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Marine and Coastal Area (Takutai Moana) Act 2011

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

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

You could also call this:

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

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

You can apply to the Minister of Conservation for help if you are a local authority that loses land in the common marine and coastal area. You must have bought this land to apply for help. The Minister will look at how you bought the land to decide what help you get. You will get paid the current market value if you bought the land at full market value. If you did not buy the land at full market value, you will get help for the financial loss you suffered. This includes any income you would have got from the land and any money you invested in it after buying it. You must apply for help within 12 months of losing the land. No court can hear your claim if you lose land due to certain sections of the law, such as section 11(3) or (4) or 17. If you already applied for help under the Foreshore and Seabed Act 2004, your application will be treated as if this new law did not exist.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3213300.

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Topics:
Environment and resources > ConservationEnvironment and resources > Town planningGovernment and voting > Local councilsHousing and property > Land use
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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."

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26: Rights of access, or

"Your rights to use the beach and sea"

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

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

  1. A local authority that, as a result of the operation of section 11(3) or (4) or 17, loses its title to any land in the common marine and coastal area that it had acquired by purchase may apply to the Minister of Conservation for redress.

  2. In considering an application by a local authority under subsection (1), the Minister of Conservation must be guided by whichever of the following criteria is applicable:

  3. if the local authority purchased the relevant land at full market value, compensation is to be paid at current market value:
    1. if the local authority did not purchase the relevant land at full market value, redress is limited to compensation for direct financial loss to the local authority arising from the loss of ownership, including loss of—
      1. any income that the local authority would, but for the operation of section 11(3) or (4) or 17, have derived from the relevant part of the marine and coastal area; and
        1. any investment that the local authority made in the land after purchase.

        2. An application under subsection (1) must be made,—

        3. if the loss results from the operation of section 11(3), not later than 12 months after the commencement of this Act:
          1. if the loss results from the operation of section 11(4) or 17, not later than 12 months after the occurrence of the loss to which the application relates.

            1. No court has jurisdiction to hear any claim in respect of any loss suffered by a local authority as a result of the operation of section 11(3) or (4) or 17.

            2. Any application made under section 25 of the Foreshore and Seabed Act 2004 that, on the commencement of this Act, has not yet been finally determined by the Minister of Conservation must be treated as if this Act (other than this subsection) had not been enacted.