Property Law in the South Island High Country: Statutory, Not Common Law Leases

Abstract

This article examines the statutory, common law, and traditional foundations of property rights in pastoral leases in order to look at recent changes in government policy regarding the implementationof the South Island high country land reform. Called tenure review, this land reform divides Crown land into two distinct forms of tenure – freehold title and full Crown ownership to be managedfor public conservation. Tenure review began inside the bureaucracy of the Department of Lands (now called Land Information New Zealand, or LINZ). The Crown invited holders of pastoral rights to enter voluntary negotiations to determine which land would transfer into freehold ownership, and which would shift into the public conservation estate. In 1998, Parliament granted statutory authority to the administrative process, and formalised the pre-existing rules.