Marine and Coastal Area (Takutai Moana) Act 2011
LINZ's role under the Marine and Coastal Area (Takutai Moana) Act 2011
LINZ and the Minister for Land Information have a number of new roles under the recently enacted Marine and Coastal Area (Takutai Moana) Act 2011 ('Act'). These roles relate to:
- Reclaimed land
- Marine and Coastal Area Register
- Deemed accommodated activities.
- Surveys of Customary Marine Title areas
LINZ is currently developing procedures and processes for managing these new functions. LINZ is also developing detailed information for applicants for an interest in reclaimed land. Further information will be provided on this website as it becomes available.
The Act provides a new regime for the granting of interests in reclaimed land formed from the common marine and coastal area. The Act gives LINZ new responsibilities in relation to the granting of an interest in reclaimed land. Prior to enactment of the Act, most applications for an interest in reclaimed land were processed by the Department of Conservation.
What is reclaimed land?
Reclaimed land is permanent land formed from land that was formerly below the line of mean high-water springs and, as a result of a reclamation, is now located above the line of mean high-water springs. It does not include land that arises as a result of natural processes such as accretion, or structures such as breakwaters.
Land may be reclaimed for a number of purposes including port company developments, airport runway extensions, marinas and other land uses.
The Marine and Coastal Area (Takutai Moana) Act 2011 allows applicants to seek an interest in the reclaimed land, ranging from fee simple (freehold) title to leases, licences or other rights or title to occupy or use the land.
What is LINZ’s role in relation to reclaimed land?
Under the Marine and Coastal Area (Takutai Moana) Act 2011, LINZ is responsible for processing applications from parties who wish to acquire an interest in reclaimed land. Decisions are made by the Minister for Land Information. The Act sets out the matters the Minister must consider in making a determination, for example, any conditions that must be fulfilled before an interest is granted.
Before an application for an interest in reclaimed land can be made to LINZ, the applicant must have obtained all necessary resource consents from the relevant local authority. In determining whether or not to grant resource consent, the local authority will consider the environmental effects of the proposed reclamation.
Under the Marine and Coastal Area (Takutai Moana) Act 2011, LINZ is also responsible for developing and maintaining a register of final Recognition Orders and Agreements in the common marine and coastal area. This means that, once developed, this register will record the details of any protected customary rights and/or customary marine title interests that have been recognised under the Act.
LINZ is responsible for processing applications for ‘deemed accommodated activities’ in a customary marine title area. Permission must be sought from the Minister for Land Information, through LINZ, for any important structures or infrastructure to be placed in a customary marine title area if permission cannot be obtained from the holder of the customary marine title.
For further information, please contact Craig Harris, Crown Property Regulatory, phone +64 4 460 0170, email firstname.lastname@example.org