Foreshore and Seabed Act 2004 No 93 (as at 01 April 2011), Public Act

  • repealed
  • Foreshore and Seabed Act 2004: repealed, on 1 April 2011, by section 5 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).
5 Interpretation
  • In this Act, unless the context otherwise requires,—

    access rights has the meaning set out in section 7

    applicant group means a group that applies, or on whose behalf an application is made, to the High Court for a finding under section 33

    board, in relation to a foreshore and seabed reserve, means the board—

    • (a) that administers the foreshore and seabed reserve; and

    • (b) whose members are appointed in accordance with section 43

    Chief Executive means the Chief Executive of the Ministry of Justice

    Chief Judge has the same meaning as in section 4 of Te Ture Whenua Maori Act 1993

    Chief Registrar means the Chief Registrar of the Māori Land Court appointed under section 14 of Te Ture Whenua Maori Act 1993

    customary rights order means a public foreshore and seabed customary rights order made by—

    enactment

    • (a) has the meaning given to it by section 29 of the Interpretation Act 1999; and

    foreshore and seabed

    • (a) means the marine area that is bounded,—

      • (i) on the landward side by the line of mean high water springs; and

      • (ii) on the seaward side, by the outer limits of the territorial sea; and

    • (c) includes the bed of Te Whaanga Lagoon in the Chatham Islands; and

    • (d) includes the air space and the water space above the areas described in paragraphs (a) to (c); and

    • (e) includes the subsoil, bedrock, and other matters below the areas described in paragraphs (a) to (c)

    foreshore and seabed reserve means a specified area of the public foreshore and seabed—

    • (a) in respect of which a finding in favour of the applicant group has been made by the High Court under section 33; and

    • (b) that, by order of the High Court under section 43,—

      • (i) is set apart and established as a foreshore and seabed reserve; and

      • (ii) is administered by a board whose members are guardians of the reserve

    guardians means the members of the board of a foreshore and seabed reserve

    holder means—

    • (a) the legal entity that holds an order made under section 50; and

    • (b) in relation to an order made under section 74, the person that represents the group on whose behalf an application is made under section 68

    kaitiakitanga has the same meaning as in section 2(1) of the Resource Management Act 1991

    legal entity means—

    • (a) the legal entity declared by the Māori Land Court to hold a customary rights order made under section 50; and

    • (b) the person declared by the High Court to hold a customary rights order made under section 74; and

    • (c) in relation to an iwi, hapū, or whānau, a legal entity constituted under another enactment; and

    • (d) in relation to a whānau, a natural person

    local authority has the same meaning as in section 5(1) of the Local Government Act 2002

    management plan means a plan prepared by the guardians of a foreshore and seabed reserve in accordance with section 44

    Māori Appellate Court means the court continued by section 50 of Te Ture Whenua Maori Act 1993

    Māori Land Court means the court continued by section 6 of Te Ture Whenua Maori Act 1993

    natural and physical resources has the same meaning as in section 2(1) of the Resource Management Act 1991

    plan has the same meaning as in section 2(1) of the Resource Management Act 1991

    proposed plan has the same meaning as in section 2(1) of the Resource Management Act 1991

    public foreshore and seabed

    • (a) means the foreshore and seabed; but

    • (b) does not include any land that is, for the time being, subject to a specified freehold interest

    public foreshore and seabed register means the register established, administered, and amended by sections 92 and 93

    public notice means a notice published not fewer than 3 times, with an interval of not less than 7 days between each publication, in—

    • (a) a principal metropolitan newspaper circulating predominantly in each of the cities of Auckland, Wellington, Christchurch, and Dunedin; and

    • (b) a newspaper circulating predominantly in the area to which the relevant matter applies

    recognised customary activity has the same meaning as in section 2(1) of the Resource Management Act 1991

    Registrar means the Registrar-General of Land appointed under section 4 of the Land Transfer Act 1952

    resource consent has the same meaning as in section 2(1) of the Resource Management Act 1991

    road

    • (a) has the same meaning as in section 315(1) of the Local Government Act 1974; and

    • (b) includes a motorway within the meaning of section 2(1) of the Government Roading Powers Act 1989

    specified freehold interest means an interest that, immediately before the commencement of this section, a person other than the Crown or a local authority has as the owner of—

    • (a) an estate in fee simple for which a certificate of title or computer freehold register—

      • (i) has, before that commencement, been issued; or

      • (ii) is, at that commencement, to be issued on the basis of an instrument lodged with the Registrar before that commencement; or

    • (b) Māori freehold land within the meaning of section 4 of Te Ture Whenua Maori Act 1993; or

    territorial customary rights has the meaning it is given in section 32

    territorial sea has the same meaning as in section 3 of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977

    tikanga Māori has the same meaning as in section 4 of Te Ture Whenua Maori Act 1993

    wāhi tapu has the same meaning as in section 2 of the Historic Places Act 1993

    Section 5 road paragraph (b): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).