Marine and Coastal Area (Takutai Moana) Act 2011

  • Warning: Some amendments have not yet been incorporated
  • This version was reprinted on 2 June 2016 to make corrections to sections 14(8), 48(3)(c)(i), 52(4)(b)(ii), 58(3), 63, 70, 71(6), and 98(6) under section 25(1)(j)(i) and (ii) of the Legislation Act 2012.

Reprint as at 20 May 2014

Coat of Arms of New Zealand

Marine and Coastal Area (Takutai Moana) Act 2011

Public Act
2011 No 3
Date of assent
31 March 2011
see section 2

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry of Justice.


3Outline of Act
5Repeal of Foreshore and Seabed Act 2004
6Customary interests restored
7Treaty of Waitangi (te Tiriti o Waitangi)
8Rights and obligations under international law not affected
10Act binds the Crown
11Special status of common marine and coastal area
12Areas acquiring status under certain enactments may vest in Crown
13Boundary changes of marine and coastal area
14Roads located in marine and coastal area
15No ownership in road that becomes part of common marine and coastal area
16Continued Crown ownership of minerals
17Additions to common marine and coastal area
18Rights of owners of structures
19Crown deemed to be owner of abandoned structures
20Act does not affect existing resource consents or lawful activities
21Certain proprietary interests to continue
22Provisions relating to computer freehold registers wholly in common marine and coastal area
23Provisions relating to computer freehold register to land in common marine and coastal area and land above line of mean high-water springs
24Exclusion of interests in marine and coastal area founded on adverse possession or prescriptive title
25Local authorities may apply to Minister for redress for loss of divested areas
26Rights of access
27Rights of navigation within marine and coastal area
28Fishing rights preserved
30Certain reclaimed land to vest in Crown
31New status of existing reclaimed land
32Minister may declare reclaimed land to be subject to Land Act 1948
33Minister to administer reclaimed land subject to this subpart
34Granting and disposition of interests in reclaimed land subject to this subpart
35Eligible applicants for interests in reclaimed land subject to this subpart
36Determination of application by Minister
37Presumption that certain applicants to be granted freehold interest in reclaimed land subject to this subpart
38Notification of determination and variation
39Vesting of interest in reclaimed land subject to this subpart
40Application for renewal of interests less than freehold
41Pending applications under Resource Management Act 1991 that relate to reclaimed land
43Land reclaimed from customary marine title areas by customary marine title groups
44Restrictions on disposition of freehold interest
45Offers to Minister, iwi or hapū, or public
46Overview of this Part
47Participation in conservation processes
48Notification of conservation process
49Obligation on decision maker
50Stranded marine mammals
51Meaning of protected customary rights
52Scope and effect of protected customary rights
53Delegations and transfers of protected customary rights
54Limitations on exercise of protected customary rights
55Effect of protected customary rights on resource consent applications
56Controls on exercise of protected customary rights
57Notification of controls
58Customary marine title
59Matters relevant to whether customary marine title exists
60Scope and effect of customary marine title
61Delegation and transfer
62Rights conferred by customary marine title
64Accommodated activities
65Deemed accommodated activities
66Scope of Resource Management Act 1991 permission right
67Procedural matters relevant to exercise of RMA permission right
68Effect of RMA permission right
69Offence and penalty provision
70Environment Court may make enforcement orders
71Scope and effect of conservation permission right
72Obligation to refer proposals for conservation activity if conservation permission right applies
73Obligations when conservation permission right is exercised
74Priority of protection purposes
75Matters relevant to determining protection purposes
76Decisions on grant of marine mammal permits
78Protection of wāhi tapu and wāhi tapu areas
79Wāhi tapu conditions
80Wardens and fishery officers
82Newly found taonga tūturu
83Status of minerals in customary marine title area
84Status of existing privileges within common marine and coastal area
85Planning document
86Lodging and registration of planning document
87Transitional provision
88Obligation on local authorities
89Obligation on Heritage New Zealand Pouhere Taonga
90Obligation on Director-General
91Obligation on Minister of Fisheries
93Obligations on regional councils in relation to planning documents
94Recognition of protected customary rights and customary marine title
95Recognition agreements
96How recognition agreements to be brought into effect
97Notification of agreement recognising protected customary rights
98Court may recognise protected customary right or customary marine title
99Court may refer to Māori Appellate Court or pūkenga for opinion or advice on tikanga
100Who may apply
101Contents of application
102Service of application
103Public notice of application
104Who may appear on application for recognition order
106Burden of proof
107Court’s flexibility in dealing with application
108Rules governing procedure
109Form of recognition order
110Requirements for notification of orders
111Recognition order may be varied or cancelled
112Right of appeal against decision of Court
113Orders sealed by Court
114Marine and coastal area register
115Requirements for keeping register
116Inspection and copying
117Application of Privacy Act 1993
118Regulations for administrative purposes
119Minister of Conservation to perform residual management functions
120Regulations for management of common marine and coastal area
122Persons breaching regulations or bylaws may be directed to stop
123Relationship between local Acts and this Act
124References to public foreshore and seabed
125Pending proceedings under Foreshore and Seabed Act 2004
126Giving of notices
127Amendment to section 7 of Conservation Act 1987
128Consequential amendments to other enactments
Reprint notes