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Reserves Act 1977

Miscellaneous provisions - General provisions

113: Form of leases and licences of reserves

You could also call this:

"What a lease or licence for a reserve must look like"

Illustration for Reserves Act 1977

When you get a lease or licence for a reserve, it must be in a certain form. The Minister or the administering body decides what this form is, and you have to pay a fee for preparing the lease or licence. You also have to pay for registering the lease if this is required. You can find more information about this in section 59A. The lease or licence will have conditions that you must follow, and these conditions must be consistent with the Reserves Act 1977.

If you do not sign your lease or licence within one month of being asked to, the administering body may cancel your right to the lease or licence. In this case, you will lose the money you paid for the lease or licence, unless the administering body decides otherwise.

There are some exceptions to these rules, especially for leases over government purpose reserves for railway purposes. In these cases, the New Zealand Railways Corporation Act 1981 applies instead.

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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=DLM445046.

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114: Variation of covenants, terms, and conditions in leases and licences, or

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Part 5Miscellaneous provisions
General provisions

113Form of leases and licences of reserves

  1. Subject to section 59A, every lease granted over any reserve vested in the Crown shall be in such form and subject to such covenants and conditions, not inconsistent with this Act, as the Minister determines, and the lessee shall pay such fee for the preparation of the lease, and for the registration thereof where registration is required, as the Minister prescribes.

  2. Every licence granted by the administering body shall be in such form and subject to such conditions, not inconsistent with this Act, as the administering body determines, and the licensee shall pay such fee for the preparation of the licence as the administering body prescribes.

  3. Every lease or licence granted over any other reserve shall be in such form and subject to such covenants and conditions, not inconsistent with this Act, as the administering body determines, and the lessee or licensee shall pay such fee for the preparation of the lease or licence as the administering body prescribes.

  4. Any lease or licence may be varied to suit the circumstances of any particular case which may arise.

  5. If any person who has been granted a lease or licence fails to sign his or her lease or licence within 1 month after being required by written notice so to do, the administering body may declare the right of that person to obtain a lease or licence to be cancelled, and thereupon the amount paid in terms of the grant and the sum paid for the preparation and registration of the lease or licence shall, unless the administering body otherwise determines, be deemed to be forfeited.

  6. Nothing in the foregoing provisions of this section shall apply with respect to any lease over any government purpose reserve for railway purposes, and the appropriate provisions of the New Zealand Railways Corporation Act 1981 shall apply with respect to such leases.

Compare
  • 1953 No 69 s 30
Notes
  • Section 113(1): amended, on , by section 16(1) of the Reserves Amendment Act 1996 (1996 No 3).
  • Section 113(2): replaced, on , by section 16(2) of the Reserves Amendment Act 1996 (1996 No 3).
  • Section 113(5): amended, on , by section 16(3)(a) of the Reserves Amendment Act 1996 (1996 No 3).
  • Section 113(5): amended, on , by section 16(3)(b) of the Reserves Amendment Act 1996 (1996 No 3).
  • Section 113(6): amended, on , pursuant to section 120(1) of the New Zealand Railways Corporation Act 1981 (1981 No 119).