63Letting of highways not presently used

### 63 Letting of highways not presently used > > (1)  Where the corporation has acquired highway rights over any land, it may, if the land is not presently required to be opened as a highway, let that land to the owner of any adjoining land. > > > (2)  Where any land in a city or town forming the site of a highway is not immediately required for use as a highway – > > > > > > (a) the Minister for Crown Lands may, if that land is Crown land, do either or both of the following things: > > > > > > > > > > (i) grant leases of that land under the [Crown Lands Act 1976](/view/html/inforce/2026-04-12/act-1976-028) ; > > > > > > > > > > > (ii) issue licences under that Act authorizing the use of that land for the purposes respectively specified in those licences; or > > > > > > > (b) the corporation may, if that land is not Crown land, take possession of that land and do either or both of the following things: > > > > > > > > > > (i) grant leases of that land; > > > > > > > > > > > (ii) issue licences authorizing the use of that land for the purposes respectively specified in those licences. > > > (3)  Before granting a lease or issuing a licence as provided in [subsection (2)](#GS63@Gs2@EN) [(a)](#GS63@Gs2@Hpa@EN) , the Minister for Crown Lands shall cause a notice to be published in a local newspaper circulating in the locality in which the relevant highway is situated stating his intention to grant the lease or to issue the licence and appointing a day, at least 14 days after the date of the publication of the notice, on or before which written representations will be received by that Minister. > > > (4)  Before granting a lease or issuing a licence under [subsection (2)](#GS63@Gs2@EN) [(b)](#GS63@Gs2@Hpb@EN) , the corporation shall cause a notice to be published in a local newspaper circulating in the locality in which the relevant highway is situated stating its intention to grant the lease or issue the licence and appointing a day, at least 14 days after the date of the publication of the notice, on or before which written representations will be received by the corporation. > > > (5)  A lease under [subsection (2)](#GS63@Gs2@EN) [(b)](#GS63@Gs2@Hpb@EN) shall – > > > > > > (a) be for such term, not exceeding 10 years, as the corporation thinks fit; and > > > > > > > (b) reserve the best rent which can be reasonably obtained for the land. > > > (6)  A licence under [subsection (2)](#GS63@Gs2@EN) [(b)](#GS63@Gs2@Hpb@EN) shall be – > > > > > > (a) for such term, not exceeding 10 years, as the corporation thinks fit; and > > > > > > > (b) issued for such fee as the corporation thinks fit. > > > (7)  During the currency of a lease granted, or of a licence issued, as provided in [subsection (2)](#GS63@Gs2@EN) [(a)](#GS63@Gs2@Hpa@EN) or [(b)](#GS63@Gs2@Hpb@EN) , the public rights of passage over the land to which the lease or licence relates are suspended.