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Marine and Coastal Area (Takutai Moana) Act 2011

Common marine and coastal area - Reclaimed land

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

You could also call this:

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

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

When you apply under section 35, the Minister will think you should get a freehold interest in the reclaimed land. This is if you are a certain type of person, like a port company or a port operator, as defined in the Port Companies Act 1988 or the Maritime Transport Act 1994. The Minister will only change their mind if you do not want the freehold interest or if they think there is a good reason not to give it to you, after looking at the matters in section 36(2).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3213336.

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36: Determination of application by Minister, or

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

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38: Notification of determination and variation, or

"The Minister tells you their decision and any changes about your application"

Part 2Common marine and coastal area
Reclaimed land

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

  1. In the case of an application made under section 35 by an eligible applicant who is a person of a kind specified in subsection (2), the Minister's determination of the matter specified in section 36(1)(a) must proceed on the basis that the person is to be granted a freehold interest in the reclaimed land unless—

  2. the person does not wish to be granted a freehold interest; or
    1. the Minister is satisfied, after considering the matters specified in section 36(2), that there is good reason not to grant the person a freehold interest.

      1. The persons are the following:

      2. any port company (as defined in section 2(1) of the Port Companies Act 1988):
        1. any port operator (as defined in Part 3A of the Maritime Transport Act 1994):
          1. the company (as defined in section 2 of the Auckland Airport Act 1987) that operates Auckland International Airport (including any entity that operates all or part of the airport and that is a subsidiary of, or successor to, that company):
            1. the company (as defined in section 2 of the Wellington Airport Act 1990) that operates Wellington International Airport (including any entity that operates all or part of the airport and that is a subsidiary of, or successor to, that company).

              Notes
              • Section 37(2)(b): replaced, on , by section 90 of the Maritime Transport Amendment Act 2013 (2013 No 84).