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Marine and Coastal Area (Takutai Moana) Act 2011

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

19: Crown deemed to be owner of abandoned structures

You could also call this:

"The Crown owns abandoned structures in the coastal area if the owner can't be found."

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

If a structure is abandoned in the common marine and coastal area, the Crown is deemed to be the owner. You need to know that a structure is abandoned if the regional council cannot find the owner. The regional council must try to find the owner or remove the structure under section 12(7) of the Resource Management Act 1991. If the regional council thinks an inquiry is not needed, they can remove the structure. They can do this if the structure has no value and they cannot find the owner. The council must follow the regional coastal plan when removing a structure. The Crown is not liable for anything that happened to the structure before it became the owner. This means the Crown does not have to fix any problems that existed before they owned the structure. The Crown only has to worry about health, safety, and the environment from the time they become the owner.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3213291.

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Environment and resources > Town planningEnvironment and resources > ConservationHousing and property > Land use
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"What rights do owners of coastal structures have?"

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

19Crown deemed to be owner of abandoned structures

  1. The Crown is deemed to be the owner of any structure that is abandoned in the common marine and coastal area.

  2. For the purposes of this section, a structure is abandoned if the regional council with statutory functions in the part of the common marine and coastal area in which the structure is located has, after due inquiry, been unable to ascertain the identity or the whereabouts of the owner of the structure.

  3. This subsection and subsections (3A) to (3C) apply—

  4. if the ownership is uncertain in respect of a structure in a part of the common marine and coastal area for which a regional council has responsibility; and
    1. there is no current resource consent in respect of the structure.

      1. The regional council must—

      2. undertake an inquiry under subsection (2); or
        1. remove the structure under section 12(7) of the Resource Management Act 1991.

          1. The regional council may take action under subsection (3A)(b) if, in the opinion of the council, an inquiry under subsection (2) is not warranted because—

          2. the structure is likely to have no, or minimal, value to any owner or to the community; and
            1. efforts to locate the owner have not been successful, including, as a minimum,—
              1. a search of the relevant records held by the council; and
                1. a reasonable effort to locate the owner from any contact details in those records.

                2. A regional council may determine whether to remove a structure, in whole or in part,—

                3. in accordance with the provisions of the regional coastal plan; or
                  1. without complying with any conditions in the regional coastal plan or obtaining a resource consent if, in the council’s opinion, any adverse effects of removing the structure would be no more than minor.

                    1. Every inquiry under subsection (2) must be undertaken in accordance with regulations made under section 118.

                    2. Nothing in this section makes the Crown liable—

                    3. for any breaches committed, in respect of a structure, before the Crown became the deemed owner of the structure; or
                      1. for any effects attributable to anything done or omitted, in respect of a structure, before the Crown became the deemed owner of the structure; or
                        1. to comply with any requirement in respect of the structure that does not relate to a matter of health or safety or to a significant adverse effect on the environment.

                          Notes
                          • Section 19(3): replaced, on , by section 123 of the Resource Legislation Amendment Act 2017 (2017 No 15).
                          • Section 19(3A): inserted, on , by section 123 of the Resource Legislation Amendment Act 2017 (2017 No 15).
                          • Section 19(3A)(b): 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 19(3B): inserted, on , by section 123 of the Resource Legislation Amendment Act 2017 (2017 No 15).
                          • Section 19(3C): inserted, on , by section 123 of the Resource Legislation Amendment Act 2017 (2017 No 15).
                          • Section 19(3C)(a): 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 19(3C)(b): 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).