Foreshore and Seabed Act 2004

  • repealed
  • Foreshore and Seabed Act 2004: repealed, on 1 April 2011, by section 5 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

Reprint as at 1 April 2011

Foreshore and Seabed Act 2004

Public Act2004 No 93
Date of assent24 November 2004
Commencementsee 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  • Foreshore and Seabed Act 2004: repealed, on 1 April 2011, by section 5 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3)


Note

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.


Contents

1 Title

2 Commencement

Part 1
Preliminary provisions

3 Object

4 Purposes

5 Interpretation

6 Act binds the Crown

Part 2
Public foreshore and seabed

Rights of access

7 Rights of access

Rights of navigation

8 Rights of navigation within foreshore and seabed

Rights of fishing

9 Existing fishing rights preserved

Act replaces certain jurisdictions in respect of public foreshore and seabed

10 Jurisdiction of High Court

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

27 Enforcement of section 26

Other enactments not affected

28 Ownership and administrative functions over public foreshore and seabed to be exercised in accordance with this Act and other enactments

Civil liability not affected

29 Civil liability not affected

Consequential repeals

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

35 Procedure

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

Foreshore and seabed reserves

40 Purposes and status of foreshore and seabed reserve

41 Directions of High Court

42 Contents of charter

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

Service and notification

45 Service and notification of orders

Part 3
Provisions relating to Māori Land Court and orders it may make

Subpart 1Jurisdiction 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 2Customary rights orders

Applications to Māori Land Court

48 Applications for orders

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

Effects

52 Effects of customary rights order

53 Powers of holder

Wāhi tapu

54 Protection of wāhi tapu

Limitations

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

58 Orders may be varied

59 Cancellation of customary rights order

60 Application to vary or cancel orders

61 Basis for varying or cancelling orders

Subpart 3Procedural matters

Inquiry by way of hearing

62 Inquiry into applications for orders

Appeal rights

63 Rights of appeal against decisions of Māori Land Court

64 When case must be stated to Māori Appellate Court

65 Further rights of appeal

Part 4
High Court jurisdiction in relation to customary rights orders

66 Interpretation

Jurisdiction

67 Jurisdiction of the High Court

Applications to High Court

68 Applications for orders

69 Contents of applications

70 Directions as to service

71 Public notice of application

Parties

72 Entitlement to appear

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

Effects

76 Effects of customary rights order

77 Powers of holder

Sites of significance

78 Protection of sites of significance

Limitations

79 Limitation on effect of orders

80 Limitation on exercise of customary rights order

81 Limitation on making exclusive orders

Orders of High Court

82 Contents of orders of High Court

83 Commencement of orders

84 Notification of orders

Variation and cancellation

85 Orders may be varied

86 Cancellation of orders

87 Application to vary or cancel orders

88 Contents of application to vary or cancel orders

89 Basis for varying or cancelling orders

Appeal rights

90 Rights of appeal against decision of High Court

Recording of orders

91 Orders must be recorded in register

Part 5
Provisions relating to public foreshore and seabed register, recognition agreements, and other matters

Subpart 1Public foreshore and seabed register

92 Public foreshore and seabed register

93 Requirements for keeping public foreshore and seabed register

94 Inspection and copying

95 Application of Privacy Act 1993

Subpart 2Recognition agreements

96 Agreements to recognise territorial customary rights

97 Registration and notification of agreements

Subpart 3Regulations, saving, repeals, and amendments

98 Regulations

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

Schedule 2
Consequential and related amendments

Reprint notes