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Natural Environment Bill

Enforcement and other matters - Miscellaneous - Vesting of reclaimed land and unlawful reclamation

330: Enforcement powers against unlawful reclamations

You could also call this:

"Stopping people who take coastal land without permission"

Illustration for Natural Environment Bill

If someone has taken land from the coastal marine area without permission since this law started, the Minister of Conservation, a regional council, and the EPA can use their powers to stop this. They can do this as if the land was still in the coastal marine area. You can find out more about these powers in Part 6. If someone took land from the coastal marine area without permission before this law started, the Minister of Conservation, a regional council, or the EPA can ask the Environment Court for an order. This order would tell the person who took the land to fix any problems caused by taking the land. The Environment Court decides what needs to be done to fix these problems, and Part 6 applies to this situation. The Minister of Conservation, a regional council, and the EPA can work together or separately to remove land that was taken without permission from the coastal marine area. They can do this even if they have not asked the Environment Court for an order. To remove the land, they need a natural resource permit, unless a natural environment plan, proposed national environment plan, or national rule says they do not need one.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1539833.

This page was last updated on 14 December 2025 — View changes

Topics:

Environment and resources > ConservationEnvironment and resources > Town planningGovernment and voting > Local councilsGovernment and voting > Government departments

329: Application for consent to unlawful reclamation, or

"Asking to keep land taken from the coast without permission"

331: Matters may be determined by arbitration, or

"Some disagreements can be solved by an independent arbitrator if everyone agrees."

Part 6Enforcement and other matters
Miscellaneous: Vesting of reclaimed land and unlawful reclamation

330Enforcement powers against unlawful reclamations

If, since the date of commencement of this Act, any land has been unlawfully reclaimed from the coastal marine area, the powers of the Minister of Conservation, a regional council, and the EPA under Part 6 apply to that reclaimed land as if the land were still situated within the coastal marine area.
If any land has been unlawfully reclaimed from the coastal marine area before the commencement of this Act, the Minister of Conservation, a regional council, or the EPA may seek an enforcement order against the person who reclaimed the land, or the occupier of the reclaimed land, requiring that person to take such action as, in the opinion of the Environment Court, is necessary in order to avoid, remedy, or mitigate any actual or likely adverse effect on natural resources or people caused by the carrying out of the reclamation or by the reclaimed land; and, in that case, Part 6 applies with all necessary modifications.
Whether or not an enforcement order has been sought or granted under subsection (2), the Minister of Conservation, a regional council, and the EPA, either jointly or severally, may take any necessary action to remove the unlawfully reclaimed land from the coastal marine area.
To avoid doubt, any action taken under subsection (3) to remove any reclaimed land requires a natural resource permit unless expressly allowed by a natural environment plan, proposed national environment plan, or national rule.