New Zealand Legislation: Acts
Acts are laws made by Parliament
Reprint as at 1 April 2011
| Public Act | 2004 No 93 |
| Date of assent | 24 November 2004 |
| Commencement | see section 2 |
Foreshore and Seabed Act 2004: repealed, on 1 April 2011, by section 5 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3)
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.
A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.
This Act is administered by the Ministry of Justice.
Part 2
Public foreshore and seabed
8 Rights of navigation within foreshore and seabed
9 Existing fishing rights preserved
Act replaces certain jurisdictions in respect of public foreshore and seabed
11 Action that must be taken on customary rights claim
12 No jurisdiction of Māori Land Court to consider existing applications relating to foreshore and seabed
Ownership and management of public foreshore and seabed
13 Public foreshore and seabed vested in the Crown
14 Public foreshore and seabed not to be alienated
15 Rights of owners of formed roads and roads under construction preserved
16 Rights of owners of fixtures preserved
17 Rights of lessees, licensees, etc, preserved
18 Land reclaimed before this Act vests in the Crown if not otherwise owned
19 Status of land not affected if reclaimed, after commencement of this section, from public foreshore and seabed
20 Additions to public foreshore and seabed resulting from activities
21 Extension of public foreshore and seabed by acquisition of land in private title
22 Provisions relating to certificates of title wholly in public foreshore and seabed
23 Provisions relating to certificates of title to land in public foreshore and seabed and land above line of mean high water springs
24 Exclusion of interests in foreshore and seabed founded on adverse possession or prescriptive title
25 Local authorities may apply to Minister for redress for loss of divested areas
26 Access over areas of public foreshore and seabed may be prohibited or restricted
28 Ownership and administrative functions over public foreshore and seabed to be exercised in accordance with this Act and other enactments
29 Civil liability not affected
30 Repeal of Foreshore and Seabed Endowment Revesting Act 1991
31 Section 7 of Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977 repealed
Findings of High Court with respect to territorial customary rights in public foreshore and seabed
32 Meaning of territorial customary rights
33 High Court may find that a group held territorial customary rights
34 Matters that must be considered and may be taken into account
36 Consequence of successful application under section 33
37 Reference to Ministers under section 36(1)(a)
38 No redress other than that given by the Crown
39 If no finding made, application may in appropriate cases be considered under Part 3 or Part 4
40 Purposes and status of foreshore and seabed reserve
Establishment, administration, and functions
43 Establishment of foreshore and seabed reserve and appointment of members of board
44 Preparation of management plan for foreshore and seabed reserve
45 Service and notification of orders
Part 3
Provisions relating to Māori Land Court and orders it may make
Subpart 1—Jurisdiction of Māori Land Court and application of Te Ture Whenua Maori Act 1993
Jurisdiction of Māori Land Court
46 Jurisdiction of Māori Land Court
Application of Te Ture Whenua Maori Act 1993
47 Powers and procedures of Māori Land Court
Subpart 2—Customary rights orders
Applications to Māori Land Court
49 Limits to jurisdiction of Māori Land Court under this Part
50 Determination of applications for customary rights orders
51 Basis on which customary rights orders determined by Māori Land Court
52 Effects of customary rights order
55 Limitation on effect of orders
56 Limitation on exercise of customary rights order
57 Limitation on making exclusive orders
Variation or cancellation of orders
59 Cancellation of customary rights order
60 Application to vary or cancel orders
61 Basis for varying or cancelling orders
62 Inquiry into applications for orders
63 Rights of appeal against decisions of Māori Land Court
64 When case must be stated to Māori Appellate Court
Part 4
High Court jurisdiction in relation to customary rights orders
67 Jurisdiction of the High Court
71 Public notice of application
Determination of customary rights orders by High Court
73 Limits to jurisdiction of High Court under this Part
74 Determination of applications for customary rights orders
75 Basis on which customary rights orders determined by High Court
76 Effects of customary rights order
78 Protection of sites of significance
79 Limitation on effect of orders
80 Limitation on exercise of customary rights order
81 Limitation on making exclusive orders
82 Contents of orders of High Court
87 Application to vary or cancel orders
88 Contents of application to vary or cancel orders
89 Basis for varying or cancelling orders
90 Rights of appeal against decision of High Court
91 Orders must be recorded in register
Part 5
Provisions relating to public foreshore and seabed register, recognition agreements, and other matters
Subpart 1—Public foreshore and seabed register
92 Public foreshore and seabed register
93 Requirements for keeping public foreshore and seabed register
95 Application of Privacy Act 1993
Subpart 2—Recognition agreements
96 Agreements to recognise territorial customary rights
97 Registration and notification of agreements
Subpart 3—Regulations, saving, repeals, and amendments
99 Rules governing applications to High Court
100 Provision saving Māori reservations
101 Status of existing and future agreements between Crown and claimant groups
102 Relationship between local Acts and this Act
103 Consequential and related amendments
Schedule 1
Procedures of Māori Land Court in exercising jurisdiction in relation to public foreshore and seabed
