Part 4AMarginal strips
24Marginal strips reserved
There shall be deemed to be reserved from the sale or other disposition of any land by the Crown a strip of land 20 metres wide extending along and abutting the landward margin of—
- any foreshore; or
- the normal level of the bed of any lake not subject to control by artificial means; or
- the bed of any river or any stream (not being a canal under the control of a State enterprise within the meaning of section 2 of the State-Owned Enterprises Act 1986 and used by the State enterprise for, or as part of any scheme for, the generation of electricity), being a bed that has an average width of 3 metres or more.
There shall be deemed to be reserved from the sale or other disposition by the Crown of any land extending along and abutting the landward margin of any lake controlled by artificial means a strip of land that—
- is 20 metres wide; or
- has a width extending from the maximum operating water level to the maximum flood level of the lake,—
Where the Crown proposes to sell or otherwise dispose of any land, the responsible department of State or agency shall notify the Director-General of the proposal; and the sale or other disposition shall have no effect unless and until that requirement is complied with.
Every strip of land of any width that, immediately before the commencement of this section, was reserved from sale or other disposition on any Crown land by or under this Act or any other Act, whether or not the strip was reserved for any specified purpose, shall be deemed to be reserved to the Crown as marginal strip of the same width.
Nothing in this section shall affect any right, title, or interest any person may have in respect of any assets or improvements lawfully existing on any marginal strip at the commencement of this section.
Nothing in this section shall limit or affect section 230 of the Resource Management Act 1991.
Every disposition of any land by the Crown to a State enterprise pursuant to the State-Owned Enterprises Act 1986, on or after the commencement of this section (whether the agreement to dispose of that land was entered into before that date or is entered into after that date), shall be deemed to be a disposition of land for the purposes of this section.
Notwithstanding subsection (6), where the freehold of any land subject to a lease or licence under the Land Act 1948 is transferred by the Crown to Landcorp Farming Limited, the reservation of any marginal strip on any part of the land to which the lease or licence relates shall not have effect until either the lease or licence is renewed or the freehold of the area to which the lease or licence relates is transferred to the lessee or licensee, whichever first occurs.
Every disposition of land by the Crown to a Crown Research Institute pursuant to the Crown Research Institutes Act 1992 shall be deemed to be a disposition of land for the purposes of this section.
Nothing in this section applies to the vesting or proposed vesting of any reserve under section 26 of the Reserves Act 1977.
Nothing in this section applies to the vesting of a right, title, or interest in reclaimed land under section 355 of the Resource Management Act 1991 or under section 39 or 43 of the Marine and Coastal Area (Takutai Moana) Act 2011.
Except as otherwise expressly provided, this section shall apply to the disposition of any land by the Crown under the provisions of any enactment.
For the purposes of this section, a disposition by the Crown in relation to any land, includes—
- the grant of a Crown forestry licence under the Crown Forest Assets Act 1989:
- the grant or renewal of a lease or licence under the Land Act 1948:
- the vesting, pursuant to the New Zealand Railways Corporation Restructuring Act 1990, of any land held by the Crown or the New Zealand Railways Corporation in a Crown transferee company within the meaning of section 2 of that Act:
- the grant or renewal of a lease or licence of any land pursuant to section 12 of the New Zealand Railways Corporation Restructuring Act 1990:
- the sale or other disposition of land held by the New Zealand Railways Corporation to a Crown transferee company within the meaning of section 2 of the New Zealand Railways Corporation Restructuring Act 1990 or to any other person.
Notes
- Section 24: substituted, on , by section 15 of the Conservation Law Reform Act 1990 (1990 No 31).
- Section 24(1)(c): amended, on , by section 100 of the Electricity Industry Reform Act 1998 (1998 No 88).
- Section 24(2A): inserted, on , by section 9(1) of the Conservation Amendment Act 1996 (1996 No 1).
- Section 24(5): substituted, on , by section 362 of the Resource Management Act 1991 (1991 No 69).
- Section 24(5): amended, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
- Section 24(7): amended, on , by clause 4 of the State-Owned Enterprises (Landcorp Farming Limited) Order 2001 (SR 2001/23).
- Section 24(7): amended, on , by section 9(2) of the Conservation Amendment Act 1996 (1996 No 1).
- Section 24(7A): inserted, on , by section 46(1) of the Crown Research Institutes Act 1992 (1992 No 47).
- Section 24(7B): inserted, on , by section 9(3) of the Conservation Amendment Act 1996 (1996 No 1).
- Section 24(7C): inserted, on , by section 103(1) of the Foreshore and Seabed Act 2004 (2004 No 93).
- Section 24(7C): amended, on , by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).
- Section 24(9): substituted, on , by section 2 of the Conservation Amendment Act 1990 (1990 No 106).