Resource Management Act 1991

355 Vesting of reclaimed land

• (1) [Repealed]

  (2) Any person may apply to the Minister of Lands for any right, title, or interest in any land—

  • (a) which forms part of a riverbed or lakebed which is land of the Crown; and

  • (b) which has been reclaimed or is proposed to be reclaimed—

  to be vested in that person.

  (3) The Minister of Lands may, if he or she thinks fit, by notice in the Gazette, vest in the applicant any right, title, or interest in any area of reclaimed land that forms part of a riverbed or lakebed that is not within the coastal marine area and which is land of the Crown after—

  • (a) determining an appropriate price (if any) to be paid by the applicant in respect thereof; and

  • (b) ensuring that the consent authority has issued a certificate under section 245(5)(a)(ii) or (5)(b)(ii).

  (4) Every Gazette notice published under subsection (3)—

  • (a) shall state the name of the person or local authority in whom or which the right, title, or interest is vested, and accurately describe the position and extent of the reclaimed land; and

  • (ab) must describe the right, title, or interest vested; and

  • (b) shall refer to any encumbrances or restrictions imposed on the applicant's right, title, or interest in the land; and

  • (c) shall be sent by the relevant Minister to the Registrar-General of Land, with a request that a certificate of title be issued accordingly; and

  • (d) shall be registered, without fee, by the Registrar-General of Land as soon as practicable after receipt from the Minister.

  (5) The Registrar-General of Land shall, in accordance with a request made under subsection (4)(c), issue an appropriate certificate of title in respect of the right, title, or interest in the land vested by the Gazette notice.

  (6) For the purposes of this section, references to land that forms part of a riverbed or lakebed include land which was part of that bed before it was reclaimed.

  Section 355(1): repealed, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

  Section 355(3): amended, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

  Section 355(3): amended, on 25 November 2004, by section 34(1) of the Resource Management (Foreshore and Seabed) Amendment Act 2004 (2004 No 94).

  Section 355(4)(ab): inserted, on 25 November 2004, by section 34(2) of the Resource Management (Foreshore and Seabed) Amendment Act 2004 (2004 No 94).

  Section 355(4)(c): amended, on 1 October 2009, by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

  Section 355(4)(d): amended, on 1 October 2009, by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

  Section 355(5): amended, on 1 October 2009, by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

  Section 355(6): replaced, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).