Crown Land Legislation Amendment Bill

Crown Land Legislation Amendment Bill EXPLANATORY NOTE GENERAL POLICY STATEMENT This is an omnibus Bill introduced in accordance with Standing Order 267(1)(a). That Standing Order provides that an omnibus Bill to amend more than 1 Act may be introduced if the amendments deal with an interrelated topic that can be regarded as implementing a single broad policy. The single broad policy is to provide targeted changes to the management of Crown land to enable greater economic returns to Crown pastoral leaseholders and the Crown. The Land Act 1948 (the Land Act ) governs the management of Crown land generally, and the Land Act and the Crown Pastoral Land Act 1998 (the CPLA ) govern the management of approximately 1.2 million hectares of Crown pastoral land in the South Island. The CPLA requires the Commissioner of Crown Lands (the Commissioner ) to administer Crown pastoral land in a way that seeks to maintain or enhance inherent values while providing for ongoing pastoral farming, support the Crown in its relationships with Māori under the Treaty of Waitangi, and enable the Crown to get a fair return on its ownership interest in pastoral land. Currently, land use on the Crown pastoral estate is primarily restricted to pastoral farming and commercial recreation activities. Some Crown pastoral leaseholders are interested in undertaking additional activities alongside pastoral farming to diversify income streams and better meet the cost of managing pastoral leases, and demand is growing for more flexible uses of Crown land. There is also an opportunity to enable land that is held in a pastoral lease to be reclassified and disposed of for alternative uses that have significant public benefits. The reforms to the CPLA and the Land Act aim to enable more efficient and effective uses of Crown pastoral land, support more flexible and productive pastoral farming, and improve the operation of the land management frameworks for the Crown pastoral estate and other Crown land by reducing unnecessary regulation and modernising elements of the Land Act. This supports the Government’s priorities for farming, growth, and transition to net zero by 2050. The Bill does so through amendments focused on the following: The Bill introduces a new secondary use permit to allow certain activities, such as other forms of farming and renewable energy, to be undertaken alongside pastoral farming. The Bill creates a new pathway for reclassifying and disposing of land that is held in a Crown pastoral lease to enable opportunities that involve significant land use change where this would be inconsistent with the maintenance and enhancement of the pastoral land’s inherent values, or with pastoral farming. This pathway would enable all, or part, of the pastoral lease to be ended by agreement and the land reclassified under the Land Act, giving the Crown options to then sell or lease the land (subject to right of first refusal entitlements) so it can be used for another purpose. There will be no provision for compulsory acquisition. The Bill introduces— legislative changes to clarify and expand permitted pastoral activities on pastoral leases: measures to improve the operation of the decision-making framework for discretionary activities under sections 9, 10, and 11 and Schedule 1ABA of the CPLA. The Bill— updates the Land Act to explicitly provide for commercial filming and photography as a commercial recreation activity, modernise the tools for dealing with trespass on Crown land, and allow digital advertising and flexible methods for the limited alienation and outright sale of Crown land: updates and clarifies the Commissioner’s statutory powers relating to the status of Crown land, implied covenants, and rehearing time frames. DEPARTMENTAL DISCLOSURE STATEMENT Land Information New Zealand is required to prepare a disclosure statement to assist with the scrutiny of this Bill. The disclosure statement provides access to information about the policy development of the Bill and identifies any significant or unusual legislative features of the Bill. A copy of the statement can be found at http://legislation.govt.nz/disclosure.aspx?type=bill&subtype=government&year=2026&no=297 REGULATORY IMPACT STATEMENT Land Information New Zealand produced regulatory impact statements on 31 October 2025 and 16 March 2026 to help inform the main policy decisions taken by the Government relating to the contents of this Bill. Copies of these regulatory impact statements can be found at— https://www.linz.govt.nz/our-work/projects/crown-pastoral-land-act-reforms https://www.regulation.govt.nz/our-work/regulatory-impact-statements/ CLAUSE BY CLAUSE ANALYSIS Clause 1 is the Title clause. Clause 2 provides that the Act comes into force 6 months after Royal assent. AMENDMENTS TO CROWN PASTORAL LAND ACT 1998 Clause 3 provides that the principal Act amended by Part 1 is the Crown Pastoral Land Act 1998. Clause 4 amends section 2, which relates to interpretation, and inserts the following new definitions: offsetting is a separate compensatory measure, undertaken at another location or later in time, to counterbalance residual adverse effects on inherent values that remain after measures to avoid, remedy, or mitigate those effects have been implemented: an RFR is a right of first refusal provided to a relevant iwi under Treaty settlement legislation: a secondary use is an activity described in new section 6A . Clause 5 amends section 4, which relates to outcomes for decision makers. The outcome of enabling the Crown to get a fair return on its ownership interest in pastoral land is applied to persons performing or exercising the Crown’s functions, duties, or powers in relation to secondary use permits. Clause 6 amends section 5, which relates to Māori interests. The requirement that the Crown must recognise and provide for the relationship of Māori and their culture and traditions with their ancestral lands, water, mahinga kai, wāhi tapu, and other taonga is applied to cases where a person seeks a secondary use permit or to dispose of pastoral land under new Part 2 . Clause 7 inserts new sections 6A and 6B , which relate to secondary use permits. The Commissioner may grant a secondary use permit that authorises the use or occupation (or both) of the land for a use that is— listed in new Schedule 1AD ; or not listed in that schedule and not permitted, discretionary, or prohibited, but is a use that the Commissioner is satisfied can in general be carried out in a way that is consistent with the purpose and decision-making outcomes in sections 1A and 4(1)(a) to (c). Secondary use activities and commercial recreation activities may be combined in the same secondary use permit where appropriate, but a secondary use permit must not be granted for an activity listed in new Schedule 1AE . Only lessees can apply for a secondary use permit, and a lessee must not undertake a secondary use activity without a secondary use permit. New section 6B applies provisions in section 66A(5), (6), (8), and (9) of the Land Act to secondary use permits, which set out conditions and requirements that apply to commercial recreation permits. Clause 8 amends section 9, which relates to the application process for permits. The application process for a permit to undertake a discretionary pastoral activity or for the grant of a commercial recreation permit is applied to applications for secondary use permits. Clause 9 amends section 10, which relates to the Commissioner’s decision on applications, to— include a reference to secondary use permits: align the reference to offsetting with the new definition of that term in clause 4 and provide that, when considering whether the adverse effects of an activity are no more than minor, the Commissioner must not consider offsetting: prevent the Commissioner from treating offsetting as reducing the level of adverse effects on inherent values. Clause 10 amends section 11, which relates to the decision-making criteria for consent for discretionary pastoral activities, to allow the Commissioner to be satisfied that an activity is necessary to enable a lessee or licensee to exercise their rights and obligations under the lease or licence, even if any of the criteria in Schedule 1ABA do not apply. Schedule 1ABA is amended by Schedule 2 to make the criteria permissive. This clause also replaces a reference to the ongoing financial viability of the pastoral farming enterprise with a reference to the long-term viability of pastoral farming of the land. Clause 11 inserts new section 12A , which relates to the decision-making criteria for secondary use permits. The Commissioner— may decline the application if satisfied that there is a reasonable alternative to the proposed activity that has lesser adverse effects on inherent values: may grant the application if satisfied that the proposed activity would have no more than minor effects on inherent values and pastoral farming: must decline the application if satisfied that a proposed activity would have more than minor adverse effects on inherent values or pastoral farming, unless satisfied that the proposed activity meets 1 or more of the criteria set out in subsection (1)(c) . In deciding whether effects on pastoral farming are minor, the Commissioner must consider— any effect the proposed activity would be likely to have on current carrying capacity; and the importance of any areas affected by the proposed secondary use to the viability of the lease for pastoral farming; and any other matters they consider relevant. The Commissioner must consult any iwi potentially affected by the application when making a decision under this section if the application is for an activity that is not listed in new Schedule 1AD . Clause 12 amends section 22B, which relates to the Commissioner’s monitoring of compliance by holders of reviewable leases or licences, to apply the section to any person granted a secondary use permit over pastoral land. Clause 13 inserts new Part 2 , which provides the pathway for the reclassifying and disposal of Crown pastoral land that is held in a Crown pastoral lease. New sections 24 to 38 relate to this. STAGE 1: GATEWAY FOR APPLICATIONS New section 24 provides an overview of new Part 2 , including the application of sections 4 and 5 to that Part. New section 25 relates to the application process under new Part 2 . It includes features in section 9 of the principal Act that relate to permit applications and are designed to enable the Commissioner to obtain sufficient information to consider an application. The Commissioner— must decline to accept an application if the applicant does not have the agreement of the lessee: may decline to accept an application if the Commissioner thinks that the information provided with the application is insufficient or, alternatively, may obtain further information that the Commissioner thinks necessary to assess the application: may decline to accept an application if the application is incomplete or frivolous or vexatious. The Commissioner must consult the Director-General of Conservation and relevant iwi. If the application is in order, the Commissioner must make a recommendation on the application to the Minister. New section 26 enables the Minister to decide whether an application can proceed. The Minister may refer the application for assessment under new subpart 2 only if the Minister considers the application is capable of meeting the requirements in new section 28 . STAGE 2: ASSESSMENT OF APPLICATIONS New section 27 requires the Commissioner to— consult the Director-General of Conservation, relevant local authorities, any relevant iwi, and any other party that has a legal interest in the land; and make a recommendation to the Minister on whether, in the Commissioner’s opinion, the application should be granted. New section 28 enables the Minister to decide whether to grant an application if in their opinion the public benefits of a proposed land use outweigh the negative impacts on— inherent values across the Crown pastoral estate; or ongoing pastoral farming of the remaining pastoral land. A decision to refer an application for assessment made at the gateway stage under this subpart does not create an obligation on the Minister to grant the application under this section. New section 29 requires the Commissioner to give effect to the Minister’s decision. RECLASSIFICATION AND DISPOSAL New section 30 provides for the Commissioner to invite the lessee of pastoral land to surrender all the relevant part of the lease to which the application relates. If the lessee does not agree to the proposed terms and conditions of the surrender, the application is declined and no further steps are taken under new Part 2 . New section 31 sets out preconditions for reclassification and disposal. The Commissioner must be satisfied that the applicant— has obtained any necessary planning permissions for the proposed use of the land; and has obtained any other statutory permissions that the Minister requires to be obtained before reclassification and disposal; and has met the terms and conditions in the Minister’s decision. If planning permissions or other statutory permissions materially change the proposed use (for example, by reducing its scale) and the Commissioner considers this is likely to significantly decrease the public benefit or significantly increase the effects of the activity, the Commissioner must refer the matter back to the Minister for reassessment. New section 32 provides for the reclassification of land. New section 33 provides for the disposal of reclassified land. New section 34 provides that the reclassification or disposal of land is not a subdivision. New section 35 provides for situations where— the disposal process fails for any reason before disposal, so that the land remains in the Crown’s possession and there is no reasonable prospect that it will be disposed of under that process; or the land has been disposed of and the land is returned to the Crown’s possession for any reason. This section enables the Commissioner in an appropriate case to grant a new pastoral lease of the land without having to undertake a review under Part 3. MISCELLANEOUS PROVISIONS New section 36 prohibits the Minister from delegating their powers under new subpart 1 or 2 . New section 37 provides for monitoring of the use of disposed land. New section 38 relates to rehearings and appeals. The recommendations made by the Commissioner under new subpart 1 or 2 are not subject to section 17 or 18 of the Land Act 1948 (rights of rehearing or appeal) because these implement the Minister’s decisions, but the Commissioner’s other decisions under those provisions are subject to those rights. Clause 14 amends section 100D, which relates to infringement offences, to make undertaking a secondary use activity without a secondary use permit an infringement offence. Clause 15 inserts new sections 100PA and 100PB , which provide for new Schedules 1AD and 1AE to be amended by Order in Council. Similar powers are in sections 100O and 100P for other schedules of the Act. New Schedule 1AD lists specified activities for which secondary use permits may be granted. New Schedule 1AE will list specified activities for which a secondary use permit must not be granted. Clause 16 replaces section 100Q and provides for the chief executive to review Schedule 1AB and new Schedules 1AD and 1AE every 5 years. Clause 17 amends section 100R, which relates to regulations, to enable regulations to prescribe information required for applications for a secondary use permit or for the disposal of pastoral land and other matters under new Part 2 . Clause 18 amends section 100S, which relates to standards and directives, to enable the chief executive to set standards and issue directives in relation to the framework for determining applications for secondary use permits. Clause 19 inserts new section 100T . New section 100T enables the department to recover its costs for processing certain applications under the CPLA. This provision applies to an application— for a secondary use permit: for the reclassification and disposal of land from the pastoral estate. An applicant is liable to pay the department’s direct and indirect costs in dealing with the application, and the Commissioner may determine— the appropriate fee or time-based charge, specified in a notice published by the Commissioner; or the actual direct and indirect costs incurred as specified in an invoice. Clause 20 inserts new Schedules 1AD and 1AE (as set out in Schedule 1 ): new Schedule 1AD sets out activities for which secondary use permits may be granted: new Schedule 1AE sets out activities for which secondary use permits must not be granted. Clause 21 provides for consequential amendments to the principal Act and the Land Information New Zealand (Fees and Charges) Regulations 2003 and the Crown Pastoral Land Regulations 2023. The consequential amendments are set out in Schedules 2 and 3 . AMENDMENTS TO LAND ACT 1948 Clause 22 provides that the principal Act amended by this Part is the Land Act 1948. Clause 23 amends section 2 of the principal Act by updating the definitions of pastoral land and pastoral lease to include land classified under new section 35(4) or a lease granted under new section 35(5) of the Crown Pastoral Land Act 1998 (as set out in clause 13 ). Clause 24 amends section 17, which relates to application for a rehearing. This clause enables the Commissioner to extend the deadline for making a request for a rehearing, when the interests of justice require it, having regard to— the reason for the request; and the time elapsed since the deadline; and any disadvantage to the applicant or other parties if the time is not extended. Clause 25 amends section 24, which relates to the powers and duties of the Commissioner, to— replace section 24(1)(b) so that it deals only with the removal or expulsion of trespassers and intruders on and persons unlawfully occupying Crown land ( new section 24A ): manage Crown land, including land that the Commissioner is satisfied on reasonable grounds is or is likely to be Crown land. Clause 26 inserts new section 24A , which relates to the seizure and disposal of property unlawfully on Crown land. This section enables the Commissioner to seize and hold anything whatsoever (including livestock, goods, chattels, and effects) that are on Crown land without any legal or equitable right, title, or lawful authority in a suitable place determined by the Commissioner if the Commissioner has given notice and that notice has not been complied with according to its terms. Clause 27 amends section 52, which relates to the alienation of Crown land, to enable the Commissioner to use a competitive process when offering Crown land for acquisition. A competitive process includes— a public auction: a public tender: a deadline private treaty: inviting expressions of interest: another method that the Commissioner thinks will better support market conditions. Clause 28 amends section 54, which relates to the allotment of land without competition, to— include a disposal under new section 33 in Part 2 : allow an application to be advertised on a suitable digital platform. Clause 29 amends section 66A, which relates to commercial recreation permits, to— enable a commercial recreation permit to be granted for commercial filming and photography: allow an application to be advertised on a suitable digital platform. Clause 30 amends section 94, which relates to mortgages of leases or licences, to enable sales upon default to be by a competitive process. Clause 31 amends section 170A, which relates to the variation of covenants in leases and licences, to expressly provide for variation in the granting of the lease or licence or later by a memorandum of variation. Clause 32 inserts new section 184B , which enables the department to recover its costs for processing certain applications under the principal Act. New section 184B is in similar terms to new section 100T inserted by clause 19 . The Parliament of New Zealand enacts as follows: 1 Title This Act is the Crown Land Legislation Amendment Act 2026 . 2 Commencement This Act comes into force 6 months after Royal assent. 3 Principal Act This Part amends the Crown Pastoral Land Act 1998. 4 Section 2 amended (Interpretation) In section 2, insert in their appropriate alphabetical order: offsetting means a separate compensatory measure, undertaken at another location or later in time, to counterbalance residual adverse effects on inherent values that remain after measures to avoid, remedy, or mitigate those effects have been implemented RFR means a right of first refusal provided to a relevant iwi under Treaty settlement legislation secondary use means a secondary use as described in section 6A 5 Section 4 amended (Outcomes for decision makers) In section 4(2), replace or commercial recreation permits with commercial recreation permits, or secondary use permits . 6 Section 5 amended (Māori interests) After section 5(1)(a)(ii), insert: iia a secondary use permit over pastoral land is sought; or iib a decision to grant an application under Part 2 is sought; or In section 5(1)(b), after 22C, , insert 35 , . 7 New sections 6A and 6B and cross-heading inserted After section 6, insert: Secondary uses on pastoral land 6A Secondary uses 1 A lessee of pastoral land may apply to the Commissioner for a permit (a secondary use permit ) to undertake an activity on the land that is a secondary use under this Act. 2 The Commissioner may grant a secondary use permit that authorises the use or occupation (or both) of the land for— a a use listed in Schedule 1AD ; or b a use not listed in Schedule 1AD , but the Commissioner is satisfied that it— i is not a permitted, discretionary, or prohibited pastoral activity; and ii can in general be carried out in a way that is consistent with the purpose and decision-making outcomes in sections 1A and 4(1)(a) to (c). 3 The Commissioner may grant an application for a secondary use permit in whole or in part. 4 The Commissioner is not required to grant any application for a secondary use. 5 A secondary use permit must not be granted for an activity listed in Schedule 1AE . 6 A lessee of pastoral land must not undertake a secondary use activity on the land without a secondary use permit granted under this Act. 6B Conditions, requirements, and other provisions that apply to secondary use permits 1 A secondary use permit is deemed to be issued subject to the condition that the holder will comply with all local authority bylaws, rules, regulations, and requisitions and with the provisions of the Resource Management Act 1991. 2 A secondary use permit may be issued on any other terms and subject to any other conditions (whether as to the payment of fees or otherwise) that the Commissioner may determine, whether generally or in a particular case. 3 If another enactment provides that a person must obtain permission under that enactment before undertaking an activity that is contrary to that enactment,— a the grant of a secondary use permit does not in itself allow the proposed activity to be carried out without the required permission under the other enactment; but b nothing in this subsection prevents the granting of a secondary use permit before permission under the other enactment has been obtained. 4 Without limiting subsection (2) , a secondary use permit may be granted wholly or in part, with or without any conditions, limitations, directions, or restrictions that the Commissioner thinks necessary, including for the purpose of reducing the adverse effects on inherent values. 5 The Commissioner may include both secondary use and commercial recreation activities in a secondary use permit if the Commissioner considers it is appropriate to include both kinds of activities in the same permit. 6 The Commissioner must consult any relevant iwi potentially affected by the application when making a decision under this section if the application is for an activity that is not listed in Schedule 1AD . 8 Section 9 amended (Application process) Replace section 9(1) with: 1 An applicant who applies for consent to undertake a discretionary pastoral activity, the grant of a commercial recreation permit under section 66A of the Land Act 1948, or a secondary use permit must provide sufficient information to enable the Commissioner to assess the application under sections 10 to 12A and Schedules 1ABA and 1AD (as applicable). In section 9(2), replace sections 10 to 12 and Schedule 1ABA with sections 10 to 12A and Schedules 1ABA and 1AD . 9 Section 10 amended (Commissioner’s decision) In section 10(2), replace sections 11 and 12 and Schedule 1ABA with sections 11, 12, and 12A and Schedules 1ABA and 1AD . Replace section 10(4)(a)(ii) with: ii the effects of the proposed activity on those inherent values (with regard to the importance of those values) have been identified, including whether the adverse effects could be avoided, remedied, or mitigated; and Replace section 10(4)(b) with: b when considering whether the adverse effects of an activity are no more than minor, must not consider offsetting; and After section 10(6)(b), insert: ba in relation to an application for a secondary use permit, means to grant the permit in accordance with sections 6A, 6B, and 12A : 10 Section 11 amended (Decision-making criteria: consent for discretionary pastoral activity) Replace section 11(2) and (3) with: 2 Before granting an application for a proposed activity that has more than minor adverse effects on inherent values, the Commissioner must— a be satisfied that the activity is necessary to enable the lessee or licensee of Crown pastoral land to exercise their rights and obligations under their lease or licence; and b take into account the criteria in Schedule 1ABA. 3 For the purpose of deciding whether the activity is necessary to enable the lessee or licensee to exercise their rights and obligations under their lease or licence, the Commissioner may consider any economic benefits associated with undertaking that activity only to the extent that those benefits relate to the long-term viability of pastoral farming of the land. 11 New section 12A inserted (Decision-making criteria: grant of secondary use permit) After section 12, insert: 12A Decision-making criteria: grant of secondary use permit 1 The Commissioner decides whether to grant an application for a secondary use permit as follows: a they may decline the application if satisfied that there is a reasonable alternative to the proposed activity that has lesser adverse effects on inherent values: b they may grant the application if satisfied that the proposed activity would have no more than minor adverse effects on inherent values and the pastoral farming of the land: c if satisfied that a proposed activity would have more than minor adverse effects on inherent values or pastoral farming of the land, they may grant the application only if satisfied that the proposed activity meets 1 or more of the following criteria: i the activity will make use of existing, lawfully established buildings or infrastructure on the land: ii the activity supports the long-term maintenance or enhancement of inherent values when considered across the lease as a whole: iii the activity supports the long-term viability of the lease for pastoral farming purposes: iv the activity makes a significant contribution to biodiversity, freshwater, or other environmental management goals nationally or regionally: v the activity will make a significant contribution singularly or as part of a wider project toward reducing greenhouse gas emissions or the effects of climate change: vi the activity will reduce the risk, or avoid or mitigate the effects, of a natural hazard or biosecurity risk: vii the outcome of the activity will, in any other way, support the purpose and outcomes of this Act. 2 In deciding whether effects on pastoral farming of the land are minor, the Commissioner must consider— a any effect the proposed activity is likely to have on current carrying capacity; and b the importance of any areas affected by the proposed secondary use to the viability of the land for pastoral farming of the land; and c any other matters they consider relevant. 12 Section 22B amended (Commissioner to monitor compliance by holders of reviewable leases or licences) Replace section 22B(b) with: b any person granted an easement (under section 60(1) of the Land Act 1948), a commercial recreation permit (under section 66A of that Act), or a secondary use permit over pastoral land of their obligations under the easement or permit. 13 New Part 2 inserted After section 23Q, insert: 2 Reclassification and disposal of Crown pastoral land for a specific use 1 Stage 1: gateway for applications 24 Overview 1 This Part enables the classification of Crown pastoral land that is held in a pastoral lease to be changed and the whole or part of the land held under the lease (the relevant land ) to be disposed of in order to allow the relevant land to be used for a specific use that has public benefits that outweigh the negative impacts on inherent values across the Crown pastoral estate or ongoing pastoral farming of the remaining pastoral land. 2 In exercising powers or performing functions under this Part, decision-makers must (to the extent that those matters are applicable) seek to achieve the outcomes in section 4(1)(b) and (c). 3 Section 4(1)(a) does not apply to this Part. 4 Section 5(1)(a) applies to persons performing or exercising relevant functions, duties, or powers under this Part. 5 Section 5(1)(b) applies to persons performing or exercising relevant functions, duties, or powers under this subpart or subpart 2 . 25 Application process 1 Any person with the agreement of the lessee of pastoral land may apply to the Commissioner on a form provided by the department to reclassify and dispose of Crown pastoral land that is held in a Crown pastoral lease in accordance with this Part. 2 An applicant must provide sufficient information to enable the Commissioner to assess the application under this Part. 3 The Commissioner— a must decline to accept an application if the applicant does not have the agreement of the lessee of the pastoral land: b may decline to accept an application if the Commissioner thinks that the information provided with the application is insufficient or, alternatively, may obtain further information that the Commissioner thinks necessary to assess the application: c may decline to accept an application if— i the application is incomplete; or ii the application is frivolous or vexatious. 4 When assessing an application, the Commissioner may obtain any advice the Commissioner thinks necessary in order to make a recommendation under subsection (6) and must consult in accordance with subsection (5) , but the Commissioner is not required to seek any information beyond what is provided by the applicant. 5 On accepting an application, the Commissioner must consult, on behalf of the Minister,— a the Director-General of Conservation; and b any relevant iwi. 6 The Commissioner must provide to the Minister their recommendation on whether the application should proceed to the assessment stage, a copy of the application, and a summary of any feedback received under subsection (5) . 26 Minister decides whether application proceeds 1 The Minister may refer the application for assessment under subpart 2 if the Minister considers the application is capable of meeting the requirements in section 28 . 2 If the Minister considers the application is not capable of meeting those requirements, the Minister must decline the application. 2 Stage 2: assessment of applications 27 Commissioner to consult, assess application, and make recommendation to Minister 1 If the Minister advises the Commissioner that an application to reclassify and dispose of Crown pastoral land that is held in a Crown pastoral lease may proceed, the Commissioner must— a consult the Director-General of Conservation, relevant local authorities, any relevant iwi, and any other party that has a legal interest in the relevant land; and b make a recommendation to the Minister on whether, in the Commissioner’s opinion, the application should be granted in accordance with section 28 . 2 For the purposes of this section, the Commissioner may request further information from the applicant, commission any reports from any party, and seek information from any party, so as to better understand the nature of the application and relevant effects. 28 Minister to decide whether to grant application 1 The Minister may grant an application to reclassify and dispose of Crown pastoral land that is held in a Crown pastoral lease if, in the Minister’s opinion, the public benefits of a proposed land use outweigh the negative impacts on— a inherent values across the Crown pastoral estate; or b ongoing pastoral farming of the remaining pastoral land. 2 In deciding whether the public benefits of a land use proposed in an application outweigh those negative impacts, the Minister must consider— a expected economic, social, cultural, and environmental benefits of the proposal, and fiscal implications for the Crown; and b whether reclassifying the relevant land is consistent with Treaty settlement legislation and the Crown’s relationship with Māori under te Tiriti o Waitangi/the Treaty of Waitangi; and c effects on pastoral farming, including effects on the ongoing viability of the residual lease for pastoral farming purposes and any need for compensation or adjustment of the lease or lease conditions, and effects on Crown pastoral land cumulatively and its contribution to primary production; and d effects on inherent values of the relevant land requested to be reclassified, the remaining pastoral lease or the surrounding area, and whether maintenance, protection, or enhancement of those values can be secured through legal instruments or conditions; and e any other matters they consider relevant. 3 An application granted under this section is subject to the terms and conditions (if any) determined by the Minister. 4 The Minister must decline an application if they consider that the public benefits of the proposed new land use will not outweigh the negative impacts referred to in subsection (1) . 5 The decision to refer an application for assessment under this subpart does not create an obligation on the Minister to grant the application under this section. 6 The Minister must, as soon as practicable, cause a summary of each decision on an application under this section to be published on the department’s Internet site. 29 Commissioner to give effect to Minister’s decision If the Minister grants an application to reclassify and dispose of Crown pastoral land that is held in a Crown pastoral lease, the Commissioner may dispose of the relevant land only in accordance with the Minister’s decision and subpart 3 . 3 Reclassification and disposal 30 Invitation to surrender lease 1 If the Minister grants an application to reclassify and dispose of Crown pastoral land that is held in a Crown pastoral lease, the Commissioner must invite the lessee of the pastoral land to surrender all the relevant part of the lease on terms and conditions the Commissioner considers appropriate, taking into account the Minister’s decision. 2 If the lessee of the pastoral land does not agree to the proposed terms and conditions of the surrender, the application is treated as having been declined and must not be considered further. 31 Preconditions for reclassification and disposal 1 Before reclassifying and disposing of Crown pastoral land that is held in a Crown pastoral lease, the Commissioner must be satisfied that the applicant— a has obtained any necessary planning permissions for the proposed use of the relevant land; and b has obtained any other statutory permissions that the Minister’s decision requires to be obtained before reclassification and disposal; and c has met the terms and conditions in the Minister’s decision under section 28 that need to be met before reclassification and disposal. 2 If planning permissions or other statutory permissions materially change the proposed use (for example, by reducing its scale) and the Commissioner considers this is likely to significantly decrease the public benefit or significantly increase the negative effects of the activity, the Commissioner must— a not proceed to dispose of the relevant land; and b refer the matter back to the Minister for reassessment of the decision to reclassify and dispose of Crown land from the Crown pastoral lease. 3 Subject to subsections (1) and (2) , the Commissioner may proceed to dispose of the relevant land in accordance with the Minister's decision under section 28 . 32 Reclassification of land 1 This section applies only if the relevant land is surrendered on terms agreed under section 30 . 2 The Commissioner must reclassify the relevant land— a as Crown land with no classification; or b with a classification the Commissioner considers appropriate under section 51 of the Land Act 1948. 33 Disposal of reclassified land 1 This section applies to land reclassified under section 32 . 2 The Commissioner must dispose of the relevant land— a in accordance with the Land Act 1948; and b subject to the terms, conditions, and encumbrances (if any) imposed on the relevant land as part of the decision made under section 28 to remove it from the Crown pastoral estate; and c in a manner provided in subsection (3) . 3 The Commissioner may, at their discretion, dispose of the relevant land— a under any tenure and subject to any terms, conditions, and encumbrances, taking into account the Minister’s decision; and b by competitive allotment under section 52 of the Land Act 1948 or preferential allotment under section 54(1) of that Act. 4 To avoid doubt, any disposal of the relevant land is subject to RFR obligations to relevant iwi. 5 Any disposal of the relevant land is subject to section 31 . 34 Reclassification or disposal not subdivision To avoid doubt, the reclassification or disposal of land under this Part is not a subdivision of land for the purposes of the Resource Management Act 1991. 35 Failure to complete disposal process 1 This section applies if— a the disposal process following a decision under section 28 to grant an application to reclassify and dispose of Crown pastoral land that is held in a Crown pastoral lease fails for any reason before disposal, so that the relevant land remains in the Crown’s possession and there is no reasonable prospect that it will be disposed of under that process; or b the relevant land has been disposed of and the relevant land is returned to the Crown’s possession for any reason. 2 The Minister, after receiving advice from the Commissioner, must decide whether the section 28 decision can still be given effect to by re-offering the relevant land to another person. 3 If the Minister decides that the section 28 decision can be given effect to, the Commissioner must give effect to that decision under this subpart. 4 If the Minister decides that the section 28 decision cannot be given effect to, the Commissioner must reclassify the relevant land as pastoral despite section 51 of the Land Act 1948. 5 The Commissioner may grant a pastoral lease of the relevant land or add the relevant land into an existing pastoral lease, without undertaking a review under Part 3. 4 Miscellaneous provisions 36 Certain powers not to be delegated The Minister must not delegate their powers under subpart 1 or 2 . 37 Monitoring of use of disposed land The Commissioner may impose conditions and ongoing monitoring requirements on the use of land disposed of under this Part to ensure the delivery of public benefits. 38 Rehearings and appeals 1 The recommendations made by the Commissioner under subpart 1 or 2 are not subject to section 17 or 18 of the Land Act 1948 (rights of rehearing or appeal). 2 Any other decision of the Commissioner under this Part is subject to sections 17 and 18 of the Land Act 1948. 14 Section 100D amended (Infringement offences) After section 100D(1)(d), insert: da undertakes without a secondary use permit an activity on pastoral land that requires a secondary use permit under section 6A ; or 15 New sections 100PA and 100PB inserted After section 100P, insert: 100PA Power to amend Schedule 1AD 1 The Governor-General may, by Order in Council made on the recommendation of the Minister, amend, replace, or revoke any provision in Schedule 1AD in accordance with this section. 2 The Minister may make a recommendation under subsection (1) in accordance with subsection (3) . 3 The Minister must not recommend the making of an Order in Council under this section unless— a the Minister has consulted the Minister of Agriculture, the Minister of Conservation, and other Ministers as necessary; and b the Minister is satisfied that the chief executive or the Commissioner has— i consulted relevant iwi and representatives of lessees of pastoral land; and ii published a notice of the proposed recommendation on the department’s Internet site and invited the public to give or send their written submissions on the proposed recommendation before it is finalised; and c the Minister is satisfied that the proposed activity— i is not a pastoral farming activity; and ii is not more appropriately provided for using another applicable permission; and iii seeks to contribute to achieving the outcomes stated in section 4 and the purpose of this Act. 4 An Order in Council made under this section is secondary legislation ( see Part 3 of the Legislation Act 2019 for publication requirements). 100PB Power to amend Schedule 1AE 1 The Governor-General may, by Order in Council made on the recommendation of the Minister, amend, replace, or revoke any provision in Schedule 1AE in accordance with this section. 2 The Minister may make a recommendation under subsection (1) in accordance with subsection (3) . 3 The Minister must not recommend the making of an Order in Council under this section unless— a the Minister has consulted the Minister of Agriculture, the Minister of Conservation, and other Ministers as necessary; and b the Minister is satisfied that the chief executive or the Commissioner has— i consulted relevant iwi and representatives of lessees of pastoral land; and ii published a notice of the proposed recommendation on the department’s Internet site and invited the public to give or send their written submissions on the proposed recommendation before it is finalised; and c the Minister is satisfied that the activity that will be added to Schedule 1AE would be likely to cause significant loss of inherent values that cannot be avoided in all reasonably foreseeable circumstances or would prevent the ongoing use of the land for pastoral farming. 4 An Order in Council made under this section is secondary legislation ( see Part 3 of the Legislation Act 2019 for publication requirements). 16 Section 100Q replaced (Chief executive to review Schedule 1AB) Replace section 100Q with: 100Q Chief executive to review Schedules 1AB, 1AD, and 1AE 1 The chief executive must review Schedules 1AB, 1AD, and 1AE every 5 years. 2 Following the review, the chief executive must advise the Minister on any recommended changes to a schedule. 17 Section 100R amended (Regulations) Replace section 100R(1)(a) and (b) with: a prescribing the information (for example, the description and location of the activity, the inherent values affected, and mitigation) required to be provided with an applications for— i consent to undertake a discretionary pastoral activity; or ii a commercial recreation permit; or iii a stock limitation exemption; or iv a secondary use permit; or v the disposal of pastoral land under Part 2 : b prescribing matters the Commissioner must take into account in deciding the level of adverse effects of an activity referred to in paragraph (a) on inherent values: Replace section 100R(1)(d) with: d prescribing fees or charges payable for applications referred to in paragraph (a) : 18 Section 100S amended (Chief executive or Commissioner may set standards and issue directives) In section 100S(2), after commercial recreation permits, , insert secondary use permits, . 19 New section 100T inserted (Cost recovery for processing certain applications under this Act) After section 100S, insert: 100T Cost recovery for processing certain applications under this Act 1 This section applies to applications— a for a secondary use permit ( see Part 1): b for the reclassification and disposal of land from the pastoral estate ( see Part 2 ). 2 An applicant is liable to pay the department’s direct and indirect costs in dealing with the application, and the Commissioner may determine that the amount payable is— a the appropriate fee or time-based charge specified in a notice published by the Commissioner; or b the actual direct and indirect costs incurred as specified in an invoice. 3 The Commissioner may, in their absolute discretion, refund or waive payment of all or any part of any sum paid or required to be paid under this section. 4 Fees and charges are a debt due to the Crown and payable to the department, but the department is not required to pay money received under this section to a Crown Bank Account. 5 A notice issued under subsection (2)(a) — a is not secondary legislation unless it is stated to be secondary legislation by another provision of this Act or the Land Act 1948: b must not be inconsistent with regulations prescribing or providing for fees or charges under this Act or the Land Act 1948. 20 New Schedules 1AD and 1AE inserted After Schedule 1AC, insert the Schedules 1AD and 1AE set out in Schedule 1 of this Act. 21 Consequential amendments Amend the principal Act as set out in Schedule 2 . Amend the regulations specified in Schedule 3 as set out in that schedule. 22 Principal Act This Part amends the Land Act 1948. 23 Section 2 amended (Interpretation) In section 2, definition of pastoral land , after section 51 , insert of this Act or section 35(4) of the Crown Pastoral Land Act 1998 . In section 2, definition of pastoral lease , after section 66 , insert of this Act or section 35(5) of the Crown Pastoral Land Act 1998 . 24 Section 17 amended (Application for rehearing) In section 17(1), after after being notified of that decision or determination , insert or within any extended time allowed by the Commissioner under subsection (2A) . After section 17(2), insert: 2A The Commissioner may extend the specified time within which a person may request a rehearing, when the interests of justice require it, having regard to— a the reason for the request for a rehearing; and b the time elapsed since the specified time ended; and c any disadvantage to the applicant or other parties. 25 Section 24 amended (Powers and duties of Commissioners) Replace section 24(1)(b) with: b to remove or expel, or cause to be removed or expelled, all trespassers and intruders on and persons unlawfully occupying Crown land: After section 24(1)(ia), insert: ib to manage Crown land, including land that the Commissioner is satisfied on reasonable grounds is or is likely to be Crown land, if satisfied it is appropriate to do so: After section 24(5), insert: 6 The Commissioner may exercise the powers of seizure and disposal under section 24A in relation to anything whatsoever that is unlawfully on Crown land. 26 New section 24A inserted (Seizure and disposal of property) After section 24, insert: 24A Seizure and disposal of property 1 The Commissioner may seize and hold anything whatsoever (including livestock, goods, chattels, and effects) that are on Crown land without any legal or equitable right, title, or lawful authority (the property ) in a suitable place determined by the Commissioner if the Commissioner has given notice in accordance with subsection (6) and that notice has not been complied with according to its terms. 2 The owner of property seized under subsection (1) (the seized property ) may, within 21 days of the date of seizure, reclaim the property by paying to the Commissioner all removal, storage, and incidental costs reasonably incurred by the Commissioner in connection with the seizure and holding of the property (the seizure costs ). 3 The Commissioner may, on terms and in a manner determined by the Commissioner, sell the seized property by a public sale process (including public auction) if— a the property has not been reclaimed in accordance with subsection (2) ; and b the Commissioner has notified the owner (if known) of the method, timing, and other material details of the public sale. 4 The Commissioner must— a apply the proceeds of sale of any property under subsection (3) toward the seizure costs; and b either,— i on application by the person entitled to the property, pay any surplus to that person; or ii if no application is made within 1 year after the date of sale, retain the surplus. 5 The Commissioner may, in any manner the Commissioner thinks fit, dispose of— a seized property if the Commissioner has made reasonable efforts to sell the property under subsection (3) but the property was not sold; or b seized property (other than livestock), if— i the value of the property is likely to be less than the likely seizure costs as assessed by the Commissioner, or seizing and holding the property is otherwise impracticable in the circumstances; and ii the Commissioner has given notice to the owner of the property (if known) in accordance with subsection (7) ; and iii the Commissioner has informed the New Zealand Police in the relevant locality of their intention to dispose of the property. 6 A notice for the purposes of subsection (1) must— a be given to the owner of the property (if known) and, in the case of property other than livestock, attached to or near the property; and b contain the following information: i a description of the relevant property: ii the date by which the property must be removed: iii the Commissioner’s intention to seize and hold the property in accordance with this section if not removed within the period specified in the notice: iv the Commissioner’s right to sell seized property in accordance with subsection (3) if the property is not reclaimed in accordance with subsection (2) : v contact details. 7 A notice for the purposes of subsection (5)(b) must— a be given to the owner of the property (if known) and attached to or near the property; and b contain the following information: i a description of the relevant property: ii the date by which the property must be removed: iii the Commissioner’s intention to dispose of the property if it is not removed within the period specified in the notice: iv contact details. 8 In this section, dispose , in relation to any property,— a means to dispose of the property in a manner determined by the Commissioner; and b includes to donate or recycle the property or remove it to a landfill. 27 Section 52 amended (Board may alienate Crown land) In section 52(2), replace public auction at an upset price or rental value or by public tender with a competitive process . In section 52(3), replace at which the auction is intended to be held or, as the case may be, the time and place for the lodging of tenders with of the competitive process . In section 52(6), replace public auction or public tender with a competitive process . Replace section 52(7) with: 7 Land that is offered for sale or lease by a competitive process under this section, and that has not been disposed of by the competitive process, remains open for acquisition subject to subsection (8). After section 52(8), insert: 9 In this section, competitive process , for the purpose of offering land for acquisition, means a public process and includes— a a public auction: b a public tender: c a deadline private treaty: d inviting expressions of interest: e another method that the Commissioner thinks will better support market conditions. 28 Section 54 amended (Allotment of land without competition) After section 54(1)(f), insert: g where land is approved for disposal under section 33 of the Crown Pastoral Land Act 1998. In section 54(2), after locality , insert or on a suitable digital platform . 29 Section 66A amended (Commercial recreation permit) In section 66A(1), after safari, , insert commercial filming or photography, . In section 66A(2A), after locality , insert or on a suitable digital platform . 30 Section 94 amended (Mortgages of leases or licences) Replace section 94(1)(a) with: a every sale upon default must be by a competitive process provided for in section 52: In section 94(1)(d), replace public auction with a competitive process . 31 Section 170A amended (Variation of covenants in leases and licences) Replace section 170A(1) with: 1 The covenants, conditions, and restrictions expressed or implied in any lease or licence by this Act or any other Act may be expressly varied, negatived, or extended— a by the terms of a lease or licence, as granted; or b by a memorandum of variation of an existing lease or licence containing any particulars that may be necessary in the circumstances of the case. 32 New section 184B inserted (Cost recovery for processing certain applications under this Act) After section 184A, insert: 184B Cost recovery for processing certain applications under this Act 1 An applicant for a commercial recreation permit or easement under this Act is liable to pay the department’s direct and indirect costs in dealing with the application. 2 The Commissioner may determine that the amount payable is— a the appropriate fee or time-based charge specified in a notice published by the Commissioner; or b the actual direct and indirect costs incurred as specified in an invoice. 3 The Commissioner may determine the appropriate kind of fee or charge payable. 4 The Commissioner may, in their absolute discretion, refund or waive payment of all or any part of any sum paid or required to be paid under this section. 5 Fees and charges are a debt due to the Crown and payable to the department, but the department is not required to pay money received under this section to a Crown Bank Account. 6 A notice issued under subsection (2)(a) — a is not secondary legislation unless it is stated to be secondary legislation by another provision of this Act: b must not be inconsistent with regulations prescribing or providing for fees or charges under this Act. 1 New Schedules 1AD and 1AE inserted into Crown Pastoral Land Act 1998 1AD s 6A(2) Specified activities for which secondary use permits may be granted 1 Arable farming (other than activities that are ancillary to pastoral farming). 2 Viticulture. 3 Horticulture. 4 Apiculture. 5 Aquaculture. 6 Renewable energy generation. 7 Gravel extraction, stockpiling, processing, or screening. 8 Processing or sale of products grown or reared on site. 9 Research, fieldwork, training facilities, and activities associated with primary production, conservation, or outdoor education. 10 Visitor accommodation, hospitality, and other commercial recreation activities. 1AE s 6A(5) Activities for which secondary use permit must not be granted No activities are listed in this Schedule. 1AD Specified activities for which secondary use permits may be granted 1AE Activities for which secondary use permit must not be granted 2 Consequential amendments to Crown Pastoral Land Act 1998 In section 22D(1)(a), after a commercial recreation permit, , insert a secondary use permit, . In section 100A(1)(b), after a commercial recreation permit , insert a secondary use permit, . In section 100B(1)(b), after a commercial recreation permit, , insert a secondary use permit, . In Schedule 1AB, replace Part 1 with: Part 1 Permitted pastoral activities (consent not required under this Act, but permission may be required under other enactments) 1 The chemical control of any exotic pest plant if— a the control method is aerial spot-spraying or targeted ground spraying only; and b the activity is occurring on land that has a slope of not more than 20°; and c no indigenous plant species are targeted; and d by-kill is limited to species located immediately around the target species; and e by-kill is limited to regenerating indigenous species; and f the total amount of by-kill does not exceed 500 m² per hectare; and g if relevant, GPS data is retained for 5 years and available to the Commissioner on request. 2 Any earthworks, planting, gardening, tree felling, sowing of seed, or top-dressing within the curtilage of any existing dwelling, woolshed, implement shed, or livestock facilities. 3 Soil disturbance as reasonably required for— a digging in posts, anchors, piles, or supports (except for the purpose of constructing buildings): b laying electric fence cables: c burying dead animals, or digging offal pits or holes for domestic rubbish, as long as the activity is undertaken at least 50 m away from any surface water body: d clearing humps or filling hollows along existing fence lines: e digging rabbit warrens: f digging long drops, which must be at least 50 m away from any surface water body: g doing any of the following: i maintaining existing, lawfully established flood irrigation: ii repairing wheel ruts from lawfully established mobile irrigators: iii repairing or replacing pipes, hydrants, or other infrastructure associated with existing, lawfully established irrigation systems if— A there is no change in the method of irrigation; and B there is no clearance of indigenous vegetation; and C there is no soil disturbance in any waterway or wetland; and D there is no change or expansion of the area irrigated: h removing tree stumps: i controlling invasive exotic pest plants by use of handheld tools, but this does not include associated clearance of indigenous vegetation: j preparing bait lines for animal pest control: k soil disturbance as reasonably required for the following works (except infrastructure for the purposes of irrigation): i maintaining, repairing, or replacing existing stock water troughs, water lines, or water tanks; or ii installing new stock water troughs and pipes on land that has a current consent to be cultivated or oversown, and top-dressed: l maintaining or repairing lawfully established buildings if— i there is no increase in width, height, length, or floor area; and ii there is no alteration in position or location; and iii the repair or replacement of any external fixtures or fittings uses materials of the same type and colour. 4 Fencing within existing cultivated paddocks. 5 Riparian planting using indigenous species sourced from local seeds. 6 Clearing wind-felled trees, except where the timber is for sale or off-farm commercial use. 7 Laying cables, domestic water pipelines, and other infrastructure underground from the main source of supply to existing buildings, as long as the activity does not involve associated clearance of indigenous vegetation and any cables or pipelines do not traverse water bodies. 8 Burning slash, stumps, or dead vegetation within existing, lawfully established cultivated paddocks. 9 Spraying exotic vegetation within existing, lawfully established cultivated paddocks. 10 Maintaining, repairing, or replacing existing, lawfully established drains, water races, or culverts if there is— a no increase in the width or length of the drain, water race, or culvert; and b no alteration in the position, route, or alignment; and c no disturbance in waterways or wetlands. 11 Top-dressing areas that have been lawfully top-dressed in the past 10 years. 12 Resowing areas that have been lawfully sown in the past 10 years using the same plant species and method, including direct drilling. 13 Cultivating areas that have been lawfully cultivated previously, using the same cultivation method. 14 Maintaining, repairing, or replacing existing, lawfully established roads, paths, or tracks (including laying of local gravel) if there is— a no increase in the width or length of the road, path, or track; and b no change in surface material; and c no alteration in the route or alignment. 15 Maintaining, repairing, or replacing existing, lawfully established fire breaks if there is— a no increase in the width or length of the fire break; and b no alteration in the position or alignment of the fire break; and c no disturbance to the bed of any waterway or wetland. 16 Maintaining, repairing, or replacing existing, lawfully established fences if— a there is no increase in the width, height, or length of the fence or fencing footprint; and b there is no alteration in the fence position; and c no postholes are dug in the bed of any waterway or wetland. 17 Lighting fires for the purpose of cooking or camping. 18 Maintaining, repairing, or replacing any lawfully established flood protection infrastructure including groynes, stop banks, or overflow channels if— a there is no increase in the width, height, or length of the infrastructure; and b there is no change in the position or location of the infrastructure; and c the repair or replacement of the infrastructure uses materials of the same type as the existing infrastructure. 19 Maintaining any other existing consented activity as provided for in section 8(3). In Schedule 1AB, Part 2, after clause 3, insert: 4 Pastoral activities listed in this Part are discretionary pastoral activities only if they are not permitted under Part 1. In Schedule 1AB, Part 4, replace the definition of curtilage with: curtilage — a means the area of ground immediately surrounding a dwelling or other main building; and b includes any ancillary buildings or amenity plantings; but c does not include land for grazing In Schedule 1ABA(1), replace To be satisfied under section 11(2), the Commissioner must with For the purposes of section 11(2)(b) , the Commissioner may . 3 Consequential amendments to regulations In the Schedule, Part 6, item 1, revoke the items in paragraphs (b) and (f). After regulation 6, insert: 6A Information required in application for grant of secondary use permit An application for the grant of a secondary use permit must include the following information: a the full name, phone number, and email address (if any) of the applicant: b the lease to which the application relates: c a description of the proposed activity: d a description of the location of the proposed activity: e a map indicating the location of the proposed activity: f a description of any potential effects of the proposed activity on inherent values: g a description of the potential effects of the proposed activity on the current carrying capacity of the lease land: h an assessment of any other impacts on the viability of pastoral farming on the land: i an explanation of how the proposed secondary use will help support long-term pastoral farming of the lease: j the proposed financial projections or annual returns (whichever is applicable) relevant to the application.