Marine and Coastal Area (Takutai Moana) Act 2011

Common marine and coastal area - Reclaimed land

40: Application for renewal of interests less than freehold

You could also call this:

"Apply to keep using reclaimed land that you don't own outright"

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

You can apply to the Minister to renew your interest in reclaimed land if it is not a freehold interest. You must apply at least 3 months before your existing interest expires. You can keep using the land until the Minister decides on your application. You can also apply to the Minister to get a freehold interest in the reclaimed land. The Minister will consider certain matters when deciding on your application, which are listed in section 36(2). This rule also applies if you got your interest in the land under section 355 or 355AA of the Resource Management Act 1991, and the land has become reclaimed land.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3213339.

This page was last updated on 9 February 2026 — View changes

Topics:

Environment and resources > Land useHousing and property > Land use

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"

41: Pending applications under Resource Management Act 1991 that relate to reclaimed land, or

"Old coastal land applications are decided under old rules"

Part 2Common marine and coastal area
Reclaimed land

40Application for renewal of interests less than freehold

The holder of a lesser interest vested under section 39(1) may apply to the Minister, not later than 3 months before the expiry of the existing interest, for a renewal of the interest in the same, or part of the same, reclaimed land.
If an application is made under subsection (1), the holder may continue to operate under the existing interest until the application is determined.
The holder of a lesser interest in reclaimed land may apply to the Minister for the vesting of a freehold interest in that land.
In determining an application under this section, the Minister must take into account the matters specified in section 36(2), so far as those matters are relevant to the application.
This section also applies to a lesser interest vested in a person under section 355 or 355AA of the Resource Management Act 1991 (as in force before the commencement of this Act) in land that has become reclaimed land subject to this subpart.