(1) There shall be deemed to be reserved from the sale or other disposition of any land by the Crown a strip of land 20 metres wide extending along and abutting the landward margin of—

(2) There shall be deemed to be reserved from the sale or other disposition by the Crown of any land extending along and abutting the landward margin of any lake controlled by artificial means a strip of land that—

[(2A) Where the Crown proposes to sell or otherwise dispose of any land, the responsible department of State or agency shall notify the Director-General of the proposal; and the sale or other disposition shall have no effect unless and until that requirement is complied with.]

(3) Every strip of land of any width that, immediately before the commencement of this section, was reserved from sale or other disposition on any Crown land by or under this Act or any other Act, whether or not the strip was reserved for any specified purpose, shall be deemed to be reserved to the Crown as marginal strip of the same width.

(4) Nothing in this section shall affect any right, title, or interest any person may have in respect of any assets or improvements lawfully existing on any marginal strip at the commencement of this section.

(5) Nothing in this section shall limit or affect section 230 of the Resource Management Act 1991.]

(6) Every disposition of any land by the Crown to a State enterprise pursuant to the State-Owned Enterprises Act 1986, on or after the commencement of this section (whether the agreement to dispose of that land was entered into before that date or is entered into after that date), shall be deemed to be a disposition of land for the purposes of this section.

(7) Notwithstanding subsection (6) of this section, where the freehold of any land subject to a lease or licence under the Land Act 1948 is transferred by the Crown to [Landcorp Farming Limited], the reservation of any marginal strip on any part of the land to which the lease or licence relates shall not have effect until either the lease or licence is renewed or the freehold of the area to which the lease or licence relates is transferred to the lessee or licensee, whichever first occurs.

[(7A) Every disposition of land by the Crown to a Crown Research Institute pursuant to the Crown Research Institutes Act 1992 shall be deemed to be a disposition of land for the purposes of this section.]

[(7B) Nothing in this section applies to the vesting or proposed vesting of any reserve under section 26 of the Reserves Act 1977.]

(8) Except as otherwise expressly provided, this section shall apply to the disposition of any land by the Crown under the provisions of any enactment.

[(9) For the purposes of this section, a disposition by the Crown in relation to any land, includes—

(a) The grant of a Crown forestry licence under the Crown Forest Assets Act 1989:

(b) The grant or renewal of a lease or licence under the Land Act 1948:

Hist. s24(1)(c): Words "(not being a ... generation of electricity)" substituted for omitted words "(not being a canal under the control of the Electricity Corporation of New Zealand Limited used by the Corporation for, or as part of any scheme for, the generation of electricity)" on 14 May 1999 by 1998 No 88, s100 & SR 1999/115/2.

Hist. s24(5): Repealed and substituted on 1 October 1991 by 1991 No 69, s362. The repealed s24(5) is listed below for reference.

"(5) Nothing in this section shall limit or affect section 289 of the Local Government Act 1974."

Hist. s24(7): Words "Landcorp Farming Limited" substituted for omitted words "Land Corporation [] Limited" on 12 April 2001 by SR 2001/23/4.

Hist. s24(7): Words "of New Zealand" omitted after word "Corporation" on 13 March 1996 by 1996 No 1, s9(2).

Hist. s24(7A): Inserted on 1 July 1992 by 1992 No 47, s46(1) and (3).

Hist. s24(7B): Inserted on 13 March 1996 by 1996 No 1, s9(3).

Hist. s24(9): Repealed and substituted on 28 August 1990 by 1990 No 106, s2. The repealed s24(9) is listed below for reference.

"(9) For the purposes of this section, a 'disposition', in relation to any land, includes the grant of a Crown forestry licence under the Crown Forest Assets Act 1989, and also includes the grant or renewal of a lease or licence under the Land Act 1948."

Hist. s24: Repealed and Part 4A (comprising s24 to s24J) inserted on 10 April 1990 by 1990 No 31, s15. The repealed s24 is listed below for reference.

"(1) Subject to the provisions of this section, no interest in a marginal strip shall be granted or disposed of.

"(2) Every marginal strip shall be held for conservation purposes, and, subject to sections 18 to 23 of this Act, shall be managed—

"(a) For the conservation of its natural and historic resources and those of the adjacent water; and

"(b) Subject to the conservation of those resources, so as to enable public access to the adjacent water.

"(3) Subject to subsection (5) of this section, if satisfied that the retention in public ownership of any part (not being a part less than 3 metres from the tide mark, level, or bank concerned) of any marginal strip is neither necessary to ensure reasonable and practical public access to the adjacent water nor desirable for conservation purposes, the Minister may, by notice in the Gazette describing the part, declare it not to be required as marginal strip.

"(4) Subject to subsection (5) of this section, if satisfied that all or part of a marginal strip—

"(a) Was, immediately before the commencement of this Act, occupied by—

"(i) Any aqueduct, bridge, boom anchor, canal, control gate, dam, flume, headrace, penstock, power station, screen, spillway, switching gear, surge chamber, tailrace, transmission tower, tunnel, or weir, used by Electricity Corporation of New Zealand Limited for or in connection with the generation, transmission, or supply of electricity; or

"(ii) Any similar structure or device so used,—

"whether or not its construction was then completed; or

"(b) Will necessarily be used in connection with any such structure or device; or

"(c) Should not be open to the public because of the dangers of any such structure or device,—

the Minister may, by notice in the Gazette, describing the strip or part, declare it be required in connection with electricity works; and may thereafter dispose of it to the corporation without complying with section 26 of this Act.

"(5) Before publishing a notice under subsection (3) or subsection (4) of this section, the Minister shall give public notice of intention to do so; and section 49 of this Act shall apply accordingly.

"(6) Subject to subsection (2) of this section, the Minister may, if it is in accordance with the management plan of a marginal strip,—

"(a) Enter into an agreement with the owner of any adjacent land for the owner to use or develop all or any part of the strip; and

"(b) In accordance with any such agreement, close all or any part of the strip under section 13(1)(a) of this Act:

"(c) Authorise the Director-General to do any work on the strip

"(7) If satisfied that it is in the public interest to do so, the Minister may refuse to renew any lease of or permit issued in respect of any conservation area, unless the lessee or permit-holder surrenders the lease or permit in respect of—

"(a) All marginal strips forming part of the area; or

"(b) Such of those strips, and such parts of any of those strips, as the Minister specifies.

"(8) Where any Crown land or State forest land is, on or after the commencement of this Act, vested in or transferred to a State enterprise under the State-Owned Enterprises Act 1986, so much of the land as would, if it were all a conservation area, be a marginal strip shall thereupon become a marginal strip."

(1) Notwithstanding section 24 of this Act, in the case of a marginal strip extending along and abutting the landward margin of the sea or a lake, the Minister may [, at any time before the disposition by the Crown of the land adjoining the marginal strip,] approve the reduction of the width of the strip to not less than 3 metres if he or she is satisfied that its value in terms of the purposes specified in section 24C of this Act will not be diminished.]

[(2) Notwithstanding section 24 of this Act, in the case of land extending along and abutting the bed of a river or stream where—

Hist. s24A(1) inserted words ", at any time before the disposition by the Crown of the land adjoining the marginal strip," on 13 March 1996 by 1996 No 1, s10(1).

Hist. s24A(2) inserted on 13 March 1996 by 1996 No 1, s10(2).

Hist. Part 4A (comprising s24 to s24J) inserted on 10 April 1990 by 1990 No 31, s15.

(1) Where the Crown proposes to sell or otherwise dispose of any land, the proposal shall be subject to the succeeding provisions of this section.

(2) During the period of 20 working days commencing on the day after the date of the receipt of a notification under section 24(2A) of this Act in respect of the proposal,—

(a) The sale or other disposition shall not proceed; and

(3) If the Director-General fails to notify the responsible department or agency in accordance with subsection (2)(b) of this section, the department or agency may proceed with the sale or other disposition after the expiration of the period specified in that subsection and section 24 of this Act shall apply accordingly.

(4) If the Director-General notifies the responsible department or agency in accordance with subsection (2)(b) of this section that he or she intends to investigate the proposal,—

(5) In considering whether to require the reservation of any marginal strip having a width exceeding 20 metres, the Minister shall have regard to whether increasing the width of the marginal strip is necessary—

(6) Where the reservation of any marginal strip under section 24(1) of this Act creates a residual area of land that is of such size or shape that it has little or no potential use either alone or in conjunction with the remainder of the land being sold or disposed of, that residual area of land may be added to the marginal strip by agreement between the responsible department or agency, and the Minister.

(7) Where the disposition takes the form of the renewal of a lease or licence under the Land Act 1948 that is referred to in section 24(7) of this Act, the lessee or licensee is entitled to a reduction in rent or fees or royalties for any injurious affection to the lessee or licensee caused by any reservation of a marginal strip having a width exceeding 20 metres.

(8) Any reduction in rent or fees or royalties payable under this section shall be assessed by the Minister responsible for the administration of the land.

(9) A lessee or licensee shall not be entitled to a reduction in rent or fees or royalties by reason only of any increase in the width of any marginal strip.

(10) The costs of and incidental to the investigation and assessment of increasing the width of any marginal strip shall be paid by the Director-General.

(11) The Minister may require that the whole or any part of a marginal strip be of a width exceeding 20 metres.]

Hist. s24AA inserted on 13 March 1996 by 1996 No 1, s11.

(1) Subject to subsection (2) of this section, the Minister may at any time before the disposition by the Crown of any land extending along and abutting the bed of any river or stream (being a bed of not less than 3 metres in width), by notice in the Gazette, declare that section 24 of this Act shall not apply to the proposed disposition.

(2) The Minister may make a declaration under subsection (1) of this section only if satisfied—

(3) Notwithstanding subsection (2) of this section, where the Minister proposes to grant an exemption under this section in respect of the renewal of a lease or licence under the Land Act 1948 but is precluded from doing so by that subsection, the Minister may grant the exemption if satisfied that the proposal is equitable and in the public interest.

(4) The Minister may, by notice in the Gazette, declare that section 24 of this Act shall not apply to any proposed disposition of—

(5) A notice under subsection (4)(a) of this section shall have effect only so long as the core assets concerned remain assets of the [State enterprise].

(6) For the purposes of subsection (4)(a) of this section, the term "core assets" means—

(7) Nothing in section 24 of this Act shall apply to any disposition in respect of which a notice is given under this section.]

Hist. s24B(4)(a): Words "a State enterprise ... generator of electricity" substituted for omitted words "the Electricity Corporation of New Zealand Limited" on 14 May 1999 by 1998 No 88, s100 & SR 1999/115/2.

Hist. s24B(5): Words "State enterprise" substituted for omitted word "Corporation" on 14 May 1999 by 1998 No 88, s100 & SR 1999/115/2.

Hist. s24B(6)(a): Words "used by a ... supply of electricity" substituted for omitted words "used by the Electricity Corporation of New Zealand Limited for or in connection with the generation, transmission, or supply of electricity" on 14 May 1999 by 1998 No 88, s100 & SR 1999/115/2.

Hist. Part 4A (comprising s24 to s24J) inserted on 10 April 1990 by 1990 No 31, s15.

(1) Where the Minister receives an application under section 24A (which relates to the reduction of the width of marginal strips) or section 24B (which relates to exemptions) of this Act, the Minister shall consult the relevant Conservation Board and Fish and Game Council.

(2) On being satisfied that it is reasonable in the circumstances to do so, the relevant Conservation Board or Fish and Game Council may request the Minister to publicly notify the proposal.

(3) On receipt of a request under subsection (2) of this section that the Minister considers reasonable in the circumstances, the Minister may publicly notify the proposal and section 49(1) of this Act shall apply accordingly; but the Minister is not obliged to publicly notify the proposal.

(4) In considering whether or not it is reasonable in the circumstances to publicly notify an application, the Conservation Board or Fish and Game Council or the Minister, as the case may be, shall have regard to—

(5) The responsible department or agency disposing of the land shall pay to the Minister all the costs of and incidental to the public notification of the proposal in accordance with section 49 of this Act.]

(1) Upon the registration of any disposition by the Crown of any land under the Land Transfer Act 1952, the District Land Registrar of the land registration district affected shall, without fee, record on the certificate of title for that land a statement to the effect that the land to which the certificate of title relates is subject to this Part of this Act.

[(1A) Upon being notified of any reduction in the width of any marginal strip under section 24A or any increase in the width of any marginal strip under section 24AA or any exemption under section 24B of this Act, where there is a certificate of title for the land under the Land Transfer Act 1952, the District Land Registrar shall, without fee, record the reduction or increase or exemption on the certificate of title.]

(2) Upon being notified of any disposition by the Crown of any land not registered under the Land Transfer Act 1952, the Chief Surveyor shall, without fee, record on the proper plans and records of the land registration district affected a statement to the effect that the land so transferred is subject to this Part of this Act.

[(2A) Upon being notified of any reduction in the width of any marginal strip under section 24A or any increase in the width of any marginal strip under section 24AA or any exemption under section 24B of this Act, where the land is not registered under the Land Transfer Act 1952, the Chief Surveyor shall, without fee, record the reduction or increase or exemption on the proper plans and records.]

(3) The Chief Surveyor shall, without fee, in the manner the Chief Surveyor considers most appropriate, cause the proper plans of every land registration district to show the marginal strips [(including details of the reduction in the width of any marginal strip under section 24A or the increase in the width of any marginal strip under section 24AA of this Act)] within that district.

(4) All land that is subject to this Part of this Act shall remain subject to this Part and the statements specified in subsections (1) and (2) of this section shall continue to be recorded on the certificates of title for that land and on all subsequent certificates of title for that land and on all the proper plans and records of the land registration district affected, as the case may be, notwithstanding—

(5) Every statement recorded on a certificate of title in compliance with subsection (1) of this section shall be deemed to sufficiently protect any reservation made by this Part of this Act in respect of any portion of the land comprised in that certificate of title, and no certificate of title shall be impeached on the ground of uncertainty or otherwise on account of any such reservation.

(6) The land comprised in any certificate of title that bears a statement recorded in compliance with subsection (1) of this section—

(7) Notwithstanding anything in the Land Transfer Act 1952, land reserved as marginal strip under section 24 of this Act shall not be required to be surveyed for the purposes of that Act.]

Hist. s24D(3) inserted words "(including details of ... of this Act)" on 13 March 1996 by 1996 No 1, s13(3).

Hist. Part 4A (comprising s24 to s24J) inserted on 10 April 1990 by 1990 No 31, s15.

(1) The Minister may, by notice in the Gazette, authorise the exchange of any marginal strip for another strip of land.

(2) The Minister shall not authorise the exchange of any marginal strip unless the Minister is satisfied that the exchange will better achieve the purposes specified in section 24C of this Act.

(3) The land taken by the Crown in exchange for any marginal strip shall be deemed to be reserved as marginal strip.

(4) The Minister may authorise the payment or receipt by the Crown of money by way of equality of exchange in any case under this section; and all money so received shall be paid into the Department of Conservation Grants and Gifts Trust Account, and shall be applied, without further appropriation than this section, for the purposes of this Act.

(5) The Minister or the Director-General may, on behalf of the Crown, do all such things as may be necessary to effect any exchange authorised under this section.

(6) District Land Registrars are hereby authorised and directed to make such entries in registers and do all such other things as may be necessary to give effect to exchanges authorised under this section.]

Hist. Part 4A (comprising s24 to s24J) inserted on 10 April 1990 by 1990 No 31, s15.

Notwithstanding any other enactment or rule of law, where the Crown owns part of the bed of a non-navigable river or stream adjoining any land (being a bed of not less than 3 metres in width) and disposes of that land, that part of the bed of that river or stream shall remain owned by the Crown.]

Hist. Part 4A (comprising s24 to s24J) inserted on 10 April 1990 by 1990 No 31, s15.

(1) Where, for any reason, the shape of any foreshore or of the margin of any lake or reservoir or of any bay or inlet of any lake or reservoir is altered and the alteration affects an existing marginal strip, a new marginal strip shall be deemed to have been reserved simultaneously with each and every such alteration.

(2) Where, for any reason, the course of any river or stream is altered and the alteration affects an existing marginal strip, a new marginal strip shall be deemed to have been reserved simultaneously with each and every such alteration.

(3) With respect to any foreshore, to any lake or reservoir and to any bay or inlet of any lake or reservoir, and to any river or stream, a marginal strip shall be reserved by subsection (1) or subsection (2) of this section on all land of the Crown, and on all land the title to which is subject to this Part of this Act, and on no other land.

(4) Every marginal strip reserved by subsection (1) or subsection (2) of this section shall be of such dimensions and be situated as if the marginal strip had been reserved under section 24 of this Act, and shall extinguish either in whole or in part, as the case may require, the existing reservation of the existing marginal strip which would have continued but for the alterations referred to in those subsections.

(5) Nothing in this section shall affect any right, title, or interest any person may have in respect of any assets or improvements existing on any marginal strip at the time such marginal strip is reserved by subsection (1) or subsection (2) of this section.

(6) Subject to this section, the provisions of this Act shall apply to every marginal strip reserved by subsection (1) or subsection (2) of this section as if such marginal strip had been reserved by section 24 of this Act.

(7) Nothing in this section shall apply to any marginal strip reserved by section 24(3) of this Act.]

(1) The Minister may from time to time appoint suitable persons to be managers of marginal strips.

(2) Subject to subsection (6)(c) of this section, the Minister may appoint one of the following persons to be the manager of any marginal strip:

{ Editorial Note: Prior written consent of Minister of Conservation required before preliminary proposal to holder of reviewable lease (or instrument) by the Commissioner may designate

subject to appointment of a manager under this subsection. See section 41(1)(d). }

(3) The Crown shall manage all marginal strips around controlled lakes and reservoirs; but any costs relating to any such strip that are costs arising out of electricity generation in the area of the strip shall be payable by the person or body responsible for that electricity generation.

(4) Subject to this section, the manager of a marginal strip shall—

(5) Subject to this section, the manager of a marginal strip may make improvements to the strip, and the improvements may include such planting or harvesting of crops or trees as may be provided for in any Crown forestry licence under the Crown Forest Assets Act 1989 affecting or relating to the strip or in any agreement between the manager and the Crown.

(6) In the case of the holder of a Crown forestry licence under the Crown Forest Assets Act 1989, the following provisions shall also apply:

(7) The manager of a marginal strip may request the Minister to close temporarily the strip under section 13 of this Act where any operation proposed on the strip will significantly affect public safety or where fire hazard conditions exist.

(8) The manager of a marginal strip shall comply with any reasonable requirements or restrictions imposed in respect of the strip by the Minister by notice in writing to the manager; and the Minister shall impose such requirements or restrictions, or both, as the Minister considers reasonably necessary or expedient to protect the strip, having particular regard to the maintenance of riparian vegetation, wildlife, water quality, the health of aquatic life, and to maintain access to and the recreational use of the strip.

(9) The Minister shall not require the manager of any marginal strip to fence off any part of that strip, or to undertake any other works on or relating to that strip, unless the expenses associated with such fencing or other works are borne by the Crown.

(10) The Minister shall consult the appropriate manager where—

(11) The manager of a marginal strip shall obtain the written consent of the Minister before making any significant change to the management regime of the strip, and before making or erecting any significant improvements to or on the strip.

(12) Subject to subsection (9) of this section, any expense incurred by a manager under this section shall be borne by the manager.

(13) Every manager of a marginal strip commits an offence who—

Hist. s24I repealed on 1 July 1996, by 1996 No 1, s15(1). The repealed s24I is listed below for reference.

Hist. Part 4A (comprising s24 to s24J) inserted on 10 April 1990 by 1990 No 31, s15.

(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) of this section, where the Crown resumes the management of a marginal strip, it shall be liable to pay to the manager of the strip—

(3) 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) of this Act.

(4) 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) of this section, the amount shall be fixed by arbitration in accordance with the [Arbitration Act 1996].

(5) 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.

(6) Notwithstanding subsection (4) of this section, the parties may agree on the amount to be paid under subsection (2) of this section, 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.]

Hist. s24J(4) reference to "Arbitration Act 1996" substituted for reference to "Arbitration Act 1908" on 1 July 1997 by 1996 No 99, s18 & 1924 No 11, s21(1).

Hist. s24J(5) reference to "Arbitration Act 1996" substituted for reference to "Arbitration Act 1908" on 1 July 1997 by 1996 No 99, s18 & 1924 No 11, s21(1).

Hist. Part 4A (comprising s24 to s24J) inserted on 10 April 1990 by 1990 No 31, s15.

(1) In this section and in section 24L of this Act—

Crown transferee company has the same meaning as in section 2 of the New Zealand Railways Corporation Restructuring Act 1990:

Railway operator has the same meaning as in section 2 of the New Zealand Railways Corporation Restructuring Act 1990.

(2) The provisions of section 24D of this Act shall apply in relation to a disposition of land of the kind referred to in section 24(9)(c) of this Act with such modifications as shall be necessary and as if the reference in subsection (1) of that section to the registration of any disposition by the Crown were a reference to the registration of a Crown transferee company as the proprietor of the land in accordance with section 9(1)(a) of the New Zealand Railways Corporation Restructuring Act 1990.

(3) This Part of this Act (except section 24L) does not apply to—

(4) The Minister shall give a notice under subsection (3)(b) of this section in any case where he or she is satisfied that—

(5) In giving an approval under subsection (3)(b) of this section the Minister may impose such conditions as he or she thinks fit in connection with the construction of the proposed alterations to the railway line.

(6) Where, in relation to land of the kind referred to in subsection (3)(b) of this section, a statement that the land is subject to this Part of this Act has, in accordance with section 24D of this Act, been recorded on the certificate of title to the land or on the proper plans and records of the land registration district affected, the District Land Registrar of the land registration district affected or the Chief Surveyor, as the case may be, shall make such alterations to any existing certificates of title for that land or to the plans and records of the land registration district, as the case may be, as shall be necessary for the purpose of recording the fact that the land is no longer subject to this Part of this Act.

(7) Where, in relation to any land of the kind referred to in subsection (3) of this section,—

the land shall immediately become subject to this Part of this Act and the provisions of section 24D of this Act shall apply with such modifications as shall be necessary and as if—

(8) Nothing in this Part of this Act limits or affects the application of sections 30 and 31 of the New Zealand Railways Corporation Act 1981 or section 31 of the New Zealand Railways Corporation Restructuring Act 1990.]

Every railway operator must allow members of the public to have access on foot over land that would, but for subsection (3) of section 24K of this Act, be reserved as a marginal strip, except land that is within 5 metres of a line drawn midway between the rails of a railway line, unless, in the opinion of the railway operator, such access would be likely to endanger the safety of persons or property.]