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LAND ACT 1994 - SECT 176K
Application to amalgamate
176K Application to amalgamate
(1) The lessee of 2 or more leases (the
"existing leases" ) may apply for approval to amalgamate them only if— (a)
the lessee is the lessee of all of them; and
(b) they are of the same tenure
type; and
(c) the lease land for the existing leases is contiguous.
(1A) For
subsection (1) (b) , 2 or more leases are taken to be of the same tenure type
if— (a) each lease is for land on a regulated island, and is either a term
lease for tourism purposes or a perpetual lease for tourism purposes; or
(b)
each lease is either a term lease for pastoral purposes or a perpetual lease
for pastoral purposes. Example— Two leases would be taken to be of the same
tenure type for subsection (1) (b) if they were both for pastoral purposes
even though one lease was a term lease and the other was a perpetual lease.
(2) If the lessee comprises 2 or more persons, each person must be a party to
the application.
(3) The application must be accompanied by— (a) a
statement of the applicant’s reasons for seeking the proposed amalgamation;
and
(b) a statement by the relevant local government of its views on the
proposed amalgamation; and
(c) the written consent of all persons with a
registered interest in the lease land for the existing leases.
(4) However,
consent under subsection (3) (c) must not be unreasonably withheld.
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