Marine and Coastal Area (Takutai Moana) Act 2011

Common marine and coastal area - Reclaimed land

38: Notification of determination and variation

You could also call this:

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

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

You need to know what the Minister decides about your application. The Minister must tell you about their decision under section 36(1) and any changes they make. The Minister must give you a chance to comment on what they plan to decide before they make a decision under section 36(1). The Minister can change a decision they made under section 36(1) if they think it is necessary or desirable, and before the interest in the land is finalised under section 39.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3213337.

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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"


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39: Vesting of interest in reclaimed land subject to this subpart, or

"Getting an interest in reclaimed land under the Marine and Coastal Area Act"

Part 2Common marine and coastal area
Reclaimed land

38Notification of determination and variation

  1. The Minister must notify the applicant of a determination under section 36(1) and of any variation under subsection (3) of this section.

  2. Before the Minister makes a determination under section 36(1) or a variation under subsection (3) of this section, the Minister must give the applicant a reasonable opportunity to comment on the proposed determination or variation.

  3. The Minister may, on the Minister’s own initiative or on application by an applicant, vary a determination made under section 36(1) before an interest in the reclaimed land to which the determination relates is vested under section 39 if that variation is, in the Minister’s opinion, necessary or desirable—

  4. to take account of any of the matters specified in section 36(2); or
    1. for any other reason.