sec.40Exemptions from obligations

### sec.40 Exemptions from obligations An obligation under this division to give an entry notice about an entry to private land for a purpose mentioned in section 38 does not apply if— the resource authority holder owns the land; or the resource authority holder has an independent legal right to enter the land for the purpose; or the entry is to preserve life or property or because of an emergency that exists or may exist; or the entry is authorised under the relevant Resource Act for the resource authority; or the entry is of a type prescribed by regulation. An obligation under this division to give an entry notice about an entry to private land for a purpose mentioned in section 38 also does not apply if the resource authority holder has 1 of the following with each owner and occupier of the land— a waiver of entry notice for the entry that is in effect; An owner or occupier of land may give a waiver of entry notice for an entry to the land. See section 42 . a conduct and compensation agreement for the land and— the agreement provides for alternative obligations for the entry; and the holder complies with the alternative obligations for the entry; an opt-out agreement. Further, an obligation under this division to give an entry notice about an entry to private land for a purpose mentioned in section 38 does not apply if the entry is for the purpose of carrying out an authorised activity for the resource authority that is aerial surveying carried out at 1,000ft or more above land. In this section— independent legal right , to enter land, means a right to enter the land that is enforceable under any law, including a common law right, but does not include a right to enter the land under this Act or a Resource Act. a contractual arrangement allowing a party to the contract to enter particular land s 40 amd 2016 No. 30 s 114 sch 1 ; 2020 No. 14 s 218 sch 1 ; 2024 No. 33 s 75 (sec.40-ssec.1) An obligation under this division to give an entry notice about an entry to private land for a purpose mentioned in section 38 does not apply if— the resource authority holder owns the land; or the resource authority holder has an independent legal right to enter the land for the purpose; or the entry is to preserve life or property or because of an emergency that exists or may exist; or the entry is authorised under the relevant Resource Act for the resource authority; or the entry is of a type prescribed by regulation. (sec.40-ssec.2) An obligation under this division to give an entry notice about an entry to private land for a purpose mentioned in section 38 also does not apply if the resource authority holder has 1 of the following with each owner and occupier of the land— a waiver of entry notice for the entry that is in effect; An owner or occupier of land may give a waiver of entry notice for an entry to the land. See section 42 . a conduct and compensation agreement for the land and— the agreement provides for alternative obligations for the entry; and the holder complies with the alternative obligations for the entry; an opt-out agreement. (sec.40-ssec.3) Further, an obligation under this division to give an entry notice about an entry to private land for a purpose mentioned in section 38 does not apply if the entry is for the purpose of carrying out an authorised activity for the resource authority that is aerial surveying carried out at 1,000ft or more above land. (sec.40-ssec.4) In this section— independent legal right , to enter land, means a right to enter the land that is enforceable under any law, including a common law right, but does not include a right to enter the land under this Act or a Resource Act. a contractual arrangement allowing a party to the contract to enter particular land - (a) the resource authority holder owns the land; or - (b) the resource authority holder has an independent legal right to enter the land for the purpose; or - (c) the entry is to preserve life or property or because of an emergency that exists or may exist; or - (d) the entry is authorised under the relevant Resource Act for the resource authority; or - (e) the entry is of a type prescribed by regulation. - (a) a waiver of entry notice for the entry that is in effect; Note— An owner or occupier of land may give a waiver of entry notice for an entry to the land. See section 42 . - (b) a conduct and compensation agreement for the land and— (i) the agreement provides for alternative obligations for the entry; and (ii) the holder complies with the alternative obligations for the entry; - (i) the agreement provides for alternative obligations for the entry; and - (ii) the holder complies with the alternative obligations for the entry; - (c) an opt-out agreement. - (i) the agreement provides for alternative obligations for the entry; and - (ii) the holder complies with the alternative obligations for the entry;