Marine and Coastal Area (Takutai Moana) Act 2011

  • This version was replaced on 16 January 2019 to make a correction to section 23(3) under section 25(1)(j)(iv) of the Legislation Act 2012
25 Local authorities may apply to Minister for redress for loss of divested areas

(1)

A local authority that, as a result of the operation of section 11(3) or (4)or 17, loses its title to any land in the common marine and coastal area that it had acquired by purchase may apply to the Minister of Conservation for redress.

(2)

In considering an application by a local authority under subsection (1), the Minister of Conservation must be guided by whichever of the following criteria is applicable:

(a)

if the local authority purchased the relevant land at full market value, compensation is to be paid at current market value:

(b)

if the local authority did not purchase the relevant land at full market value, redress is limited to compensation for direct financial loss to the local authority arising from the loss of ownership, including loss of—

(i)

any income that the local authority would, but for the operation of section 11(3) or (4) or 17, have derived from the relevant part of the marine and coastal area; and

(ii)

any investment that the local authority made in the land after purchase.

(3)

An application under subsection (1) must be made,—

(a)

if the loss results from the operation of section 11(3), not later than 12 months after the commencement of this Act:

(b)

if the loss results from the operation of section 11(4) or 17, not later than 12 months after the occurrence of the loss to which the application relates.

(4)

No court has jurisdiction to hear any claim in respect of any loss suffered by a local authority as a result of the operation of section 11(3) or (4) or 17.

(5)

Any application made under section 25 of the Foreshore and Seabed Act 2004 that, on the commencement of this Act, has not yet been finally determined by the Minister of Conservation must be treated as if this Act (other than this subsection) had not been enacted.