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Natural Environment Bill

Enforcement and other matters - Miscellaneous - Existing rights

326: Crown's existing rights to resources to continue

You could also call this:

"The government keeps its existing rights to land, water, and coastal areas."

Illustration for Natural Environment Bill

If this proposed law is passed, the government's existing rights to resources will continue. You need to know that the government has rights to some land and water, and these rights will not be affected by the new law. The government got these rights before the new law starts, and they will keep them after it begins. The government has interests in some water, and you can use this water without asking the government for permission. You can take, use, or discharge water if you are not breaking the new law or any rules made under it. You can also use or occupy some parts of the coastal area without asking for permission, unless the new law or another law says you need to. This means you can use the coastal area unless there is a specific rule that says you cannot.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1532502.

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Topics:
Environment and resources > ConservationEnvironment and resources > WaterGovernment and voting > Government departmentsHousing and property > Land use
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"How a ship's owner or master gets a summons for breaking the law"

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327: Rights or interests in freshwater and geothermal resources preserved, or

"This law keeps existing rights to freshwater and geothermal resources."

Part 6Enforcement and other matters
Miscellaneous: Existing rights

326Crown's existing rights to resources to continue

  1. Without limiting the Interpretation Act 1999 but subject to subsection (2), it is hereby declared that the repeal by this Act or the Crown Minerals Act 1991 of any enactment, including in particular—

  2. section 3 of the Geothermal Energy Act 1953; and
    1. section 21 of the Water and Soil Conservation Act 1967; and
      1. section 261 of the Coal Mines Act 1979,—
          1. does not affect any right, interest, or title, to any land or water acquired, accrued, established by, or vested in, the Crown before the date on which this Act comes into force, and every such right, interest, and title shall continue after that date as if those enactments had not been repealed.

        1. Any person may take, use, dam, divert, or discharge into, any water in which the Crown has an interest, without obtaining the consent of the Crown, if the taking, use, damming, diversion, or discharge by that person does not contravene this Act or regulations.

        2. Any person may use or occupy any part of the common marine and coastal area without obtaining consent, unless consent must be obtained under—

        3. this Act; or
          1. any other enactment; or
            1. any instrument or order made under an enactment.