sec.176KApplication to amalgamate

### sec.176K Application to amalgamate The lessee of 2 or more leases (the existing leases ) may apply for approval to amalgamate them only if— the lessee is the lessee of all of them; and they are of the same tenure type; and the lease land for the existing leases is contiguous. For subsection (1) (b) , 2 or more leases are taken to be of the same tenure type if— 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 each lease is either a term lease for pastoral purposes or a perpetual lease for pastoral purposes. 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. If the lessee comprises 2 or more persons, each person must be a party to the application. The application must be accompanied by— a statement of the applicant’s reasons for seeking the proposed amalgamation; and a statement by the relevant local government of its views on the proposed amalgamation; and the written consent of all persons with a registered interest in the lease land for the existing leases. However, consent under subsection (3) (c) must not be unreasonably withheld. s 176K ins 2007 No. 19 s 87 amd 2014 No. 29 s 56 (sec.176K-ssec.1) The lessee of 2 or more leases (the existing leases ) may apply for approval to amalgamate them only if— the lessee is the lessee of all of them; and they are of the same tenure type; and the lease land for the existing leases is contiguous. (sec.176K-ssec.1A) For subsection (1) (b) , 2 or more leases are taken to be of the same tenure type if— 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 each lease is either a term lease for pastoral purposes or a perpetual lease for pastoral purposes. 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. (sec.176K-ssec.2) If the lessee comprises 2 or more persons, each person must be a party to the application. (sec.176K-ssec.3) The application must be accompanied by— a statement of the applicant’s reasons for seeking the proposed amalgamation; and a statement by the relevant local government of its views on the proposed amalgamation; and the written consent of all persons with a registered interest in the lease land for the existing leases. (sec.176K-ssec.4) However, consent under subsection (3) (c) must not be unreasonably withheld. - (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. - (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. - (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.