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Conservation Act 1987

Transitional, consequential amendments, and savings

64: Existing leases, licences, etc

You could also call this:

"What happens to existing leases and licences when a conservation area is created"

When a conservation area is created, you need to know about existing leases, licences, and permits. An existing incumbrance is a lease, licence, permit, or tenancy granted under the Land Act 1948. If a conservation area was subject to an existing incumbrance before it became a conservation area, it will still be subject to that incumbrance.

Some rules from the Land Act 1948 will apply to the incumbrance. These rules are about things like leases and licences, and how they are managed. You can find these rules in sections like 18, 50, and 56 of the Land Act 1948.

If you have a lease or licence for land, you might have the right to buy the land. You can exercise this right during the term of your lease or licence. Exercising this right does not count as a disposition under section 16 or Part 4A.

If you buy the land, the Registrar-General of Land or the Chief Surveyor will remove certain records from the land's record of title. They will do this without charging a fee. They will also remove any references to marginal strips that were reserved for the land.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM106983.

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Part 8Transitional, consequential amendments, and savings

64Existing leases, licences, etc

  1. In this section, existing incumbrance means a lease, licence, permit, or tenancy, granted or issued under the Land Act 1948 or any former Land Act within the meaning of that Act.

  2. Where a conservation area was subject to an existing incumbrance immediately before becoming a conservation area,—

  3. it shall be subject to the incumbrance on becoming a conservation area; and
    1. the provisions of the Land Act 1948 specified in subsection (3) shall apply to the incumbrance, its application to the area, and every present or former lessee, licensee, permittee, and tenant, as if every reference in those provisions to the Commissioner of Crown Lands, the Land Settlement Board, the Board, or the Department, is a reference to the Director-General.

      1. The provisions concerned are sections 18, 50, 50A to 50F, 56, 60, 60A, 60B, 65, 67(1), 67(2), 67(4), 68 to 69, 81 to 105, 111 to 115, 121 to 126, 127, 131 to 151, 153 to 158, 160, 164A, 164B, 170 to 171, 174, and 183.

      2. Where, at the commencement of this subsection, any person has under a lease or licence of any land of the Crown a right to acquire the freehold title for that land, the following provisions shall apply:

      3. that person may, subject to the provisions of the lease or licence under which the right is conferred, exercise that right at any time during the currency of the lease or licence:
        1. the exercise of that right shall not constitute a disposition for the purposes of section 16 or Part 4A.

          1. Where a lessee or licensee of any land vested in Landcorp Farming Limited, being land that was acquired from the Crown, exercises under that person's lease or licence a right to acquire the freehold title for that land, the exercise of that right shall not constitute a disposition for the purposes of section 16 or Part 4A.

          2. Where the freehold title of any land referred to in subsection (4A) is transferred to the lessee or licensee of the land pursuant to the exercise of a right to acquire that title, the Registrar-General of Land or the Chief Surveyor shall, without fee,—

          3. remove from the record of title, or proper plans and records, of the land any record or notation made in accordance with subsection (1) or subsection (2) of section 24D; and
            1. remove from any such proper plans any reference to the marginal strip formerly reserved in respect of the land.

              Notes
              • Section 64(4): substituted, on , by section 33 of the Conservation Law Reform Act 1990 (1990 No 31).
              • Section 64(4)(b): amended, on , by section 45(1)(a) of the Conservation Amendment Act 1996 (1996 No 1).
              • Section 64(4A): inserted, on , by section 33 of the Conservation Law Reform Act 1990 (1990 No 31).
              • Section 64(4A): amended, on , by clause 4 of the State-Owned Enterprises (Landcorp Farming Limited) Order 2001 (SR 2001/23).
              • Section 64(4A): amended, on , by section 45(1)(a) of the Conservation Amendment Act 1996 (1996 No 1).
              • Section 64(4A): amended, on , by section 45(1)(b) of the Conservation Amendment Act 1996 (1996 No 1).
              • Section 64(5): added, on , by section 45(2) of the Conservation Amendment Act 1996 (1996 No 1).
              • Section 64(5): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
              • Section 64(5)(a): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).