Marine and Coastal Area (Takutai Moana) Act 2011

Common marine and coastal area - Reclaimed land

42: Savings

You could also call this:

"Keeping rights to land reclaimed from the sea"

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

You have rights to some land that was reclaimed from the sea. The Minister of Conservation must make sure you get these rights if you have met all the conditions and paid the price. This happens as if some new rules were not made and the Resource Management Act 1991 was not changed by this Act. You might have an agreement under section 355 of the Resource Management Act 1991. The Minister of Conservation must honour this agreement. This is because of a decision made under the Resource Management Act 1991 before this new Act started. A decision in this case includes an agreement referred to in section 355AA(2)(b) of the Resource Management Act 1991. This means you will get the rights to the land as agreed. The Minister of Conservation must follow the rules of the Resource Management Act 1991 as it was before this new Act started, and also follow the rules of the Resource Management Act 1991.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3597244.

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

Topics:

Environment and resources > ConservationEnvironment and resources > Land useHousing and property > Land use

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

"Old coastal land applications are decided under old rules"

43: Land reclaimed from customary marine title areas by customary marine title groups, or

"Reclaiming land that was once under the sea and belonged to your iwi or hapū"

Part 2Common marine and coastal area
Reclaimed land

42Savings

Where, as at the commencement of this Act, any right, title, or interest in reclaimed land is to be vested in a person under a determination of an application under section 355 of the Resource Management Act 1991 (as in force immediately before the commencement of this Act) but the right, title, or interest has not yet been formally vested, the Minister of Conservation must, if satisfied that all relevant conditions have been fulfilled and the price (if any) has been paid, give effect to the determination as if—
this subpart (other than this section) had not been enacted; and
the Resource Management Act 1991 had not been amended by this Act.

In subsection (1), determination includes an agreement referred to in section 355AA(2)(b) of the Resource Management Act 1991 (as in force immediately before the commencement of this Act).