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Marine and Coastal Area (Takutai Moana) Act 2011

Common marine and coastal area - Interests in common marine and coastal area

14: Roads located in marine and coastal area

You could also call this:

"Roads in the marine and coastal area: what happens to them under the law"

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

You need to know about roads in the marine and coastal area. If a road is already in this area when the Marine and Coastal Area Act starts, it is not part of the common marine and coastal area. The Minister can sign a certificate to say if a road is going to be formed or not. If an unformed road is still unformed after a certain time, it becomes part of the common marine and coastal area. You should look at what the Minister says about the road. If the Minister signs a certificate saying the road is not going to be formed, it becomes part of the common marine and coastal area. The Minister's decision is based on things like resource consents. If a new unformed road is made in the marine and coastal area, it is part of the common marine and coastal area. But if the road is formed, it is no longer part of the common marine and coastal area. The ownership and management of the road are decided by other laws. Some words have special meanings, like 'formation' which is explained in the Local Government Act 1974. 'Private road' is also explained in the Local Government Act 1974. There is also a special date called the 'quinquennial anniversary' which is the fifth, tenth, or 15th anniversary of the Act starting. Note that some rules do not apply to private roads, as stated in section 15.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3597224.

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Topics:
Environment and resources > Town planningHousing and property > Land use
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13: Boundary changes of marine and coastal area, or

"How the marine and coastal area changes when land is added or removed"

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15: No ownership in road that becomes part of common marine and coastal area, or

"Roads that become part of the common marine and coastal area are no longer owned by anyone."

Part 2Common marine and coastal area
Interests in common marine and coastal area

14Roads located in marine and coastal area

  1. Any road, whether formed or unformed, that is in the marine and coastal area on the commencement of this Act is not part of the common marine and coastal area.

  2. A certificate signed and dated by the responsible Minister may state, in respect of an unformed road to which subsection (1) applies,—

  3. that the formation of the road has commenced; or
    1. that the Minister believes that the formation of the road is intended to be commenced, having regard to any evidence that the Minister considers relevant, including, without limitation, any resource consent or other authorisation for that formation or any application or proposed application for such consent or authorisation.

      1. If, on the day before any quinquennial anniversary, an unformed road to which subsection (1) applies continues in existence as an unformed road, then that road is deemed to be stopped, and becomes part of the common marine and coastal area on that anniversary, unless a current certificate has been signed and dated in respect of that road.

      2. If a road to which subsection (1) applies continues to be unformed for at least 15 years after the commencement of this Act, the road is deemed to be stopped, and becomes part of the common marine and coastal area, on the date that the responsible Minister, in his or her discretion, signs and dates a certificate stating that—

      3. the formation of the road has not commenced; and
        1. the Minister believes that there is no longer an intention to commence the formation of the road.

          1. An unformed road that, after the commencement of this Act, comes into existence in the marine and coastal area is part of the common marine and coastal area.

          2. However, if a road to which subsection (5) applies is formed, the road ceases to be part of the common marine and coastal area on the day on which its formation is completed.

          3. In any case where a road in the marine and coastal area is not part of the common marine and coastal area, the ownership, management, and control of the road is determined and governed by the enactments that apply to the road.

          4. Nothing in this section (except subsection (7)) or in section 15 applies to a private road.

          5. In this section,—

            current certificate means a certificate under subsection (2) that is dated not earlier than 6 months before the relevant quinquennial anniversary

              formation and form have the same meaning as in section 2(1) of the Local Government Act 1974

                private road has the same meaning as in section 315(1) of the Local Government Act 1974

                  quinquennial anniversary means any date that is the fifth, tenth, or 15th anniversary of the commencement of this Act.