Foreshore and Seabed Act 2004 No 93 (as at 01 January 2009), Public Act

17 Rights of lessees, licensees, etc, preserved
  • (1) In this section, specified interest means any lease, licence, permit, consent, or other authorisation (not being a resource consent) granted or to be granted under any enactment, including subsection (5), in respect of any area of the public foreshore and seabed.

    (2) A specified interest and any resource consent that, immediately before the commencement of this section, was in effect continues, to the extent to which it is lawful, to have effect according to its tenor.

    (3) Subsection (2) is subject to section 42 of the Resource Management (Foreshore and Seabed) Amendment Act 2004.

    (4) Every specified interest that is continued by subsection (2) and that has been granted by a person other than the Crown is deemed to have been granted by the Crown.

    (5) Every agreement in writing in which the Crown, a Harbour Board, or a local authority agreed to grant a specified interest continues to have effect according to its tenor if the Crown was, immediately before the commencement of this section, bound by the agreement (whether as successor or otherwise).

    (6) The Minister of Conservation is authorised to execute on behalf of the Crown any instrument or other document that is required to be executed by the Crown in respect of any specified interest.

    (7) The Minister of Conservation may take any proceedings that are necessary to enforce any condition in a specified interest as if the Minister had granted the specified interest.

    (8) This section has effect despite sections 13 and 14.

    (9) Promptly after the commencement of this section, every local authority that has, before that commencement, granted a specified interest must give the Minister of Conservation, through the Director-General of Conservation, notice of that interest and give the Director-General copies of all documents that are relevant to that interest.