Part 4AMarginal strips
24JResumption of marginal strips by Crown
On giving 90 days' notice in writing to the manager of a marginal strip or such longer period not exceeding 6 months as may be provided for in any agreement between the manager and the Crown, the Minister, on behalf of the Crown, may resume the management of the strip.
Subject to subsection (3), where the Crown resumes the management of a marginal strip, it shall be liable to pay to the manager of the strip—
- compensation for any improvements made to the strip by the manager; and
- the manager's reasonable administration costs associated with the Crown's resumption of the strip.
A manager shall have no right to be compensated for improvements made to or erected on the marginal strip without the prior consent of the Minister as required by section 24H(11).
If there is any dispute or difference between the manager of any marginal strip and the Crown as to any amount the Crown is liable to pay under subsection (2), the amount shall be fixed by arbitration in accordance with the Arbitration Act 1996.
For the purposes of any such arbitration, this section shall be deemed to be a submission to arbitration within the meaning of the Arbitration Act 1996, and the reference shall be deemed to be to 2 arbitrators, one to be appointed by the Minister, and the other by the manager.
Notwithstanding subsection (4), the parties may agree on the amount to be paid under subsection (2), either before or after the matter is submitted to arbitration, and, if the agreement is made after the date of any award of arbitration, the award shall be deemed to be cancelled.
Notes
- Section 24J: inserted, on , by section 15 of the Conservation Law Reform Act 1990 (1990 No 31).
- Section 24J(4): amended, on , pursuant to section 18 of the Arbitration Act 1996 (1996 No 99).
- Section 24J(5): amended, on , pursuant to section 18 of the Arbitration Act 1996 (1996 No 99).