Mining Tenures Registration Act 1962

1: Short Title and commencement
1: This Act may be cited as the Mining Tenures Registration Act 1962.
2: This Act shall come into force on 1 April 1963.
2: Interpretation and application
1: In this Act, unless the context otherwise requires,— Commissioner of Crown Lands Commissioner Director-General of Lands the Land Act 1948 licence
a: a business site licence or residence site licence in respect of land in a mining district granted under the Mining Act 1926 subsection (4) of section 55
b: a lease of land in any township within a mining district or of any suburban section granted under section 45 or section 47 of the Mining Act 1926
c: a special site licence in respect of land in a mining district granted under the Mining Act 1926 and licensee territorial authority Local Government Act 2002 Subject to the provisions of this Act, expressions which are defined in the Mining Act 1926
2: Where on the expiration by effluxion of time of any special site licence of land used principally for any residential, business, religious, recreational, or other like purposes, a new special licence is granted in respect of the same land to the former licensee and for the same purposes, the provisions of this Act shall apply with respect to the new licence as if it were registered in the office of the Mining Registrar at the commencement of this Act.
3: Where before the commencement of this Act any licence has been struck off the register under the provisions of section 188 of the Mining Act 1926
4: The provisions of this Act shall apply with respect to every licence granted after the commencement of this Act pursuant to—
a: subsection (1) of section 6 of the Mining Amendment Act 1953
b: subsection (6) of section 6 of the Mining Amendment Act 1953 subsection (2) of section 2 of the Mining Amendment Act 1961 Land Transfer Act 2017 as if the licence or renewal licence, as the case may be, had been registered in the office of the Mining Registrar at the commencement of this Act.
5: The provisions of this Act shall apply with respect to every licence granted before the commencement of this Act and registered in the office of the Mining Registrar after the commencement of this Act as if it had been so registered at the commencement of this Act. Section 2(1) Commissioner of Crown Lands Commissioner amended 1 April 1987 section 65(1) Conservation Act 1987 Section 2(1) Director-General of Lands inserted 1 April 1987 section 65(1) Conservation Act 1987 Section 2(1) District Land Registrar repealed 12 November 2018 section 250 Land Transfer Act 2017 Section 2(1) Land Settlement Board repealed 1 April 1987 section 65(1) Conservation Act 1987 Section 2(1) territorial authority replaced 1 July 2003 section 262 Local Government Act 2002 Section 2(4)﻿(b) amended 12 November 2018 section 250 Land Transfer Act 2017
3: Mining Registrar to investigate title to licences
1: As soon as conveniently may be after the commencement of this Act, every Mining Registrar shall make such inquiry as shall be necessary for the purpose of ascertaining, with respect to every licence registered at the commencement of this Act in any register kept by him under the Mining Act 1926
a: the licence is current:
b: the licence is liable to forfeiture under paragraph (e) of section 190 of the Mining Act 1926 paragraph (e) of section 194 of that Act
c: any person, other than the registered licensee or a tenant of the registered licensee or a person occupying the same with the consent of the registered licensee, is in occupation of the land comprised in the licence or of any part of that land.
2: Where on any such inquiry the Registrar is satisfied with respect to any licence that at the time of the inquiry—
a: it is current; and
b: it is not liable to forfeiture and has not been abandoned as aforesaid; and
c: no person, other than the registered licensee or a tenant of the registered licensee or a person occupying the same with the consent of the registered licensee, is in occupation of the land comprised in the licence or of any part of that land,— then, subject to the provisions of section 5 Schedule 1
3: Where on any such inquiry the Mining Registrar is satisfied that the licence is current at the time of the inquiry but is liable to forfeiture or has been abandoned as aforesaid and that no person, other than the registered licensee or a tenant of the registered licensee or a person occupying the same with the consent of the registered licensee, is in occupation of the land comprised in the licence or of any part of that land, the Registrar shall apply to the Warden under the Mining Act 1926 section 5 Schedule 1
4: Where under subsection (3) the Warden grants a decree of forfeiture or a certificate of abandonment with respect to any licence, the Mining Registrar shall give notice in writing thereof to the Commissioner of Crown Lands.
4: Land occupied by person other than registered licensee
1: Where on any inquiry under section 3
a: it is current; and
b: it is not liable to forfeiture under paragraph (e) of section 190 of the Mining Act 1926 paragraph (e) of section 194 of that Act
c: some person, other than the registered licensee or a tenant of the registered licensee or a person occupying the same with the consent of the registered licensee, is in occupation of the land comprised in the licence or of any part of that land,— he shall forthwith apply to the Warden to make such order with respect to the licence as the Warden thinks necessary in the circumstances of the case, either—
d: confirming the title of the registered licensee to the licence; or
e: cancelling the licence and granting to the licensee a new licence of the same kind as the existing licence of part of the land comprised in the existing licence; or
f: cancelling the licence and granting to any person occupying the land comprised in the existing licence or any part of that land a new licence of the same kind as the existing licence of the whole or such part as the Warden thinks fit of the land comprised in the existing licence; or
g: cancelling the licence.
2: On any application under subsection (1), the Warden may make any order specified in paragraphs (d) to (g) of that subsection or such other order as he considers just and equitable in the circumstances of the case.
3: Any new licence granted under the provisions of subsection (2) shall be for the unexpired term of the cancelled licence, at the rent payable under the cancelled licence at the date of the cancellation, and otherwise upon the conditions of the cancelled licence: provided that the term of every renewal to which the licensee is entitled under the new licence shall be the same as the term of every renewal to which the licensee under the cancelled licence was entitled.
4: A new licence may be granted under the provisions of subsection (2), notwithstanding anything in section 6 of the Mining Amendment Act 1953 section 2 of the Mining Amendment Act 1961
5: Notice of an application to the Warden under this section shall—
a: in the case of a licence of unalienated Crown land (not being Maori ceded land), be served by the Mining Registrar on the Commissioner of Crown Lands, on the person in occupation of the land or of any part thereof, and also on such other persons and in such manner as the Warden directs:
b: in the case of a licence of other land, be served by the Mining Registrar on the person in occupation of the land or of any part thereof and also on such other persons and in such manner as the Warden directs.
6: Without limiting the powers of the Warden to make any order under subsection (2), the Warden may under that subsection grant a new licence to any person occupying the whole or part of the land comprised in an existing licence, if he is satisfied that—
a: the occupier would, if the land were freehold land subject to the Land Transfer Act 2017 Trusts Act 2019
b: the occupier had been in possession of the land comprised in the licence, or part of that land, as the case may be, for a period of not less than 12 years and that his possession had been adverse to the title of the registered licensee; or
c: it is just and equitable on any ground whatsoever that a licence be granted to the occupier of the whole or part of the land.
7: On any application to the Warden under subsection (1), the Warden may receive as evidence any statement, document, information, or matter that may in his opinion assist him to deal effectually with the application, whether or not the same would be otherwise admissible in a court of law.
8: On any application to the Warden under subsection (1), the Warden may make such inquiries, interview such persons, and take such other steps as he considers necessary or expedient for the purpose of resolving by the agreement of all the persons concerned any question arising in the proceedings.
9: Where a licence in respect of which an application is made to the Warden under subsection (1) confers on the licensee a right of renewal and the licence expires before the making of an order under subsection (2), the licence shall be deemed to continue in force until the expiration of the time for appealing against the decision of the Warden or, in the event of an appeal against that decision, until the appeal has been determined. Where as a result of the decision of the Warden or, as the case may be, the decision on appeal a new licence is to be granted, that licence shall be for the same term as the renewal term provided in the expired licence and at the same rent and otherwise on the same conditions as the expired licence.
10: The provisions of this Act shall apply with respect to every licence granted under this section as if it were registered at the commencement of this Act, and, subject to the provisions of section 5 Schedule 1
11: Notwithstanding anything in the Mining Act 1926 Minister of Energy
12: Where a new licence is issued under this section to the licensee under a former licence or to an equitable owner of a former licence, the licence (whether it is in respect of the whole or part of the land in the former licence) shall be deemed to be subject to all registered encumbrances, liens, and other interests to which the former licence was subject at the date of the granting of the new licence, and for the unexpired term of the former licence shall be entitled to the benefit of all interests to which the former licence was entitled at that date, and all such encumbrances, liens, and other interests shall be preserved in the order of their existing priority.
13: Where a new licence is issued under this section to a person other than the licensee under a former licence or an equitable owner of a former licence, the new licence (whether it is in respect of the whole or part of the land in the former licence) shall be subject to such (if any) of the registered encumbrances, liens, and interests to which the former licence was subject at the date of the granting of the new licence as are specified in the order granting the new licence, and for the unexpired term of the former licence shall be entitled to the benefit of all interests to which the former licence was entitled at that date, and all such encumbrances, liens, and other interests shall be preserved in the order of their existing priority. Section 4(6)﻿(a) amended 30 January 2021 section 161 Trusts Act 2019 Section 4(6)﻿(a) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 4(11) amended 1 April 1978 Ministry of Energy Act 1977
5: Description of land and diagrams
1: Before the Mining Registrar issues a certificate in the form in Schedule 1
2: Where the Chief Surveyor is satisfied that the description and diagram as aforesaid are reasonably sufficient to identify the land, he shall endorse on or attach to the original licence or duplicate original licence or certified copy licence, as the case may be, registered in the office of the Mining Registrar, so as to be identifiable therewith, a certificate to that effect.
3: Where the Chief Surveyor is not so satisfied, he shall prepare and endorse on or attach to the original licence or duplicate original licence or certified copy licence, as the case may be, registered in the office of the Mining Registrar a description of the land or a diagram thereof, or both, reasonably sufficient in his opinion to identify the land, together with a certificate that the description and diagram are reasonably sufficient to identify the land.
4: For the purposes of this section, the Chief Surveyor may, by notice in writing served on the licensee, call upon him to produce for inspection by the Chief Surveyor any plan, search notes, or other document in his possession or under his control evidencing or tending to evidence in any manner the description, boundaries, extent, or position of the land comprised in the licence.
5: Subject to the provisions of sections 10 22 Land Transfer Act 2017 Section 5(5) amended 12 November 2018 section 250 Land Transfer Act 2017
6: Power to compel production of licences, etc
1: Where on making an inquiry under section 3
a: the original licence is not filed in the office of the Mining Registrar and no duplicate original or certified copy of the licence is filed in that office; or
b: the original of any instrument referred to in paragraph (c) of subsection (1) of section 9
c: no sketch plan or diagram reasonably sufficient to identify the land is held in the office of the Mining Registrar,— the Mining Registrar may require any person having in his possession or under his control the original licence or instrument, as the case may be, or any duplicate original or certified copy of the licence or instrument, or any written or printed document evidencing or tending to evidence in any manner the licence or instrument, or any sketch plan or diagram or other document evidencing or tending to evidence in any manner the boundaries or extent or position of the land, to produce the same within a reasonable time to be fixed by a notice requiring that production and indicating the particular documents or kind of documents or plans or diagrams required, and to deposit the same in the office of the Mining Registrar for such time as may be necessary to enable the Mining Registrar to make copies thereof.
2: The Mining Registrar may make a copy of any such document or plan or diagram and certify it as being a true copy thereof.
3: The Mining Registrar may require any person of any of the classes hereinafter mentioned to give any information, explanation, or evidence, in writing upon oath or otherwise, concerning the licence or instrument, or to attend at the time specified in the notice at the office of the Mining Registrar nearest to the place where that person resides, and give to the Mining Registrar that information, explanation, or evidence orally upon oath or otherwise. The classes of persons referred to in this subsection are the following:
a: any person appearing from the register kept in the office of the Mining Registrar to be the owner of, or of any estate or interest in, the licence or claiming to be the owner of the licence or of any estate or interest therein:
b: any person being the solicitor or agent of, and acting on behalf of, any of the aforesaid persons.
4: If upon a requisition in writing made by the Mining Registrar for any purpose mentioned in the foregoing provisions of this section any person without reasonable cause refuses or neglects to comply with the requisition, he commits an offence, and is liable on $10 Section 6(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011
7: Provisions as to lost or destroyed licences
1: Where on making an inquiry under section 3
a: the licence is current; and
b: the original of the licence is not filed in the office of the Mining Registrar and no duplicate original or certified copy of the licence is filed in that office; and
c: the Mining Registrar is satisfied that by reason of the loss or destruction of the original licence and of all duplicate originals and certified copies of the licence a duplicate thereof cannot be issued under the provisions of subsection (2) of section 433 of the Mining Act 1926 the Mining Registrar shall serve notice on the person appearing to him to be the licensee requiring him within 3 months after service on him of the notice to apply to the Warden for the grant of a licence of the land comprised in the original licence, and advising him that if he fails to do so the licence will be cancelled at the expiration of that period.
2: Notwithstanding anything in section 6 of the Mining Amendment Act 1953 section 2 of the Mining Amendment Act 1961 provided that the term of every renewal to which the licensee is entitled under the new licence shall be the same as the term of every renewal to which the licensee under the original licence was entitled.
3: Subject to the provisions of subsection (2), if no such application is made within the said period of 3 months, the licence shall be deemed to be cancelled at the expiration of that period, and the Mining Registrar shall make an entry in his register that the licence has been cancelled under this subsection: provided that, if under subsection (2) the Warden extends the time within which an application may be made under that subsection, the licence shall thereupon be deemed to be revived.
4: If on any such application the Warden refuses to grant a new licence, the original licence shall thereupon be deemed to be cancelled. The Registrar of the Warden's Court shall notify the Mining Registrar of the refusal of the Warden to grant a new licence, and the Mining Registrar shall make an entry in his register that the licence has been cancelled under this subsection.
5: Where a licence in respect of which an application is made to the Warden under subsection (2) confers on the licensee a right of renewal and the licence expires before the making of an order under that subsection, the licence shall be deemed to continue in force until the expiration of the time for appealing against the decision of the Warden or, in the event of an appeal against that decision, until the appeal has been determined. Where as a result of the decision of the Warden or, as the case may be, the decision on appeal a new licence is to be granted to the applicant, that licence shall be for the same term as the renewal term provided in the expired licence and at the same rent and otherwise on the same conditions as the expired licence.
6: Every new licence granted under this section shall be deemed to be subject to all registered encumbrances, liens, and other interests to which the original licence was subject at the date of the granting of the new licence, and for the unexpired term of the original licence shall be entitled to the benefit of all interests to which the former licence was entitled at that date, and all such encumbrances, liens, and other interests shall be preserved in the order of their existing priority.
7: Notwithstanding anything in the Mining Act 1926 Minister of Energy
8: The provisions of this Act shall apply with respect to every licence issued under this section as if it were registered at the commencement of this Act, and, subject to the provisions of section 5 Schedule 1 Section 7(7) amended 1 April 1978 Ministry of Energy Act 1977
8: Appeal against Warden's decision
Any person aggrieved by a decision of the Warden under section 4 section 7 the High Court the Mining Act 1926 section 366 of that Act Section 8 amended 1 April 1980 section 12 Judicature Amendment Act 1979
9: Mining Registrar to forward licences, etc, to District Land Registrar
1: Where a certificate in the form in Schedule 1 section 3 Registrar-General of Land
a: the licence or, as the case may require, the duplicate original or certified copy thereof filed in the office of the Mining Registrar; and
b: the certificate in the form in Schedule 1
c: all original instruments, duplicate original instruments, or certified copies of instruments held in the office of the Mining Registrar pursuant to the Mining Act 1926 provided that, where any such document is also a grant of a mining privilege that is not a licence within the meaning of this Act or is also a disposition of or dealing with any such mining privilege, the Mining Registrar, instead of forwarding to the Registrar-General of Land
2: Where the Mining Registrar has, under the provisions of subsection (1), forwarded to the Registrar-General of Land
a: he shall give to the licensee written notice thereof and of the provisions of sections 15 16 section 18
b: he shall give written notice thereof to the Commissioner of Crown Lands and to every person having any estate or interest in the land comprised in the licence that is evidenced by the licence or by any memorial endorsed thereon. Section 9(1) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 9(2) amended 12 November 2018 section 250 Land Transfer Act 2017
10: Registration of licences under Land Transfer Act
1: Despite anything in the Land Transfer Act 2017 section 9
2: Every licence brought under the Land Transfer Act 2017 Land Transfer Act 2017 Land Transfer Act 2017
3: Where any licence has been brought under the Land Transfer Act 2017 Land Transfer Act 2017 provided that any instrument (being a dealing with or transmission of any such licence) that might have been registered in the office of the Mining Registrar under the provisions of the Mining Act 1926 Land Transfer Act 2017 Land Transfer Act 2017
4: If the Registrar-General of Land has created a record of title for a licence of land that is not properly defined by survey or cannot for any other reason be fully described, the Registrar-General may record in the record of title that the title is qualified as described in section 17(1)﻿(a)
5:
6: No person claiming any estate or interest in any licence by virtue of any instrument that might have been registered against that licence under the Mining Act 1926 Land Transfer Act 2017
7: Subject to the provisions of this Act, the provisions of the Land Transfer Act 2017 Section 10(1) replaced 12 November 2018 section 250 Land Transfer Act 2017 Section 10(2) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 10(3) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 10(4) replaced 12 November 2018 section 250 Land Transfer Act 2017 Section 10(5) repealed 12 November 2018 section 250 Land Transfer Act 2017 Section 10(6) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 10(7) amended 12 November 2018 section 250 Land Transfer Act 2017
11: New licences issued on subdivision of land in existing licence
Where after the commencement of this Act new licences are issued under the provisions of section 4 of the Mining Amendment Act 1941
a: in any case where at the time of the issue of the new licences the original licence had not been registered under the Land Transfer Act 2017
i: the provisions of this Act shall apply with respect to the new licences as if they had been registered in the office of the Mining Registrar at the commencement of this Act; and
ii: subject to the provisions of section 5 Schedule 1
b: in any case where at the time of the issue of the new licences the original licence had been registered under the Land Transfer Act 2017 Land Transfer Act 2017 section 4 of the Mining Amendment Act 1941 subsection (7) Registrar-General of Land Section 11(a) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 11(b) amended 12 November 2018 section 250 Land Transfer Act 2017
12: Renewal of licences
1: Notwithstanding anything in the Mining Act 1926 Land Transfer Act 2017
a: the licensee shall be entitled, on making application therefor in accordance with the provisions of section 176 of the Mining Act 1926 subsection (2) of section 4 subsection (2) of section 7
b: the licence may be renewed in accordance with the provisions of the Mining Act 1926
c: the consent of the Minister of Energy
2: On the registration with the Registrar-General of Land Section 12(1) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 12(1)﻿(c) amended 1 April 1978 Ministry of Energy Act 1977 Section 12(2) amended 12 November 2018 section 250 Land Transfer Act 2017
13: Director-General of Lands
1: Notwithstanding anything in the Mining Act 1926 Director-General of Lands Land Transfer Act 2017 the Mining Act 1926 the Mining Act 1926 Director-General of Lands
2: The provisions of section 15 Director-General of Lands Director-General subsection (1) Section 13 heading amended 1 April 1987 section 65(1) Conservation Act 1987 Section 13(1) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 13(1) amended 1 April 1987 section 65(1) Conservation Act 1987 Section 13(2) amended 1 April 1987 section 65(1) Conservation Act 1987 Section 13(2) amended 1 April 1987 section 65(1) Conservation Act 1987
14: Application of certain provisions of Mining Act 1926 and Land Act 1948 to licences registered under Land Transfer Act
1: Where any licence of unalienated Crown land (not being Maori ceded land) has been registered under the Land Transfer Act 2017
a: the provisions of the Mining Act 1926 Schedule 2
b: the provisions of the Land Act 1948 Schedule 3 the Land Act 1948
2: Where any licence of Maori land (including Maori ceded land) or private General land Land Transfer Act 2017 the Mining Act 1926 Schedule 4 Section 14(1) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 14(2) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 14(2) amended 10 October 1975 section 16(2) Maori Purposes Act 1975
15: Rent, etc, under licences to be paid to
Land Information New Zealand
1: Subject to the provisions of subsection (2) Land Transfer Act 2017 Land Information New Zealand a Crown Bank Account a Crown Bank Account provided that the provisions of the Mining Act 1926 the Mining Act 1926
2: Where any money paid to Land Information New Zealand
a: in the case of land other than Maori land, to the person lawfully entitled to the land from which the revenues accrue by virtue of the payment:
b: in the case of Maori land (including Maori ceded land) to the Māori Trustee section 45 of the Maori Trustee Act 1953
3: All amounts deducted under the provisions of this section in respect of expenses incidental to the collection of the money shall be paid into a Crown Bank Account a Crown Bank Account Section 15 heading amended 1 July 1996 Survey Amendment Act 1996 Section 15(1) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 15(1) amended 25 January 2005 section 83(7) Public Finance Act 1989 Section 15(1) amended 1 July 1996 Survey Amendment Act 1996 Section 15(2) amended 1 July 1996 Survey Amendment Act 1996 Section 15(2)﻿(b) amended 1 July 2009 section 30(1) Māori Trustee Amendment Act 2009 Section 15(3) amended 25 January 2005 section 83(7)
16: Notice to be given to Commissioner of Crown Lands of transfer of licence
Any licensee who transfers to any other person any licence that has been brought under the Land Transfer Act 2017 Registrar-General of Land Section 16 amended 12 November 2018 section 250 Land Transfer Act 2017
17: Payments to
territorial authorities
1: Where the Minister of Finance is satisfied that, because of the registration of any licences under the Land Transfer Act 2017 territorial authority section 447 of the Mining Act 1926 territorial authority a Crown Bank Account
2: Money paid to a territorial authority Section 17 heading amended 1 April 1980 section 8(3) Local Government Amendment Act 1979 Section 17(1) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 17(1) amended 25 January 2005 section 83(7) Section 17(1) amended 1 April 1980 section 8(3) Local Government Amendment Act 1979 Section 17(2) amended 1 April 1980 section 8(3) Local Government Amendment Act 1979
18: Licensees of Crown land may acquire fee simple
1: Subject to the provisions of sections 21 23 Land Transfer Act 2017 the Westland and Nelson Coal Fields Administration Act 1877
2: Subject to subsection (2A), the purchase price
a: where the licensee acquires the fee simple of the whole of the land comprised in the licence, an amount equal to 20 times the rent, licence fees, or other money payable annually under the licence; or
b: where the licensee acquires the fee simple of part only of the land comprised in the licence, or where no rent, licence fees, or other money are payable annually under the licence, such amount as the Director-General of Lands
2A: The purchase price of any land acquired by the Crown on or after the date of commencement of this subsection shall be as follows:
a: if the licensee gives notice under subsection (5) within 5 years after the Crown acquired the fee simple, the purchase price shall be an amount equal to the amount expended by the Crown in acquiring the fee simple, including—
i: such costs, charges, expenses, and other payments as the Director-General of Lands
ii: the value or purchase price, or an appropriate proportion thereof, of any land granted by the Crown by way of exchange or part exchange for the land acquired by the Crown and being purchased by the licensee:
b: if the licensee gives such notice on or after the expiry of that period of 5 years, the purchase price shall be the market value of the land, exclusive of improvements, on the date of such notice.
2B: The provisions of section 122
3: In fixing the purchase price of any land in any case where no rent, licence fees, or other money are payable annually under the licence, the Director-General of Lands
a: in the case of land used principally for residential, farming, agricultural, or horticultural purposes, fix a price not exceeding the price that would be payable if the land were held under a residence site licence granted when the first-mentioned licence was granted:
b: in the case of land used principally for any other purposes, fix a price not exceeding the price that would be payable if the land were held under a business site licence granted when the first-mentioned licence was granted.
4: Where under paragraph (b) of subsection (2) the Director-General of Lands Director-General the Land Valuation Tribunal Tribunal Director-General
5: The licensee may exercise the right of acquisition of the fee simple hereby conferred by giving notice to the Commissioner of Crown Lands that he desires to acquire the fee simple of the land.
6: The delivery of that notice shall constitute a contract between the licensee and the Crown for the purchase and sale of the land.
7: The licensee shall pay to the Commissioner of Crown Lands the purchase price, together with all rent, licence fees, and other money payable under the licence accrued to the date of receipt of that payment by the Commissioner and the fees payable under the Land Act 1948 record of title record of title
8: Where under this section the licensee acquires the fee simple of any unalienated Crown land comprised in a licence, then, as from the date of the issue of a record of title
9: The Te Aroha Crown Leases Act 1920 Section 18(1) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 18(2) amended 7 October 1983 Mining Tenures Registration Amendment Act 1983 Section 18(2)﻿(b) amended 1 April 1987 section 65(1) Conservation Act 1987 Section 18(2A) inserted 7 October 1983 Mining Tenures Registration Amendment Act 1983 Section 18(2A)﻿(a)﻿(i) amended 1 April 1987 section 65(1) Conservation Act 1987 Section 18(2B) inserted 7 October 1983 Mining Tenures Registration Amendment Act 1983 Section 18(3) amended 1 April 1987 section 65(1) Conservation Act 1987 Section 18(4) amended 1 April 1987 section 65(1) Conservation Act 1987 Section 18(4) amended 1 April 1987 section 65(1) Conservation Act 1987 Section 18(4) amended 23 December 1977 section 6(7A) Land Valuation Proceedings Amendment Act 1977 Section 18(7) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 18(8) amended 12 November 2018 section 250 Land Transfer Act 2017
19: Residence site used as a business site to be treated as a business site
1: Where the land comprised in any residence site licence registered under the Land Transfer Act 2017
2: Where any land comprised in a residence site licence is used principally for farming, agricultural, or horticultural purposes, the land shall be deemed for the purposes of this section not to be used as a business site. Section 19(1) amended 12 November 2018 section 250 Land Transfer Act 2017
20: Special provisions as to residence area grants
1: In this section the term residence area grant section 20 of the Mines Act 1877
2: Subject to the provisions of sections 21 23 the Westland and Nelson Coal Fields Administration Act 1877 Director-General of Lands
3: The provisions of subsections (4) to (8) of section 18
4: Where—
a: the proprietor of any residence area grant to which subsection (2) applies has not before 1 April 1968 exercised the right of acquisition of the fee simple of the land conferred by that subsection; or
b: the land comprised in any residence area grant is subject to the Westland and Nelson Coal Fields Administration Act 1877 then, notwithstanding anything to the contrary in the grant or in any other enactment, the grant shall be deemed to have expired on that date and, subject to the provisions of sections 21 24 Director-General of Lands Director-General of Lands provided that the rental value of the land for the purposes of the renewable lease and of each renewal thereof and the rent payable thereunder shall be fixed by the Director-General of Lands
5: In fixing for the purposes of this section the purchase price of any land comprised in a residence area grant or the rental value and rent for the purposes of a renewable lease of any such land, the Director-General of Lands
a: in the case of land used principally for residential, farming, agricultural, or horticultural purposes, fix a purchase price or rental value at an amount not exceeding the purchase price that would be payable under section 18
b: in the case of land used principally for any other purposes, fix a purchase price or rental value at an amount not exceeding the purchase price that would be payable under section 18
6: The Commissioner shall, as soon as possible after the commencement of this Act, cause notice of the provisions of subsections (2) to (4) and of section 18
7: Where before the commencement of this Act the proprietor for the time being of a residence area grant has (whether as of right or not) subdivided the land comprised in the grant and has transferred to any other person his interest in part of the land comprised in the grant, that person shall be deemed for the purposes of this section to be the proprietor of a residence area grant in respect of that part of the land as if such a grant had been duly made to him, and shall be entitled to exercise the powers conferred by subsections (2) and (4) in respect of that part accordingly.
8: Where the proprietor for the time being of a residence area grant, instead of taking out a miner's right in any year, has paid to the Mining Registrar an amount by way of rent for that year in respect of the grant equal to the amount that would have been payable in respect of a miner's right and has continued those payments up to the date of the commencement of this Act, he shall be deemed to have complied with the conditions of the grant requiring him to be the holder of a miner's right throughout the term of the grant, and the grant shall be deemed to continue in force at the date of the commencement of this Act accordingly. Section 20(2) amended 1 April 1987 section 65(1) Conservation Act 1987 Section 20(4) amended 1 April 1987 section 65(1) Conservation Act 1987 Section 20(4) proviso amended 1 April 1987 section 65(1) Conservation Act 1987 Section 20(5) amended 1 April 1987 section 65(1) Conservation Act 1987
21: Fee simple may not be acquired in certain cases
Where—
a: the land comprised in any licence or residence area grant, or any part of that land, forms part of a road or street or public reserve; or
b: the land comprised in any licence or residence area grant, or any part of that land, was land that was reserved from alienation by section 58 the licensee or proprietor of the residence area grant shall not be entitled under this Act to acquire the fee simple of the land or of that part, as the case may be, and, in the case of land comprised in a residence area grant, any renewable lease granted under subsection (4) of section 20
22: Issue of
record of title
1: Where under the provisions of this Act the licensee under any licence of unalienated Crown land or the proprietor of a residence area grant acquires the fee simple, or the proprietor of a residence area grant acquires a renewable lease, of the whole or part of the land comprised in the licence or grant, and the land is not properly defined by survey or cannot for any other reason be fully described, then—
a: if the fee simple is so acquired, the Registrar-General of Land may issue to the licensee or to the proprietor of the grant, as the case may be, a record of title for the land that is qualified as described in section 17(1)﻿(a)
b: if a renewable lease is so acquired, the Registrar-General of Land may accept the lease for registration but must issue a record of title for the lease that is qualified as described in section 17(1)﻿(a)
2: Section 19
3: Section 201 Section 22 heading amended 12 November 2018 section 250 Land Transfer Act 2017 Section 22(1)﻿(a) replaced 12 November 2018 section 250 Land Transfer Act 2017 Section 22(1)﻿(b) replaced 12 November 2018 section 250 Land Transfer Act 2017 Section 22(2) replaced 12 November 2018 section 250 Land Transfer Act 2017 Section 22(3) inserted 12 November 2018 section 250 Land Transfer Act 2017
23: Provisions of Land Act 1948 as to land on seashore, lakes, and rivers, and as to minerals reserved from sale, to apply to dispositions under this Act
Where under the provisions of this Act the licensee under any licence of unalienated Crown land or the proprietor of a residence area grant acquires the fee simple, or the proprietor of a residence area grant acquires a renewable lease, of the whole or part of the land comprised in his licence or grant, the provisions of sections 58 59
24: Acquisition of fee simple or renewable lease of land having no frontage to an existing road or street
Where under the provisions of this Act the licensee under any licence of unalienated Crown land, or the proprietor of a residence area grant applies for the fee simple of the whole or part of the land comprised in the licence or grant or the proprietor of a residence area grant applies to the Commissioner for a renewable lease of the whole or part of that land, and the land does not have a frontage to an existing road or street or private street,—
a: nothing in this Act or in the Land Act 1948 or in section 124 of the Public Works Act 1928 Director-General of Lands
b: in the case of an application for a renewable lease by the proprietor of a residence area grant, the provisions of subsection (2) of section 67 section 6 the Land Act 1948 Section 24(a) amended 1 April 1987 section 65(1) Conservation Act 1987
25: Registrar-General of Land record of title Where the Registrar-General of Land record of title Land Transfer Act 2017 Land Transfer Act 2017 record of title provided that the failure to enter such a memorial shall not affect the validity of the licence. Section 25 heading amended 12 November 2018 section 250 Land Transfer Act 2017 Section 25 amended 12 November 2018 section 250 Land Transfer Act 2017
26: Service of notices
Any notice required by this Act to be given to or served on any person may be given or served by delivering it to him personally or by sending it to him by registered post addressed to him at his last known place of abode or business in New Zealand, and in the last-mentioned case the production of a receipt given to an officer of the Post Office, and purporting to be signed by the person to whom it is addressed, shall be sufficient proof of the service.
27: Regulations
1: The Governor-General may from time to time, by Order in Council, make all such regulations as may be necessary for giving full effect to the provisions of this Act and for the due administration thereof.
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 27(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021