42Temporary licences

### 42 Temporary licences > > (1)  The Minister may grant to any person a licence called a "temporary licence" to take possession of and hold, for any time not exceeding 12 months from the date the licence is issued, any Crown lands therein specified for such purposes and on such terms and conditions as may be specified in the licence. > > > (2)  The terms and conditions in respect of temporary licences, the areas in respect of which they may be issued, and the fees payable therefor, respectively, may vary according to the purposes for which those licences are issued. > > > (3)  The holder of a temporary licence may, upon payment of the prescribed fee and subject to the prescribed conditions, transfer the licence to any other person to whom a temporary licence may be granted under this Act. > > > (4)  *\[Section 42 Subsection (4) amended by No. 23 of 1978, s. 6 and Sched. 1 \]*An instrument of transfer under this section shall be in such form as is approved by the Director-General and shall be executed and attested in the prescribed manner. > > > (5)  [*\[Section 42 Subsection (5) amended by No. 28 of 2015, s. 11, Applied:14 Sep 2015\]*](/view/html/inforce/2015-09-14/act-2015-028#GS11@Hpa@EN) [*\[Section 42 Subsection (5) substituted by No. 33 of 2003, s. 11, Applied:18 Jun 2003\]*](/view/html/inforce/2003-06-18/act-2003-033#GS11@Hpa@EN) The Minister may grant to any person a licence authorising that person to possess land that is not portfolio land, subject to the condition that the licence may be determined by the Minister by giving the person 3 months' notice at any time. > > > (5A)  [*\[Section 42 Subsection (5A) amended by No. 28 of 2015, s. 11, Applied:14 Sep 2015\]*](/view/html/inforce/2015-09-14/act-2015-028#GS11@Hpb@EN) [*\[Section 42 Subsection (5A) inserted by No. 33 of 2003, s. 11, Applied:18 Jun 2003\]*](/view/html/inforce/2003-06-18/act-2003-033#GS11@Hpa@EN) A Portfolio Minister may grant to any person a licence authorising that person to possess portfolio land, subject to the condition that the licence may be determined by the Portfolio Minister by giving the person 3 months' notice at any time. > > > (6)  [*\[Section 42 Subsection (6) amended by No. 33 of 2003, s. 11, Applied:18 Jun 2003\]*](/view/html/inforce/2003-06-18/act-2003-033#GS11@Hpc@EN) [*\[Section 42 Subsection (6) amended by No. 33 of 2003, s. 11, Applied:18 Jun 2003\]*](/view/html/inforce/2003-06-18/act-2003-033#GS11@Hpb@EN) [*\[Section 42 Subsection (6) inserted by No. 45 of 1998, s. 66, Applied:31 Dec 2001\]*](/view/html/inforce/2001-12-31/act-1998-045#GS66@EN) The Minister or Portfolio Minister, as the case may be, must not grant a temporary licence in respect of any Crown land reserved as a public reserve for which there is a management plan unless the Minister or Portfolio Minister is satisfied that the management and use of that land under the licence – > > > > > > (a) will be in accordance with the management plan; and > > > > > > > (b) will be consistent with the resource management and planning system objectives. > > > (7)  [*\[Section 42 Subsection (7) amended by No. 33 of 2003, s. 11, Applied:18 Jun 2003\]*](/view/html/inforce/2003-06-18/act-2003-033#GS11@Hpe@EN) [*\[Section 42 Subsection (7) amended by No. 33 of 2003, s. 11, Applied:18 Jun 2003\]*](/view/html/inforce/2003-06-18/act-2003-033#GS11@Hpd@EN) [*\[Section 42 Subsection (7) inserted by No. 45 of 1998, s. 66, Applied:31 Dec 2001\]*](/view/html/inforce/2001-12-31/act-1998-045#GS66@EN) The Minister or Portfolio Minister, as the case may be, must not grant a temporary licence in respect of any Crown land reserved as a public reserve for which there is not a management plan unless the Minister or Portfolio Minister is satisfied that the management and use of that land under the licence will be consistent with – > > > > > > (a) the purposes for which that land was reserved as a public reserve; and > > > > > > > (b) the management objectives specified in [Schedule 4](#JS4@EN) ; and > > > > > > > (c) the resource management and planning system objectives.