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Marine and Coastal Area (Takutai Moana) Act 2011

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

23: Provisions relating to record of title to land in common marine and coastal area and land above line of mean high-water springs

You could also call this:

"Rules for owning land next to the coast and updating your title"

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

You can own land next to the common marine and coastal area. If you own this land, you can apply to separate it from the coastal area on your record of title. The Registrar will help you with this process, following the rules in the Land Transfer Act 2017. You will need to pay a fee for this service. The Registrar will cancel your old record of title and give you a new one for the land above the line of mean high-water springs. They will also note any interests or notifications on your new record of title. The Registrar might need a survey plan to issue a new record of title. Nothing in this process is affected by Part 10 of the Natural and Built Environment Act 2023.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3213297.

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Topics:
Housing and property > Buying and selling homesHousing and property > Land useEnvironment and resources > ConservationEnvironment and resources > Town planning
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22: Provisions relating to records of title wholly in common marine and coastal area, or

"Rules for land titles in coastal areas"

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24: Exclusion of interests in marine and coastal area founded on adverse possession or prescriptive title, or

"You can't own coastal land just because you've used it for a long time."

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

23Provisions relating to record of title to land in common marine and coastal area and land above line of mean high-water springs

  1. If any record of title comprises any land that is part of the common marine and coastal area as well as any adjacent land (the adjacent land) above the line of mean high-water springs, either the Minister of Conservation or the owner of the adjacent land may apply to the Registrar for the issue of a record of title for the adjacent land.

  2. On presentation of the application, the Registrar, on payment of the appropriate fee, must, despite anything in the Land Transfer Act 2017,—

  3. cancel the record of title that comprises the land within the common marine and coastal area and the adjacent land; and
    1. issue a record of title in the name of the owner of the adjacent land for the adjacent land; and
      1. note any current registered interest or current registered notification that relates to the adjacent land against that record of title in the order in which it appears on the record of title cancelled under paragraph (a); and
        1. issue a record of title for any registered interest or current registered notification that relates to land within the common marine and coastal area that was part of the record of title cancelled under paragraph (a).

          1. The Registrar may require the deposit of any survey plan necessary for the issue of a record of title under subsection (2)(b).

          2. To avoid doubt, no action taken under this section is subject to Part 10 of the Natural and Built Environment Act 2023.

          Notes
          • Section 23 heading: amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
          • Section 23(1): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
          • Section 23(2): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
          • Section 23(2)(a): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
          • Section 23(2)(b): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
          • Section 23(2)(c): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
          • Section 23(2)(d): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
          • Section 23(4): 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).