sec.158Application for new lease

### sec.158 Application for new lease The lessee of a term lease may apply for an offer of a new lease (a renewal application ) unless— the chief executive has given the lessee a notice under section 157B (2) (a) and the chief executive is continuing to consider whether to make a decision under that section; or the chief executive has made either of the following decisions on the ground that a new lease is not the most appropriate form of tenure for the lease land— a decision not to make an offer of a new lease under section 157B ; a decision to refuse an earlier renewal application; or a condition of the lease or this Act prohibits the renewal of the lease. A renewal application may be made only after 80% of the existing term of the lease has expired unless, in the Minister’s opinion, special circumstances exist. A renewal application may be rejected without being considered under section 159 if— the chief executive has made either of the following decisions other than on the ground that a new lease is not the most appropriate form of tenure for the lease land— a decision not to make an offer of a new lease under section 157B ; a decision to refuse an earlier renewal application; and there is no relevant change in circumstances from the decision under section 157B or the earlier application. In this section— existing term , of the lease, does not include an extension under division 1B of the term of the lease. s 158 amd 1995 No. 57 s 4 sch 1 ; 2007 No. 19 s 70 ; 2010 No. 12 s 113 ; 2013 No. 23 s 67 ; 2023 No. 2 s 18 (sec.158-ssec.1) The lessee of a term lease may apply for an offer of a new lease (a renewal application ) unless— the chief executive has given the lessee a notice under section 157B (2) (a) and the chief executive is continuing to consider whether to make a decision under that section; or the chief executive has made either of the following decisions on the ground that a new lease is not the most appropriate form of tenure for the lease land— a decision not to make an offer of a new lease under section 157B ; a decision to refuse an earlier renewal application; or a condition of the lease or this Act prohibits the renewal of the lease. (sec.158-ssec.2) A renewal application may be made only after 80% of the existing term of the lease has expired unless, in the Minister’s opinion, special circumstances exist. (sec.158-ssec.3) A renewal application may be rejected without being considered under section 159 if— the chief executive has made either of the following decisions other than on the ground that a new lease is not the most appropriate form of tenure for the lease land— a decision not to make an offer of a new lease under section 157B ; a decision to refuse an earlier renewal application; and there is no relevant change in circumstances from the decision under section 157B or the earlier application. (sec.158-ssec.4) In this section— existing term , of the lease, does not include an extension under division 1B of the term of the lease. - (a) the chief executive has given the lessee a notice under section 157B (2) (a) and the chief executive is continuing to consider whether to make a decision under that section; or - (b) the chief executive has made either of the following decisions on the ground that a new lease is not the most appropriate form of tenure for the lease land— (i) a decision not to make an offer of a new lease under section 157B ; (ii) a decision to refuse an earlier renewal application; or - (i) a decision not to make an offer of a new lease under section 157B ; - (ii) a decision to refuse an earlier renewal application; or - (c) a condition of the lease or this Act prohibits the renewal of the lease. - (i) a decision not to make an offer of a new lease under section 157B ; - (ii) a decision to refuse an earlier renewal application; or - (a) the chief executive has made either of the following decisions other than on the ground that a new lease is not the most appropriate form of tenure for the lease land— (i) a decision not to make an offer of a new lease under section 157B ; (ii) a decision to refuse an earlier renewal application; and - (i) a decision not to make an offer of a new lease under section 157B ; - (ii) a decision to refuse an earlier renewal application; and - (b) there is no relevant change in circumstances from the decision under section 157B or the earlier application. - (i) a decision not to make an offer of a new lease under section 157B ; - (ii) a decision to refuse an earlier renewal application; and