Marine and Coastal Area Act (MACAA) where Crown or local authority owns land

Note: this guideline is issued by the Surveyor-General under section 7(1)(ga) of the Cadastral Survey Act 2002 about the Rules for Cadastral Survey 2010 and is not legally binding.

The following information relates to the survey of land owned by the Crown or a local authority where part has become common marine and coastal area under the Marine and Coastal Area (Takutai Moana) Act 2011 (MACAA).

Land below MHWS owned by the Crown or a Local authority became part of the common marine and coastal area at the time MACAA came into effect [s 11 MACAA]. In some cases this also affects unformed legal roads [s 14 MACAA]. Note, there are some exceptions (refer to s 9 MACAA definition of 'common marine and coastal area').

MACAA also requires Crown or local authority land previously above MHWS, but which is now below MHWS as a result of erosion or other natural occurrence, to be part of the common marine and coastal area [s 11(4) MACAA].  This change does not need to be gradual or imperceptible.

These requirements apply to parcels with fixed boundaries as well as parcels that do not adjoin the sea.

For the manner in which the impact of MACAA is recorded when an affected primary parcel is re-surveyed see:

Where Crown or local authority land has or will have a record of title

Where land owned by the Crown or a local authority (note exceptions in legislation – refer to s 9 MACAA for definition of ‘common marine and coastal area) is held, or will be held, in a record of title, land below MHWS is to be identified to reflect the divesting of a common marine and coastal area (refer to s 11(3) and s 23 MACAA).

The scenarios relating to differing MHWM and MHWS boundaries explained in Marine and Coastal Area Act (MACAA) and subdivisions also apply in these cases.

However, there is one key difference. For private land to become part of the common marine and coastal area it is to be depicted as a new primary parcel with appellation etc. Whereas for land owned by the Crown/local authority, because the land is already part of the common marine and coastal area, it is to be depicted as a residue parcel without appellation etc.  In these cases, the residue parcel is only identified by the annotation 'common marine and coastal area'.  This notation, clearly related to the new residue parcel, is one way of demonstrating compliance with MACAA and rule 2 definition of residue parcel.

For specific rule requirements see MACAA and land already part of common marine and coastal area as residue parcel.

In Figure 1 below, the appellations of the primary parcels will be either Sections or Lots depending on the type of CSD.

Figure 1: Where Crown or local authority land is in a record of title

Where Crown or local authority land will not have a record of title

Where land owned by the Crown or a local authority (note exceptions in legislation) is not held or will not be held in a record of title and either:  

or

  • will continue to be owned by the Crown or a local authority where its status will be unaffected by the legalisation or vesting, then there is no need to separately identify any portion below MHWS.  Instead, where the boundary is MHWM, it is to be annotated 'boundary affected by Marine and Coastal Area Act 2011'.
     
    Note: because the divested common marine and coastal area (refer to s 11(3) and s 23 MACAA) has not been identified, the parcel as defined in the SO (survey office) CSD may not be suitable for a record of title to issue should this be required in the future. 

In Figure 2 below the diagrams show land being disposed of or being identified for a legalisation action (eg to be set apart for road or vested as part of a treaty settlement) above MHWS as Sec 1 and below MHWS as 'common marine and coastal area'.  In both cases, the ownership and status of Sec 2 is to remain unchanged and therefore the land below MHWS is not shown, but the boundary is annotated 'boundary affected by Marine and Coastal Area Act 2011'.

Figure 2: Crown or local authority land subject to legalisation or vesting
Last Updated: 12 November 2018
Authority: Surveyor-General - Section 7(1)(ga) of the Cadastral Survey Act 2002
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