Conservation Act 1987

Marginal strips

24J: Resumption of marginal strips by Crown

You could also call this:

"The government can take back a marginal strip of land and pay you for improvements you made to it."

The Minister can take back control of a marginal strip after giving the manager 90 days' written notice. You will get notice so you know what is happening. The Minister can give more notice if they have an agreement with the manager.

If the Crown takes back a marginal strip, you will get paid for any improvements you made to the strip. You will also get paid for your administration costs. The Crown will pay you for these things.

You will only get paid for improvements if the Minister agreed to them first, as stated in section 24H(11). This means you need to get permission before making any changes. You must follow the rules.

If you and the Crown cannot agree on how much you should be paid, the issue will be sorted out through arbitration, according to the Arbitration Act 1996. This means a neutral person will make a decision. You and the Crown will each choose an arbitrator.

You and the Crown can agree on the payment at any time, even after arbitration has started. If you agree, the arbitration decision will be cancelled. This means you can still come to an agreement even if you have already gone to arbitration.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM104944.


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"Rules about easements are no longer part of the Conservation Act 1987 law."


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24K: Provisions applying in relation to land vested under New Zealand Railways Corporation Restructuring Act 1990, or

"Rules for land near railway lines that was once owned by the government"

Part 4AMarginal strips

24JResumption of marginal strips by Crown

  1. 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.

  2. 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—

  3. compensation for any improvements made to the strip by the manager; and
    1. the manager's reasonable administration costs associated with the Crown's resumption of the strip.
      1. 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).

      2. 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.

      3. 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.

      4. 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).