Land Settlement Promotion Amendment Act 1961
Land Settlement Promotion Amendment Act 1961
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Land Settlement Promotion Amendment Act 1961
Land Settlement Promotion Amendment Act 1961
Public Act |
1961 No 21 |
|
Date of assent |
18 October 1961 |
|
Contents
An Act to amend the Land Settlement Promotion Act 1952
BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:
1 Short Title
This Act may be cited as the Land Settlement Promotion Amendment Act 1961, and shall be read together with and deemed part of the Land Settlement Promotion Act 19521 (hereinafter referred to as the principal Act).
2 Repealing provisions as to personal residence
The principal Act is hereby amended—
(a)
By repealing paragraph (c) of subsection (1) of section 24:
(b)
By omitting from paragraph (d) of the same subsection the words “paragraphs (a), (b), and (c)”
, and substituting the words “paragraphs (a) and (b)”
:
(c)
By omitting from section 26 the words “paragraphs (a), (b), and (c)”
, and substituting the words “paragraphs (a) and (b)”
:
(d)
By repealing sections 32 and 33.
3 Consent after hearing
The principal Act is hereby further amended by repealing section 29, and substituting the following section:
“29
“(1)
If the Land Valuation Committee, upon considering an application for consent and after hearing such evidence as it thinks fit, is satisfied—
“(a)
That the completion of the transaction will not cause an undue aggregation of farm land; and
“(b)
In any case to which section 29a of this Act applies, that the transaction should be exempted from the provisions of subsection (1) of that section,—
the Committee shall make an order consenting to the transaction, either absolutely or subject to such conditions not inconsistent with the purposes of this Part of this Act as the Committee thinks fit, but, if it is not so satisfied, it shall make an order refusing the application.
“(2)
Where (whether before or after the commencement of this section) the Committee has made an order consenting to the transaction subject to conditions that are to be fulfilled before the completion of the transaction, the District Land Registrar or the Registrar of Deeds shall not register any instrument relating to the transaction, unless he is satisfied, by statutory declaration made by a party to the transaction or by notice from the Committee or otherwise, that those conditions have been fulfilled.”
4 Transactions by trustees or by companies having infant shareholders
The principal Act is hereby further amended by repealing section 29a (as inserted by subsection (1) of section 4 of the Land Settlement Promotion Amendment Act 1959), and substituting the following section:
“29a
“(1)
Notwithstanding anything in this Act, where—
“(a)
The purchaser or lessee under any transaction is a trustee and any person beneficially entitled under the trust is under the age of seventeen years at the date of the transaction; or
“(b)
The purchaser or lessee under any transaction is a company or a trustee for a company to be formed, and the members of the company or of the company to be formed are or will be fewer than ten in number and—
“(i)
Any member of the company or intended member of the company to be formed is under the age of seventeen years at the date of the transaction; or
“(ii)
Any member of the company or intended member of the company to be formed holds or will hold any shares therein as a trustee under a trust and any beneficiary under the trust is under the age of seventeen years at the date of the transaction,—
the Court or the Committee, as the case may be, shall not make an order consenting to the transaction unless, having regard to the matters specified in subsections (2) and (3) of this section, the Court or the Committee considers that the transaction should be exempted from the provisions of this subsection.
“(2)
The Court or the Committee may, at its discretion, exempt from the provisions of subsection (1) of this section any transaction to which paragraph (a) or subparagraph (ii) of paragraph (b) of that subsection applies, if it is satisfied that the trust has been created by an instrument which sufficiently evidences the terms thereof, and—
“(a)
That the persons beneficially entitled to the land or shares under the trust (whether their interests are vested or contingent) are engaged in a farming occupation or are receiving a special education to fit them for such an occupation, and the trust instrument provides that the land or shares shall ultimately vest in those persons or in such of them as fulfil the conditions of the trust; or
“(b)
That where—
“(i)
The owner of the land is a parent or grandparent of the persons beneficially entitled to the land or shares under the trust (whether their interests are vested or contingent); and
“(ii)
In any case to which the said paragraph (a) applies, the transaction would be exempt from the provisions of this Part of this Act by virtue of the provisions of paragraph (d) of subsection (3) of section 23 of this Act but for the fact that interests (whether vested or contingent) are created under the trust in favour of any child or wife or husband of the persons so beneficially entitled to the land or that interests are created under the trust contingent upon failure of any provision in favour of the persons so beneficially entitled to the land; and
“(iii)
In any case to which the said subparagraph (ii) of paragraph (b) applies, the transaction would in like manner be so exempt if it were a disposition of the land to the trustee of the shares,—
the owner of the land is retaining or will have an interest in farm land (including an interest as a shareholder in a company formed or to be formed) sufficient for the support of the owner and his or her spouse and such of the children of the owner as are dependent on the owner in a reasonable manner and in a reasonable standard of comfort, or that neither the owner nor his or her spouse has any intention of acquiring any interest in other farm land; or
“(c)
That the land is not suitable for the settlement or to facilitate the settlement of persons desirous of making a living from that land; or
“(d)
That, having regard to the provisions of paragraphs (a), (b), and (c) of this subsection, to the terms of the trust, and to all the circumstances of the case, it is equitable that such an exemption should be granted.
“(3)
The Court or the Committee may, at its discretion, exempt from the provisions of subsection (1) of this section any transaction to which subparagraph (i) of paragraph (b) of that subsection applies, if it is satisfied that—
“(a)
The member of the company or intended member of the company to be formed is engaged in a farming occupation or is receiving a special education to fit him for such an occupation; or
“(b)
That where the owner of the land is a parent or guardian of that member or intended member the owner of the land is retaining or will have an interest in farm land (including an interest as a shareholder in the company or in the company to be formed) sufficient for the support of the owner and his or her spouse and such of the children of the owner as are dependent on the owner in a reasonable standard of comfort, or that neither the owner nor his or her spouse has any intention of acquiring any interest in other farm land; or
“(c)
That the land is not suitable for the settlement or to facilitate the settlement of persons desirous of making a living from that land; or
“(d)
That, having regard to the provisions of paragraphs (a), (b), and (c) of this subsection, and to all the circumstances of the case, it is equitable that such an exemption should be granted.”
5 Consequential repeals
The following enactments are hereby consequentially repealed:
(a)
Section 5 of the Land Settlement Promotion Amendment Act 1955:
(b)
Sections 2, 4, and 6 of the Land Settlement Promotion Amendment Act 1959.
This Act is administered in the Department of Lands and Survey.
1 *1957 Reprint, Vol. 7, p. 553
Amendment: 1959, No. 33
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Versions
Land Settlement Promotion Amendment Act 1961
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