Marine and Coastal Area (Takutai Moana) Act 2011

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

21: Certain proprietary interests to continue

You could also call this:

"Coastal land interests, like leases, still apply after this law started"

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

You have interests in some land near the coast. These interests can be leases, licences, or permits. They continue as they were before this law started. If you had an interest before this law, it still applies. The government now looks after these interests instead of the person who granted them. The Minister of Conservation can sign documents and enforce conditions. The government can only renew or extend an interest if it says so in the original agreement. This law is more important than section 11. The Minister of Conservation can take action to enforce conditions. They can do this on behalf of the government.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3213294.

This page was last updated on 9 February 2026 — View changes

Topics:

Housing and property > Land useEnvironment and resources > Conservation

20: Act does not affect existing resource consents or lawful activities, or

"This law does not change things that were already allowed to happen."

22: Provisions relating to records of title wholly in common marine and coastal area, or

"Rules for land titles in coastal areas"

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

21Certain proprietary interests to continue

In this section, proprietary interest—
means any interest under a lease, licence, permit, easement, or statutory authorisation (not being a resource consent) granted in respect of any land that, on the commencement of this Act, is located within the common marine and coastal area; and
includes any right to a renewal or an extension of that interest; but
does not include a privilege.

A proprietary interest that, immediately before the commencement of this Act, was in effect continues, so far as it is lawful, to have effect according to its tenor.
Every proprietary interest that is continued by subsection (2) and that has been granted by a person other than the Crown is deemed to have been granted by the Crown.
The Minister of Conservation is authorised to execute on behalf of the Crown any instrument or other document that is required to be executed by the grantor in respect of any proprietary interest.
The Minister of Conservation may enforce any condition to which a proprietary interest is subject by taking any measures, including the taking of proceedings, that the grantor of the interest could take.
The Crown may grant a renewal or extension of a proprietary interest only if the interest contains a right of renewal or extension.
This section overrides section 11.