Public Bodies Leases Act 1969

• Jurisdiction: New Zealand
• Citation: 1969 No 141
• Reference: 1969 No 141
• Record Number: DLM394841
• Act Number: 141
• Type of Document: Act

Contenidos

• Public Bodies Leases Act 1969
• Preamble
• Contents
• 1 Short Title and commencement
• 2 Interpretation
• 3 Leasing authorities
• 4 Leasing powers conferred on leasing authorities by other Acts or by trusts
• 5 Leasing of land to Crown
• Part 1
• 6 Application
• 7 Powers of leasing authority to grant leases
• 8 Leases may be sold by public auction or public tender
• 9 Leasing authority may offer land for lease at a rent determined by leasing authority
• 10 Payment by incoming lessee of value of improvements
• Part 2
• 11 Powers of leasing authority to grant leases
• 12 Short tenancies for farming purposes
• 13 Renewable leases
• 14 Compensation for improvements
• 15 Land to be properly farmed
• 16 Inspection of leased land
• Part 3
• 17 Public applications for lease
• 18 Commencement of lease
• 19 Reservation of rack rent
• 20 Covenants and conditions in leases
• 21 Lease may authorise waste
• 22 Periodic review of rents
• 23 Powers of leasing authority as to surrender of lease, reduction of rent, etc
• 23A Leases may be granted to subtenants
• 23B Power to lease reserves exercisable only by special order, unless otherwise provided
• 23C Leasing of adjoining land when leased land taken or acquired for public work
• 24 Lease not invalidated by failure of leasing authority to observe provisions of Act
• 25 Service of notices
• 26 Application of Act to renewals of existing leases
• 27 Grant of renewable leases of farm land to existing lessees without competition
• 28 Repeals and consequential amendments
• Schedules
• 1 Provisions of renewable lease granted under section 7(1) (e) or section 11(b)
• 2 Provisions of lease granted under section 7(1) (f)
• 3 Enactments amended
• Counties Act 1956 (1956 No 64) (1957 Reprint, Vol 3, p 1)
• Lincoln College Act 1961 (1961 No 52)
• Massey University Act 1963 (1963 No 7)
• Municipal Corporations Act 1954 (1954 No 76) (1957 Reprint, Vol 10, p 377)
• Trustee Savings Banks Act 1948 (1948 No 62) (1957 Reprint, Vol 16, p 240)
• University of Auckland Act 1961 (1961 No 50)
• University of Canterbury Act 1961 (1961 No 49)
• University of Otago Amendment Act 1961 (1961 No 48)
• University of Waikato Act 1963 (1963 No 8)
• Victoria University of Wellington Act 1961 (1961 No 51)
• 1 General
• 2 Legal status
• 3 Editorial and format changes
• 4 Amendments incorporated in this reprint

Public Bodies Leases Act 1969

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Department of Internal Affairs.

Preamble

An Act to consolidate and amend the law relating to the powers of certain public bodies to lease land

Contents

1 Short Title and commencement

This Act may be cited as the Public Bodies Leases Act 1969.

This Act shall come into force on 1 January 1970.

2 Interpretation

In this Act, unless the context otherwise requires,—

council means a territorial authority or a regional council within the meaning of the Local Government Act 2002

farm land means land which is used, or in the opinion of the leasing authority should be used, exclusively or principally for the cultivation of the soil for the production of food products and other useful products of the soil, including the use of the land for horticultural or pastoral purposes or the keeping of pigs, bees, or poultry; and farming purposes has a corresponding meaning

leasing authority means—

2. every person or body of persons, whether incorporated or not, declared by or pursuant to the provisions of any enactment, whether passed before or after the commencement of this Act, to be a leasing authority for the purposes of this Act or for the purposes of the Public Bodies' Leases Act 1908 or any corresponding former Act:

3. every person or body of persons declared by the Minister, pursuant to section 3, to be a leasing authority for the purposes of this Act

lessee includes the successors, executors, administrators, and assigns of a lessee

Minister means the Minister of Local Government

public notice means a notice published in 1 or more newspapers circulating in the district in which the land to which the notice relates is situated.

1908 No 240 s 2

Section 2 council: replaced, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

Section 2 leasing authority paragraph (a): repealed, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

Section 2 leasing authority paragraph (b): amended, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

Section 2 Minister: amended, on 1 April 1980, by section 10(7) (a) of the Local Government Amendment Act 1979 (1979 No 59).

3 Leasing authorities

The Minister, if he thinks fit, may from time to time, by notice in the Gazette,—

1. declare that any person or body of persons, whether incorporated or not, having power to lease any land held in trust, reserved, or set apart for religious, charitable, educational, scientific, or public purposes (whether or not the land is vested in that person or body of persons and whether the trust or reservation or setting apart is created or made by statute or in any other manner) is a leasing authority for the purposes of this Act:

provided that no person or body of persons may be declared to be a leasing authority under this paragraph except at his or its request:

2. declare that any person or body of persons declared to be a leasing authority under paragraph (a), or by an Order in Council made under section 4 of the Public Bodies' Leases Act 1908 or under the corresponding provisions of any former enactment , shall cease to be a leasing authority for the purposes of this Act.

Any such notice by the Minister may impose such exceptions, restrictions, limitations, or conditions (if any) as the Minister thinks fit on the exercise by the leasing authority of the powers conferred on leasing authorities by this Act.

No notice by the Minister purporting to have been issued under this Act shall be questioned or invalidated on the ground of want of jurisdiction to issue it or of any irregularity in the exercise of such jurisdiction.

1908 No 240 s 4

Section 3(1) (b): amended, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

4 Leasing powers conferred on leasing authorities by other Acts or by trusts

The powers conferred by this Act on a leasing authority shall be in addition to and not in substitution for any powers vested in that authority by any other Act for the time being in force, whether passed before or after the commencement of this Act, or by any trust, whether created before or after the commencement of this Act, save that no power conferred by this Act shall be exercised by any leasing authority if the exercise of that power would be contrary to the provisions of any such Act or trust.

1908 No 240 s 3

Section 4(1): amended, on 1 April 1978, by section 7(3) of the Local Government Amendment Act (No 3) 1977 (1977 No 122).

Section 4(2): repealed, on 1 April 1978, by section 7(3) of the Local Government Amendment Act (No 3) 1977 (1977 No 122).

5 Leasing of land to Crown

Notwithstanding anything in this Act or in any other Act, where any local authority or public body, whether or not it is a leasing authority under this Act, has power to lease any land, it may lease the land to Her Majesty the Queen or to any other local authority or public body by private contract for such term, at such rent, and subject to such conditions as it thinks fit.

1943 No 9 s 20

Section 5: amended, on 1 April 1978, by section 7(3) of the Local...