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s 9

Meaning of lease entitlement and holder of lease entitlement

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Part 1Preliminary
Division 2Interpretation

9 Meaning of lease entitlement and holder of lease entitlement

(1)

A lease entitlement is an entitlement to be granted a lease to satisfy an entitlement under the 1985 Land Holding Act.

(2)

A lease entitlement exists if all of the following circumstances apply—

(a)

a person made an application under the 1985 Land Holding Act, section 5 to be granted a lease under the authority of that Act within a trust area (the trust area for the lease entitlement);

(b)

the application for the lease was made on or after 15 June 1985 but on or before 20 December 1991;

(c)

the application for the lease was exhibited in the way, and for the period, required under the 1985 Land Holding Act, section 6(1)(a);

(d)

either of the following has happened—

(i)

the trustee council for the application approved the granting of the lease, whether or not notification of the approval was given under the 1985 Land Holding Act, section 6(1)(b);

(ii)

the appeal tribunal approved the granting of the lease;

(e)

the lease was never granted under the 1985 Land Holding Act.

(3)

The holder of a lease entitlement is the person who, when the granting of the lease was approved under the 1985 Land Holding Act, was the applicant under that Act for the grant.

(4)

In this section—appeal tribunal means an appeal tribunal as constituted under the 1985 Land Holding Act.

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