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Marine and Coastal Area (Takutai Moana) Act 2011

Common marine and coastal area - Reclaimed land

36: Determination of application by Minister

You could also call this:

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

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

When you apply to the Minister under section 35, they must decide some things. They decide if you get an interest in the reclaimed land and what type of interest it is. They also decide the terms and conditions of the interest. The Minister considers many things when making their decision. They think about what you need to achieve your purpose and the public's interest in the land. They also consider if the public benefits from the land and any conditions on the resource consent. The Minister can grant interests to several applicants at the same time. They look at the cultural value of the land to tangata whenua and its financial value to the Crown. They also think about the natural and historic values of the land and its potential for public access and recreation. You can be granted an interest in the reclaimed land under the Treaty of Waitangi Act 1975, which you can find at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM435367. The Minister's decision is based on many factors, including any special circumstances you may have.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3213335.

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Topics:
Environment and resources > Land useEnvironment and resources > ConservationMāori affairs > Treaty of WaitangiMāori affairs > Māori landGovernment and voting > Government departments
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35: Eligible applicants for interests in reclaimed land subject to this subpart, or

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

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37: Presumption that certain applicants to be granted freehold interest in reclaimed land subject to this subpart, or

"Some groups are likely to get ownership of reclaimed land when they apply"

Part 2Common marine and coastal area
Reclaimed land

36Determination of application by Minister

  1. When an application under section 35 is made by an eligible applicant, the Minister must, without limitation, determine the following matters:

  2. whether the applicant is to be granted an interest in the reclaimed land and, if so, whether that interest should be a freehold interest or a lesser interest:
    1. if a lesser interest is to be granted, the terms and conditions of that lesser interest:
      1. any conditions that must be fulfilled before any interest in the reclaimed land is granted:
        1. the encumbrances, restrictions, or conditions (if any) that should attach to any interest (including a freehold interest) to be granted:
          1. any consideration (whether by payment of price, rental or other charge, or by way of set-off, or in whole or partial settlement of any claim, including any claim under the Treaty of Waitangi Act 1975) for the grant of the interest.

            1. In determining the matters specified in subsection (1), the Minister must take into account the following matters, so far as they are applicable:

            2. the minimum interest in the reclaimed land that is reasonably needed to allow the purpose of the grant to be achieved:
              1. the public interest in the reclaimed land, including existing or proposed public use of the reclaimed land:
                1. whether, and the extent to which, the public is benefiting, or is to benefit, from the use or proposed use of the reclaimed land:
                  1. any conditions or restrictions imposed on the resource consent that authorised the reclamation:
                    1. whether any historical claims have been made under the Treaty of Waitangi Act 1975 in respect of the reclaimed land or whether there are any pending applications under Part 4:
                      1. the cultural value of the reclaimed land and surrounding area to tangata whenua:
                        1. the financial value of the reclaimed land to the Crown:
                          1. any natural or historic values associated with the reclaimed land:
                            1. the potential public access, amenity, and recreational values of the reclaimed land:
                              1. any special circumstances of the applicant, including the amount of any investment made by the applicant in respect of the reclaimed land.

                                1. The Minister may determine that several eligible applicants may each be granted a distinct interest in the reclaimed land.