43Land reclaimed from customary marine title areas by customary marine title groups

1. In any case where a customary marine title group is the developer of reclaimed land that has been formed or is being formed or is to be formed from the group's customary marine title area, this section applies instead of sections 31 to 41.

2. The customary marine title group may apply to the Minister in writing for an interest in the area of reclaimed land, and on making the application becomes liable to pay any fees payable under regulations made under this Act, which are recoverable as a debt due to the Crown.

3. On receiving an application duly made under subsection (2), the Minister must—

4. consider the application by applying the criteria stated in section 36(2), so far as they are applicable; and
5. proceed on the basis that the customary marine title group is to be granted a freehold interest in the reclaimed land unless—
   1. the customary marine title group does not wish to be granted a freehold interest; or
   2. the Minister is satisfied, after considering the matters specified in section 36(2), that there is good reason not to grant the customary marine title group a freehold interest; and
6. determine the application, including whether any conditions must be fulfilled before any interest in the reclaimed land is vested and the nature of any such conditions; and
7. notify the customary marine title group of the determination.

8. Before the Minister makes a determination under subsection (3)(c), the Minister must give the customary marine title group a reasonable opportunity to comment on the proposed determination.

9. If satisfied that a certificate under section 245(5)(b) of the Resource Management Act 1991 has been issued in respect of the reclaimed land and that any conditions determined under subsection (3)(c) have been fulfilled, the Minister may, by notice in the Gazette, vest in the customary marine title group an interest in the reclaimed land.

10. Every Gazette notice published under subsection (5) must—

11. state the name of the customary marine title group, and describe the position and extent of the reclaimed land; and
12. describe the interest vested; and
13. describe any encumbrances or restrictions imposed on the interest; and
14. where the interest vested is a freehold interest and in any other case where the Minister considers it appropriate, be sent by the Minister to the Registrar, with a request that a record of title be issued accordingly; and
15. where the Registrar receives a request under paragraph (d), be registered by the Registrar after receipt from the Minister.

16. The Registrar must, in accordance with a request made under subsection (6)(d), issue a record of title in respect of the interest in the land vested by the Gazette notice.