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Marine and Coastal Area (Takutai Moana) Act 2011
Common marine and coastal area
Interests in common marine and coastal area
24: Exclusion of interests in marine and coastal area founded on adverse possession or prescriptive title

Part 1:
Preliminary provisions

Outline

Purpose and acknowledgements

4Purpose 5Repeal of Foreshore and Seabed Act 2004 6Customary interests restored 7Treaty of Waitangi (te Tiriti o Waitangi)8Rights and obligations under international law not affected 9Interpretation 9ATransitional, savings, and related provisions 9ACustomary marine title amendments: purposes and application 9BCustomary marine title amendments: interpretation and overriding effect 9CTransitional, savings, and related provisions 10Act binds the Crown

Part 2:
Common marine and coastal area

Interests in common marine and coastal area

Public rights and powers over common marine and coastal area

Reclaimed land

29Interpretation 30Certain reclaimed land to vest in Crown 31New status of existing reclaimed land 32Minister may declare reclaimed land to be subject to Land Act 1948 33Minister to administer reclaimed land subject to this subpart 34Granting and disposition of interests in reclaimed land subject to this subpart 35Eligible applicants for interests in reclaimed land subject to this subpart 36Determination of application by Minister 37Presumption that certain applicants to be granted freehold interest in reclaimed land subject to this subpart 38Notification of determination and variation 39Vesting of interest in reclaimed land subject to this subpart 40Application for renewal of interests less than freehold 41Pending applications under Resource Management Act 1991 that relate to reclaimed land 42Savings 43Land reclaimed from customary marine title areas by customary marine title groups

Rights of first refusal

44Restrictions on disposition of freehold interest 45Offers to Minister, iwi or hapū, or public

Part 3:
Customary interests

46Overview of this Part

Participation in conservation processes in common marine and coastal area

47Participation in conservation processes 48Notification of conservation process 49Obligation on decision maker 50Stranded marine mammals

Protected customary rights

51Meaning of protected customary rights 52Scope and effect of protected customary rights 53Delegations and transfers of protected customary rights 54Limitations on exercise of protected customary rights 55Effect of protected customary rights on resource consent applications

Controls

56Controls on exercise of protected customary rights 57Notification of controls

Customary marine title

Interpretation matters

57AMeaning of exclusive use and occupation 57BMeaning of substantial interruption

Determination of whether customary marine title exists

58Customary marine title 59Matters relevant to whether customary marine title exists 59AOutline of aspects of law altered by CMT Amendment Act 59BJudgments given under this Act referred to in sections 9A and 9B

Rights under customary marine title

60Scope and effect of customary marine title 61Delegation and transfer 62Rights conferred by customary marine title 62AInformation requirements for applicants for resource consents

Accommodated activities

63Interpretation 64Accommodated activities 65Deemed accommodated activities

RMA permission right

66Scope of Resource Management Act 1991 permission right 67Procedural matters relevant to exercise of RMA permission right 68Effect of RMA permission right 69Offence and penalty provision 70Environment Court may make enforcement orders

Conservation permission right

71Scope and effect of conservation permission right 72Obligation to refer proposals for conservation activity if conservation permission right applies 73Obligations when conservation permission right is exercised

Protection purposes

74Priority of protection purposes 75Matters relevant to determining protection purposes

Marine mammal watching permits

76Decisions on grant of marine mammal permits

New Zealand coastal policy statement

77Consultation

Wāhi tapu protection right

78Protection of wāhi tapu and wāhi tapu areas 79Wāhi tapu conditions 80Wardens and fishery officers 81Compliance

Ngā taonga tūturu

82Newly found taonga tūturu

Status of minerals

83Status of minerals in customary marine title area 84Status of existing privileges within common marine and coastal area

Planning document

85Planning document 86Lodging and registration of planning document 87Transitional provision

Obligations arising in respect of customary marine title planning documents

88Obligation on local authorities 89Obligation on Heritage New Zealand Pouhere Taonga 90Obligation on Director-General 91Obligation on Minister of Fisheries 91AObligations on Minister of Aquaculture 92Interpretation 93Obligations on regional councils in relation to planning documents

Part 4:
Administrative and miscellaneous matters

Recognition of customary interests

94Recognition of protected customary rights and customary marine title

Recognition agreements

95Recognition agreements 96How recognition agreements to be brought into effect 97Notification of agreement recognising protected customary rights

Recognition by order of Court

98Court may recognise protected customary right or customary marine title 99Court may refer to Māori Appellate Court or pūkenga for opinion or advice on tikanga

Application for recognition order

100Who may apply 101Contents of application 102Service of application 103Public notice of application 104Who may appear on application for recognition order 105Evidence 106Burden of proof 107Court's flexibility in dealing with application 108Rules governing procedure

Recognition orders

109Form of recognition order 110Requirements for notification of orders 111Recognition order may be varied or cancelled

Appeal rights

112Right of appeal against decision of Court

Sealing of recognition orders

113Orders sealed by Court

Marine and coastal area register

114Marine and coastal area register 115Requirements for keeping register 116Inspection and copying 117Application of Privacy Act 1993

Regulations and miscellaneous matters

Regulations and bylaws

118Regulations for administrative purposes 119Minister of Conservation to perform residual management functions 120Regulations for management of common marine and coastal area 121Bylaws 122Persons breaching regulations or bylaws may be directed to stop

Local Acts

123Relationship between local Acts and this Act

References

124References to public foreshore and seabed

Transitional arrangements

125Pending proceedings under Foreshore and Seabed Act 2004

Notices

126Giving of notices

Amendments to other enactments

127Amendment to section 7 of Conservation Act 1987 128Consequential amendments to other enactments

Schedule 1AA:
Transitional, savings, and related provisions

Schedule 1:
Resource consents and controls in protected customary rights area

Schedule 2:
Process by which certain new activities in customary marine title area become deemed accommodated activities

Schedule 3:
Enactments consequentially amended

Summary of changes

Marine and Coastal Area (Takutai Moana) Act 2011

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

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

You could also call this:

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

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

You cannot claim an interest in the marine and coastal area because you have been using it for a long time. This rule applies even if other laws or rules of law say something different. You also cannot claim compensation for any loss or damage because of this rule.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3213299.

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

Topics:

Environment and resources > ConservationEnvironment and resources > Town planningHousing and property > Land use

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

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

25: Local authorities may apply to Minister for redress for loss of divested areas, or

"Local councils can ask the Minister for help if they lose coastal land they bought."

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

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

Despite any other enactment or rule of law, no person may claim an interest in any part of the marine and coastal area on the ground of adverse possession or prescriptive title.
No relief may be claimed by any person for any loss or damage arising from this section.