Conservation Act 1987

Marginal strips

24AA: Power to increase width of marginal strip

You could also call this:

"The government can make a special area of land along a river or lake wider to help keep it valuable and accessible."

When the government wants to sell some land, they have to follow some rules. You need to know that the government must wait 20 working days before selling the land. During this time, the Director-General will decide if they want to investigate the sale.

If the Director-General wants to investigate, they will tell the department in charge of the land. You will then have to wait another 20 working days. The Minister will decide if a special area of land, called a marginal strip, should be wider than 20 metres.

The Minister will think about whether a wider marginal strip is necessary to provide access and to keep the land valuable. This is according to the purposes specified in section 24C. The Minister's decision will be based on these things.

If the government sells some land and a small piece of land is left over, it can be added to the marginal strip. This can happen if the small piece of land is not very useful on its own. The department in charge of the land and the Minister must agree to this.

If someone is renting or using the land under the Land Act 1948, they might get a reduction in rent or fees. This can happen if the reservation of a marginal strip wider than 20 metres affects them. The Minister responsible for the land will decide the amount of the reduction.

The costs of investigating and assessing the width of a marginal strip will be paid by the Director-General. The Minister can require a marginal strip to be wider than 20 metres if they think it is necessary. You should be aware that the Minister's decision is important in this process.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on 24 May 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM104914.

Topics:

Environment and resources > ConservationGovernment and voting > Government departmentsHousing and property > Land use

24A: Power to reduce width of marginal strip, or

"The Minister can make a marginal strip smaller if it's at least 3 metres wide and won't hurt its purpose."

24B: Power to declare certain dispositions to be exempt from section 24, or

"The Minister can choose to exempt some land deals from certain rules, for example, for land used to generate electricity or next to wide rivers and streams."

Part 4AMarginal strips

24AAPower to increase width of marginal strip

Where the Crown proposes to sell or otherwise dispose of any land, the proposal shall be subject to the succeeding provisions of this section.
During the period of 20 working days commencing on the day after the date of the receipt of a notification under section 24(2A) in respect of the proposal,—
the sale or other disposition shall not proceed; and
the Director-General shall notify the responsible department or agency whether or not he or she intends to investigate the proposal to ascertain whether or not it is appropriate to increase the width of any marginal strip that would be reserved from the sale or other disposition.

If the Director-General fails to notify the responsible department or agency in accordance with subsection (2)(b), the department or agency may proceed with the sale or other disposition after the expiration of the period specified in that subsection and section 24 shall apply accordingly.
If the Director-General notifies the responsible department or agency in accordance with subsection (2)(b) that he or she intends to investigate the proposal,—
the prohibition contained in subsection (2)(a) shall be deemed to be extended by a further 20 working days; and
during that further period of 20 working days, the Minister shall advise the responsible department or agency whether or not he or she requires the reservation of a marginal strip having a width exceeding 20 metres, and, where the Minister requires the reservation of such a marginal strip, he or she shall also specify the width of the marginal strip to be reserved.

In considering whether to require the reservation of any marginal strip having a width exceeding 20 metres, the Minister shall have regard to whether increasing the width of the marginal strip is necessary—
to provide effective access along the strip; and
to maintain the value of the strip in terms of the purposes specified in section 24C.

Where the reservation of any marginal strip under section 24(1) creates a residual area of land that is of such size or shape that it has little or no potential use either alone or in conjunction with the remainder of the land being sold or disposed of, that residual area of land may be added to the marginal strip by agreement between the responsible department or agency, and the Minister.
Where the disposition takes the form of the renewal of a lease or licence under the Land Act 1948 that is referred to in section 24(7), the lessee or licensee is entitled to a reduction in rent or fees or royalties for any injurious affection to the lessee or licensee caused by any reservation of a marginal strip having a width exceeding 20 metres.
Any reduction in rent or fees or royalties payable under this section shall be assessed by the Minister responsible for the administration of the land.
A lessee or licensee shall not be entitled to a reduction in rent or fees or royalties by reason only of any increase in the width of any marginal strip.
The costs of and incidental to the investigation and assessment of increasing the width of any marginal strip shall be paid by the Director-General.
The Minister may require that the whole or any part of a marginal strip be of a width exceeding 20 metres.

Notes

Section 24AA: inserted, on 13 March 1996, by section 11 of the Conservation Amendment Act 1996 (1996 No 1).