Crown Pastoral Land Act 1998

1: Short Title
This Act may be cited as the Crown Pastoral Land Act 1998.
1A: Purpose
The purpose of this Act is to provide for the administration of pastoral land in a way that seeks to achieve the following outcomes:
a: maintaining or enhancing inherent values across the Crown pastoral estate for present and future generations, while providing for ongoing pastoral farming of pastoral land:
b: supporting the Crown in its relationships with Māori under te Tiriti o Waitangi/the Treaty of Waitangi:
c: enabling the Crown to get a fair return on its ownership interest in pastoral land. Section 1A inserted 17 November 2022 section 5 Crown Pastoral Land Reform Act 2022
2: Interpretation
Unless the context requires otherwise, in this Act,— approved plan section 90 base carrying capacity Part 1A Part 1A chief executive commencement
a: means the day on which it was granted, if the land was not held under some other reviewable instrument on that day:
b: means the day on which the other reviewable instrument was determined, if the land was held under some other reviewable instrument on the day on which it was granted Commissioner section 24AA concession
a: concession granted directly under Part 3B
b: concession granted under Part 3B section 59A
c: lease under section 73 Part 3B concession designation
a: designating any land as land to be restored to or retained in Crown control as conservation area or reserve, subject to the granting of a concession; or
b: designating any conservation area or reserve as land to remain conservation area or reserve subject to the granting of a concession conservation area section 2(1) Crown assessor section 23C Crown land section 2 Crown ownership cultivation current carrying capacity Part 1A Part 1A department discretionary pastoral activity section 10 ecosystem effect
a: includes the following effects, regardless of the scale, intensity, duration, or frequency of the effect:
i: any positive or adverse effect:
ii: any temporary or permanent effect:
iii: any past, present, or future effect:
iv: any cumulative effect which arises over time or in combination with other effects; and
b: includes any potential effect of high probability; and
c: includes any potential effect of low probability which has a high potential impact expert determiner section 23F(1)﻿(a)﻿(i) grazing permit section 68A historic place
a: means—
i: any land (including an archaeological site); or
ii: any building or structure (including part of a building or structure); or
iii: any combination of land and a building or structure,— that forms part of the historical and cultural heritage of New Zealand; and
b: includes anything that is in or fixed to any such land holder holder's improvement
a: subject to paragraph (b), means improvement on the land effected, erected, made, or paid for by the holder or any predecessor of the holder; but
b: does not include improvement effected by doing (before or after the commencement of this Act) any thing specified in section 16(1) improvement
a: means substantial improvement of a permanent character; and
b: includes bridging; clearing of broom, bush, gorse, scrub, or sweetbriar; constructing border dykes, head races, irrigation works, sheep dips, water races, water supplies, or water tanks; cultivation; draining; erecting any building; fencing (including rabbit-proof fencing); improving in any way the character or fertility of the soil; installing any electric lighting, electric power plant, or telephone; laying out and cultivating gardens; making embankments or protective works of any kind; planting with trees or live hedges; reclamation from swamps; roading; and sinking wells or bores inherent value
a: means a value that arises from an ecological, a landscape, a cultural, a heritage, or a scientific attribute or characteristic of a natural resource that—
i: is in or forms part of the land or exists by virtue of the natural character of the land; or
ii: relates to a historic place on or forming part of the land; but
b: does not include a pastoral farming activity land the land lessee's assessor section 23F(1)﻿(b) marginal strip section 24 section 24E(3) section 24G section 24C Minister natural resources
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: ecosystems;— and natural resource neighbouring occupation licence section 66AA section 14(7) pastoral land section 51 pastoral lease section 66 permitted pastoral activity section 10 prohibited pastoral activity proposed activity proposed facility protective mechanism
a: easement under section 12 section 7(2) sections 26 to 29
b: covenant under section 22 section 77 section 27 section 39
c: sustainable management covenant renewable lease
a: section 63
b: the corresponding provisions of any Act repealed by that Act; or
c: the corresponding provisions of any Act relating to the disposal of Crown land repealed before 1 April 1949 rent review date
a: the day immediately after the first period of 11 years from the commencement date of the pastoral lease:
b: the day immediately after the second period of 11 years from the commencement date of the pastoral lease:
c: the day immediately before the expiry of the pastoral lease if the pastoral lease is to be renewed reserve section 2(1) reviewable instrument reviewable land
a: is held under a reviewable instrument; or
b: is pastoral land not for the time being held under a reviewable instrument reviewable lease section 66(1) section 67
a: a lease over land all of which has been vested in a State enterprise under the State-Owned Enterprises Act 1986
b: a lease under section 67 significant inherent value Reserves Act 1977 Conservation Act 1987 sowing sow special lease section 67(2) specified specified person stock limitation
a: restriction under section 66(2)
b: restriction under section 66(3) stock unit Part 1A section 23O(1)﻿(a)﻿(iii) Surveyor-General section 4 sustainable management covenant section 97(1) te Tiriti o Waitangi/the Treaty of Waitangi section 2 undertake unrenewable occupation licence
a: an occupation licence granted under section 66AA section 14(4)
b: an occupation licence granted under section 66AA section 14(5)
c: an occupation licence granted under section 14(7) unused Crown land Valuer-General section 2 working day
a: a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, Te Rā Aro ki a Matariki/Matariki Observance Day, and Labour Day; and
b: if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and
c: a day in the period commencing on 25 December in any year and ending with 15 January in the following year. Section 2 approved plan amended 18 May 2022 section 18 Crown Pastoral Land Reform Act 2022 Section 2 base carrying capacity inserted 6 July 2012 section 4(1) Crown Pastoral Land (Rent for Pastoral Leases) Amendment Act 2012 Section 2 chief executive inserted 17 November 2022 section 6(1) Crown Pastoral Land Reform Act 2022 Section 2 Chief Surveyor repealed 17 November 2022 section 6(3) Crown Pastoral Land Reform Act 2022 Section 2 Commissioner inserted 6 July 2012 section 4(1) Crown Pastoral Land (Rent for Pastoral Leases) Amendment Act 2012 Section 2 Crown assessor inserted 6 July 2012 section 4(1) Crown Pastoral Land (Rent for Pastoral Leases) Amendment Act 2012 Section 2 current carrying capacity inserted 6 July 2012 section 4(1) Crown Pastoral Land (Rent for Pastoral Leases) Amendment Act 2012 Section 2 department inserted 6 July 2012 section 4(1) Crown Pastoral Land (Rent for Pastoral Leases) Amendment Act 2012 Section 2 discretionary pastoral activity inserted 17 November 2022 section 6(1) Crown Pastoral Land Reform Act 2022 Section 2 effect inserted 17 November 2022 section 6(1) Crown Pastoral Land Reform Act 2022 Section 2 expert determiner inserted 6 July 2012 section 4(1) Crown Pastoral Land (Rent for Pastoral Leases) Amendment Act 2012 Section 2 inherent value replaced 17 November 2022 section 6(2) Crown Pastoral Land Reform Act 2022 Section 2 land inserted 6 July 2012 section 4(1) Crown Pastoral Land (Rent for Pastoral Leases) Amendment Act 2012 Section 2 lessee's assessor inserted 6 July 2012 section 4(1) Crown Pastoral Land (Rent for Pastoral Leases) Amendment Act 2012 Section 2 Minister inserted 6 July 2012 section 4(1) Crown Pastoral Land (Rent for Pastoral Leases) Amendment Act 2012 Section 2 pastoral lease inserted 6 July 2012 section 4(1) Crown Pastoral Land (Rent for Pastoral Leases) Amendment Act 2012 Section 2 permitted pastoral activity inserted 17 November 2022 section 6(1) Crown Pastoral Land Reform Act 2022 Section 2 prohibited pastoral activity inserted 17 November 2022 section 6(1) Crown Pastoral Land Reform Act 2022 Section 2 protective mechanism amended 30 September 2008 section 82 Walking Access Act 2008 Section 2 protective mechanism amended 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 Section 2 rent review date inserted 6 July 2012 section 4(1) Crown Pastoral Land (Rent for Pastoral Leases) Amendment Act 2012 Section 2 rental value repealed 6 July 2012 section 4(2) Crown Pastoral Land (Rent for Pastoral Leases) Amendment Act 2012 Section 2 stock unit inserted 6 July 2012 section 4(1) Crown Pastoral Land (Rent for Pastoral Leases) Amendment Act 2012 Section 2 Surveyor-General inserted 17 November 2022 section 6(1) Crown Pastoral Land Reform Act 2022 Section 2 te Tiriti o Waitangi/the Treaty of Waitangi inserted 17 November 2022 section 6(1) Crown Pastoral Land Reform Act 2022 Section 2 Valuer-General inserted 6 July 2012 section 4(1) Crown Pastoral Land (Rent for Pastoral Leases) Amendment Act 2012 Section 2 working day replaced 1 January 2014 section 8 Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 Section 2 working day replaced 12 April 2022 wehenga 7 Te Ture mō te Hararei Tūmatanui o te Kāhui o Matariki 2022 section 7 Te Kāhui o Matariki Public Holiday Act 2022
2A: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1AA Section 2A inserted 17 November 2022 section 7 Crown Pastoral Land Reform Act 2022
3: Act binds the Crown
This Act binds the Crown.
1: Pastoral leases and occupation licences
Part 1 replaced 17 November 2022 section 8 Crown Pastoral Land Reform Act 2022
1: Outcomes, activities on pastoral land, and decision-making process
Subpart 1 heading inserted 17 November 2022 section 8 Crown Pastoral Land Reform Act 2022 Outcomes Heading replaced 17 November 2022 section 8 Crown Pastoral Land Reform Act 2022
4: Outcomes for decision makers
1: All persons performing or exercising the Crown’s functions, duties, or powers in relation to pastoral land under this Act or the Land Act 1948
a: maintaining or enhancing inherent values across the Crown pastoral estate for present and future generations, while providing for ongoing pastoral farming of pastoral land; and
b: supporting the Crown in its relationships with Māori under te Tiriti o Waitangi/the Treaty of Waitangi; and
c: enabling the Crown to get a fair return on its ownership interest in pastoral land.
2: Subsection (1)﻿(c) applies only to functions, duties, or powers that relate to rents, easements, or commercial recreation permits in respect of pastoral land. Section 4 replaced 17 November 2022 section 8 Crown Pastoral Land Reform Act 2022
5: Māori interests
1: In order to recognise and respect the Crown’s responsibility to give effect to the principles of te Tiriti o Waitangi/the Treaty of Waitangi, the Crown—
a: must recognise and provide for the relationship of Māori and their culture and traditions with their ancestral lands, water, mahinga kai, wāhi tapu, and other taonga in any case where—
i: consent for a discretionary pastoral activity is sought; or
ii: a commercial recreation permit over pastoral land is sought; or
iii: an easement over pastoral land is sought; or
iv: a stock limitation exemption or a variation or revocation of a stock limitation exemption is sought (except a grant, variation, or revocation made under section 15(4)
v: a protective mechanism is being considered; and
b: must consult the relevant iwi listed in subsection (2) in accordance with sections 22A 22C 100O 100P 100R 100S
2: The relevant iwi
a: Ngāi Tahu Whānui as represented by Te Runanga o Ngai Tahu in accordance with Te Runanga o Ngai Tahu Act 1996
b: Ngāti Apa ki te Rā Tō:
c: Ngāti Kōata:
d: Ngāti Kuia:
e: Ngāti Rārua:
f: Ngāti Tama ki Te Tau Ihu:
g: Ngāti Toa Rangātira:
h: Rangitāne o Wairau:
i: Te Ātiawa o Te Waka-a-Māui. Section 5 replaced 17 November 2022 section 8 Crown Pastoral Land Reform Act 2022 Classification of activities on pastoral land Heading inserted 17 November 2022 section 8 Crown Pastoral Land Reform Act 2022
6: Classification of pastoral activities on pastoral land
1: Pastoral activities described in section 7 8 section 100 Schedule 1AB
2: A lessee or licensee of pastoral land must obtain the Commissioner’s consent to undertake a pastoral activity if required by section 7 8
3: The following classifications apply to pastoral activities on pastoral land:
a: permitted pastoral activities that may be undertaken on pastoral land with any necessary permission under any other enactment ( see section 20 Part 1
b: discretionary pastoral activities that may be undertaken on pastoral land only with the consent of the Commissioner under section 10 see section 20 Part 2
c: prohibited activities that must not be undertaken on pastoral land and may not be applied for or consented to ( see Part 3
4: Any question arising as to the class within which any pastoral activity falls must be decided by the Commissioner, whose decision is final, and sections 17 18
5: Schedule 1AB see section 100O Section 6 inserted 17 November 2022 section 8 Crown Pastoral Land Reform Act 2022
6: Special provisions relating to calculation of rent payable for first 11 years of first renewal of pastoral lease granted before 30 November 1979
Section 6 repealed 6 July 2012 section 5 Crown Pastoral Land (Rent for Pastoral Leases) Amendment Act 2012 Provision relating to burning Heading inserted 17 November 2022 section 8 Crown Pastoral Land Reform Act 2022
7: Burning of vegetation
1: This section applies to any pastoral activity that involves burning any vegetation on the land (whether felled or not).
2: A lessee or licensee of pastoral land—
a: may undertake the pastoral activity, or cause it to be undertaken, if the activity is classified as a permitted pastoral activity in Part 1
b: must not undertake the pastoral activity, or cause it to be undertaken, without the Commissioner’s consent under section 10 Part 2
c: must not undertake the pastoral activity, or cause it to be undertaken, if the activity is classified as a prohibited pastoral activity in Part 3
3: In this section, vegetation Section 7 inserted 17 November 2022 section 8 Crown Pastoral Land Reform Act 2022
7: Special provisions relating to calculation of rent payable for first 11 years of pastoral lease granted after 29 November 1979
Section 7 repealed 6 July 2012 section 5 Crown Pastoral Land (Rent for Pastoral Leases) Amendment Act 2012 Provisions relating to disturbance of soil Heading inserted 17 November 2022 section 8 Crown Pastoral Land Reform Act 2022
8: Activities affecting or disturbing soil
1: This section applies to any pastoral activity that affects or disturbs the soil of pastoral land.
2: A lessee or licensee of pastoral land—
a: may undertake the pastoral activity, or cause it to be undertaken, if the activity is classified as a permitted pastoral activity in Part 1
b: must not undertake the pastoral activity, or cause it to be undertaken, without the Commissioner’s consent under section 10 Part 2
c: must not undertake the pastoral activity, or cause it to be undertaken, if the activity is classified as a prohibited pastoral activity in Part 3
3: Any ongoing maintenance authorised by a consent under section 10
4: A consent under section 10
a: ongoing maintenance of the works formed by the activity:
b: ongoing programme to maintain the pasture created or enhanced by the activity.
5: Anything done under the consent is subject to every condition, direction, and restriction that forms part of the Commissioner’s consent.
6: For the purposes of this section (but not subsection (1)), every consent given under section 106 108 section 10
7: This section does not forbid or prevent the doing of anything authorised—
a: by or under the Public Works Act 1981 Crown Minerals Act 1991
b: under the Mining Act 1971
8: Nothing in this section limits or affects the application or effect of section 100 Section 8 inserted 17 November 2022 section 8 Crown Pastoral Land Reform Act 2022
8: Calculation of rent payable under pastoral leases after first 11 years
Section 8 repealed 6 July 2012 section 5 Crown Pastoral Land (Rent for Pastoral Leases) Amendment Act 2012 Process for applications to undertake activities on pastoral land Heading inserted 17 November 2022 section 8 Crown Pastoral Land Reform Act 2022
9: Application process
1: An applicant who applies for consent to undertake a discretionary pastoral activity or for the grant of a commercial recreation permit under section 66A sections 10 to 12 Schedule 1ABA
2: The Commissioner may decline to accept an application if the Commissioner thinks that the information provided with the application is insufficient or, alternatively, may obtain further information that the Commissioner thinks necessary to assess the application under sections 10 to 12 Schedule 1ABA
3: When assessing an application, the Commissioner may obtain any advice the Commissioner thinks necessary in order to make a decision under section 10 Section 9 replaced 17 November 2022 section 8 Crown Pastoral Land Reform Act 2022 Process for Commissioner’s decision Heading inserted 17 November 2022 section 8 Crown Pastoral Land Reform Act 2022
10: Commissioner’s decision
1: This section applies if the Commissioner accepts an application under section 9
2: The Commissioner must, in accordance with this section and (as applicable) sections 11 12 Schedule 1ABA
a: either—
i: decline to grant the application; or
ii: grant the application wholly or in part, with or without any conditions, limitations, directions, or restrictions that the Commissioner thinks necessary, including for the purpose of reducing the adverse effects on inherent values; and
b: if they grant the application, specify the period within which the activity must be carried out.
3: Before making a decision, the Commissioner must consult the Director-General of Conservation.
4: In deciding whether to grant an application, the Commissioner—
a: must be satisfied that—
i: the inherent values likely to be affected by the proposed activity and the importance of those values have been identified; and
ii: the level of adverse effects of the proposed activity on those inherent values (with regard to the importance of those values) has been identified, including whether the effects could be avoided, remedied, or mitigated; and
iii: any reasonable alternative to the proposed activity that has lesser adverse effects on inherent values has been considered; and
b: must not consider offsetting, including as a way of counterbalancing adverse effects on inherent values, when determining the level of adverse effects on inherent values; and
c: may consider relevant Government policy decided by Cabinet, in particular policy that relates to national directions (such as national policy statements and national environmental standards); and
d: may consider any plan for the management of part or all of the land subject to the reviewable lease or licence; and
e: may consider cross-boundary effects of the activity on neighbouring persons or on any neighbouring land (whether or not the land is subject to a pastoral lease or any other form of tenure); and
f: may consider New Zealand’s commitment to reducing greenhouse gas emissions, where this is consistent with the outcomes stated in this Act; and
g: may consider any other matter the Commissioner considers relevant to determine the application.
5: Nothing in this section requires the Commissioner to consent to a proposed discretionary pastoral activity in any case.
6: In this section and sections 11 12 15 grant
a: in relation to an application for a discretionary pastoral activity, means to consent to the activity:
b: in relation to an application for a commercial recreation permit, means to grant the permit:
c: in relation to an application for an exemption from a stock limitation or the variation or revocation of an exemption, means to grant, vary, or revoke the exemption ( see section 15 Section 10 replaced 17 November 2022 section 8 Crown Pastoral Land Reform Act 2022
11: Decision-making criteria: consent for discretionary pastoral activity
1: The Commissioner decides whether to grant an application as follows:
a: they may decline the application if satisfied that there is a reasonable alternative to the proposed activity that has lesser adverse effects on inherent values:
b: they may grant the application if they decide that the proposed activity has no more than minor adverse effects on inherent values after actions have been taken to avoid, remedy, or mitigate the effects:
c: they must decline the application if they—
i: decide that the proposed activity has more than minor adverse effects on inherent values after actions have been taken to avoid, remedy, or mitigate the effects; and
ii: are not satisfied under subsections (2) and (3) that the application should be granted:
d: they may grant the application if they—
i: decide that the proposed activity has more than minor adverse effects on inherent values after actions have been taken to avoid, remedy, or mitigate the effects; and
ii: are satisfied under subsections (2) and (3) that the application should be granted.
2: Before granting an application for a proposed activity that has more than minor adverse effects on inherent values, the Commissioner must be satisfied that the activity is necessary to enable the lessee or licensee to exercise their rights and obligations under their lease or licence, taking into account 1 or more of the criteria set out in Schedule 1ABA
3: For the purpose of deciding whether the activity is necessary to enable the lessee or licensee to exercise their rights and obligations under their lease or licence, the Commissioner may consider any economic benefits associated with undertaking that activity only to the extent that those benefits relate to the ongoing financial viability of the pastoral farming enterprise. Section 11 replaced 17 November 2022 section 8 Crown Pastoral Land Reform Act 2022 Occupation licences Heading repealed 17 November 2022 section 8 Crown Pastoral Land Reform Act 2022
12: Decision-making criteria: grant of commercial recreation permit
1: The Commissioner decides whether to grant an application for a commercial recreation permit as follows:
a: they may decline the application if satisfied that there is a reasonable alternative to the proposed activity that has lesser adverse effects on inherent values:
b: they may grant the application if they decide that the proposed activity has no more than minor adverse effects on inherent values after actions have been taken to avoid, remedy, or mitigate the effects:
c: they must decline the application if they—
i: decide that the proposed activity has more than minor adverse effects on inherent values after actions have been taken to avoid, remedy, or mitigate the effects; and
ii: are not satisfied under subsection (2) that the application should be granted:
d: they may grant the application if they—
i: decide that the proposed activity has more than minor adverse effects on inherent values after actions have been taken to avoid, remedy, or mitigate the effects; and
ii: are satisfied under subsection (2) that the application should be granted.
2: Before granting an application under subsection (1)﻿(d), the Commissioner must be satisfied that the proposed activity—
a: is an existing activity that—
i: previously has been allowed to be undertaken on the pastoral land under a commercial recreation permit or other consent, right, or licence granted by the Commissioner; and
ii: uses existing infrastructure or buildings previously consented to by the Commissioner; or
b: will use existing infrastructure or buildings previously consented to by the Commissioner, even though the proposed activity is different from the activity for which that previous consent was granted; or
c: is necessary in order to enable the continued use of existing infrastructure or buildings previously consented to by the Commissioner. Section 12 replaced 17 November 2022 section 8 Crown Pastoral Land Reform Act 2022
2: Tenure and related provisions
Subpart 2 heading inserted 17 November 2022 section 8 Crown Pastoral Land Reform Act 2022 Pastoral leases Heading inserted 17 November 2022 section 8 Crown Pastoral Land Reform Act 2022
13: Tenure
A pastoral lease gives the holder—
a: the exclusive right of pasturage over the land:
b: a perpetual right of renewal for terms of 33 years:
c: no right to the soil:
d: no right to acquire the fee simple of any of the land. Section 13 replaced 17 November 2022 section 8 Crown Pastoral Land Reform Act 2022
14: Term
The term of a pastoral lease expires on the expiration of 33 years from 1 January or 1 July (whichever is the sooner) next following its commencement. Section 14 replaced 17 November 2022 section 8 Crown Pastoral Land Reform Act 2022 Pastoral land generally Heading repealed 17 November 2022 section 8 Crown Pastoral Land Reform Act 2022
15: Stock limitations
1: The repeal of section 66
a: the validity or effect of any stock limitation:
b: the validity or effect of any power of the Commissioner contained in any pastoral lease to grant an exemption from a stock limitation:
c: the validity or effect of any such exemption:
d: the Commissioner's power to vary or revoke such an exemption.
2: An exemption from a stock limitation—
a: is (and was) personal to the person who was the holder of the lease concerned at the time the exemption was granted; and
b: if not earlier revoked, expires (or expired) when that person ceases (or ceased) to be the holder of the lease.
3: Sections 9 to 11
4: The Commissioner may, at the time that or as soon as practicable after a lease is transferred under section 89
a: whether the lessee is capable of managing the number of stock that the previous lessee had on the lease; and
b: whether the land in its current state is capable of sustaining the number and types of stock in the previous exemption; and
c: other relevant matters.
5: Subsection (2) is for the avoidance of doubt.
6: Subsections (1) to (4) do not limit or affect the validity or effect of any condition subject to which a stock limitation, or an exemption from a stock limitation, may have been granted. Section 15 replaced 17 November 2022 section 8 Crown Pastoral Land Reform Act 2022
16: Renewal of lease after expiry
1: Subsection (2) applies if, by the time a pastoral lease expired,—
a: the Commissioner and the holder had agreed that, subject to the fixing of the amount of the rent to be paid under it, it would be renewed; but
b: that amount had not yet been fixed.
2: The Commissioner may grant a renewal of the lease to the same extent, and in the same manner, as if it had not expired, but the renewal takes effect from its expiry. Section 16 replaced 17 November 2022 section 8 Crown Pastoral Land Reform Act 2022
17: Belated exchange of pastoral leases for reviewable leases
1: Subsection (2) applies if,—
a: before the commencement of this Act, any land comprised in a pastoral lease was vested in a State enterprise under the State-Owned Enterprises Act 1986
b: before the land was vested,—
i: all the land comprised in that lease had been reclassified as farm land; and
ii: the former Land Settlement Board, the Department of Lands, or the Commissioner had agreed to issue a reviewable lease to the holder under section 126A
iii: no reviewable lease had in fact been issued; and
c: since the land was vested, the holder has (or successive holders have) been paying rent as if the land were held on reviewable lease.
2: The Commissioner may, under the Land Act 1948 section 126A
3: If a reviewable lease is granted under subsection (2),—
a: it is deemed to have been granted under section 126A
b: the Land Act 1948
c: every transfer of or other dealing with or activity that affects the pastoral lease in exchange for which it has been granted, and that occurs after the agreement to grant a reviewable lease in exchange for it, is deemed to have had effect as a transfer of or other dealing with or activity that affects it.
4: The granting of a reviewable lease under subsection (2) is a disposition for the purposes of section 24 Section 17 replaced 17 November 2022 section 8 Crown Pastoral Land Reform Act 2022 Occupation licences Heading inserted 17 November 2022 section 8 Crown Pastoral Land Reform Act 2022
18: Tenure
An occupation licence gives the holder the exclusive right of pasturage over the land, but—
a: no right of renewal:
b: no right to the soil:
c: no right to acquire the fee simple of the land. Section 18 replaced 17 November 2022 section 8 Crown Pastoral Land Reform Act 2022
19: Term and expiry
1: The full term of an occupation licence granted under section 66AA
a: the term specified in it; and
b: the period commencing on its commencement and ending on the next 1 January or 1 July (whichever is the sooner).
2: Unless earlier forfeited or surrendered, an occupation licence expires on the expiration of its full term. Section 19 replaced 17 November 2022 section 8 Crown Pastoral Land Reform Act 2022 Permission under other enactments Heading inserted 17 November 2022 section 8 Crown Pastoral Land Reform Act 2022
20: Permission under other enactments still needed
1: This section applies if—
a: any other enactment provides that a person must obtain permission under that enactment before undertaking an activity that is contrary to that enactment; and
b: the activity concerned is a permitted pastoral activity or discretionary pastoral activity, or is authorised by a stock limitation exemption, under this Act.
2: Nothing in this section prevents the Commissioner from consenting to a discretionary pastoral activity applied for under section 9
3: However, the authority conferred by this Act to undertake a permitted pastoral activity or discretionary pastoral activity, or an activity authorised by a stock limitation exemption, does not in itself allow the person to undertake the activity without the required permission under the other enactment.
4: In subsection (1), permission Section 20 replaced 17 November 2022 section 8 Crown Pastoral Land Reform Act 2022 Provisions relating to boundaries and stock movement Heading inserted 17 November 2022 section 8 Crown Pastoral Land Reform Act 2022
21: Boundary disputes
Every dispute between the holders of adjacent pastoral land as to the boundary between them must be determined by the Commissioner or a person appointed by the Commissioner for the purpose. Section 21 replaced 17 November 2022 section 8 Crown Pastoral Land Reform Act 2022
22: Boundary adjustments
For the purpose of securing more suitable boundaries of pastoral land held under lease or licence, the Commissioner may, as from a specified day, exclude part of it from the lease or licence and include it in some other lease or licence; and in that case the Commissioner may make any adjustments in rents payable that the Commissioner thinks just and equitable. Section 22 replaced 17 November 2022 section 8 Crown Pastoral Land Reform Act 2022
3: Monitoring, strategic intentions, and reporting
Subpart 3 heading inserted 17 November 2022 section 8 Crown Pastoral Land Reform Act 2022 Monitoring Heading inserted 17 November 2022 section 8 Crown Pastoral Land Reform Act 2022
22A: Chief executive to prepare monitoring framework
1: The chief executive must—
a: prepare, regularly update, and make available to the public a framework (the monitoring framework section 52(1)﻿(d)
b: regularly report on performance against the monitoring framework in relation to the purpose of this Act and those stewardship responsibilities.
2: In developing the monitoring framework, the chief executive must—
a: consult relevant iwi and representatives of lessees and licensees of pastoral land; and
b: publish the draft monitoring framework on the department’s Internet site and invite the public to give or send their written submissions on the draft document before it is finalised.
3: The first monitoring framework must be prepared and made available to the public not later than 18 months after this section comes into force. Section 22A inserted 17 November 2022 section 8 Crown Pastoral Land Reform Act 2022
22B: Commissioner to monitor compliance by holders of reviewable leases or licences
The Commissioner must monitor the compliance by—
a: holders of reviewable leases or licences of their obligations under their leases or licences, stock limitation exemptions under section 15 section 10
b: any person granted an easement (under section 60(1) section 66A Section 22B inserted 17 November 2022 section 8 Crown Pastoral Land Reform Act 2022 Crown’s pastoral land strategic intentions document and reporting requirements Heading inserted 17 November 2022 section 8 Crown Pastoral Land Reform Act 2022
22C: Strategic intentions document
1: The chief executive and the Commissioner must prepare a document setting out the Crown’s pastoral land strategic intentions (the strategic intentions document
2: The strategic intentions document must set out—
a: how the chief executive and the Commissioner propose to perform or exercise their relevant statutory functions, duties, and powers in relation to pastoral land; and
b: how Government policies and priorities will be reflected in the management of pastoral land (to the extent they are consistent with relevant legislation); and
c: relevant key performance indicators to demonstrate how the performance or exercise of the functions, duties, and powers is contributing to achieving the outcomes stated in section 4
3: The strategic intentions document must be updated at least once every 5 years, or sooner at the request of the Minister.
4: In developing the strategic intentions document, the chief executive or the Commissioner must—
a: consult relevant iwi and representatives of lessees and licensees of pastoral land; and
b: publish the draft strategic intentions document on the department’s Internet site and invite the public to give or send their written submissions on the draft document before it is finalised.
5: The chief executive and the Commissioner must report annually to the Minister on progress against the strategic intentions document and the chief executive must include that report into the department’s annual report.
6: The first strategic intentions document must be prepared and made available to the public not later than 18 months after this section comes into force. Section 22C inserted 17 November 2022 section 8 Crown Pastoral Land Reform Act 2022
22D: Commissioner must report summary of certain decisions
1: The Commissioner must publish on the department’s Internet site, as soon as practicable after it is made, a detailed summary of—
a: every decision of the Commissioner under this Act or the Land Act 1948 section 17
b: every decision of the Commissioner that determines an application for a rehearing under section 17
2: The summary should set out details of—
a: what the decision relates to; and
b: what the decision enables or does not enable (including any conditions imposed by the decision); and
c: the reasons for the decision.
3: The Commissioner must, as soon as practicable, publish on the department’s Internet site a summary of enforcement decisions that sets out the nature of the non-compliance and the reasons for taking enforcement action.
4: The Commissioner may defer or dispense with publication of a matter under this section (in whole or in part) if satisfied on reasonable grounds that good reason for withholding the publication would exist under the Official Information Act 1982
5: For the purposes of subsection (3), an enforcement decision
a: section 100A
b: section 100B
c: section 100I
d: section 100N Section 22D inserted 17 November 2022 section 8 Crown Pastoral Land Reform Act 2022
4: Application of Land Act 1948
Subpart 4 heading inserted 17 November 2022 section 8 Crown Pastoral Land Reform Act 2022 Application of Land Act 1948 Heading repealed 17 November 2022 section 8 Crown Pastoral Land Reform Act 2022
23: Application of Land Act 1948 to this Part
Except as provided in this Part Land Act 1948 Section 23 replaced 17 November 2022 section 8 Crown Pastoral Land Reform Act 2022
1A: Setting rents for pastoral leases
Part 1A inserted 6 July 2012 section 6 Crown Pastoral Land (Rent for Pastoral Leases) Amendment Act 2012
23A: Purpose of this Part
1: The purpose of this Part is to establish a framework for specifying an efficient, predictable, and objective process to set rents for pastoral leases based on—
a: the productive capacity of the land when used for pastoral farming; and
b: the earnings available from that productive capacity.
2: To help to achieve the purpose of this Part, the framework set out in this Part—
a: includes a formula with the following elements:
i: the base carrying capacity of a pastoral lease as an easily calculated proxy for the stock the land would carry in an unimproved state; and
ii: the current carrying capacity of a pastoral lease as an approximate measure of the stock the land would carry when developed and farmed efficiently, which allows the element in subparagraph (iii) to be calculated; and
iii: a factor to incorporate 0.15 of the difference between the current carrying capacity and the base carrying capacity into the formula; and
iv: a dollar-per-stock-unit rate that incorporates a proportion of net earnings per stock unit into the formula; and
b: fixes the values of some elements of the formula and prescribes or constrains inquiry into the values for other elements of the formula, namely,—
i: the dollar-per-stock-unit rate is calculated according to a method prescribed in regulations using available data about net farm incomes on farms comparable to those on pastoral leases; and
ii: the base carrying capacity is to be agreed or determined once according to rules made by the Valuer-General, including rules about using scientific evidence that is predictive of the base carrying capacity and information about the land; and
iii: the current carrying capacity is to be agreed or determined at each review according to rules made by the Valuer-General, including rules about using information about efficient farming practices and information about the land; and
c: provides for a dispute resolution system to facilitate early agreement between the Crown and lessees on the base carrying capacity and the current carrying capacity. Section 23A inserted 6 July 2012 section 6 Crown Pastoral Land (Rent for Pastoral Leases) Amendment Act 2012
23B: Formula for calculating annual rents for pastoral leases
1: Despite anything in any other enactment or in any instrument, the annual rent for a pastoral lease that has a rent review date on or after the date on which this section comes into force must be calculated in accordance with the formula set out in subsection (2) and the formula set out in subsection (3), and the annual rent payable is the greater of the 2 amounts so calculated.
2: The following formula must be used to calculate the annual rent for any pastoral lease to which subsection (1) applies: a = b × (c + ((d – c) × 0.15)) where— a is the annual rent for the pastoral lease b is the dollar-per-stock-unit rate published by the Valuer-General in the Gazette c is the base carrying capacity of the pastoral lease as determined under this Part and any regulations or rules made under this Part d is the current carrying capacity of the pastoral lease as determined under this Part and any regulations or rules made under this Part.
3: The following formula must also be used to calculate the annual rent for any pastoral lease to which subsection (1) applies: b × c where— b is the dollar-per-stock-unit rate published by the Valuer-General in the Gazette c is the base carrying capacity of the pastoral lease as determined under this Part and any regulations or rules made under this Part. Section 23B inserted 6 July 2012 section 6 Crown Pastoral Land (Rent for Pastoral Leases) Amendment Act 2012
23C: Commissioner to appoint Crown assessors to determine carrying capacities of pastoral leases
1: The Commissioner must appoint a Crown assessor to make an initial assessment of the base carrying capacity of a pastoral lease that has a rent review date during the period—
a: beginning on the date that this section commences; and
b: ending on the close of the day that is 90 days before the next rent review date.
2: However, subsection (1) does not apply if the base carrying capacity of the pastoral lease has been determined previously under this Part.
3: The Commissioner must appoint a Crown assessor to make an initial assessment of the current carrying capacity of a pastoral lease during the period—
a: beginning on the date that is 120 days before the rent review date; and
b: ending on the close of the day that is 90 days before the rent review date.
4: The Commissioner must, as soon as practicable after appointing a Crown assessor under this section, provide that Crown assessor with, or refer that Crown assessor to, any information prescribed in any rules made under section 23O
5: Despite anything in this section, the periods specified in subsections (1) and (3) may be varied by written agreement between the Commissioner and the lessee. Section 23C inserted 6 July 2012 section 6 Crown Pastoral Land (Rent for Pastoral Leases) Amendment Act 2012
23D: Initial assessment of carrying capacity by Crown assessors
1: A Crown assessor must, in accordance with the terms of the Crown assessor's appointment under section 23C
a: the base carrying capacity of the pastoral lease; or
b: the current carrying capacity of the pastoral lease; or
c: the base carrying capacity and the current carrying capacity of the pastoral lease.
2: The Crown assessor must allow the lessee or a representative of the lessee to be present when the Crown assessor is inspecting the land for the purposes of subsection (1).
3: The Commissioner must, within 15 working days after the completion of the Crown assessor's inspection of the land, give the lessee the Crown assessor's initial assessment, which must—
a: be in writing; and
b: include—
i: the information provided or referred to the Crown assessor under section 23C(4)
ii: any other information that contributed materially to the assessment; and
c: explain which elements of the information referred to in paragraph (b) contributed materially to the assessment; and
d: specify the regulations or rules that permit or require the use of the information referred to in paragraph (c); and
e: if the Crown assessor’s initial assessment allows a rent to be calculated, specify the rent that the lessee must pay if the lessee accepts the Crown assessor's initial assessment; and
f: give notice of the period for response, and the consequences of failure to respond within that period, in the form prescribed by the Valuer-General for that purpose.
4: The lessee must, within 15 working days after the date on which the notice is received by the lessee, respond to the Crown assessor’s initial assessment, in writing to the Commissioner, by—
a: accepting the Crown assessor’s initial assessment; or
b: rejecting the Crown assessor’s initial assessment. Section 23D inserted 6 July 2012 section 6 Crown Pastoral Land (Rent for Pastoral Leases) Amendment Act 2012
23E: Process if lessee accepts, or fails to respond to, initial assessment
If the lessee accepts, or fails to respond to, an initial assessment under section 23D(4)
a: in the case of the base carrying capacity of a pastoral lease,—
i: becomes the base carrying capacity for that pastoral lease; and
ii: must be used to calculate the rent for that pastoral lease under section 23B
b: in the case of the current carrying capacity of a pastoral lease,—
i: becomes the current carrying capacity for that pastoral lease; and
ii: must be used to calculate the rent for that pastoral lease under section 23B Section 23E inserted 6 July 2012 section 6 Crown Pastoral Land (Rent for Pastoral Leases) Amendment Act 2012
23F: Framework for dispute resolution if lessee rejects initial assessment
1: If the lessee rejects the initial assessment of a Crown assessor, then, within 10 working days after the 15-working-day period specified in section 23D(4)
a: the Commissioner must—
i: appoint an expert determiner in accordance with subsection (2); and
ii: submit a copy of the assessment given under section 23D(3)
b: the lessee must appoint an assessor.
2: The Commissioner—
a: must, in good faith, try to agree with the lessee on the person to be appointed as the expert determiner; and
b: must, if the Commissioner and the lessee are unable to agree, appoint a person who is nominated by the Valuer-General.
3: Within 10 working days after the 10-working-day period specified in subsection (1), the lessee's assessor, the Crown assessor, and the expert determiner must meet on the land for the purpose of reaching an agreement on the base carrying capacity or the current carrying capacity, or both, of the pastoral lease (as the case may be).
4: If, after 10 working days after the meeting referred to in subsection (3), the lessee's assessor and the Crown assessor have not agreed on the base carrying capacity or the current carrying capacity, or both, of the pastoral lease (as the case may be) and communicated that agreement to the expert determiner, the expert determiner must, as soon as practicable,—
a: fix a date for a resolution hearing, which must be no later than 30 working days after the meeting specified in subsection (3); and
b: give written notice of the resolution hearing to the lessee, the lessee's assessor, and the Crown assessor as soon as practicable but at least 10 working days before the date of the resolution hearing. Section 23F inserted 6 July 2012 section 6 Crown Pastoral Land (Rent for Pastoral Leases) Amendment Act 2012
23G: Duties of parties during dispute resolution before resolution hearing
1: During the period starting at the beginning of the meeting referred to in section 23F(3) section 23H
a: the lessee's assessor and the Crown assessor must try in good faith to reach agreement on the base carrying capacity or the current carrying capacity, or both, of the pastoral lease (as the case may be); and
b: the lessee’s assessor, the Crown assessor, and the expert determiner must, at the meeting on the land referred to in section 23F(3)
c: the Crown assessor must—
i: explain to the lessee’s assessor and the expert determiner the method that the Crown assessor used to arrive at the base carrying capacity or the current carrying capacity, or both, of the pastoral lease (as the case may be) in the initial assessment by isolating, as far as possible, the material elements of the method that the Crown assessor used; and
ii: specify the regulations or rules that permit or require the use of the method referred to in subparagraph (i); and
d: the lessee’s assessor must formulate, and provide to the Crown assessor and the expert determiner, an assessment of the base carrying capacity or the current carrying capacity, or both, of the pastoral lease (as the case may be) that—
i: explains the method that the lessee's assessor used to arrive at the base carrying capacity or the current carrying capacity, or both, of the pastoral lease (as the case may be); and
ii: takes into account any explanation provided by the Crown assessor under paragraph (c); and
iii: includes any information that contributes materially to the lessee's assessor's assessment; and
iv: specifies the regulations or rules that permit or require the method referred to in subparagraph (i) and information referred to in subparagraph (iii); and
e: the expert determiner must analyse and evaluate how the lessee's assessor and the Crown assessor have applied the requirements of this Part and any regulations or rules made under this Part; and
f: the expert determiner may provide guidance or assistance to the lessee's assessor and the Crown assessor in their efforts to agree on the base carrying capacity or current carrying capacity, or both, of the pastoral lease (as the case may be).
2: If the expert determiner provides guidance or assistance after the conclusion of the meeting referred to in section 23F(3)
a: to the lessee's assessor, the expert determiner must provide the Crown assessor with a written summary of the guidance or assistance:
b: to the Crown assessor, the expert determiner must provide the lessee's assessor with a written summary of the guidance or assistance.
3: The information required to be given by a Crown assessor under subsection (1)﻿(c) or by a lessee's assessor under subsection (1)﻿(d) need not be in writing or, if in writing, need not be in any particular form.
4: Despite subsection (3), the information required to be given by a Crown assessor under subsection (1)﻿(c) and by a lessee's assessor under subsection (1)﻿(d) must be provided in writing in accordance with any regulations or rules made under this Part by the date that is 5 working days after the meeting referred to in section 23F(3) Section 23G inserted 6 July 2012 section 6 Crown Pastoral Land (Rent for Pastoral Leases) Amendment Act 2012
23H: Resolution hearing
1: If an agreement is not reached between the lessee's assessor and the Crown assessor under section 23G section 23F(4)﻿(a) section 23F(4)﻿(a)
a: facilitate agreement between the lessee's assessor and the Crown assessor; or
b: if the expert determiner considers that an agreement is unlikely during the resolution hearing, determine the base carrying capacity or current carrying capacity, or both, of the pastoral lease (as the case may be).
2: A determination made under subsection (1)﻿(b) must—
a: be in writing and in the form specified by the Valuer-General; and
b: be given to the lessee and the Commissioner within 5 working days of the date of the resolution hearing.
3: The expert determiner may establish any procedures for the resolution hearing, but the procedures must be consistent with any regulations or rules made under this Part.
4: The Arbitration Act 1996
5: The expert determiner may make an award of costs that complies with subsection (6) and any regulations or rules made under this Part.
6: An award of costs must provide that—
a: the lessee pay the fees of the lessee's assessor and pay for any expenses incurred by the lessee's assessor that are associated with complying with the requirements of this Part; and
b: the Commissioner pay the fees of the Crown assessor and pay for any expenses incurred by the Crown assessor that are associated with complying with the requirements of this Part; and
c: the lessee and the Commissioner pay an equal share of the fees of the expert determiner and pay for any expenses that are associated with holding the resolution hearing (whether it proceeds or not).
7: Despite subsection (6), the expert determiner may require the lessee to pay a portion of the fees and expenses that the Commissioner would otherwise pay, or require the Commissioner to pay a portion of the fees and expenses that the lessee would otherwise pay, if the lessee's assessor or a Crown assessor (as the case may be) has, unreasonably or without justification,—
a: contributed to the time or expense involved in complying with the requirements of this Part; or
b: failed to comply, by act or omission, with this Part or any regulations or rules made under this Part; or
c: taken a position or pursued an argument that lacks merit, including (but not limited to) refusing to accept facts that should have been accepted. Section 23H inserted 6 July 2012 section 6 Crown Pastoral Land (Rent for Pastoral Leases) Amendment Act 2012
23I: Recording and noting carrying capacities
1: If the lessee's assessor and the Crown assessor agree on the base carrying capacity or current carrying capacity, or both, of the pastoral lease (as the case may be) at any time before a resolution hearing,—
a: the lessee's assessor and the Crown assessor must communicate to the expert determiner the agreed base carrying capacity or current carrying capacity, or both, of the pastoral lease (as the case may be); and
b: the expert determiner must record the agreed base carrying capacity or current carrying capacity, or both, of the pastoral lease (as the case may be).
2: If the lessee's assessor and the Crown assessor agree on the base carrying capacity or current carrying capacity, or both, of the pastoral lease (as the case may be) during a resolution hearing, the expert determiner must record the agreed base carrying capacity or current carrying capacity, or both, of the pastoral lease (as the case may be).
3: If the expert determiner determines the base carrying capacity or current carrying capacity, or both, of the pastoral lease (as the case may be) at a resolution hearing, the expert determiner must record the agreed base carrying capacity or current carrying capacity, or both, of the pastoral lease (as the case may be).
4: If the expert determiner records a base carrying capacity or current carrying capacity, or both, of a pastoral lease (as the case may be),—
a: in the case of a base carrying capacity, the recorded base carrying capacity of the pastoral lease—
i: becomes the base carrying capacity for that pastoral lease; and
ii: must be used to calculate the rent for that pastoral lease under section 23B
b: in the case of a current carrying capacity, the recorded current carrying capacity of a pastoral lease—
i: becomes the current carrying capacity for that pastoral lease; and
ii: must be used to calculate the rent for that pastoral lease under section 23B
5: The expert determiner must notify the Commissioner and the lessee of the base carrying capacity or current carrying capacity of any pastoral lease that is agreed or determined under this Part.
6: If the Commissioner becomes aware of a base carrying capacity to which section 23E(a)﻿(i)
7: If the Registrar-General of Land receives advice under subsection (6), the Registrar-General of Land must, on any relevant record of title Section 23I inserted 6 July 2012 section 6 Crown Pastoral Land (Rent for Pastoral Leases) Amendment Act 2012 Section 23I(7) amended 12 November 2018 section 250 Land Transfer Act 2017
23J: Appeals on questions of law
1: If the Commissioner or a lessee of a pastoral lease is dissatisfied with any determination by an expert determiner of base carrying capacity or current carrying capacity as being erroneous in point of law, the Commissioner or lessee may appeal to the High Court on that question of law.
2: An appeal under this section must be dealt with in accordance with the rules of court.
3: On any appeal, the High Court must hear and determine the question of law arising in the proceedings, and must do 1 or more of the following:
a: confirm or amend the determination in respect of which the appeal has been brought:
b: quash the determination and remit the matter to the expert determiner along with a copy of the decision of the High Court:
c: make any other order in relation to the matter that the High Court thinks fit. Section 23J inserted 6 July 2012 section 6 Crown Pastoral Land (Rent for Pastoral Leases) Amendment Act 2012
23K: Exclusion from liability
An expert determiner is not liable for any act done or omitted to be done by the expert determiner in good faith in—
a: the performance or intended performance of a function or duty under this Part or any regulations or rules made under this Part; or
b: the exercise or intended exercise of a power under this Part or any regulations or rules made under this Part. Section 23K inserted 6 July 2012 section 6 Crown Pastoral Land (Rent for Pastoral Leases) Amendment Act 2012
23L: Functions, duties, and powers of Valuer-General
1: The Valuer-General—
a: must, using the method prescribed in regulations made under section 23N Gazette
b: may make rules under section 23O
c: may provide guidance in relation to any matter for which the Valuer-General may make rules under section 23O
d: may provide information to lessees' assessors, Crown assessors, and expert determiners to assist them in performing their functions and duties under this Part; and
e: may provide information, monitor, and publish reports on, the processes specified in this Part for—
i: assessing or determining the base carrying capacity and the current carrying capacity of pastoral leases; and
ii: setting the rent for pastoral leases; and
f: may audit any assessment or determination of the base carrying capacity or current carrying capacity, or both, of any pastoral lease (as the case may be) against any rules made under section 23O
g: may appoint members to form 1 or more expert panels to assist in the performance of the Valuer-General's functions and duties or the exercise of the Valuer-General's powers under this Part; and
h: must appoint a person nominated by any organisation the Valuer-General considers is representative of lessees of pastoral leases to any expert panel formed under paragraph (g); and
i: must publish, in any form or manner that the Valuer-General considers appropriate, including (but not limited to) on an Internet site maintained by the department,—
i: any guidance provided under paragraph (c); and
ii:
iii: any determination made by an expert determiner under this Part in relation to base carrying capacity.
2: In carrying out the functions and duties and exercising the powers specified in subsection (1), the Valuer-General must—
a: aim to ensure that—
i: any assessment or determination is made quickly and efficiently; and
ii: any lessee's assessor, Crown assessor, or expert determiner does not use more information or undertake more analysis than is reasonably necessary to make an assessment or a determination; and
b: have regard to the purpose of this Part. Section 23L inserted 6 July 2012 section 6 Crown Pastoral Land (Rent for Pastoral Leases) Amendment Act 2012 Section 23L(1)﻿(i)﻿(ii) repealed 28 October 2021 section 3 Secondary Legislation Act 2021
23M: Delegation of Valuer-General's functions, duties, and powers
The Valuer-General may, in accordance with clauses 2 3
a: any function, duty, or power conferred on the Valuer-General by this Act (other than the power to make rules under section 23O
b: any function, duty, or power delegated to the Valuer-General by any Minister of the Crown (other than a power that is subject to a delegation that provides that the power may not be delegated). Section 23M inserted 6 July 2012 section 6 Crown Pastoral Land (Rent for Pastoral Leases) Amendment Act 2012 Section 23M amended 7 August 2020 section 135 Public Service Act 2020
23N: Regulation-making power
1: The Governor-General may, on the recommendation of the Minister, make regulations that—
a: specify the method for calculating the dollar-per-stock-unit rate, which must—
i: use the publicly available data about farm revenues and expenses from pastoral farms and farms that are most comparable to pastoral farms; and
ii: use a measure of net farm revenues per stock unit derived from the data referred to in subparagraph (i); and
iii: set the dollar-per-stock-unit rate as a proportion of the measure referred to in subparagraph (ii) that corresponds as closely and consistently as practicable to the long-term average spent on rent and servicing mortgage debt; and
iv: contain a floor that will operate as the minimum dollar-per-stock-unit rate; and
v: use an appropriate index of farm costs to annually adjust the floor referred to in subparagraph (iv); and
vi: specify how the dollar-per-stock-unit rate is to be calculated for different periods for the purposes of this Part:
b: prescribe forms:
c: prescribe rules and procedures for resolution hearings:
d: provide for the matters that are contemplated by or necessary for giving effect to this Part and for its due administration.
2: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 23N inserted 6 July 2012 section 6 Crown Pastoral Land (Rent for Pastoral Leases) Amendment Act 2012 Section 23N(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
23O: Rule-making power
1: For the purposes of this Part, the Valuer-General—
a: must make rules that—
i: specify the information to be provided or referenced by the Commissioner under section 23C(4)
A: information predicting the characteristics of land, which includes information in the form of raw data, a land classification, a model, or an algorithm:
B: assumptions about how the information referred to in subsubparagraph (A) reveals the base carrying capacity and the current carrying capacity of a pastoral lease:
C: other information about the land:
ii: specify how a lessee's assessor, a Crown assessor, or an expert determiner must, when making an assessment or a determination,—
A: use the information provided or referenced by the Commissioner under section 23C(4)
B: use the information gained at a meeting on the land under section 23F(3)
C: use the information provided under section 23G(4)
D: use or not use any other information about the land:
iii: for the purposes of ensuring that base carrying capacities and current carrying capacities are assessed and used consistently to calculate rent,—
A: define a standard stock unit for the purposes of this Part by reference to an annual energy requirement (taking into account relevant industry norms and practices):
B: specify the standard stock-unit equivalent of different kinds of stock for the purposes of this Part:
C: specify how non-standard stock-unit measurements are to be converted to standard stock-unit measurements for the purposes of this Part:
b: may make rules that—
i: provide that a specified process or method is the only process or method that may be used by a lessee's assessor, a Crown assessor, or an expert determiner when making an assessment or a determination of base carrying capacity:
ii: specify how a lessee's assessor, a Crown assessor, or an expert determiner must deal with relevant matters when making an assessment or a determination of current carrying capacity, including (but not limited to)—
A: how relevant concepts are to be used:
B: information about stock carried on a pastoral lease:
C: constraints on stocking that arise from the obligations under a pastoral lease:
D: physical and other constraints on stocking:
iii: provide for any other matters relating to—
A: assessing or determining the base carrying capacity or current carrying capacity of a pastoral lease that may be necessary or desirable to allow the Valuer-General to perform a function or duty, or exercise a power, under this Part; or
B: setting rents for pastoral leases that may be necessary or desirable to allow the Valuer-General to perform a function or duty, or exercise a power, under this Part:
iv: provide for the designation of individuals eligible to be appointed as assessors or expert determiners:
v: provide for the matters that are contemplated by or necessary for giving full effect to this Part and for its due administration.
2: Rules made under subsection (1)—
a: may specify upper and lower bounds or other constraints for the base carrying capacity and current carrying capacity of pastoral leases:
b: may prescribe different rules for different sets of pastoral leases:
c: may, in the case of rules referred to in subsection (1)﻿(a) and (b), make different provision for the base carrying capacity and current carrying capacity of a pastoral lease:
d: may provide that stock carried on land for any period is counted towards the current carrying capacity of the land in proportion to the part of the year that the stock spends on the land (whether or not that stock is also grazed on any other ground that is not subject to a pastoral lease).
3: Before making any rules under this section, the Valuer-General must—
a: publish a notice of the Valuer-General's intention, including (but not limited to) on an Internet site maintained by the department; and
b: take reasonable steps to bring the notice to the attention of lessees of pastoral leases; and
c: give interested persons a reasonable period of time, which must be specified in the notice, to make submissions on the proposed rules; and
d: consult persons who the Valuer-General considers represent the lessees of pastoral leases and the Valuer-General considers appropriate, having regard in each case to the content and effect of the proposed rules.
4:
5: In the event of any conflict between any regulation made under section 23N
6: Rules under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in any form or manner that the maker considers appropriate LA19 ss 73 74(1)﻿(a) cl 14 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 23O inserted 6 July 2012 section 6 Crown Pastoral Land (Rent for Pastoral Leases) Amendment Act 2012 Section 23O(4) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 23O(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
23P: Valuer-General may designate individuals eligible to be appointed as assessors and expert determiners
1: No individual may be appointed as a lessee's assessor, a Crown assessor, or an expert determiner under this Part unless the person is eligible to be so appointed.
2: The Valuer-General must, in accordance with any regulations or rules made under this Part,—
a: designate any individual as eligible to be appointed as an expert determiner if the requirements in subsections (4) to (6) have been met; or
b: designate any individual as eligible to be appointed as an assessor if the individual—
i: is a member of—
A: an organisation specified in any regulations or rules made under this Part; or
B: a subset of members of an organisation specified in any regulations or rules made under this Part; or
ii: holds a qualification specified in any regulations or rules made under this Part; or
iii: is otherwise qualified to act as an assessor.
3: The Valuer-General may direct that an individual designated under subsection (2) must, if appointed as an assessor, carry out assessments of—
a: the base carrying capacity of pastoral leases; or
b: the current carrying capacity of pastoral leases; or
c: the base carrying capacity and the current carrying capacity of pastoral leases.
4: No individual who is designated as eligible to be a lessee's assessor or a Crown assessor may be designated as eligible to be appointed as an expert determiner.
5: In exercising a power under this section, the Valuer-General must have regard to the skills and experience necessary and desirable to perform the functions and duties and exercise the powers of a lessee's assessor, a Crown assessor, or an expert determiner (as the case may be).
6: Before exercising the power to designate an individual as eligible to be appointed as an expert determiner, the Valuer-General must consult persons and organisations that the Valuer-General considers represent lessees of pastoral leases. Section 23P inserted 6 July 2012 section 6 Crown Pastoral Land (Rent for Pastoral Leases) Amendment Act 2012
23Q: Service of notices
1: Any notice or other document required or authorised by this Part to be served on or given to any person must be in writing and is sufficiently served or given if it is—
a: delivered to that person; or
b: left at that person's usual or last known place of abode or business or at an address specified for that purpose in any document received from that person; or
c: posted in a letter addressed to that person by name at that place of abode or business or address.
2: If the person is absent from New Zealand, the notice or other document may be served on or given to the person's agent in New Zealand.
3: If the person is deceased, the notice or other document may be served on or given to the person's personal representatives.
4: If the person is not known, or is absent from New Zealand and has no known agent in New Zealand, or is deceased and has no personal representatives, the notice or other document must be served or given in such manner as may be directed by an order of the District Court
5: If any such notice or other document is sent to any person by post, it is, unless the contrary is shown, deemed to have been delivered to the person on the seventh day after the day on which it was posted; and in proving the delivery it is sufficient to prove that the letter was properly addressed and posted.
6: Despite anything in subsections (1) to (5), the District Court
7: This section does not apply to notices or other documents served or given in any proceedings in any court. Section 23Q inserted 6 July 2012 section 6 Crown Pastoral Land (Rent for Pastoral Leases) Amendment Act 2012 Section 23Q(4) amended 1 March 2017 section 261 District Court Act 2016 Section 23Q(6) amended 1 March 2017 section 261 District Court Act 2016
2: Tenure reviews
Part 2 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022 General Heading repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022
24: Objects of Part 2
Section 24 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022
25: Matters to be taken into account by Commissioner
Section 25 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022
26: Consultation
Section 26 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022 Tenure reviews Heading repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022
27: Commissioner may undertake reviews of land held under pastoral lease
Section 27 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022
28: Inclusion of land held under occupation licence
Section 28 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022
29: Inclusion of unused Crown land
Section 29 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022
30: Inclusion of freehold land
Section 30 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022
31: Inclusion of conservation area and reserve
Section 31 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022
32: Administration of reviews
Section 32 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022
33: Discontinuance of reviews
Section 33 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022 Preliminary proposals Heading repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022
34: Preliminary proposals may be put to holders
Section 34 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022
35: Designation of land held under reviewable instrument, freehold land, and unused Crown land
Section 35 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022
36: Qualified designations
Section 36 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022
37: Designation of conservation area
Section 37 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022
38: Designation of reserves
Section 38 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022
39: Information to be included in respect of concessions
Section 39 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022
40: Protective mechanisms
Section 40 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022
41: Provisional consent of Minister of Conservation needed for some designations
Section 41 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022
42: Proposal may be conditional on acceptance by other holders
Section 42 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022
43: Commissioner to give notice of preliminary proposals
Section 43 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022
44: Consultation with iwi authority
Section 44 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022
45: Information to be given to Minister of Conservation
Section 45 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022 Substantive proposals Heading repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022
46: Substantive proposals may be put to holders
Section 46 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022
47: Commissioner to consider submissions
Section 47 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022 Duties of Minister of Conservation in relation to proposed concessions Heading repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022
48: Consent of Minister of Conservation needed for proposed concessions
Section 48 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022
49: No consent to easement if other concession more appropriate
Section 49 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022
50: No consent if inadequate information provided
Section 50 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022
51: Matters to be considered
Section 51 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022
52: Proposed concessions over marginal strip
Section 52 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022
53: Conditions generally
Section 53 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022
54: Rents, fees, and royalties
Section 54 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022
55: Term
Section 55 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022 Duty of Minister of Conservation in relation to proposed exchanges of conservation area Heading repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022
56: Consent of Minister of Conservation needed for proposed exchanges of conservation area
Section 56 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022 Proposal to appoint manager of marginal strip Heading repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022
57: Consent of Minister of Conservation needed for proposed appointment of manager of marginal strip
Section 57 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022 Powers and duties of Minister of Conservation in relation to proposed disposal of reserves Heading repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022
58: Proposed disposal of reserve otherwise than by concession
Section 58 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022 Powers Heading repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022
59: Consent
Section 59 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022 Acceptance of substantive proposals, and consequences of acceptance Heading repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022
60: Acceptances
Section 60 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022
61: Notice of proposal may be registered against title to protect acceptance
Section 61 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022
62: Final plan to be prepared
Section 62 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022
63: Approval of plan
Section 63 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022
64: Commissioner to register accepted proposals and approved plans
Section 64 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022
65: Effect of registration of approved plan in relation to land designated to be restored to Crown ownership
Section 65 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022
66: Land vesting as conservation area subject to granting of concession
Section 66 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022
67: Land vesting as conservation area subject to appointment of manager of marginal strip
Section 67 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022
68: Land vesting as reserve subject to granting of concession
Section 68 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022
69: Effect of registration of approved plan in relation to reviewable land designated to be disposed of
Section 69 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022
70: Effect of registration of approved plan in relation to unused Crown land designated to be conservation area subject to granting of concession
Section 70 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022
71: Effect of registration of approved plan in relation to unused Crown land designated to be conservation area subject to appointment of manager of marginal strip
Section 71 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022
72: Effect of registration of approved plan in relation to unused Crown land designated to be reserve subject to granting of concession
Section 72 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022
73: Effect of registration of approved plan in relation to unused Crown land designated to be retained in Crown ownership subject to granting of special lease or grazing permit
Section 73 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022
74: Effect of registration of approved plan in relation to unused Crown land designated to be disposed of
Section 74 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022
75: Effect of registration of approved plan in relation to conservation area subject to granting of concession
Section 75 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022
76: Effect of registration of approved plan in relation to conservation area subject to appointment of manager of marginal strip
Section 76 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022
77: Effect of registration of approved plan in relation to conservation area designated to be exchanged
Section 77 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022
78: Effect of registration of approved plan in relation to reserve subject to granting of concession
Section 78 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022
79: Effect of registration of approved plan in relation to reserve designated to be exchanged
Section 79 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022
80: Creation of protective mechanisms
Section 80 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022
81: Effect of registration of approved plan in relation to freehold land designated to be restored to Crown ownership
Section 81 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022
82: Payments to the Crown
Section 82 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022
3: Reviews of other Crown land
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 , including recreational values,
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. Section 83(b) amended 17 November 2022 section 10 Crown Pastoral Land Reform Act 2022
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 outcomes stated in section 4
b: the principles of the Treaty of Waitangi
c: if acting in relation to land used or intended to be used by the Crown for any particular purpose, that purpose. Section 84(a) replaced 17 November 2022 section 11 Crown Pastoral Land Reform Act 2022
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)
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 a 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
iv: as Crown land without classification; or
v: as a different classification of Crown land under section 51
b: land that may be added to an existing pastoral lease or leased under a new pastoral lease, but only if the land is already classified as pastoral land; or
c: land that may be added to an existing special lease or leased under a new special lease; or
d: land that may be disposed of 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.
8: If a preliminary proposal designates any land as land that may be leased under a new pastoral lease, the lease may be on any terms that the Commissioner thinks fit, except that—
a: section 4
b: the rental must be set in accordance with Part 1A
9: The ability to grant a new pastoral lease in accordance with this section applies despite anything to the contrary in the Land Act 1948 Section 86(5) replaced 17 November 2022 section 12(1) Crown Pastoral Land Reform Act 2022 Section 86(8) inserted 17 November 2022 section 12(2) Crown Pastoral Land Reform Act 2022 Section 86(9) inserted 17 November 2022 section 12(2) Crown Pastoral Land Reform Act 2022
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.
87A: Approval of Minister needed for some designations
1: The Commissioner must obtain the written consent of the Minister before a preliminary proposal or substantive proposal designates pastoral land as land to be—
a: added to an existing pastoral lease or special lease; or
b: leased by a new pastoral lease or special lease; or
c: reclassified as another form of Crown land; or
d: disposed of in fee simple.
2: The Minister must not consent provisionally to a designation described in subsection (1) in a preliminary proposal unless satisfied that it is reasonably likely that the Minister will consent to a substantive proposal containing the designation. Section 87A inserted 17 November 2022 section 13 Crown Pastoral Land Reform Act 2022
88: Certain provisions of Part 2 relating to preliminary proposals to apply
The following former sections set out in Schedule 1AC
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). Section 88 amended 18 May 2022 section 18 Crown Pastoral Land Reform Act 2022
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 the former section 43 set out in Schedule 1AC
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
3: No person has a right to apply under section 17
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
6: Where—
a: within the time provided by section 17
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
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. Section 89(1) amended 18 May 2022 section 18 Crown Pastoral Land Reform Act 2022
90: Certain provisions of Part 2 relating to substantive proposals to apply
1: The former section 47 set out in Schedule 1AC the former Part 2
2: The following former sections set out in Schedule 1AC
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 Surveyor-General
c: section 64 (which relates to the registration of an approved final plan and the substantive proposal out of which the plan arises). Section 90(1) amended 18 May 2022 section 18 Crown Pastoral Land Reform Act 2022 Section 90(2) amended 18 May 2022 section 18 Crown Pastoral Land Reform Act 2022 Section 90(2)﻿(b) amended 17 November 2022 section 14 Crown Pastoral Land Reform Act 2022
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
The former section 80 set out in Schedule 1AC Section 93 amended 18 May 2022 section 18 Crown Pastoral Land Reform Act 2022
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
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.
4: Provisions applicable to all reviews
95: Improvements on land held under occupation licence
1: A substantive proposal under Part 3
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
a: the Commissioner must promptly have all holder's improvements valued; and
b: on the expiry of the licence, subsections (2) and (3) of section 149 section 150 section 16(1) 1948 No 64 s 109 Section 95(1) amended 18 May 2022 section 18 Crown Pastoral Land Reform Act 2022
96: Implementation not subdivision
1: Taking action under Part 3 Resource Management Act 1991
2: Subsection (1) is for the avoidance of doubt. Section 96(1) amended 18 May 2022 section 18 Crown Pastoral Land Reform Act 2022
97: Sustainable management covenants
1: Despite any enactment or rule of law, there may be reserved over land disposed of under Part 2 Part 3
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 2017
3: On application by the Commissioner, the Registrar-General of Land
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. Section 97(2) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 97(3) amended 12 November 2018 section 250 Land Transfer Act 2017
98: Application of sections 25 and 84 to section 97
1: Section 25 section 97 Part 2
2: Section 84 section 97 Part 3 section 97
99: Commissioner to meet certain official costs
The Commissioner must pay the appropriate costs of any action taken by the Surveyor-General the Registrar-General of Land Part 2 Part 3 Section 99 amended 17 November 2022 section 15 Crown Pastoral Land Reform Act 2022 Section 99 amended 12 November 2018 section 250 Land Transfer Act 2017
100: Application of sections 17 and 18 of Land Act 1948
Except as provided in section 89(2) section 17 section 18 Part 2 Part 3
4A: Miscellaneous provisions
Part 4A inserted 17 November 2022 section 16 Crown Pastoral Land Reform Act 2022 Recovery of remedial costs Heading inserted 17 November 2022 section 16 Crown Pastoral Land Reform Act 2022
100A: Costs of remedial action
1: The Commissioner may recover as a debt due to the Crown the actual and reasonable costs of any remedial action taken to remedy or adequately mitigate a notified breach or alleged breach by a person of—
a: their obligations under a reviewable instrument; or
b: a consent to undertake a discretionary pastoral activity, a commercial recreation permit, or a grant, variation, or revocation of an exemption from a stock limitation.
2: For the purposes of this section, a breach or an alleged breach is notified to a person if the Commissioner gives the person a written notice that states—
a: the breach or alleged breach; and
b: the remedial action or mitigation that the Commissioner requires the person to take; and
c: the period within which the Commissioner requires that remedial action or mitigation to be undertaken.
3: Notice of a breach or an alleged breach must not be served on a person unless the Commissioner has reasonable grounds for believing that the breach has occurred.
4: For the purpose of carrying out any remedial action on any pastoral land held on lease or licence, the Commissioner or any person authorised by them in writing has, at all reasonable times, free rights of ingress, egress, and regress, in respect of that land and all the powers necessary to take the remedial action. Section 100A inserted 17 November 2022 section 16 Crown Pastoral Land Reform Act 2022 Enforceable undertakings Heading inserted 17 November 2022 section 16 Crown Pastoral Land Reform Act 2022
100B: Commissioner may accept enforceable undertakings
1: The Commissioner may accept an enforceable written undertaking, in a form, or containing the information, prescribed by regulations made under this Act (if any), given by a person in connection with a matter relating to a breach or an alleged breach by the person of—
a: their obligations under a reviewable instrument; or
b: a consent to undertake a discretionary pastoral activity, a commercial recreation permit, or a grant, variation, or revocation of an exemption from a stock limitation.
2: The giving of an enforceable undertaking does not constitute an admission of guilt by the person giving it in relation to the breach or alleged breach to which the undertaking relates.
3: The person may withdraw or vary the undertaking with the consent of the Commissioner.
4: If the Commissioner considers that the person is in breach of an undertaking, the Commissioner may apply to the court under section 100N section 100N(2) to (6) Section 100B inserted 17 November 2022 section 16 Crown Pastoral Land Reform Act 2022
100C: Commissioner must give notice of decision and reasons
The Commissioner must give a person who is seeking to make an enforceable undertaking written notice of—
a: their decision to accept or reject the undertaking; and
b: the reasons for the decision. Section 100C inserted 17 November 2022 section 16 Crown Pastoral Land Reform Act 2022 Infringement offences Heading inserted 17 November 2022 section 16 Crown Pastoral Land Reform Act 2022
100D: Infringement offences
1: A person commits an infringement offence against this Act if the person—
a: undertakes without a consent under section 7
b: undertakes without a consent under section 8
c: contravenes a stock limitation or an exemption from a stock limitation ( see sections 10 15
d: undertakes without a commercial recreation permit under section 66A
e: undertakes without a consent under section 100
2: For the purposes of subsection (1)﻿(a), (b), (d), and (e), it is not an infringement offence to contravene the terms of a consent or permit. Section 100D inserted 17 November 2022 section 16 Crown Pastoral Land Reform Act 2022
100E: Proceedings for infringement offences
1: A person who is alleged to have committed an infringement offence against this Act or regulations made under this Act may—
a: be proceeded against by the filing of a charging document under section 14
b: be served with an infringement notice under section 100I
2: Proceedings commenced in the way described in subsection (1)﻿(a) do not require the leave of a District Court Judge or Registrar under section 21(1)﻿(a)
3: See section 21 Section 100E inserted 17 November 2022 section 16 Crown Pastoral Land Reform Act 2022
100F: Who may issue infringement notices
1: The chief executive may, by a written warrant evidencing the appointment, authorise an employee of the department (an authorised person
2: Production of the warrant is, in the absence of proof to the contrary, conclusive evidence of the appointment. Section 100F inserted 17 November 2022 section 16 Crown Pastoral Land Reform Act 2022
100G: When infringement notice may be issued
An authorised person may issue an infringement notice to a person if the authorised person believes on reasonable grounds that the person is committing, or has committed, an infringement offence. Section 100G inserted 17 November 2022 section 16 Crown Pastoral Land Reform Act 2022
100H: Revocation of infringement notice before payment made
1: An authorised person may revoke an infringement notice before—
a: the infringement fee is paid; or
b: an order for payment of a fine is made or deemed to be made by a court under section 21
2: The authorised person must take reasonable steps to ensure that the person to whom the notice was issued is made aware of the revocation of the notice.
3: The revocation of an infringement notice before the infringement fee is paid is not a bar to any further action as described in section 100E(1)﻿(a) or (b) Section 100H inserted 17 November 2022 section 16 Crown Pastoral Land Reform Act 2022
100I: What infringement notice must contain
An infringement notice must be in the form prescribed in regulations made under section 100R
a: details of the alleged infringement offence that fairly inform a person of the time, place, and nature of the alleged offence:
b: the amount of the infringement fee:
c: the address of the place at which the infringement fee may be paid:
d: how the infringement fee may be paid:
e: the time within which the infringement fee must be paid:
f: a summary of the provisions of section 21(10)
g: a statement that the person served with the notice has a right to request a hearing:
h: a statement of what will happen if the person served with the notice neither pays the infringement fee nor requests a hearing:
i: any other matters prescribed in regulations made under section 100R Section 100I inserted 17 November 2022 section 16 Crown Pastoral Land Reform Act 2022
100J: How infringement notice may be served
1: An infringement notice may be served on the person who the authorised person believes is committing or has committed the infringement offence by—
a: delivering it to the person or, if the person refuses to accept it, bringing it to the person’s notice; or
b: leaving it for the person at the person’s last known place of residence with another person who appears to be of or over the age of 14 years; or
c: leaving it for the person at the person’s place of business or work with another person; or
d: sending it to the person by prepaid post addressed to the person’s last known place of residence or place of business or work; or
e: sending it to an electronic address of the person in any case where the person does not have a known place of residence or business in New Zealand.
2: Unless the contrary is shown,—
a: an infringement notice (or a copy of it) sent by prepaid post to a person under subsection (1) is to be treated as having been served on that person on the fifth working day after the date on which it was posted; and
b: an infringement notice sent to a valid electronic address is to be treated as having been served at the time the electronic communication first entered an information system that is outside the control of the department. Section 100J inserted 17 November 2022 section 16 Crown Pastoral Land Reform Act 2022
100K: Reminder notices
A reminder notice must be in the prescribed form, and must include the same particulars, or substantially the same particulars, as the infringement notice. Section 100K inserted 17 November 2022 section 16 Crown Pastoral Land Reform Act 2022
100L: Payment of infringement fees
All infringement fees paid in respect of infringement offences must be paid into a Crown Bank Account. Section 100L inserted 17 November 2022 section 16 Crown Pastoral Land Reform Act 2022
100M: Penalties for infringement offences
A person who commits an infringement offence is liable to—
a: the infringement fee prescribed in regulations for that offence; or
b: a fine imposed by a court not exceeding the maximum fine prescribed in regulations for that offence. Section 100M inserted 17 November 2022 section 16 Crown Pastoral Land Reform Act 2022 Breaches relating to reviewable instruments Heading inserted 17 November 2022 section 16 Crown Pastoral Land Reform Act 2022
100N: Breaches of statutory or contractual provisions
1: The Commissioner may apply to the District Court for the examination of anything the Commissioner alleges to be a breach of a reviewable instrument committed after the commencement of this section.
2: If satisfied on application under subsection (1) that the holder of a reviewable instrument has after the commencement of this Act committed a breach, the District Court may—
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: (without declaring the instrument forfeit) order the holder to pay to the Commissioner exemplary damages (not exceeding $50,000) for the breach if, and only if,—
i: it is impossible, impracticable, or otherwise inappropriate to remedy the breach; or
ii: the breach has already been remedied; or
c: declare the instrument forfeit to the Crown, 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 the likely costs to the Crown of remedying the breach; or
ii: exemplary damages (not exceeding $50,000) for the breach.
3: The District Court must not make an order under subsection (2)﻿(c) unless satisfied that every person with an interest in the land concerned at the time the application under subsection (1) was made—
a: has been given notice of the application; and
b: has had an adequate opportunity to appear and be heard in relation to it.
4: Sections 244 to 257
5: Section 105
6: In this section, breach
a: contravenes section 100 section 7 8 9
b: contravenes any provision of or covenant contained in the instrument. Section 100N inserted 17 November 2022 section 16 Crown Pastoral Land Reform Act 2022 Further provisions relating to activities and regulations Heading inserted 17 November 2022 section 16 Crown Pastoral Land Reform Act 2022
100O: Power to amend Schedule 1AB
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, amend, replace, or delete any of the items or definitions in Schedule 1AB
2: The Minister may make a recommendation under subsection (1) in accordance with subsections (3) to (7).
3: Only activities that are described in sections 7 to 9 section 100
4: Activities remain as discretionary pastoral activities unless they meet the criteria for permitted pastoral activities or prohibited pastoral activities.
5: An activity may be classified as a permitted pastoral activity only if the Minister is satisfied it meets the following criteria:
a: the pastoral activity must have no more than minor effects on inherent values in all reasonably foreseeable circumstances, which include the possible effects of the activity in all possible locations across the Crown pastoral estate; and
b: the activity must—
i: be required for pastoral farming; or
ii: contribute to the lessee or licensee meeting their obligations under section 99
6: An activity may be classified as a prohibited pastoral activity only if the Minister is satisfied that—
a: the activity will not impact unduly on a lessee’s or licensee’s ability to exercise their rights and obligations under their lease or licence in any reasonably foreseeable circumstances; and
b: the activity would be likely to cause significant loss of inherent values that cannot be avoided in all reasonably foreseeable circumstances.
7: The Minister must not recommend the making of an Order in Council under this section unless—
a: the Minister has consulted the Minister of Agriculture and the Minister of Conservation; and
b: the Minister is satisfied that the chief executive or the Commissioner has—
i: consulted relevant iwi and representatives of lessees and licensees of pastoral land; and
ii: published a notice of the proposed recommendation on the department’s Internet site and invited the public to give or send their written submissions on the proposed recommendation before it is finalised.
8: To avoid doubt, no change in the classification of a pastoral activity made by an Order in Council under this section affects the terms or conditions of any consent to undertake a discretionary pastoral activity or commercial recreation permit that has effect when the order takes effect.
9: An Order in Council made under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 100O inserted 17 November 2022 section 16 Crown Pastoral Land Reform Act 2022
100P: Power to amend Schedule 1ABA
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, amend, replace, or revoke any provision in Schedule 1ABA
2: The Minister may make a recommendation under subsection (1) in accordance with subsection (3).
3: The Minister must not recommend the making of an Order in Council under this section unless the Minister is satisfied that the chief executive or the Commissioner has—
a: consulted relevant iwi and representatives of lessees and licensees of pastoral land; and
b: published a notice of the proposed recommendation on the department’s Internet site and invited the public to give or send their written submissions on the proposed recommendation before it is finalised.
4: An Order in Council made under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 100P inserted 17 November 2022 section 16 Crown Pastoral Land Reform Act 2022
100Q: Chief executive to review Schedule 1AB
1: The chief executive must review Schedule 1AB
2: Following the review, the chief executive must advise the Minister on any recommended changes to Schedule 1AB Section 100Q inserted 17 November 2022 section 16 Crown Pastoral Land Reform Act 2022
100R: Regulations
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations providing for 1 or more of the following purposes:
a: prescribing the information required to be provided with an application for consent to undertake a discretionary pastoral activity or for the grant of a commercial recreation permit or stock limitation exemption (for example, the description and location of the pastoral activity, the inherent values affected, and mitigation):
b: prescribing matters the Commissioner must take into account in deciding the level of adverse effects of a pastoral activity or commercial recreation permit activity, or a stock limitation exemption, on inherent values:
c: prescribing the form and content of farm plans that may be considered under section 10(4)﻿(d)
d: prescribing fees or charges payable for applications for consent to undertake discretionary pastoral activities or applications for the grant of a commercial recreation permit or stock limitation exemption:
e: prescribing the form of, or the information that must be contained in or accompany, an enforceable undertaking under section 100B
f: prescribing infringement offences for the contravention of regulations made under this Act:
g: prescribing penalties for infringement offences against this Act or regulations made under this Act, which,—
i: in the case of infringement fees, must not be more than $1,000; and
ii: in the case of maximum fines, must not be more than twice the amount of the infringement fee for the offence:
h: prescribing the form of infringement notices and infringement offence reminder notices:
i: requiring persons to collect information and supply the information to the chief executive or the Commissioner for the purpose of this Act:
j: providing for any other matters contemplated by this Act, necessary for its administration, or necessary for giving it full effect.
2: The power to prescribe fees or charges includes the power to prescribe any of the following:
a: the method by which the fees or charges are to be assessed, which may (without limitation) include a general charge and actual and reasonable costs in respect of a discretionary pastoral activity:
b: the persons liable to pay the fees or charges:
c: when the fees or charges must be paid:
d: the circumstances in which the fees or charges may be refunded, remitted, or waived (wholly or partly).
3: Fees and charges are a debt due to the Crown and may be recovered by the chief executive or the Commissioner (on behalf of the Crown) in any court of competent jurisdiction.
4: The Minister must not recommend the making of regulations under this section unless the Minister is satisfied that the chief executive or the Commissioner has—
a: consulted relevant iwi, representatives of lessees and licensees of pastoral land, and the Director-General of Conservation; and
b: published a notice of the proposed recommendation on the department’s Internet site and invited the public to give or send their written submissions on the proposed recommendation before it is finalised.
5: Regulations made under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 100R inserted 17 November 2022 section 16 Crown Pastoral Land Reform Act 2022
100S: Chief executive or Commissioner may set standards and issue directives
1: The Commissioner may set standards and issue directives in relation to the administration of pastoral land and its inherent values, including monitoring the state of the land.
2: The chief executive may set standards and issue directives in relation to the framework for determining applications for discretionary pastoral consents, commercial recreation permits, or stock limitation exemptions.
3: The chief executive or the Commissioner must not set a standard or issue a directive unless one of them has—
a: consulted relevant iwi, representatives of lessees and licensees of pastoral land, and the Director-General of Conservation; and
b: published the draft standard or directive on the department’s Internet site and invited the public to give or send their written submissions on the draft document before it is finalised.
4: A standard or directive is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in accordance with the Legislation (Publication) Regulations 2021 LA19 s 74(1)﻿(aa) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 100S inserted 17 November 2022 section 16 Crown Pastoral Land Reform Act 2022
5: Savings, and consequential amendments and repeals
101: Savings
The repeal by section 104 section 109
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 Schedule 1
103: Director-General to administer special leases and grazing permits over certain reserves
Amendment(s) incorporated in the Act(s)
104: Consequential repeals
The enactments specified in Schedule 2