sec.61Conditions on trustee leases , subleases and trustee permits

### sec.61 Conditions on trustee leases , subleases and trustee permits A trustee lease or sublease of trust land must not be for more than 30 years. However, a trustee lease or sublease of trust land may be for up to 100 years if— the lease or sublease is for land contained in an operational deed of grant in trust; and the purpose of the lease or sublease is development that, in the opinion of the Minister— will have a significant impact on the economic and social development of a locality or region; and is necessary to support existing or proposed infrastructure that provides, or will provide, services to the community. construction of buildings at, or an upgrade of, an airport in a regional area A trustee lease or sublease of trust land must not contain a covenant, agreement or condition— to renew the lease; or to convert to another form of tenure (including freehold); or to buy the trust land or a part of the land. A trustee lease, sublease of trust land or trustee permit is subject to a condition that the lessee, sublessee or permittee may do the following without undue interruption or obstruction— use the trust land for the purpose for which the land is dedicated as a reserve or granted in trust; for a lease or sublease—carry out on the trust land a use that is lawful and consistent with the purpose of the lease or sublease; for a trustee permit—carry out on the trust land a use under the permit that is lawful. The condition mentioned in subsection (4) does not apply to a trustee lease (construction) or in relation to a building permitted to be built on the land. s 61 amd 2009 No. 5 s 31 ; 2010 No. 12 s 102 ; 2019 No. 17 s 116 ; 2024 No. 12 s 44 (sec.61-ssec.1) A trustee lease or sublease of trust land must not be for more than 30 years. (sec.61-ssec.2) However, a trustee lease or sublease of trust land may be for up to 100 years if— the lease or sublease is for land contained in an operational deed of grant in trust; and the purpose of the lease or sublease is development that, in the opinion of the Minister— will have a significant impact on the economic and social development of a locality or region; and is necessary to support existing or proposed infrastructure that provides, or will provide, services to the community. construction of buildings at, or an upgrade of, an airport in a regional area (sec.61-ssec.3) A trustee lease or sublease of trust land must not contain a covenant, agreement or condition— to renew the lease; or to convert to another form of tenure (including freehold); or to buy the trust land or a part of the land. (sec.61-ssec.4) A trustee lease, sublease of trust land or trustee permit is subject to a condition that the lessee, sublessee or permittee may do the following without undue interruption or obstruction— use the trust land for the purpose for which the land is dedicated as a reserve or granted in trust; for a lease or sublease—carry out on the trust land a use that is lawful and consistent with the purpose of the lease or sublease; for a trustee permit—carry out on the trust land a use under the permit that is lawful. (sec.61-ssec.5) The condition mentioned in subsection (4) does not apply to a trustee lease (construction) or in relation to a building permitted to be built on the land. - (a) the lease or sublease is for land contained in an operational deed of grant in trust; and - (b) the purpose of the lease or sublease is development that, in the opinion of the Minister— (i) will have a significant impact on the economic and social development of a locality or region; and (ii) is necessary to support existing or proposed infrastructure that provides, or will provide, services to the community. Example of a purpose for paragraph (b) — construction of buildings at, or an upgrade of, an airport in a regional area - (i) will have a significant impact on the economic and social development of a locality or region; and - (ii) is necessary to support existing or proposed infrastructure that provides, or will provide, services to the community. - (i) will have a significant impact on the economic and social development of a locality or region; and - (ii) is necessary to support existing or proposed infrastructure that provides, or will provide, services to the community. - (a) to renew the lease; or - (b) to convert to another form of tenure (including freehold); or - (c) to buy the trust land or a part of the land. - (a) use the trust land for the purpose for which the land is dedicated as a reserve or granted in trust; - (b) for a lease or sublease—carry out on the trust land a use that is lawful and consistent with the purpose of the lease or sublease; - (c) for a trustee permit—carry out on the trust land a use under the permit that is lawful.