Plain language law

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Resource Management Act 1991

Miscellaneous provisions

355: Vesting of reclaimed land

You could also call this:

“The government can give people ownership of land that used to be part of a river or lake.”

You can ask the Minister of Lands for ownership rights to land that used to be part of a riverbed or lakebed owned by the government, and has been filled in or is going to be filled in.

If the Minister thinks it’s a good idea, they can give you ownership rights to this filled-in land. But first, they need to decide how much you should pay for it (if anything), and make sure the local council has given permission for the land to be filled in.

When the Minister gives you ownership, they will put a notice in the official government newspaper. This notice will say:

  • Who now owns the land
  • Where exactly the land is
  • What kind of ownership rights you have
  • Any rules or limits on your ownership
  • Ask the land records office to update their records

The land records office will then create an official ownership document for you, without charging a fee.

For this law, ‘riverbed or lakebed’ includes areas that used to be riverbeds or lakebeds before they were filled in.

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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 > Land use
Government and voting > Local councils
Housing and property > Land use
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354: Crown's existing rights to resources to continue, or

“The government keeps its old rights to use things like water and land, even when laws change.”

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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 Repealed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).