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Marine and Coastal Area (Takutai Moana) Act 2011

Common marine and coastal area - Reclaimed land

31: New status of existing reclaimed land

You could also call this:

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

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

When this Act started, some land that was reclaimed from the sea changed status. This happened to land that was part of the public foreshore and seabed under the Foreshore and Seabed Act 2004, or was owned by the Crown under the Land Act 1948, or was subject to the Foreshore and Seabed Endowment Revesting Act 1991. The Crown now owns this land. You need to know that this change happened automatically when the Act started. The land is no longer subject to the Foreshore and Seabed Act 2004, the Foreshore and Seabed Endowment Revesting Act 1991, or the Land Act 1948. This change does not affect some rights that people other than the Crown had to this land before the Act started. This means that people who had some rights to the land before the Act started still have those rights. It also means that the ownership of things built on the land, like houses or bridges, does not change. The Crown's ownership of the land itself is what changed when the Act started.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3213329.

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Housing and property > Land useEnvironment and resources > Conservation
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"Land filled in from the sea or a river can become government property in certain situations"

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32: Minister may declare reclaimed land to be subject to Land Act 1948, or

"Minister can make reclaimed land follow the Land Act 1948 rules"

Part 2Common marine and coastal area
Reclaimed land

31New status of existing reclaimed land

  1. This section applies to reclaimed land (existing reclaimed land) that,—

  2. immediately before the commencement of this Act, was—
    1. part of the public foreshore and seabed under the Foreshore and Seabed Act 2004; or
      1. vested in the Crown under the Land Act 1948; or
        1. subject to the Foreshore and Seabed Endowment Revesting Act 1991; or
          1. otherwise owned by the Crown; and
          2. is not set apart for a specified purpose.

            1. On the commencement of this Act, the full legal and beneficial ownership of all existing reclaimed land vests in the Crown absolutely and, so far as it is, immediately before that commencement, subject to the Foreshore and Seabed Act 2004, the Foreshore and Seabed Endowment Revesting Act 1991, or the Land Act 1948, ceases to be subject to those Acts.

            2. However, this section does not affect—

            3. any lesser interest held, immediately before the commencement of this Act, by a person other than the Crown in existing reclaimed land; or
              1. the ownership in structures fixed to, or under or over, existing reclaimed land.