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Marine and Coastal Area (Takutai Moana) Act 2011

Common marine and coastal area - Reclaimed land

30: Certain reclaimed land to vest in Crown

You could also call this:

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

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

You own land that was once under the sea or a river. If you made this land by filling it in legally, the government gets to own it if a regional council approves a plan. This plan must be approved under section 245(5) of the Resource Management Act 1991. If you made this land by filling it in without permission, the government can own it if the Minister signs a certificate. You can use this certificate as proof that the government owns the land, unless someone can prove otherwise. The Land Act 1948 does not apply to land that the government owns 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=DLM3213328.

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31: New status of existing reclaimed land, or

"What happens to land reclaimed from the sea under the new law"

Part 2Common marine and coastal area
Reclaimed land

30Certain reclaimed land to vest in Crown

  1. Subsection (2) applies to any reclaimed land that is formed from the common marine and coastal area as a result of a lawful reclamation.

  2. The full legal and beneficial ownership in any reclaimed land to which this subsection applies vests in the Crown absolutely if, after the commencement of this Act, a regional council approves a plan of survey, under section 245(5) of the Resource Management Act 1991, in respect of that land.

  3. Subsection (4) applies to reclaimed land that is formed from the common marine and coastal area as a result of an unlawful reclamation.

  4. The full legal and beneficial ownership in any reclaimed land to which this subsection applies vests in the Crown absolutely if the Minister signs a certificate that—

  5. describes the position and extent of the reclaimed land; and
    1. states that this subsection applies to the reclaimed land.

      1. A certificate signed under subsection (4) is, in the absence of proof to the contrary, sufficient evidence of the matter stated in the certificate.

      2. The Land Act 1948 does not apply to reclaimed land vested by this section.

      Notes
      • Section 30(2): 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).