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Marine and Coastal Area (Takutai Moana) Act 2011

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

18: Rights of owners of structures

You could also call this:

"What rights do owners of coastal structures have?"

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

You have rights if you own a structure in the common marine and coastal area. This area includes the sea and the coast. You own the structure as personal property. If you had an interest in a structure before this law started, you still have that interest. This means you still own the structure until you sell it or the law changes. You are presumed to own a structure if you have a resource consent for the area where it is located. Any rules that were in place before this law started are still in force. This means that the government and local authorities can still make decisions about structures in the common marine and coastal area. These rules stay in place until they are changed or cancelled by a lawful decision.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3213290.

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Topics:
Environment and resources > ConservationEnvironment and resources > Town planningHousing and property > Land use
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Part 2Common marine and coastal area
Interests in common marine and coastal area

18Rights of owners of structures

  1. This section applies to any structure that is, on or after the commencement of this Act, fixed to, or under or over, any part of the common marine and coastal area.

  2. Each structure to which this section applies—

  3. is to be regarded as personal property and not as land or as an interest in land; and
    1. does not form part of the common marine and coastal area.

      1. A person who, immediately before the commencement of this Act, had an interest in a structure to which this section applies continues to have that interest in the structure as personal property until the person's interest is changed by a disposition or by operation of law.

      2. A person is presumed, unless the contrary is shown, to own a structure to which this section applies if the person holds a resource consent for the occupation of the part of the common marine and coastal area in which the structure is located.

      3. Any authority, in force immediately before the commencement of this Act, by which the Crown, a Minister, an officer, an employee, a department, an instrument of the Crown, or a local authority is authorised to exercise and perform powers, duties, or functions in respect of a structure to which this section applies continues to be in force according to its tenor until it is changed or ceases to have effect by a lawful direction, disposition, or by operation of law.