This page last modified 24 October 2002

South Island high country
Tenure Reviews
South Island pastoral lease MAP
Marlborough - Canterbury - Otago - Southland


Pastoral Lease Tenure Review Process

 

Since passage of the Crown Pastoral Land Act 1998, the Land Act 1948 process has been replaced by Standard Operating Procedures for LINZ and DOC

 

Land Information New Zealand's
"Phases of Tenure Review"
(based on LINZ's SOPs)

6 - Pre Tenure Review
6_2.6 Completion of due diligence report.
6_3.3 Completion of land status check.
6_4.4 Completion of scoping report.

7 - Commencement of Tenure Review
7_2.1 Holder issues invitation to undertake tenure review.
7_5.1 CCL accepts invitation.
7_5.2 Holder advised of CCL decision to undertake review.
7_5.3 Review included in Tenure Review Schedule.
7_7.4 CCL approves report for completion of project plan and advises service supplier of date of approval.

8 - Preliminary Proposal for Tenure Review
8_2.1.1 Early warning meeting held.
8_2.1.2 Inspection by DGC commences.
8_2.1.4 Arrangements have been made for inspection if required by iwi.
8_2.3.1 Conservation Resources Report completed & provided to service supplier.
8_3.3 Service supplier provides CCL with submission and drafting instructions.
8_3.7 CCL instructs Legal Services to prepare draft preliminary proposal. (Date of CCL approval.)
8_3.7 CCL instructs Legal Services to prepare draft preliminary proposal. (Date of CCL approval.)
8_3.8 Legal Services delivers draft preliminary proposal.
8_3.8 Legal Services delivers draft preliminary proposal.
8_4.1 DPP is presented to holder.
8_4.2 Holder acknowledges draft preliminary proposal

9 - Substantive Proposal for Tenure Review
9_2.6 Service supplier reports back to CCL on consultation.
9_3.2 Submits drafting instructions to CCL. For Draft SP.
9_3.3.1 CCL instructs Legal Services to prepare draft substantive proposal. (Date of CCL approval.)
9_3.3.2 Legal Services delivers draft substantive proposal.
9_3.4.1 Draft Substantive Proposal is put to the holder.
9_3.4.2 Holder acknowledges draft substantive proposal
9_4.2 Service supplier seeks consent and provided information required by the minister.
9_4.5 Service supplier reports to CCL.
9_5.4 CCL instructs Legal Services to finalise substantive proposal and notice. (Date of CCL approval.)
9_5.5 Legal Services delivers substantive proposal.
9_5.6 Service supplier submits final substantive proposal and notice to the CCL.
9_5.8 Service supplier puts SP to holder.
9_5.8.2 The notice of the holders complies with Section 46 CPL Act.
9_6.1 Holder accepts substantive proposal
9_6.3 Service supplier advises CCL of acceptance or otherwise.
9_7.2 CCL signs off on report from service supplier.

10 - Implementation of Substantive Proposal for Tenure Review
10_2.5 CCL advised that notice of acceptance lodged for registration.
10_2.6 Registration confirmed and unconditional settlement recorded in LIPS.
10_3.5 CCL advised of Chief Surveyor's notification of what needs to be surveyed and what does not
10_4.4 CCL notified that survey plan(s) lodged for approval, fencing completed and other conditions met.
10_5.2 CCL notified that final plan conforms to SP & section 62 can be complied with.
10_5.7 CCL notified that final plan has been endorsed by the Chief Surveyor.
10_5.8 Service supplier attends to settlement financial transactions.
10_6.4 CCL notified of registration of proposal and final plan.
10_11.2 DGC notified of registration (with copy of registered proposal).
10_7.3 CCL advised of completion of Tenure Review.


 

Original tenure review process under Land Act 1948

 

STEP 1. Department of Conservation (DOC), Fish and Game Councils (FGC) and Knight Frank (NZ) Ltd identify properties for inclusion in tenure review programme,
or

STEP 2. Lessee indicates interest in tenure review to Knight Frank or DOC

STEP 3. Knight Frank confirm lessee interest in pursuing tenure review and provide any known information, and the likely value of the property.

STEP 4. Knight Frank request CCL consent to proceed with investigation outlining a likely proposal.

STEP 5. CCL grant Knight Frank approval to develop proposal in consultation with DOC and FGC subject to early consultation with Public Interest Groups and Te Runanga O Ngai Tahu (Ngai Tahu)

[Steps 6 and 7 will be done in conjunction with each other]

STEP 6. DOC, FGC with Knight Frank, calls informal Early Warning Meeting of groups to assist with the establishment of public interest in the area, and discuss Crown interests.

Knight Frank to confirm with lessee that information on boundaries is correct and advise of meeting (lessee to attend if wishes to).

DOC provides boundary map and basic data (or arranges for Knight Frank to provide if uncertain of boudaries).

FGC provides basic data.

Umbrella groups to be contacted:

Royal Forest and Bird Protection Society NZ
Federated Mountain Clubs
Public Access New Zealand
Local Interest groups

Outcome:
To identify­
Interest in area
Areas of extra research
Other interest groups to be informed
Potential conflicts

Reasons for confidential information to be withheld to be explicitly identified as required under the Official Information Act 1982.

STEP 7. Knight Frank to consult other interested parties

Regional and Local Authorities
Other government departments
State Owned Enterprises (e.g. Electricity Corporation of NZ)
Farmer groups, including High Country Committee of Federated Farmers and High Country Trustees

DOC provides boundary map and basic data (or arranges for Knight Frank to provide if uncertain of boudaries).

FGC provides basic data.

Reasons for confidential information to be withheld to be explicitly identified as required under the Official Information Act 1982.

STEP 8. Knight Frank, FGC and DOC discuss interests with lessee and confirm lessee's continued interest in negotiated review.

STEP 9. Knight Frank consult lessee about inspections of the specified area by representatives of public interest groups.

Interest groups to contact Landcorp Property to arrange inspections.


STEP 10. Knight Frank advise Public Interest Groups who intended Early Warning Meeting of lessee decision to continue tenure review, and other interested parties identified in step 7.

Public Interest Groups continue research highlighted at Early Warning Meeting and may continue to exchange resource information with DOC.


STEP 11. Knight Frank/DOC/FGC formally inspect property.

STEP 12. Ngai Tahu officials invited to joint inspection after consultation between Lessee/Knight Frank.

STEP 13. DOC provide Knight Frank with a description of extent of interest with supporting data including Public Interest Group comments.

DOC provide briefing paper to Conservation Board

Reasons for confidential information to be withheld to be explicitly identified as required under the Official Information Act 1982.

STEP 14. Knight Frank/DOC/FGC discuss Crown's interest, and jointly develop draft proposal.

STEP 15. Knight Frank/DOC/FGC meet with lessee, explain proposal, and negotiate draft proposal in principle until either

agree on price and terms which both parties can accept
or abandon negotiations.


STEP 16. Knight Frank reports to CCL with recommendation to advertise draft proposal.

STEP 17. CCL consults with Ngai Tahu on draft proposal.

STEP 18. Knight Frank publicly advertise on CCL concurrence.

Advertisements to appear in major regional Saturday and following Wednesday newspapers.
Advertisement to notify of 40 working days to provide submissions.
Working days excludes statutory holidays and the period 24 December to 6 January.

STEP 19. Knight Frank automatically send draft proposal at time of advertising to listed Public Interest Groups

who attended Early Warning Meeting
local groups who have notified their interest in the area.


STEP 20. Public (including interest groups) provide submissions by closing date.

STEP 21. Knight Frank analyse submissions

Discuss with DOC and public groups as required
Copies of analysis provided to interest groups on request
Copy of ananysis is sent to lessee

STEP 22. Joint Knight Frank/DOC/FGC/Lessee inspection to discuss submissions, outstanding issues and complete negotiations.

STEP 23 A. The process provides for any government agency to be involved in the process. If there is a conflict of interest between agencies the CCL refers the matter to the Minister of Lands who refers it to Cabinet for a decision.

STEP 23 B. Knight Frank prepares final report and recommendation to CCL.

Endorsed by DOC/FGC
To address reclassification and other statutory considerations.

STEP 24. CCL further consults with Ngai Tahu if proposal involves increased freeholding.

STEP 25. CCL advises Knight Frank of decision.

STEP 26. Formal offer made by Knight Frank on behalf of Commissioner of Crown Lands to lessee and DOC

STEP 27. All groups submitting submissions advised by Knight Frank of decision

provided with a plan representation of decision.

STEP 28. Implementation by Knight Frank, FGC and DOC.

STEP 29. Subsequent Ministerial approvals to conservation/reserve status sought by DOC.

STEP 30. Gazettal by DOC.

STEP 31. Public informed by Knight Frank/DOCFGC.



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