Crown Forest Assets Act 1989

1: Short Title and commencement
1: This Act may be cited as the Crown Forest Assets Act 1989.
2: This Act shall come into force on the day on which it receives the Royal assent.
2: Interpretation
1: In this Act, unless the context otherwise requires,— Crown Crown forest land section 32(1) Forests Act 1949
a: lodged, whether before or after the commencement of this Act, in the office of the Chief Surveyor for the land district in which the land is situated; and
b: certified as correct for the purposes of this Act by that Chief Surveyor; and
c: as added to, varied or modified, from time to time, with the approval of the responsible Ministers— and includes land or any interest in land acquired pursuant to section 8(d) Schedule 2 Crown forestry assets
a: every forest that comprises principally exotic trees growing or standing on Crown forest land; and
b: all improvements on, or associated with, Crown forest land and, without limiting the generality of the foregoing, includes:
i: all buildings and other structures affixed to that land; and
ii: all roads, tracks, accessways, firebreaks, bridges, culverts, irrigation works, erosion works, water-races, drainage works, water storage, and all works and services related to the prevention, detection, or fighting of fire; and
c: all plant, equipment, vehicles, tools, logs, consumable supplies, raw materials, forest produce and stores used or associated with the management of other Crown forestry assets; and
d: the forest stand records of the Crown; and
e: all rights (whether vested or contingent) under leases, licences, agreements for sale and purchase, profits à prendre
f: all patents, trademarks, copyright, and other intellectual property rights (whether protected by registration or other formal process, or not) and all planning and other statutory consents used in connection with the management of Crown forestry assets or Crown forest land; and
g: shares or other securities in companies holding Crown forestry assets and shares or other securities held by the Crown for forestry purposes; and
h: all contracts entered into by the Crown in respect of Crown forestry assets referred to in the preceding paragraphs of this definition or the use of Crown forest land— but does not include contracts that are not capable of assignment by the Crown and the leases or licences specified in Schedule 2 Crown forestry licence section 14 drainage works erosion works land licensed land licensee protective covenant section 18 responsible Ministers termination period section 17(1) transfer transfer Tribunal Treaty of Waitangi Act 1975
2: Without limiting the definition of the term transfer transfer appoint
3: Nothing in this Act limits any powers or rights that the Crown or a Minister of the Crown has other than pursuant to this Act. Section 2(1) drainage works inserted 25 October 1989 section 2 Crown Forest Assets Amendment Act 1995 Section 2(1) erosion works inserted 25 October 1989 section 2 Crown Forest Assets Amendment Act 1995
3: Act to bind the Crown
This Act binds the Crown.
1: Crown forest land
4: Status of Crown forest land
All Crown forest land, irrespective of its status before the commencement of this Act, is subject to this Act.
5: Crown forest land not subject to Land Act 1948 or section 6 of Coal Mines Act 1979
1: Except as provided in subsections (2) and (3), nothing in the Land Act 1948
2: Sections 36 172
3: Section 176
4: Nothing in section 6 of the Coal Mines Act 1979 applies in respect of Crown forest land.
6: Records of title
1: Notwithstanding the provisions of any other Act, the Registrar-General of Land
2: The Registrar-General of Land record of title record of title Section 6 heading amended 12 November 2018 section 250 Land Transfer Act 2017 Section 6(1) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 6(2) amended 12 November 2018 section 250 Land Transfer Act 2017
7: Certification of Crown forest land
1: Every application under section 6
2: A certificate obtained under subsection (1) shall be conclusive evidence to the Registrar-General of Land Section 7(2) amended 12 November 2018 section 250 Land Transfer Act 2017
8: Easements, leases, exchanges, etc
The responsible Ministers may, on behalf of the Crown, for the purpose of managing Crown forest land, or Crown forestry assets, or Crown forestry licences, and in accordance with good business practice, do any 1 or more of the following:
a: acquire an easement over any land:
b: grant an easement over any Crown forest land or any part or parts of it and vary, renew, or cancel any easement:
c: grant to any person, exclusively or in common with others, licences, leases, permits, and other rights and authorities in respect of any Crown forest land:
d: transfer the fee simple, or transfer or grant any other estate or interest, in any Crown forest land in exchange for the fee simple or any other estate or interest in any adjoining land— for such consideration, and on such terms and conditions, as the responsible Ministers may approve.
8A: Registration of easements
1: Despite anything in the Land Transfer Act 2017
2: Before the Registrar-General of Land
3: A certificate in accordance with subsection (2) shall be conclusive evidence to the Registrar-General of Land
4: Where an instrument granting or reserving an easement over or in favour of Crown forest land is registered Land Transfer Act 2017
5: Where an instrument granting or reserving an easement over or in favour of Crown forest land has been registered under subsection (1) and the land is later registered under the Land Transfer Act 2017 Section 8A inserted 18 December 1992 Crown Forest Assets Amendment Act 1992 Section 8A(1) replaced 12 November 2018 section 250 Land Transfer Act 2017 Section 8A(2) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 8A(3) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 8A(4) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 8A(5) replaced 12 November 2018 section 250 Land Transfer Act 2017
9: Appointment of manager
1: The responsible Ministers may, on behalf of the Crown, in writing, appoint Crown Forestry Management Limited
2: The responsible Ministers may, on behalf of the Crown, in writing, appoint Crown Forestry Management Limited section 2
3: A copy of any instrument under this section may be lodged with the Registrar-General of Land or Surveyor-General Land Transfer Act 2017
4: Where Crown Forestry Management Limited Section 9(1) amended 31 May 1996 clause 3 State-Owned Enterprises (Crown Forestry Management Limited) Order 1996 Section 9(2) amended 31 May 1996 clause 3 State-Owned Enterprises (Crown Forestry Management Limited) Order 1996 Section 9(3) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 9(4) amended 31 May 1996 clause 3 State-Owned Enterprises (Crown Forestry Management Limited) Order 1996
10: Delegation
1: The responsible Ministers may, from time to time, in writing, delegate, on such terms and conditions as they think fit, any of their powers under sections 8 8A 11 14 Crown Forestry Management Limited
2: Any person to whom any powers are delegated under subsection (1) may, for the purpose of exercising those powers, appoint any officer or employee to execute or sign any transfer, grant, agreement, or instrument on behalf of the Crown.
3: Subject to any general or special directions given or conditions attached by the responsible Ministers, any person to whom any power has been so delegated, may exercise that power in the same manner and with the same effect as if it had been conferred directly by this section and not by delegation.
4: Every person purporting to act under any delegation under this section shall, in the absence of evidence to the contrary, be presumed to be acting in accordance with the terms of that delegation.
5: Any such delegation may at any time be revoked by the responsible Ministers in whole or in part, but that revocation shall not affect anything done before the revocation.
6: No delegation shall prevent the exercise by the responsible Ministers of any of the functions, duties, and powers conferred by this Act.
7: A copy of any instrument of delegation or instrument of appointment under this section may be lodged with the Registrar-General of Land or Surveyor-General Land Transfer Act 2017 Section 10(1) amended 1 October 1998 section 42 Ngāi Tahu Claims Settlement Act 1998 Section 10(1) amended 31 May 1996 clause 3 State-Owned Enterprises (Crown Forestry Management Limited) Order 1996 Section 10(7) amended 12 November 2018 section 250 Land Transfer Act 2017
2: Crown forestry assets and Crown forestry licences
Transfer of Crown forestry assets
11: Responsible Ministers may transfer Crown forestry assets
1: The responsible Ministers may, on behalf of the Crown, transfer Crown forestry assets to any person for such consideration, and on such terms and conditions, as the responsible Ministers may agree with that person.
2: Crown forestry assets that are described in paragraph (a) of the definition of that term section 2
3: Nothing in subsection (2) prevents the transfer of any Crown forestry assets referred to in that subsection in compliance with—
a: the terms of any contract that existed immediately before the commencement of this Act; or
b: the terms of any contract that the responsible Ministers consider appropriate to enter into in accordance with current accepted business practice.
12: Appointment of agents
1: The responsible Ministers may, on behalf of the Crown, appoint Crown Forestry Management Limited
a: transfer, or arrange the transfer of, Crown forestry assets to any person; or
b: grant, or arrange the grant of, a Crown forestry licence to any person.
2: An appointment under subsection (1) may be made with or without consideration, and on such terms and conditions, as the responsible Ministers may agree with the appointee. Section 12(1) amended 31 May 1996 clause 3 State-Owned Enterprises (Crown Forestry Management Limited) Order 1996
13: Transfer of fixed assets
Notwithstanding any Act or rule of law, Crown forestry assets growing or standing on, or fixed to, or under or over, any land may be transferred under section 11 Crown forestry licences
14: Grant of Crown forestry licences
The responsible Ministers may, on behalf of the Crown and in accordance with this Act, grant a Crown forestry licence in respect of any Crown forest land to any person to whom Crown forestry assets on, or that relate to, that land, have been transferred under section 11
15: Licences binding on Crown's successors
Every Crown forestry licence enures for the benefit of, and is binding on, the successors in title to the Crown, and is not affected by the transfer of the licensed land by the Crown under section 8 section 36
16: Estate or interest in land not conferred under Crown forestry licence
A Crown forestry licence does not transfer to, or confer on, the licensee an estate or interest in land.
17: Provisions relating to period of Crown forestry licences
1: For the purposes of this section termination period
2: Subject to this section, every Crown forestry licence that relates to Crown forest land that is situated in a district specified in Schedule 3
3: Subject to this section, every other Crown forestry licence shall run from year to year by way of automatic extension.
4: Every Crown forestry licence shall provide that if a recommendation is made under section 8HB(1)﻿(a)
a: the responsible Ministers shall give notice to the licensee that the recommendation has become a final recommendation:
b: notice shall be given to the licensee terminating the licence, or terminating the licence in so far as it relates to part of the licensed land, as the case may be,—
i: if the notice is given during the initial fixed term, at the expiration of a period of 35 years commencing on 30 September next after the end of that term; or
ii: if the notice is given after the initial fixed term, or if the licence does not comprise an initial fixed term, at the expiration of a period of 35 years commencing on 30 September next after the date on which the notice is given:
c: in relation to the licensed land, or that part of it to which a notice of termination applies, as the case may be,—
i: during the termination period the rights of the licensee under the licence in respect of that land shall be restricted to protecting, managing, harvesting, and processing the tree crops standing on that land at the commencement of that period; and
ii: the licensee shall exercise those rights in accordance with accepted forestry business practice; and
iii: the licensee shall, during the termination period, from time to time in accordance with the licence, give notice to the licensor of those parts of that land, including buildings and other fixed structures, roads, tracks, and access ways, that are no longer required by the licensee for exercising the licensee's rights under the licence during that period; and
iv: the licensor shall take possession of any land referred to in subparagraph (iii) notified as being no longer required, and the licence shall cease to apply to that land except for provisions that relate to the rights and obligations of the parties during the balance of the termination period.
5: Every Crown forestry licence shall provide that if a recommendation is made under section 8HB(1)﻿(b) section 8HE
a: the licence shall, as regards the licensed land or any part of it to which the recommendation relates, be deemed to have been granted for an initial fixed term of 35 years whether or not the licence comprised an initial fixed term in accordance with subsection (2) and whether or not the licence has been in force for the whole or part of that term:
b: notice may be given to the licensee terminating the licence—
i: if the notice is given during the initial fixed term, at the expiration of a period of 35 years commencing on 30 September next after the end of that term; or
ii: if the notice is given after the expiration of the initial fixed term, at the expiration of a period of 35 years commencing on 30 September next after the date on which the notice is given:
c: subject to the terms and conditions of the licence and to any enactment or rule of law, the licensee shall have the right, while the licence remains in force, to use the licensed land for any purpose whether or not it relates to the harvesting, planting, management or processing of trees on the licensed land.
18: Protective covenants
1: Every Crown forestry licence shall, where appropriate, include—
a: covenants for conservation purposes under section 27
b: covenants for the protection of archaeological sites:
c: covenants for the protection of sites having historical or spiritual or emotional or cultural significance:
d: water and soil covenants:
e: covenants relating to forest research areas and Wahi Tapu.
2: The licence shall—
a: specify the nature and terms of each protective covenant; and
b: define the boundaries of the area subject to each protective covenant.
3: The terms of every protective covenant for conservation purposes shall be determined by the responsible Ministers in consultation with the Minister of Conservation.
4: The terms of every protective covenant for the protection of archaeological sites, and sites having historical or spiritual or emotional or cultural significance and Wahi Tapu shall be determined by the responsible Ministers in consultation with such persons or Maori who, or organisations that, in the opinion of the responsible Ministers, have an interest, or, represent persons or Maori having an interest, in the proposed covenants.
5: The terms and conditions of every water and soil covenant shall be determined by the responsible Ministers in consultation with the Minister for the Environment.
6: The terms and conditions of every protective covenant for forest research areas shall be determined by the responsible Ministers in consultation with the Minister of Forestry.
19: Registration of protective covenants
1: The terms of every protective covenant shall be incorporated in a certificate which shall be signed by a responsible Minister and shall be registered with the Registrar-General of Land
2: On registration of the certificate,—
a: the Registrar-General of Land must enter particulars of that certificate and of every protective covenant on the relevant records of title; and
b: if no record of title has been issued for the land, the Registrar-General of Land must issue a record of title for the certificate.
3: No protective covenant shall be registered under this section unless the certificate incorporating the protective covenant is accompanied by a certificate from the Chief Surveyor of the land district in which the licensed land is situated that the covenant is correctly described and relates to the licensed land and containing such other matters as the Registrar-General of Land Section 19(1) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 19(2) replaced 12 November 2018 section 250 Land Transfer Act 2017 Section 19(3) amended 12 November 2018 section 250 Land Transfer Act 2017
20: Enforcement of protective covenants
1: The Minister of Conservation may, in relation to any protective covenant of the kind referred to in any of paragraphs (a) to (d) of subsection (1) of section 18
a: to enforce the terms of the covenant; or
b: to remedy or restrain any breach of the terms of the covenant.
2: Before instituting any proceedings the Minister of Conservation shall consult with the responsible Ministers and any other Minister of the Crown having an interest in the matter.
21: Variation and cancellation of protective covenants
1: Subject to section 22 Registrar-General of Land
2: Subject to section 22 Registrar-General of Land
3: The memorandum shall be registered in the same manner as a certificate under section 19
4: On the registration of the memorandum of variation or cancellation, as the case may be, the Registrar-General of Land
a: notify particulars of the variation or the cancellation of the covenant, as the case may be, on the register and on any relevant records
b: if no record of title has been issued for the land, record particulars of the variation of the covenant on the record of title issued for the covenant certificate under section 19(2)﻿(b) Section 21(1) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 21(2) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 21(4) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 21(4)﻿(a) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 21(4)﻿(b) replaced 12 November 2018 section 250 Land Transfer Act 2017
22: Consultation before protective covenant varied or cancelled
1: A responsible Minister shall not deliver a memorandum under section 21
a: in a case where the memorandum relates to a variation of, or an addition to, or the omission of, a term or condition of a protective covenant, the memorandum is accompanied by a certificate signed by the responsible Minister and, if the covenant is a covenant of the kind referred to in paragraphs (a), (b), or (c) of section 18(1)
b: the Minister and, if the covenant is a covenant of the kind referred to in paragraphs (a), (b), or (c) of section 18(1)
i: publish a notice in a principal metropolitan newspaper circulating predominantly in Auckland, Wellington, Christchurch, and Dunedin, respectively, and in a newspaper circulating predominantly in the locality in which the licensed land is situated that—
A: specifies the terms of the proposed variation, addition, omission or cancellation; and
B: states that any person or organisation has the right to make submissions to those Ministers by a date specified in the notice, being a date not less than 40 working days after the date of publication of the notice and, if that person or organisation requests it, the right to appear in support of those submissions before any person appointed by those Ministers for the purpose; and
ii: those Ministers have regard to any submissions made and to a report and recommendations made by the person appointed.
2: If a person or organisation requests the right to appear in support of any submissions before a person appointed by those Ministers, the Ministers shall appoint a suitably qualified person to receive those submissions and hear that person or organisation in support of them. The person appointed shall prepare a report and recommendations on those submissions and deliver the report and recommendations to those Ministers.
3: Nothing in this section applies to the variation or cancellation of a forestry research covenant.
23: Review of protective covenants on return of land to Maori ownership
1: Where licensed land is returned to Maori ownership in accordance with section 36
2: On receiving a notice under subsection (1) the responsible Ministers, together with the Minister of Conservation and the Minister of Maori Affairs, shall jointly consider whether, having regard to the fact that the licensed land has been returned to Maori ownership, the covenant is, or the terms and conditions of the covenant are, still appropriate.
3: If the responsible Ministers are satisfied that the covenant is not still appropriate, or that the terms and conditions of the covenant are not still appropriate, as the case may be, the responsible Ministers shall, subject to section 22 section 21
24: Public access easements
1: Every Crown forestry licence shall, where appropriate, include provisions for the creation and protection of public access rights in or over the licensed land or any part of it.
2: The licence shall—
a: specify the nature of the access rights:
b: define the access rights by reference to a plan or map of the licensed land or part of it.
3: Such public access rights shall be determined by the responsible Ministers in consultation with the Minister of Conservation, the Minister for the Environment, and any other persons or Maori who, or organisations that, in the opinion of the responsible Ministers, have an interest, or represent persons or Maori having an interest, in the proposed access rights.
25: Registration of public access easements
1: The terms of every public access easement shall be incorporated in an easement certificate which shall be signed by a responsible Minister and registered with the Registrar-General of Land
2: On registration of the easement certificate,—
a: the Registrar-General of Land must enter particulars of that certificate and of the easements on the register and on all relevant records of title; and
b: if no record of title has been issued for the land, the Registrar-General of Land must issue a record of title for the easement.
3: No easement certificate shall be registered under this section unless it is accompanied by a certificate from the Chief Surveyor of the district in which the licensed land is situated that the easement is correctly described and containing such other matters as the Registrar-General of Land
4: Nothing in section 111 Section 25(1) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 25(2) replaced 12 November 2018 section 250 Land Transfer Act 2017 Section 25(3) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 25(4) amended 12 November 2018 section 250 Land Transfer Act 2017
26: Variation and cancellation of easements
1: Subject to section 27 Registrar-General of Land
2: Subject to section 27 Registrar-General of Land
3: The memorandum shall be registered in the same manner as an easement certificate under section 25
4: On the registration of a memorandum of variation or cancellation, as the case may be, the Registrar-General of Land must
a: notify particulars of the variation or the cancellation of the easement, as the case may be, on the register and on any relevant records
b: if no record of title has been issued for the land, record particulars of the variation of the easement on the record of title for the easement issued under section 25(2)﻿(b)
5: Nothing in section 112 Section 26(1) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 26(2) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 26(4) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 26(4)﻿(a) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 26(4)﻿(b) replaced 12 November 2018 section 250 Land Transfer Act 2017 Section 26(5) amended 12 November 2018 section 250 Land Transfer Act 2017
27: Consultation before public access easement varied or cancelled
1: A responsible Minister shall not deliver a memorandum under section 26
a: in a case where the memorandum relates to a variation of, or addition to, or omission of, a term or a covenant or condition of a public access easement, the memorandum is accompanied by a certificate signed by the responsible Minister and the Minister of Conservation stating that the variation, addition or omission does not significantly affect the public access easement and that public consultation in accordance with paragraph (b) is not warranted; or
b: the Minister and the Minister of Conservation—
i: publish a notice in a principal metropolitan newspaper circulating predominantly in Auckland, Wellington, Christchurch, and Dunedin, respectively, and in a newspaper circulating predominantly in the locality in which the licensed land is situated that—
A: specifies the terms of the proposed variation, addition, omission or cancellation; and
B: states that any person or organisation has the right to make submissions to those Ministers by a date specified in the notice, being a date not less than 40 working days after the date of publication of the notice and, if that person or organisation requests it, the right to appear in support of those submissions before any person appointed by those Ministers for the purpose; and
ii: those Ministers have regard to any submissions made and to a report and recommendations made by the person appointed.
2: If a person or organisation requests the right to appear in support of any submissions before a person appointed by those Ministers, the Ministers shall appoint a suitably qualified person to receive those submissions and hear that person or organisation in support of them. The person appointed shall prepare a report and recommendations on those submissions and deliver the report and recommendations to those Ministers.
28: Review of public access easement on return of land to Maori ownership
1: Where licensed land is returned to Maori ownership in accordance with section 36
2: On receiving a notice under subsection (1), the responsible Ministers, together with the Minister of Conservation and the Minister of Maori Affairs, shall jointly consider whether, having regard to the fact that the licensed land has been returned to Maori ownership, the public access easement is, or the terms, covenants or conditions of the public access easement are, still appropriate.
3: If the responsible Ministers are satisfied that the public access easement is not still appropriate, or the terms, covenants, or conditions of the public access easement are not still appropriate, as the case may be, the responsible Ministers shall, subject to section 27 section 26
29: Annual licence fee
1: Every Crown forestry licence shall provide for the payment, and periodic review, of an annual fee for the use of the licensed land.
2: The annual licence fee shall be a market rate agreed, or determined in a manner agreed, between the Crown and the licensee and specified in the Crown forestry licence.
3: For the purposes of this section, a Crown forestry licence may, if the Crown and the licensee agree,—
a: provide that on a periodic review the annual licence fee shall be an amount equal to a specified percentage of the value of the licensed land:
b: provide that the annual licence fee shall be based on the value of the licensed land excluding improvements specified in the licence, but including the value of such of the following classes of work done on or for the benefit of the land by any owner or occupier, whether before or after the commencement of the licence, as may be referred to in the licence:
i: draining, excavation, filling, reclamation, or stabilising of the land or construction of retaining walls or other works appurtenant to such draining, excavation, filling, reclamation, or stabilising:
ii: grading or levelling of the land or the removal of rocks, stone, sand, or soil from the land:
iii: removal or destruction of vegetation or effecting any change in the nature or character of vegetation:
iv: alteration of soil fertility or the structure of the soil:
v: arresting or eliminating erosion or flooding:
vi: such other classes of work as may be referred to in the licence. Section 29 substituted 25 October 1989 section 3 Crown Forest Assets Amendment Act 1995
29A: Other provisions of Crown forestry licences
1: Subject to the terms of the licence, a Crown forestry licence may be assigned by the licensee at any time.
2: Subject to this Act, every Crown forestry licence shall confer or impose on the licensee such other rights and obligations and contain such other terms and conditions as the responsible Ministers and the licensee may agree. Section 29A inserted 25 October 1989 section 3 Crown Forest Assets Amendment Act 1995 Registration of licences
30: Registration of Crown forestry licences
1: Notwithstanding anything in the Land Transfer Act 2017
2: If the licensed land is not subject to the Land Transfer Act 2017 creating a record of title for the licence
3: Any such licence may describe the land comprised in it by reference to a diagram or an aerial photograph or in any other way; and, where a copy of that diagram or photograph is lodged with the Registrar-General of Land Registrar-General of Land must, subject to subsection (4), on receipt of the licence, register the licence even though a plan of the land has not been deposited in accordance with section 224
4: No Crown forestry licence shall be registered under this section unless the applicant for registration lodges with the Registrar-General of Land a certificate from the Surveyor-General
5: If a plan of the licensed land has not been deposited in accordance with section 224 section 17
a: if the licensed land is subject to the Land Transfer Act 2017 section 17(1)﻿(a)
b: if the licensed land is not subject to the Land Transfer Act 2017 section 17(1)﻿(a)
6:
7: Section 30(1) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 30(2) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 30(3) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 30(4) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 30(5) replaced 12 November 2018 section 250 Land Transfer Act 2017 Section 30(6) repealed 12 November 2018 section 250 Land Transfer Act 2017 Section 30(7) repealed 12 November 2018 section 250 Land Transfer Act 2017
31: Registration of transfers and other dealings
1: Where a Crown forestry licence has been registered under section 30 section 32
2: The same fee shall be payable on the registration of any transfer, mortgage, transmission, or other disposition of the licence, as on the registration of a similar transfer, mortgage, transmission, or other disposition of a registered lease.
3: The covenants, conditions, and restrictions contained or implied in a Crown forestry licence registered under section 30 Registrar-General of Land
4: Where a Crown forestry licence which has been registered under section 30 Registrar-General of Land Section 31(3) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 31(4) amended 12 November 2018 section 250 Land Transfer Act 2017
32: Regulations
1: The Governor-General may, from time to time, by Order in Council, make regulations prescribing such matters as are necessary or expedient for regulating the registration of Crown forestry licences under the Land Transfer Act 2017
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 32(1) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 32(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
33: Application of other Acts
1: None of the following constitutes a subdivision of land for the purposes of Part 10
a: the grant of a Crown forestry licence:
b: the termination of a Crown forestry licence or the termination of a Crown forestry licence in respect of part of the licensed land:
c: the surrender or rescission of a Crown forestry licence:
d: the transfer of any Crown forestry asset.
2: The taking of possession of any land pursuant to section 17(4)﻿(c)﻿(iv) subdivision of land for the purposes of Part 10
3: A right of access granted or reserved by, or created as ancillary to, a Crown forestry licence shall be deemed not to be the grant of a right of way under section 348
4: Nothing in sections 40 to 42 Section 33(1) amended 23 July 1993 Crown Forest Assets Amendment Act 1993 Section 33(2) amended 23 July 1993 Crown Forest Assets Amendment Act 1993
34: Forestry rental trust
1: The responsible Ministers shall, on behalf of the Crown, establish by deed a forestry rental trust.
2: All licence fees payable under Crown forestry licences shall, until such time as the Waitangi Tribunal makes a recommendation in relation to the land under section 8HB section 8HE
3: All payments by the Crown to the forestry rental trust may be made without further appropriation than this section.
3: Return of Crown forest land to Maori ownership and compensation
35: Restrictions on sale of Crown forest land
1: The Crown shall not sell or otherwise dispose of any Crown forest land that is subject to a Crown forestry licence except in accordance with section 8
2: The Crown shall not sell, assign, or otherwise dispose of, or deal with, any rights or interests in any Crown forestry licence unless the Waitangi Tribunal has made, in relation to the licensed land, a recommendation under section 8HB(1)﻿(b) section 8HE
36: Return of Crown forest land to Maori ownership and payment of compensation
1: Where any interim recommendation of the Waitangi Tribunal under the Treaty of Waitangi Act 1975
a: return the land to Maori ownership in accordance with the recommendation subject to the relevant Crown forestry licence; and
b: pay compensation in accordance with Schedule 1
2: Except as otherwise provided in this Act or any relevant Crown forestry licence, the return of any land to Maori ownership shall not affect any Crown forestry licence or the rights of the licensee or any other person under the licence.
3: Any expenses incurred in returning land to Māori ownership, or in paying compensation required to be paid, under this section may be incurred without further appropriation than this section. Section 36(3) replaced 30 November 2022 section 28 Statutes Amendment Act 2022
37: Recommendation by Waitangi Tribunal that Crown forest land not liable to return to Maori ownership
1: Where the Waitangi Tribunal makes a recommendation in relation to Crown forest land under section 8HB(1)﻿(b) section 8HE section 6
2: The responsible Ministers may, by notice in the Gazette Land Act 1948
4: Amendments to Treaty of Waitangi Act 1975
38: This Part to be read with Treaty of Waitangi Act 1975
This Part shall be read together with and deemed part of the Treaty of Waitangi Act 1975 the principal Act
39: Functions of Tribunal
Amendment(s) incorporated in the Act(s)
40: New heading and sections inserted
Amendment(s) incorporated in the Act(s)
41: Power of Tribunal to commission research and receive report in evidence
Amendment(s) incorporated in the Act(s)
5: Amendments to other Acts
42: Amendments to Maori Affairs Act 1953
Section 42 repealed 1 July 1993 section 362(2) Te Ture Whenua Maori Act 1993
43: Amendment to Income Tax Act 1976
Section 43 repealed 25 October 1989 Income Tax Amendment Act (No 4) 1989
44: Amendments to Conservation Act 1987
Amendment(s) incorporated in the Act(s)