In this Act, unless the context otherwise requires,—
Alienation includes a limited disposal by lease or licence, as well as an absolute disposal by sale or otherwise; and to alienate has a corresponding meaning
Chief Surveyor means a Chief Surveyor within the meaning of the Survey Act 1986
Chief Surveyor: this definition was substituted, as from 14 October 1981, by section 2(2) Land Amendment Act 1981 (1981 No 44).
Chief Surveyor: this definition was substituted, as from 1 April 1987, by section 81(1) Survey Act 1986 (1986 No 123).
Commissioner means the Commissioner of Crown Lands appointed under section 24AA
Commissioner: this definition was substituted, as from 14 October 1981, by section 2(2) Land Amendment Act 1981 (1981 No 44).
Commissioner: this definition was substituted, as from 1 February 1990, by section 6 Survey Amendment Act (No 3) 1989 (1989 No 139).
Commissioner: this definition was amended, as from 1 June 2002, by section 68(1) Cadastral Survey Act 2002 (2002 No 12), by substituting the expression “24AA” for the words “12A(1) of the Survey Act 1986”.
Crown land means land vested in Her Majesty which is not for the time being set aside for any public purpose or held by any person in fee simple; and includes,—
(a)
Land of the Crown which immediately before the commencement of this Act was subject to any of the enactments repealed by this Act;
(b)
Land described in Schedule 2 to the Thermal Springs Districts Act 1910 and declared to be Crown land by section 10 of that Act;
(bb)
Land acquired by the Crown under section 85 of the Maori Reserved Land Act 1955, or the corresponding provisions of any former Maori Townships Act; :
(c)
Land which has become the property of the Crown under section 91 of the Public Trust Office Act 1957 or section 108 of the Public Trust Act 2001;
(d)
Land which has become the property of the Crown as bona vacantia, or land which has become the property of the Crown under section 324 of the Companies Act 1993;
(e)
Land purchased for general settlement by the Maori Land Board under the Maori Affairs Act 1953; and
(f)
Land (other than a road) which has become the property of the Crown under Part 10 of the Resource Management Act 1991,—
but does not include any Maori land or any land held by Her Majesty in trust under any other Act or any land held, taken, purchased, acquired, or set apart by Her Majesty under any other Act, unless that Act declares that the land so held, taken, purchased, acquired, or set apart is Crown land subject to this Act or to any former Land Act
Crown land: paragraph (bb) of this definition was inserted by section 2(1) Land Amendment Act 1950. In that paragraph, the reference to section 85 of the Maori Reserved Land Act 1955 has been substituted for sections 19 and 20 of the repealed Maori Townships Act 1910.
Crown land: the reference in paragraph (c) to section “91 of the Public Trust Office Act 1957” has been substituted for section 76 of the repealed Public Trust Office Act 1908.
Crown Land: paragraph (c) of this definition was amended, as from 1 March 2002, by section 170(1) Public Trust Act 2001 (2001 No 100) by adding the words “or section 108 of the Public Trust Act 2001”. See clause 2 Public Trust Act Commencement Order 2002 (SR 2002/11).
Crown land: paragraph (d) of this definition was amended, as from 1 July 1994, by section 2 Company Law Reform (Transitional Provisions) Act 1994 (1994 No 16) by inserting the words “, or land which has become the property of the Crown under section 324 of the Companies Act 1993”.
Crown land, paragraph (e) the reference to the Maori Land Board was substituted for a reference to the Board of Maori Affairs by section 11(2) Maori Affairs Amendment Act 1974, and “the Maori Affairs Act 1953” has been substituted for the repealed “Maori Land Act 1931”.
Crown land: paragraph (f) of this definition was amended by section 3(5) Local Government Amendment Act 1978.
Crown land: paragraph (f) of this definition was amended by section 362 Resource Management Act 1991 1991 No 69.
Cultivation includes drainage, the felling of bush, or the clearing of land for cropping, or the clearing and ploughing of land for, and the laying down of the same for or with, grasses
Deferred payment licence means a licence to occupy Crown land pending the completion of the payment of the purchase price thereof on a system of deferred payments
department means the department of State that, with the authority of the Prime Minister, is for the time being responsible for the administration of this Act
Department: the words “Department of Lands” were substituted, as from 1 April 1987, for the words “Department of Lands and Survey” pursuant to 3A of this Act, section 3 Survey Act 1986 (1986 No 123) and the State-Owned Enterprises (Department of Lands) Order 1987 (SR 1987/386).
Department: this definition was substituted, as from 1 February 1990, by section 6 Survey Amendment Act (No 3) 1989 (1989 No 139).
Department: this definition was substituted, as from 1 July 1996, by section 5 Survey Amendment Act 1996 (1996 No 55).
Department: this definition was substituted, as from 1 June 2002, by section 68(1) Cadastral Survey Act 2002 (2002 No 12).
Department of State means an incorporated Department or instrument of the executive Government of New Zealand
Deputy, in relation to any officer of the Department, means an officer of the Department for the time being exercising or performing any power, function, or duty of that first-mentioned officer
Deputy and Deputy Director-General: this definition was inserted, as from 14 October 1981, by section 2(2) Land Amendment Act 1981 (1981 No 44).
Deputy Director-General: this definition was repealed, as from 1 February 1990, by section 6 Survey Amendment Act (No 3) 1989 (1989 No 139).
Director-General means the Commissioner
Director-General: this definition was substituted, as from 14 October 1981, by section 2(2) Land Amendment Act 1981 (1981 No 44).
Director-General: this definition was substituted, as from 1 February 1990, by section 6 Survey Amendment Act (No 3) 1989 (1989 No 139).
Discharged serviceman has the same meaning as in Part 1 of the Rehabilitation Act 1941
District means a land district as constituted under this Act
Forfeiture or forfeited means forfeiture or forfeited to Her Majesty
Former Land Act means any enactment repealed by this Act, and any other Act repealed before this Act and relating to the disposal of Crown land
Improvements means substantial improvements of a permanent character, and includes reclamation from swamps; clearing of bush, gorse, broom, sweetbrier, or scrub; cultivation; planting with trees or live hedges; the laying out and cultivating of gardens; fencing (including rabbitproof fencing); draining; roading; bridging; sinking wells or bores, or constructing water tanks, water supplies, water races, irrigation works, head races, border dykes, or sheep dips; making embankments or protective works of any kind; in any way improving the character or fertility of the soil; the erection of any building; and the installation of any telephone or of any electric lighting or electric power plant
Land Settlement Board or Board means the Commissioner
Land Settlement Board or Board: this definition was substituted, as from 1 February 1990, by section 6 Survey Amendment Act (No 3) 1989 (1989 No 139).
Land Valuation Court
[Repealed]
Land Valuation Court: this definition was repealed, as from 1 April 1969, by section 15 Land Valuation Proceedings Amendment Act 1968 (1968 No 42).
Land Valuation Tribunal or Tribunal means a Land Valuation Tribunal established under the Land Valuation Proceedings Act 1948; and the Land Valuation Tribunal, or the Tribunal, when used in relation to any land, means the particular Land Valuation Tribunal to which any application or appeal or other matter arising under this Act and relating to that land has been made or referred
Land Valuation Tribunal: this definition was inserted by section 6(3) Land Valuation Proceedings Amendment Act 1977.
Lease means a lease granted under this Act, or under any former Land Act; and lessee has a corresponding meaning
Licence means a licence granted under this Act, or under any former Land Act; and includes a deferred payment licence; and licensee has a corresponding meaning
local authority means a local authority within the meaning of the Local Government Act 2002.
Local authority: this definition was substituted, as from 1 April 1980, by section 8(3) Local Government Amendment Act 1979 (1979 No 59).
Local authority: this definition was substituted, as from 1 July 2003, by section 262 Local Government Act 2002 (2002 No 84). See sections 273 to 314 of that Act as to the savings and transitional provisions.
Maori and Maori land have the same meanings respectively as in Te Ture Whenua Maori Act 1993
Maori and Maori land: “Te Ture Whenua Maori Act 1993” has been substituted for the repealed “Maori Affairs Act 1953”, which was itself substituted for the repealed Maori Land Act 1931.
Minerals
[Repealed]
Minerals: this definition was amended, as from 25 October 1950, by section 9(2) Coal Mines Amendment Act 1950 (1950 No 37) by substituting the words “Coal Mines Act 1925” for the words “Coal Act 1948”.
Minerals: this definition was amended, as from 5 December 1951, by section 2(1)(a) Land Amendment Act 1951 (1951 No 60) by inserting the word “coal”.
Minerals: this definition was amended, as from 5 December 1951, by section 2(1)(b) Land Amendment Act 1951 (1951 No 60) by omitting the words “or coal within the meaning of the Coal Mines Act 1925”.
Minerals: this definition was amended, as from 26 November 1953, by section 9(2)(a) Land Amendment Act 1953 (1953 No 67) by inserting the words “kauri gum”.
Minerals: this definition was amended, as from 26 November 1953, by section 9(2)(b) Land Amendment Act 1953 (1953 No 67) by omitting the words “kauri gum, or” after the word “include”.
Minerals: this definition was repealed, as from 1 April 1973, by section 49(3) Coal Mines Amendment Act 1972 (1972 No 8).
Minister means the Minister of Lands
Pastoral land means Crown land that is for the time being so classified by the Board under section 51 of this Act
Pastoral land: this definition was inserted by section 5(1) Land Amendment Act 1979.
Pastoral lease means a lease of pastoral land, granted under section 66 of this Act
Pastoral lease: this definition was inserted by section 5(1) Land Amendment Act 1979.
Pastoral occupation licence
[Repealed]
Pastoral occupation licence: this definition was inserted by section 5(1) Land Amendment Act 1979.
Pastoral occupation licence: this definition was repealed, as from 23 June 1998, by section 102 Crown Pastoral Land Act 1998 (1998 No 65).
Principal Land Office means the office appointed as such by the Governor-General in respect of any land district
Private land means any land which is for the time being held in fee simple by any person other than Her Majesty
Renewable lease means a renewable lease as defined in section 63 of this Act or in the corresponding provisions of any former Land Act
Rental value means the value of Crown land on which the yearly rent payable under a renewable lease is calculated in accordance with this Act
Residence, in relation to a lease or licence of any Crown land, means the home of the lessee or licensee, or, with the consent of the Board, the home of the family of the lessee or licensee, being in every case a habitable house; and to reside has a corresponding meaning
Serviceman has the same meaning as in Part 1 of the Rehabilitation Act 1941
Surveyor means licensed cadastral surveyor within the meaning of the Cadastral Survey Act 2002:
Surveyor: this definition was substituted, as from 2 September 1966, by section 42(3) Surveyors Act 1966 (1966 No 15).
Surveyor: this definition was amended, as from 1 June 2002, by section 68(1) Cadastral Survey Act 2002 (2002 No 12), by substituting the words “licensed cadastral surveyor within the meaning of the Cadastral Survey Act 2002” for the words “registered surveyor within the meaning of the Survey Act 1986”.
The reference to the “Survey Act 1986” was substituted, as from 1 April 1987, for the repealed “Surveyors Act 1966”.
Surveyor-General means the Surveyor-General appointed in accordance with section 7 of the Survey Act 1986; and includes the Deputy Surveyor-General
Surveyor-General: this definition was substituted, as from 14 October 1981, by section 2(2) Land Amendment Act 1981 (1981 No 44).
Surveyor-General: this definition was substituted, as from 1 April 1987, by section 81(1) Survey Act 1986 (1986 No 123).
Value of improvements means the added value which at the time of valuation those improvements give to the land.
Compare: 1924 No 31 s 2; 1925 No 15 s 2; 1935 No 9 s 2
Sections 3 and 3A were repealed, as from 1 February 1990, by section 8(a) Survey Amendment Act (No 3) 1989 (1989 No 139).
3A
Department of Lands
[Repealed]
Section 3A was inserted, as from 1 April 1987 by section 32(2)(a) and (7) State-Owned Enterprises Act 1986 (1986 No 124).
Sections 3 and 3A were repealed, as from 1 February 1990, by section 8(a) Survey Amendment Act (No 3) 1989 (1989 No 139).
4-
Department of Lands and Survey
[Repealed]
Subsection (2)(c) of the original section 4 was repealed, as from 14 October 1981, by section 2(3) Land Amendment Act 1981 (1981 No 44).
Subsection (2)(d) of the original section 4 was amended, as from 21 November 1977, by section 2(2) Land Amendment Act 1977 (1977 No 51) by substituting the word “Deputy” for the word “Assistant”.
Subsection (2)(d) of the original section 4 was substituted, as from 14 October 1981, by section 2(3) Land Amendment Act 1981 (1981 No 44).
Sections 4 to 11 were repealed, as from 1 April 1987, by section 32(1) State-Owned Enterprises Act 1986 (1986 No 124).
5-
Director-General of Lands
[Repealed]
Sections 5 to 11 were substituted, as from 14 October 1981, by section 2(1) Land Amendment Act 1981 (1981 No 44).
Sections 4 to 11 were repealed, as from 1 April 1987, by section 32(1) State-Owned Enterprises Act 1986 (1986 No 124).
6-
Appointment of Surveyor-General
[Repealed]
Subsection (2) of the original section 6 was inserted, as from 19 October 1965, by section 2 Land Amendment Act 1965 (1965 No 48).
Sections 5 to 11 were substituted, as from 14 October 1981, by section 2(1) Land Amendment Act 1981 (1981 No 44).
Sections 4 to 11 were repealed, as from 1 April 1987, by section 32(1) State-Owned Enterprises Act 1986 (1986 No 124).
Subsection (1) of the original section 11 was amended, as from 21 November 1977, by section 2(3) Land Amendment Act 1977 (1977 No 51) by substituting the words “Deputy Director-General, or of the Surveyor-General” for the words “Surveyor-General, or of the Assistant Director-General”.
Sections 5 to 11 were substituted, as from 14 October 1981, by section 2(1) Land Amendment Act 1981 (1981 No 44).
Sections 4 to 11 were repealed, as from 1 April 1987, by section 32(1) State-Owned Enterprises Act 1986 (1986 No 124).
11A
Delegation of powers by Minister
(1)
Subject to the provisions of any other Act relating to the delegation of the Minister's powers under that Act, the Minister may from time to time, by writing under his hand, either generally or particularly, delegate to any officer or officers of the Department all or any of the powers exercisable by him as Minister under any enactment including powers delegated to him under any enactment, but not including the power to delegate under this section.
(2)
Subject to any general or special directions given or conditions attached by the Minister, an officer to whom any powers are delegated under this section may exercise those powers in the same manner and with the same effect as if they had been conferred on him directly by this section and not by delegation.
(3)
Until a delegation made under this section is revoked, it shall continue in force according to its tenor; and, in the event of the Minister by whom any such delegation has been made ceasing to hold office, the delegation shall continue to have effect as if made by the person for the time being holding office as Minister.
(4)
In the event of an officer to whom a delegation under this section has been made ceasing to hold the office that he held when the delegation was made, the delegation shall continue to have effect as if made to the person for the time being holding that office or, if there is no person holding that office, to the person (if any) for the time being authorised to exercise the powers of the holder of that office.
(5)
The fact that an officer of the Department exercises any power of the Minister shall, in the absence of proof to the contrary, be sufficient evidence that he has been authorised to do so by a delegation under this section.
(6)
Every delegation made under this section shall be revocable at will, and no such delegation shall prevent the exercise of any power by the Minister.
This section was inserted, as from 21 November 1977, by section 3 Land Amendment Act 1977 (1977 No 51).
Land settlement board
12-
[Repealed]
Sections 12 to 15 were repealed by section 32(1) State-Owned Enterprises Act 1986.
13-
[Repealed]
Sections 12 to 15 were repealed by section 32(1) State-Owned Enterprises Act 1986.
14-
[Repealed]
Sections 12 to 15 were repealed by section 32(1) State-Owned Enterprises Act 1986.
15-
[Repealed]
Sections 12 to 15 were repealed by section 32(1) State-Owned Enterprises Act 1986.
15A
[Repealed]
Section 15A was inserted by section 2 Land Amendment Act 1963, and repealed by section 3(5) Rural Banking and Finance Corporation Amendment Act 1982.
16-
[Repealed]
Section 16 was repealed by section 32(1) State-Owned Enterprises Act 1986.
Any person aggrieved by any decision of the Board or any determination of an administrative nature by the Board may, within 21 days after being notified of that decision or determination, apply to the Board for a rehearing, and the Board may, at any time within one month after receiving the application, grant a rehearing of the case if it thinks that justice requires it, and on the rehearing may reverse, alter, modify, or confirm the previous decision or determination in the same case:
Provided that the Board shall not grant a rehearing where the decision or determination relates to the allotment of land to any person other than the person aggrieved unless that land has been allotted by the Board pursuant to the powers conferred on it by section 54 of this Act.
(2)
Every application for a rehearing under this section shall be lodged with the Commissioner at the Principal Land Office of the district in which the land concerned is situated.
Compare: 1924 No 31 s 58
Subsection (1) was substituted by section 4 Land Amendment Act 1965.
