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  • repealed
  • Foreshore and Seabed Act 2004: repealed, on 1 April 2011, by section 5 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).
28 Ownership and administrative functions over public foreshore and seabed to be exercised in accordance with this Act and other enactments
  • (1) The Minister of Conservation has and may exercise in relation to the public foreshore and seabed all the functions, duties, and powers of the Crown as owner of the public foreshore and seabed.

    (2) In exercising the functions, duties, and powers described in subsection (1), the Minister of Conservation must have particular regard to the object stated in section 3.

    (3) The public foreshore and seabed must be administered in accordance with this section and any other enactment that regulates the use of, or activities on, the foreshore and seabed, whether directly or as land of the Crown.

    (4) Section 13(1) does not affect any power to impose, by or under an enactment, a prohibition, limitation, or restriction in respect of an area of the public foreshore and seabed.

    (5) Section 13(1) does not affect any power, by or under an enactment, to accord a special or protected status to an area of the foreshore or seabed, or to set aside any such area for specific public purposes.

    (6) Section 13(1) does not affect—

    • (a) any status that has, by or under an enactment and before the commencement of this section, been accorded to an area of the public foreshore and seabed; or

    • (b) any specific public purpose for which an area of the public foreshore and seabed has, by or under an enactment and before the commencement of this section, been set aside; or

    • (c) a prohibition, limitation, or restriction imposed, by or under an enactment and before the commencement of this section, in respect of an area of the public foreshore and seabed.