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Marine and Coastal Area (Takutai Moana) Act 2011

Common marine and coastal area - Reclaimed land

35: Eligible applicants for interests in reclaimed land subject to this subpart

You could also call this:

"Who can apply for a share of reclaimed coastal land?"

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

You can apply to the Minister for an interest in reclaimed land if you are a developer. You must be developing the land or planning to develop it. A network utility operator can also apply for a lesser interest in the land. You can apply if the land has been reclaimed for more than 10 years and no one has been granted an interest in it. You can also apply if there are no current applications for an interest in the land. If you apply, you will have to pay any fees that are required. The fees you pay are owed to the government. A network utility operator is a person or company that does certain work, as defined in section 166 of the Resource Management Act 1991. This work is called a network utility operation.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3213334.

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34: Granting and disposition of interests in reclaimed land subject to this subpart, or

"Getting interests in reclaimed land with the Minister's approval"

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36: Determination of application by Minister, or

"The Minister decides who gets to use reclaimed land and under what conditions."

Part 2Common marine and coastal area
Reclaimed land

35Eligible applicants for interests in reclaimed land subject to this subpart

  1. A developer of reclaimed land subject to this subpart that has been, or is being, or is to be formed may apply to the Minister for the grant to the developer of an interest in that reclaimed land.

  2. A network utility operator may apply to the Minister for the grant to the network utility operator of a lesser interest in reclaimed land subject to this subpart that has been, or is being, or is to be formed on the ground that the lesser interest is required for the purposes of the network utility operation undertaken by the network utility operator.

  3. Subsection (4) applies if—

  4. reclaimed land has been subject to this subpart for more than 10 years; and
    1. no interest has been granted in that land; and
      1. no current application for the grant of an interest in that land is awaiting the Minister's determination.

        1. If this subsection applies, any person may apply to the Minister for the grant to the person of an interest in the reclaimed land.

        2. A developer or other person who makes an application under this section becomes liable to pay any fees payable under regulations made under this Act.

        3. The fees referred to in subsection (5) are recoverable as a debt due to the Crown.

        4. In this section, network utility operator and network utility operation have the same meanings as in section 166 of the Resource Management Act 1991.

        5. Repealed
        Notes
        • Section 35(7): inserted, 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).
        • Section 35(7): repealed, on , by section 805(3) of the Natural and Built Environment Act 2023 (2023 No 46).