Marine and Coastal Area Act (MACAA) where land is being acquired by Crown or local authority

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 private land that is to be acquired by the Crown or local authority where part of the land is in the marine and coastal area.

Where the Crown or a local authority acquires privately owned land, any part of the acquired land below MHWS becomes part of the common marine and coastal area (refer s 17 MACAA). This includes land surveyed for legalisation purposes.

To understand what land is affected, it is necessary to consider the definitions of ‘marine and coastal area’, ‘common marine and coastal area’ and ‘specified freehold land’ in s 9 MACAA, and  the definitions of ‘coastal marine area’ and ‘mouth’ (in relation to rivers) in s 2 Resource Management Act 1991.

The land below MHWS should be a new primary parcel with an appellation (eg Sec 3), area and an annotation 'common marine and coastal area’. In Landonline the parcel should be given the parcel intent 'hydro' so that it can be combined in Landonline with the adjoining sea.

In Figure 1 below, the diagrams show land being acquired above MHWS as Sec 1, and land being acquired below MHWS as 'Sec 3 Common marine and coastal area’.  Sec 2 is to remain in private ownership. In the right hand diagram, no land is part of the common marine and coastal area because none of the land below MHWS is being acquired.

Figure 1: Private land subject to legalisation action
Last Updated: 6 April 2017
Authority: Surveyor-General - Section 7(1)(ga) of the Cadastral Survey Act 2002
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