Marine and Coastal Area (Takutai Moana) Act 2011

Common marine and coastal area - Reclaimed land

29: Interpretation

You could also call this:

"What special words mean in this law"

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

When you read this part of the law, some words have special meanings. You need to know what these words mean to understand the law. The law explains what these words mean. The law says what a developer is. A developer is the person who got the resource consent to form new land. This person can be an individual or a group. The law also explains what it means to dispose of something. To dispose of something means to sell, exchange, give, or transfer it. You can be an eligible applicant if you are allowed to make an application under section 35. The law says what a freehold interest is. A freehold interest is when you own the land completely. The law explains what an interest in land is. An interest can be a freehold interest or a lesser interest. A lesser interest is when you have some rights to the land, but not complete ownership. The Minister is the person in charge of the Land Act 1948. Reclaimed land is land that was once under water but is now above water. This land was formed by a reclamation, not by natural processes. The law also talks about reclaimed land subject to this subpart. This means land that is owned by the Crown under certain sections of the law. The purpose of this part of the law is to help businesses and people who invest in reclamations. It also aims to balance the interests of all New Zealanders, including those who care about conservation. The law wants to make sure everyone's interests are considered.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3213311.

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"Your existing fishing rights are still allowed"


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30: Certain reclaimed land to vest in Crown, or

"Land filled in from the sea or a river can become government property in certain situations"

Part 2Common marine and coastal area
Reclaimed land

29Interpretation

  1. In this section and in sections 30 to 45, unless the context otherwise requires,—

    developer, in relation to any reclaimed land, means the person (including a customary marine title group) who holds the resource consent for the reclamation by which the land is formed, whether or not that resource consent was obtained after the commencement or completion of the reclamation

      dispose of includes sell, exchange, gift, and transfer

        eligible applicant, in relation to an application under section 35, means a person who, under a provision of that section, is entitled to make that application

          freehold interest means an estate in fee simple but does not include a stratum estate in freehold or in leasehold created under the Unit Titles Act 1972 or the Unit Titles Act 2010

            interest means a freehold interest or a lesser interest

              lesser interest means an interest in reclaimed land that is less than a freehold interest and includes a lease, licence, or other right or title to occupy or use the land

                Minister means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of the Land Act 1948

                  reclaimed land means permanent land formed from land that formerly was below the line of mean high-water springs and that, as a result of a reclamation, is located above the line of mean high-water springs, but does not include—

                  1. land that has arisen above the line of mean high-water springs as a result of natural processes, including accretion; or
                    1. structures such as breakwaters, moles, groynes, or sea walls

                      reclaimed land subject to this subpart means reclaimed land vested in the Crown under section 30 or 31, but does not include reclaimed land that is subject to a declaration under section 32.

                      1. The purpose of this subpart is to provide certainty to business and development interests in respect of investments in reclamations and to balance the interests of all New Zealanders, including their interests in conservation.