3 SEPTEMBER 2009 NEW ZEALAND GAZETTE, No. 131 3071

defined under Regulation 12 as "the foreshore, seabed, riverbed, or lakebed".

15. Special land includes land that forms part of the owner’s registered title to the relevant land or that is held under common law (in relation to a riverbed or lakebed) by the owner under the ad medium filum aquae rule.

General Policy Approach to Acquisition of Special Land

16. The Government’s general policy approach to the acquisition of special land is that the special land should only be acquired if it is in the public interest for the Crown to own the special land.

17. Relevant matters for determining whether it is in the public interest for the Crown to acquire special land are:

a. whether there is a recognised attitude of New Zealanders (or a group of New Zealanders) to the special land. This attitude could relate to a specific piece of special land or may relate to a more general class of special land eg foreshore or seabed. The regulator is not expected to provide advice beyond recognising that an attitude may exist in New Zealand to that land;

b. whether the overall benefit of Crown ownership exceeds the likely costs of acquisition and the ongoing liabilities likely to be incurred in maintaining and managing the special land;

c. the interrelationship with the surrounding area (for example, whether the special land adjoins riverbed, lakebed, foreshore or seabed that is already in Crown ownership);

d. whether the new owner intends to reduce public access to the special land, relative to the access provided (if any) by the current owner;

e. whether Crown ownership of the land in question will, or is likely to, adversely affect the overseas person’s ability to carry out the overseas investment, for example by adversely affecting the business operations on the land; and

f. whether there is a more cost effective alternative to Crown ownership.

18. The following matters are already taken into account and are thus not relevant when deciding whether to acquire special land:

a. Values to do with the water covering the special land, such as fishing or swimming (it is the value of the special land that is at issue, not associated uses);

b. matters that relate to protections already offered under the Conservation Act 1987;

c. matters that relate to protections already offered under the Foreshore and Seabed Act 2004; and

d. the factors specified in section 17 of the Act and Regulation 28 of the Regulations (in order to determine whether an overseas investment in sensitive land will or is likely to benefit New Zealand, any part of it, or any group of New Zealanders).

19. There is nothing in the Act or Regulations which suggests that the relevant Ministers approach the question whether to purchase special land with any presumption as to the outcome – either for or against. In particular, there is no presumption that the relevant Ministers will accept an offer to purchase the special land if it is offered to the Crown for nil consideration.

20. The decision whether to purchase special land will be dependent on the individual facts in each case. Any decision will be based purely on consideration of the merits of only the special land in question. In particular, the decision to acquire special land, or to waive the Crown’s right to acquire special land, does not imply that the Crown already owns (or does not own) the special land in question or, in the case of riverbed, whether a river is or is not navigable.

21. The regulator may consult with the Department of Conservation when preparing this advice to Ministers.

Other Matters Relating to Regulators Functions, Powers, or Duties of the Regulator

22. In providing advice to Ministers you, as the regulator, must:

a. perform your functions in a timely, consistent, and efficient manner;

b. seek sufficient information from applicants for you to be assured of the accuracy of any information, advice, recommendations, or assessments of any relevant benefits provided to Ministers;

c. verify information provided by applicants by seeking evidence or input from third parties at the regulator’s discretion;

d. seek to recover your operating costs in relation to applications for consent from applicants through fees set by regulation; and

e. monitor compliance with any conditions of approval, consent, permission, or exemption granted under the legislation.

23. The regulator’s functions also include providing general information to applicants, compiling and keeping records, and making available statistics. This should include the dissemination of information on investment in New Zealand and publicly explaining the nature of our regulatory regime.

Revocation of Previous Letter

24. The Ministerial directive letter dated the 31st day of October 2007* is revoked on and from the date this Ministerial directive letter takes effect.

Date Letter Takes Effect

25. This Ministerial directive letter shall come into effect on and from 4 September 2009.

Yours sincerely

HON BILL ENGLISH, Minister of Finance.

*New Zealand Gazette, 15 September 2007, No. 123, page 3244

go7382

Transport

Civil Aviation Act 1990
State Sector Act 1988

Notice of Granting a Scheduled International Air Service Licence

Pursuant to section 87N(4) of the Civil Aviation Act 1990, sections 41(1) and 42 of the State Sector Act 1988, and to a delegation from the Secretary for Transport dated 6 November 2007, notice is given that, having received an application from Virgin Blue International Airlines Pty Ltd (trading as V Australia), of Brisbane, Australia, Martin Thomas Harold Matthews, Secretary for Transport in the Ministry of Transport, has granted the airline a scheduled international air service licence for an indefinite term with effect from 27 August 2009.

Signed at Wellington this 27th day of August 2009.

JOHN WILLIAM MACILREE, Principal Adviser Aviation,
Ministry of Transport.

go7362