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Marine and Coastal Area (Takutai Moana) Act 2011

Common marine and coastal area - Interests in common marine and coastal area

11: Special status of common marine and coastal area

You could also call this:

"No one owns the common marine and coastal area, not even the government."

Illustration for Marine and Coastal Area (Takutai Moana) Act 2011

The common marine and coastal area has a special status. You need to know that neither the government nor anyone else owns this area. The government and local councils no longer have any claim to own parts of this area. When land owned by the government or a local council becomes part of the common marine and coastal area, they lose their claim to it. This special status does not change how customary interests are recognised under the Marine and Coastal Area (Takutai Moana) Act 2011. It also does not affect how people can use the area or what activities they can do there. The special status does not stop the government from making rules about the area or granting permits. It also does not change any special status already given to parts of the area. In this context, an enactment refers to laws, bylaws, regional plans, and district plans.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3213282.

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"The law applies to everyone, including the government."

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"Some special coastal areas can become owned by the Crown."

Part 2Common marine and coastal area
Interests in common marine and coastal area

11Special status of common marine and coastal area

  1. The common marine and coastal area is accorded a special status by this section.

  2. Neither the Crown nor any other person owns, or is capable of owning, the common marine and coastal area, as in existence from time to time after the commencement of this Act.

  3. On the commencement of this Act, the Crown and every local authority are divested of every title as owner, whether under any enactment or otherwise, of any part of the common marine and coastal area.

  4. Whenever, after the commencement of this Act, whether as a result of erosion or other natural occurrence, any land owned by the Crown or a local authority becomes part of the common marine and coastal area, the title of the Crown or the local authority as owner of that land is, by this section, divested.

  5. The special status accorded by this section to the common marine and coastal area does not affect—

  6. the recognition of customary interests in accordance with this Act; or
    1. any lawful use of any part of the common marine and coastal area or the undertaking of any lawful activity in any part of the common marine and coastal area; or
      1. any power to impose, by or under an enactment, a prohibition, limitation, or restriction in respect of a part of the common marine and coastal area; or
        1. any power or duty, by or under an enactment, to grant resource consents or permits (including the power to impose charges) within any part of the common marine and coastal area; or
          1. any power, by or under an enactment, to accord a status of any kind to a part of the common marine and coastal area, or to set aside a part of the common marine and coastal area for a specific purpose; or
            1. any status that is, by or under an enactment, accorded to a part of the common marine and coastal area or a specific purpose for which a part of the common marine and coastal area is, by or under an enactment, set aside, or any rights or powers that may, by or under an enactment, be exercised in relation to that status or purpose.

              1. In this section, enactment includes bylaws, regional plans, and district plans.