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Marine and Coastal Area (Takutai Moana) Act 2011

Common marine and coastal area - Reclaimed land - Rights of first refusal

45: Offers to Minister, iwi or hapū, or public

You could also call this:

"Notifying the Minister or public about selling reclaimed land"

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

You want to get rid of a freehold interest in some reclaimed land. You must follow some rules when you do this. You have to give a written notice that says how you will get rid of the land. You can give this notice to the Minister at any time. The notice must say how much money you want for the land and any other conditions. If the Crown does not want to buy the land, you can then give a public notice to iwi and hapū in the area. This public notice must say how much money you want for the land and any other conditions. If no iwi or hapū wants to buy the land, you can give another public notice to anyone who wants to buy it. This notice must also say how much money you want for the land and any other conditions. Any notice you give is only valid for 90 days. You must follow these rules when you get rid of a freehold interest in reclaimed land. You have to be careful and make sure you do everything correctly.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3213344.

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Housing and property > Buying and selling homesHousing and property > Land useMāori affairs > Māori land
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44: Restrictions on disposition of freehold interest, or

"Rules for selling or giving away land you own"

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"What customary rights mean for New Zealand's coast and sea"

Part 2Common marine and coastal area
Reclaimed land: Rights of first refusal

45Offers to Minister, iwi or hapū, or public

  1. In order to dispose of a freehold interest in reclaimed land (the freehold interest) in compliance with this section, the proprietor of the freehold interest must dispose of the freehold interest in accordance with a written notice that is in effect at the time of the disposition and is given under whichever of subsection (2), (4), or (6) is applicable.

  2. A notice under this subsection—

  3. must be given to the Minister; and
    1. may be given at any time unless a notice under subsection (4) or (6) is in effect; and
      1. must state the following terms on which the Crown may acquire the freehold interest:
        1. the consideration:
          1. any other terms and conditions.

          2. If, within the period that the notice under subsection (2) is in effect, the Crown does not enter into a contract to acquire the freehold interest, the proprietor may give public notice under subsection (4).

          3. A public notice under this subsection must be addressed to all iwi and hapū within the area in which the reclaimed land is located and must invite tenders from representatives of those iwi and hapū for the acquisition of the freehold interest and must state—

          4. the minimum consideration for the freehold interest, which may not be less than the consideration stated in the most recent notice given or sent under subsection (2):
            1. any other terms and conditions, which may not be more favourable than the terms and conditions stated in the most recent notice given under subsection (2).

              1. If, within the period that the notice under subsection (4) is in effect, no iwi or hapū enters into a contract to acquire the freehold interest, the proprietor may, before the second anniversary of the day on which the notice was given to the Minister under subsection (2), give public notice under subsection (6).

              2. A public notice under this subsection must invite tenders from any person for the acquisition of the freehold interest and state—

              3. the minimum consideration for the freehold interest, which may not be less than the consideration stated in the most recent public notice given under subsection (4):
                1. any other terms and conditions, which may not be more favourable than the terms and conditions stated in the most recent notice given under subsection (4).

                  1. A notice given or published under subsection (2), (4), or (6) is in effect for the period that commences on the date on which the Minister receives the notice or, in the case of a public notice, the notice is first published and ends with the close of the 90th day after that date.