The Agreement to Use Land is a fundamental legal document used in New Zealand when one party wishes to grant another party rights to use land without transferring ownership. This agreement type is essential for various arrangements including commercial use, agricultural purposes, recreational activities, or development projects. It must comply with New Zealand's Property Law Act 2007, Resource Management Act 1991, and other relevant legislation. The document typically includes detailed specifications about the land, permitted uses, duration, payment terms, maintenance responsibilities, and regulatory compliance requirements. It may also need to address specific considerations under Te Ture Whenua Maori Act 1993 if the land has Māori interests. The agreement serves as a crucial tool for protecting both the landowner's and user's interests while ensuring clear documentation of all terms and conditions.
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1. Parties: Identifies and provides full details of all parties to the agreement
2. Background: Sets out the context and purpose of the agreement, including brief description of the land and intended use
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation rules
4. Grant of Rights: Specifies the exact rights being granted regarding land use, including any restrictions
5. Term and Renewal: Specifies the duration of the agreement and any renewal options
6. Fees and Payment: Details of payment amounts, frequency, and methods for use of the land
7. Permitted Use: Clearly defines allowed activities and purposes for which the land may be used
8. User's Obligations: Lists all responsibilities and obligations of the party using the land
9. Owner's Obligations: Specifies the landowner's responsibilities and obligations
10. Maintenance and Repairs: Establishes responsibilities for maintaining the land and any facilities
11. Insurance and Liability: Outlines insurance requirements and allocation of risks
12. Default and Termination: Specifies events of default and termination procedures
13. General Provisions: Standard contract clauses including notices, governing law, and dispute resolution
1. Resource Consents: Required when the land use requires specific permissions under the Resource Management Act
2. Environmental Obligations: Include when specific environmental protection measures are necessary
3. Māori Cultural Considerations: Required when the land has cultural significance or is subject to Te Ture Whenua Maori Act
4. Development Rights: Include when the user has rights to develop or modify the land
5. Subletting and Assignment: Include when transfer of rights or subletting may be permitted
6. Rights of First Refusal: Include when the user is given priority rights for future sale or extended use
7. Utilities and Services: Include when arrangements for utilities need to be specified
8. Access Rights: Include when specific access arrangements need to be detailed
1. Schedule 1 - Land Description: Detailed legal description of the land, including title references and plans
2. Schedule 2 - Payment Schedule: Detailed breakdown of fees, payment dates, and review mechanisms
3. Schedule 3 - Permitted Activities: Comprehensive list of allowed activities and any specific conditions
4. Schedule 4 - Site Plan: Detailed plan showing the land, access points, and any relevant features
5. Schedule 5 - Condition Report: Initial condition assessment of the land and any facilities
6. Appendix A - Required Consents: Copies of resource consents and other required permissions
7. Appendix B - Insurance Requirements: Detailed insurance specifications and minimum coverage requirements
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