Where a CSD is being prepared for a parcel that has some land below MHWS, consideration needs to be given to whether this land needs to be identified as being or becoming common marine and coastal area.
Determining whether a parcel of land includes common marine and coastal area
The Marine and Coastal Area (Takutai Moana) Act impacts differently on land held in fee simple estate by a private owner than it does on land held by the Crown or a Local Authority (LA). To understand which land is affected, it is necessary to understand the definitions of some key terms:
- marine and coastal area
- common marine and coastal area
- specified freehold land.
- coastal marine area
Land that meets the definition of both ‘marine and coastal area’ and ‘common marine and coastal area’ became part of the common marine and coastal area when the act came into force. When such land is being dealt with on a plan that is not a subdivision, (e.g, road taking), the common marine and coastal area needs to be considered/and possibly identified.
Specified freehold land (or part thereof) that is in the coastal marine area is only required to be shown as part of the common marine and coastal area upon subdivision.
View s237A of the Resource Management Act 1991
Note that for rivers:
- Only certain parts of the beds of tidal rivers are part of the marine and coastal area (see coastal marine area definition), and this largely depends on the position of the river mouth.
- The term ‘mouth’ is defined in section 2 of the RMA. Investigation of Regional Council websites/coastal plans and other related information may be necessary to determine the position of the river mouth in order to determine the extent of the coastal marine area, as river mouth positions. These positions have been determined by regional and local authorities and the Department of Conservation. In some cases the extent of the coastal marine area is also specified.
Depicting Common Marine and Coastal Area
The purpose of this guideline is to:
- facilitate the correct interpretation of the Rules for Cadastral Survey 2010 in regard to the survey of land affected by Marine and Coastal Area (Takutai Moana) Act 2011
- outline requirements for showing common marine and coastal area in a cadastral survey dataset (CSD).
It shows various examples of different situations that may arise.
Please be sure to report thoroughly on how the Marine and Coastal Area (Takutai Moana) Act 2011 has affected the survey and depiction of parcels in the CSD.