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Resource Management Act 1991

Miscellaneous provisions

355: Vesting of reclaimed land

You could also call this:

“Getting rights to land that was once under water”

You can apply to the Minister of Lands for rights to land that is part of a riverbed or lakebed and is owned by the Crown. This land must have been reclaimed or be planned for reclamation. The Minister of Lands can give you the rights to this land if they think it is a good idea.

The Minister of Lands will decide a fair price for the land, if any, and make sure the consent authority has issued a certificate under section 245(5)(a)(ii) or (5)(b)(ii). They will then publish a notice in the Gazette to say who now owns the land.

The notice in the Gazette must include your name, a description of the land, and what rights you now have to it. It must also mention any restrictions on the land. The Minister will send the notice to the Registrar-General of Land, who will then update the records to show you as the owner.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM239322.

Topics:
Environment and resources > Town planning Environment and resources > Land use Housing and property > Land use
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354: Crown's existing rights to resources to continue, or

"The government keeps its existing rights to resources like water and the coast."

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355AA: Effect of Foreshore and Seabed Act 2004 on vesting of reclamations, or

"This law used to explain how the Foreshore and Seabed Act affected who owned new land created at the edge of the sea, but it's not used anymore."

Part 14 Miscellaneous provisions

355Vesting of reclaimed land

  1. Repealed

  2. Any person may apply to the Minister of Lands for any right, title, or interest in any land—

  3. which forms part of a riverbed or lakebed which is land of the Crown; and
    1. which has been reclaimed or is proposed to be reclaimed—
        1. to be vested in that person.

      1. The Minister of Lands may, if he or she thinks fit, by notice in the Gazette, vest in the applicant any right, title, or interest in any area of reclaimed land that forms part of a riverbed or lakebed that is not within the coastal marine area and which is land of the Crown after—

      2. determining an appropriate price (if any) to be paid by the applicant in respect thereof; and
        1. ensuring that the consent authority has issued a certificate under section 245(5)(a)(ii) or (5)(b)(ii).

          1. Every Gazette notice published under subsection (3)—

          2. shall state the name of the person or local authority in whom or which the right, title, or interest is vested, and accurately describe the position and extent of the reclaimed land; and
            1. must describe the right, title, or interest vested; and
              1. shall refer to any encumbrances or restrictions imposed on the applicant's right, title, or interest in the land; and
                1. shall be sent by the relevant Minister to the Registrar-General of Land, with a request that a record of title be issued accordingly; and
                  1. shall be registered, without fee, by the Registrar-General of Land as soon as practicable after receipt from the Minister.

                    1. The Registrar-General of Land shall, in accordance with a request made under subsection (4)(c), issue an appropriate record of title in respect of the right, title, or interest in the land vested by the Gazette notice.

                    2. For the purposes of this section, references to land that forms part of a riverbed or lakebed include land which was part of that bed before it was reclaimed.

                    Notes
                    • Section 355(1): repealed, on , by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).
                    • Section 355(3): amended, on , by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).
                    • Section 355(3): amended, on , by section 34(1) of the Resource Management (Foreshore and Seabed) Amendment Act 2004 (2004 No 94).
                    • Section 355(4)(ab): inserted, on , by section 34(2) of the Resource Management (Foreshore and Seabed) Amendment Act 2004 (2004 No 94).
                    • Section 355(4)(c): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
                    • Section 355(4)(c): amended, on , by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                    • Section 355(4)(d): amended, on , by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                    • Section 355(5): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
                    • Section 355(5): amended, on , by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                    • Section 355(6): replaced, on , by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).