roads. These provide the most secure public rights of access of any form of right-of-way.

The requirement that areas leased have "high inherent values" is a disaster--this is targeting areas for alienation to private interests that should be under full public ownership and control!

(5) The proposal shall also specify--
(a) Any amounts of money proposed to be paid (including any amounts proposed to be paid by way of equality of exchange) if land is ultimately dealt with as it has been designated; and
(b) In respect of every sum specified, the point at which it will become payable.

Essential provision for the lessee and the Crown, but at some stage we believe this should become public knowledge as a deterrent against corrupt 'discounting' of purchase prices.


25. Commissioner to give notice of preliminary proposals--(1) Where a preliminary proposal has been put under section 24 of this Act, the Commissioner shall give notice,--
(a) Specifying the land, a day (no sooner than 40 days after the publication of the last of the notices to be published), and an address; and
(b) Subject to subsection (2) of this section, describing the proposal in general terms,--
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 shall not disclose any matter referred to in section 24(5) of this Act.
(3) The Commissioner shall cause the notice to be published--
(a) In some newspaper circulating in the area in which the land concerned 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.
(4) The Commissioner shall also cause a copy of the notice to be given to the iwi authority (within the meaning of the Resource Management Act 1991) of the area in which the land concerned is situated, and shall consult that authority on the proposal.

Submission period should be 40 working days, excluding statutory holidays and the period 24 December to 6 January (as per CCL's existing procedures).

More than 'notice' is needed. The preliminary proposal must be made available.

Need provision for public inspection of property by arrangement through the CCL or his agent. .

Advertisements also needed in daily newspapers in Invercargill and Blenheim.]


26. Substantive proposals may be put to holders--Subject to section 28 of this Act, the Commissioner may in writing put to the holder or holders of the instrument or instruments concerned (or any of them) a substantive proposal that is (so far as it relates to that holder or those holders) the same as or a modified version of a preliminary proposal previously put to that holder or those holders.

Needs to be subject to section 27 as well.


27. Commissioner to consider submissions--The Commissioner shall 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; and
(b) All written submissions relating to the preliminary proposal concerned received by the Commissioner from any person or organisation) on or before the day specified in the notice given under section 25 of this Act at the address specified in that notice.

This is a really weak stage. There is no basis to challenge the CCL's 'consideration' of submissions. There are no criteria or bottom lines that the CCL has to satisfy. He will do a balancing act under clauses 20 and 21. Maori may have a basis for challenge, but no one else will.


28. Acceptances--(1) The holder of a reviewable instrument may, by written notice to the Commissioner, accept or reject any proposal put to the holder under section 26 of this Act.
(2) If the Commissioner does not receive an acceptance within 3 months of putting the proposal to any person, the person shall be deemed to have rejected it.
(3) Where the proposal--
(a) Relates to the 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 shall not take effect unless it is also accepted by the other holder or holders concerned.

(3) will inhibit individual acceptance by individual lessees. If one of their number don't agree to a proposal the whole deals falls over. It gives one lessee a power of veto over proposals on others' property which is an infringement of the the lessee-lessor contractual relationship. Currently there are several tenure reviews on Otago involving multiple adjoining properties (Remarkables, Pisa and Rock and Pillar ranges). This approach is good but if one lessee disagrees this does not prevent tenure reviews on other properties.

(4) If any person other than the holder of the instrument concerned has an interest in the land, its acceptance by that holder shall not take effect unless the notice contains that person's written consent to the holder's acceptance.

(5) Subject to subsections (3) and (4) of this section, the acceptance of a proposal put to the holder under section 26 of this Act shall have effect as an irrevocable authority to and obligation on the Commissioner to take the actions specified in section 29 of this Act.

This could cause problems if there are errors or inadequate definition of boundaries in the substantive proposal. It is only after surveying that boundaries can be fixed precisely or the exact extent of marginal strips can be determined. Substantive proposals can at best only be best guesses. If errors occur, or calculated areas are different (a certainty) as a result of survey action, subsection (5) would require the CCL to implement the errors. This highlights the disadvantage of codifying a process like this-- could be counter-productive.

The present process whereby the process is a matter of policy that can change as necessary to accommodate unforeseen circumstances, being dependent on goodwill between the stakeholders is far superior. Changes to the 'finally' approved proposal can occur without the risk of the CCL being sued for breach of contract by a lessee, as ultimately the CCL retains a discretion to reclassify the land. Clause/section 28 creates an obligation to proceed with proposals that may be defective and in breach of other requirements under the Survey Act and regulations, and the Conservation Act (requirements for laying off marginal strips)].


29. Actions--(1) Subject to subsection (2) of this section,--
(a) To the extent that an accepted substantive proposal designates land as land to be restored to the Crown unconditionally, it shall be deemed to be a surrender of the instrument concerned; and the Commissioner shall deal with it accordingly under the former Act:

The same problems arising from inaccurate definition of boundaries, discussed above, will occur here. The 'surrender' may become invalid, conceivably requiring special empowering legislation on individual cases to override the requirements of other statutes. The only way to provided assurance of boundaries and areas is prior survey, which may produce results different from the accepted substantive proposal.

(b) To the extent that an accepted substantive proposal designates land as land to be restored to the Crown subject to the holder of a lease under section 73 of Reserves Act 1977,--
(i) On receipt by the Commissioner of a certificate from the Chief Surveyor of the district in which the land is situated that it has been surveyed, the land shall become vested in the Crown as a reserve and the instrument concerned shall be deemed to have been surrendered; and
(ii) The Minister of Conservation shall (in accordance with the proposal) grant the holder a lease, with effect from acceptance, under that section; but
(iii) Nothing in subsection (4) of that section shall apply to the granting of the lease:

Section 73 Reserves Act 1977 =leasing of recreation reserves for farming, grazing, afforestation, or other purposes. Subsection (4) =requirement for public notice prior to leasing

Note that recreation reserve afford the lowest order of protection and management of natural values available under Reserves Act. We guess that Government has gone for recreation reserves as they are the most lenient of leasing and private use. Where are the scenic or nature reserves that provide the most appropriate protection of natural values?

(d) To the extent that an accepted substantive proposal designates land as other land, it shall be deemed to be a surrender of the instrument concerned; and the Commissioner shall try to dispose of that land under the former Act:

Look out degraded or other lands! Disposal could be by sale or lease.

(f) In complying with paragraph (e) of this section, the Commissioner shall act as if the reviewable instrument concerned has already been surrendered (and the District Land Registrar shall act likewise); but the instrument shall in fact continue in force until a certificate of title or registered lease is issued for the land concerned, and shall then be deemed to have been surrendered:

(g) Where an accepted substantive proposal includes the creation of a covenant under section 22 of the Queen Elizabeth the Second National Trust Act 1966, the Commissioner shall create the covenant by reservation (citing that section) with the consent of but otherwise without the involvement of the Queen Elizabeth the Second National Trust; but it shall be deemed to have been created under that section:
(h) Where an accepted substantive proposal includes the creation of an easement under section 8 of the New Zealand Walkways Act 1977, the Commissioner shall create the easement (citing that section) with the consent of but otherwise without the involvement of the Minister of Conservation; but it shall be deemed to have been created under that section:

(i) Where an accepted substantive proposal includes the creation of a covenant under section 77 of the Reserves Act 1977 or section 27 of the Conservation Act 1987, the Commissioner shall create the covenant by reservation (citing the section concerned) with the consent of but otherwise without the involvement of the Minister of Conservation; but it shall be deemed to have been created under that section.
(2) Where the proposal specified the payment of any amount to the Crown, the Commissioner shall not proceed beyond the point specified for its payment until it has been paid.

Need for notification to all submittors of the decision including a plan representation of the decision.


30. Implementation of proposal not to be subdivision--For the avoidance of doubt, it is hereby declared that taking action under section 29 of this Act in respect of a proposal involving dealing in different manners with different parts of the land held under a reviewable instrument is not a subdivision of that land for the purposes of section 218 of the Resource Management Act 1991.

Section 218 Resource Management Act 1991 =subdivision/ esplanade requirements--unnecessary as marginal strips being laid off. Also avoids having to obtain consents of district council before tenure reviews can proceed--highly desirable in our view. We understand that uncertainty over whether local authority consents are required has been a difficulty under the present process


31. Land management covenants--(1) Notwithstanding any enactment or rule of law, there may be reserved over any reviewable land disposed of under this Part of this Act 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 effect on the land.
(2) Every covenant runs with and binds the land to which it relates; and shall be deemed to be an interest in land for the purposes of the Land Transfer Act 1952.
(3) The District Land Registrar of the land registration district in which land over which a covenant has been created shall, on application by the Commissioner, without fee take all steps, and make all entries in the registers, necessary to give
effect to its creation.
(4) With the prior written consent of the regional or district council in which the land concerned is situated, the Commissioner may transfer to the council the Commissioner's interest in a Covenant.

The big cop-out clause for Government to rid itself of responsibility for ensuring sustainable land use, or other management of freeholded land. This clause could be applied over any freeholded land, including that with predominantly natural values that should be retained in Crown ownership. Raises again the question of the appropriateness of the covenant approach.

Schedules

Provision Amended & Amendment

Section 51
By repealing subsection (3) and substituting the following subsection:
"(3) The Commissioner may classify
again under subsection (l) of this section 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."

This is the key removal of the ability to reclassify pastoral land. In the absence of establishing comprehensive criteria for alienating or retaining Crown land the current classification and reclassification provisions of section 51 must be retained.


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

There must be reinstatement of 'pastoral land' in s 51--also necessary in relation to POLs over 'pastoral land' which will be undefined if the Bill proceeds.


Section 33

Second Schedule
CONSEQUENTIAL REPEALS

[Cf. s 51. Classification of Crown land--(l) All Crown land available for disposal under this Act may be classified by the Board into-
(d) Pastoral land, being land that is suitable or adaptable primarily for pastoral purposes only.

This must be retained.


66. Pastoral leases--repealed

Existing PLs are subject to the former Act except as amended by the Bill, however if the former s 66 is repealed, does this mean that those former provisions, like stock limitations, no long exist and cannot therefore be applied?


Yours faithfully




Bruce Mason
Researcher & Trustee



Public Access New Zealand, P.O.Box 17, Dunedin, New Zealand