(1) The common marine and coastal area is accorded a special status by this section.

(2) Neither the Crown nor any other person owns, or is capable of owning, the common marine and coastal area, as in existence from time to time after the commencement of this Part Act.

(3) On the commencement of this Part Act, the Crown and every local authority are divested of every title as owner, whether under any enactment or otherwise, of any part of the common marine and coastal area.

(4) Whenever, after the commencement of this Part Act, whether as a result of erosion or other natural occurrence, any land owned by the Crown or a local authority becomes part of the common marine and coastal area, the title of the Crown or the local authority as owner of that land is, by this section, divested.

(5) The special status accorded by this section to the common marine and coastal area does not affect—

• (a) the recognition of customary interests in accordance with this Act; or

• (b) any enactment that regulates the use of, or activities in or under, the common marine and coastal area or provides for the regulation of such use or activities; or

• (c) any enactment that imposes a prohibition, limitation, or restriction in respect of any area within the common marine and coastal area or provides for the imposition of such a prohibition, limitation, or restriction; or

• (d) any enactment that accords a status of any kind to any area within the common marine and coastal area or that provides for such status to be accorded; or

• (e) any enactment that confers powers or imposes duties to grant resource consents or permits (including the power to impose charges) within any part of the common marine and coastal area.

(5) The special status accorded by this section to the common marine and coastal area does not affect—

• (a) the recognition of customary interests in accordance with this Act; or

• (b) any lawful use of any part of the common marine and coastal area or the undertaking of any lawful activity in any part of the common marine and coastal area; or

• (c) any power to impose, by or under an enactment, a prohibition, limitation, or restriction in respect of a part of the common marine and coastal area; or

• (d) any power or duty, by or under an enactment, to grant resource consents or permits (including the power to impose charges) within any part of the common marine and coastal area; or

• (e) any power, by or under an enactment, to accord a status of any kind to a part of the common marine and coastal area, or to set aside a part of the common marine and coastal area for a specific purpose; or

• (f) any status that is, by or under an enactment, accorded to a part of the common marine and coastal area or a specific purpose for which a part of the common marine and coastal area is, by or under an enactment, set aside, or any rights or powers that may, by or under an enactment, be exercised in relation to that status or purpose.

(6) In this section, enactment includes bylaws, regional plans, and district plans.

(1) This section applies to any defined area within the common marine and coastal area, other than a customary marine title area, that acquires a status of any of the following kinds:

• (a) a conservation area within the meaning of section 2(1) of the Conservation Act 1987:

• (b) a national park within the meaning of section 2 of the National Parks Act 1980:

• (c) a reserve within the meaning of section 2 of the Reserves Act 1977:

• (d) a wildlife management reserve, wildlife refuge, or wildlife sanctuary within the meaning of section 2(1) of the Wildlife Act 1953.

(2) The Governor-General may, by Order in Council made on the recommendation of the Minister of Conservation, vest any defined area to which this section applies in the Crown any defined area to which this section applies other than an area that is within a customary marine title area.

(3) When an Order in Council made under this section comes into force, the defined area to which it relates ceases to be part of the common marine and coastal area.

(4) Every Order in Council made under this section is a regulation for the purposes of the Acts and Regulations Publication Act 1989 and the Regulations (Disallowance) Act 1989.

(1) When land is, as a result of natural processes, such as erosion, moved below the line of mean high-water springs, the land becomes part of the common marine and coastal area unless—

• (a) the owner of the land is a person other than the Crown or a local authority; and

• (b) the owner's title to the land is defined by fixed boundaries.

(2) When land in the common marine and coastal area is, as a result of natural processes, such as accretion, moved above the line of mean high-water springs, the land ceases to be part of the common marine and coastal area.

(3) Any land that ceases to be part of the common marine and coastal area, in the circumstances described in subsection (2), vests in the Crown and is subject to the Land Act 1948.

(4) Subpart 3 makes provision for reclaimed land.

(1) This Act (other than section 11(4)) does not affect any enactment or the common law that governs accretions or erosions.

(2) However, if, because of a change caused by a natural occurrence or process, any land, other than a road, that is owned by the Crown or a local authority becomes part of the marine and coastal area, then that land becomes part of the common marine and coastal area (even if that land consists of or is included in a piece of land defined by fixed boundaries).

(3) If land has, because of a change caused by a natural occurrence or process, ceased to be part of the common marine and coastal area, and the title to that land is not determined by an enactment or the common law, then the land vests in the Crown as Crown land and is subject to the Land Act 1948.

The Foreshore and Seabed Act 2004 (2004 No 93) is repealed.

(1) Any customary interests in the common marine and coastal area that were extinguished by the Foreshore and Seabed Act 2004 are restored and given legal expression in accordance with this Act.

(2) Any application, under this Act, for the recognition of customary interests must be considered and determined as if the Foreshore and Seabed Act 2004 had not been enacted.

(1) A road formed in the common marine and coastal area that, as at the commencement of this Part, is owned by the Crown, a local authority, or other person continues to be owned by the Crown, the local authority, or other person.

(2) If, at any time after the commencement of this Part, a road is formed in the common marine and coastal area, the Crown, local authority, or other person that commissioned the formation of the road acquires the ownership in the road.

(3) Structures, such as bridges and culverts, that form part of a road in the common marine and coastal area are—

• (a) if the owner is the Crown or a local authority, owned as separate property under section 19:

• (b) if the owner is a person other than the Crown or a local authority, owned as part of the road.

(4) This section overrides sections 11 and 19.

(1) Any road, whether formed or unformed, that is in the marine and coastal area on the commencement of this Act is not part of the common marine and coastal area.

(2) A certificate signed and dated by the responsible Minister may state, in respect of an unformed road to which subsection (1) applies,—

• (a) that the formation of the road has commenced; or

• (b) that the Minister believes that the formation of the road is intended to be commenced, having regard to any evidence that the Minister considers relevant, including, without limitation, any resource consent or other authorisation for that formation or any application or proposed application for such consent or authorisation.

(3) If, on the day before any quinquennial anniversary, an unformed road to which subsection (1) applies continues in existence as an unformed road, then that road is deemed to be stopped, and becomes part of the common marine and coastal area on that anniversary, unless a current certificate has been signed and dated in respect of that road.

(4) If a road to which subsection (1) applies continues to be unformed for at least 15 years after the commencement of this Act, the road is deemed to be stopped, and becomes part of the common marine and coastal area, on the date that the responsible Minister, in his or her discretion, signs and dates a certificate stating that—

• (a) the formation of the road has not commenced; and

• (b) the Minister believes that there is no longer an intention to commence the formation of the road.

(5) An unformed road that, after the commencement of this Act, comes into existence in the marine and coastal area is part of the common marine and coastal area.

(6) However, if a road to which subsection (5) applies is formed, the road ceases to be part of the common marine and coastal area on the day on which its formation is completed.

(7) In any case where a road in the marine and coastal area is not part of the common marine and coastal area, the ownership, management, and control of the road is determined and governed by the enactments that apply to the road.

(8) Nothing in this section (except subsection (7)) and in section 16A applies to a private road.

(9) In this section,—

(1) When a road or a former road becomes part of the common marine and coastal area, the title of the Crown or other entity as owner of the road is divested.

(2) If a road in the marine and coastal area is stopped under the Local Government Act 1974 or the Public Works Act 1981, the former road becomes or, as the case requires, continues to be, part of the common marine and coastal area.

(3) A certificate signed by the responsible Minister that identifies a road or an area and states that a provision of section 16 or this section has, since a specified date, applied to the road or area is, in the absence of proof to the contrary, sufficient evidence of the matters stated in the certificate.

(4) This section and section 16 override section 19.

(1) Nothing in section 11 or 82 affects section 10 of the Crown Minerals Act 1991, which provides that all petroleum, gold, silver, and uranium existing in its natural condition in land is the property of the Crown.

(2) For the purposes of section 11 of the Crown Minerals Act 1991, the operation of section 11 or 18 is deemed to be an alienation from the Crown and, accordingly, every mineral (other than pounamu to which section 3 of the Ngai Tahu (Pounamu Vesting) Act 1997 applies) existing in its natural condition in the common marine and coastal area is reserved in favour of the Crown.

(3) Section 11 does not affect any privileges and the Crown Minerals Act 1991 continues to apply to those privileges in all respects.

(4) This section is subject to section 82.

(1) If, at any time after the commencement of this Part Act, the Crown or a local authority acquires, whether by purchase, gift, exchange, or by operation of law, any specified freehold land that is wholly or partly within the marine and coastal area, then that land, to the extent that it is within the coastal marine marine and coastal area, becomes on that acquisition part of the common marine and coastal area.

(2) Subsection (1) does not apply to any specified freehold land that is accorded a status under an enactment other than this Act.

(3) Any road within the marine and coastal area becomes part of the common marine and coastal area if its use or construction as a road has been stopped or failed to commence.

(1) This section applies to any structure that is, on or after the commencement of this Part Act, fixed to, or under or over, any part of the common marine and coastal area.

(2) Each structure to which this section applies—

• (a) is to be regarded as personal property and not as land or as an interest in land; and

• (b) does not form part of the common marine and coastal area.

(3) A person who, immediately before the commencement of this Part Act, had an interest in a structure to which this section applies continues to have that interest in the structure as personal property until the person's interest is changed by a disposition or by operation of law.

(3A) A person is presumed, unless the contrary is shown, to own a structure to which this section applies if the person holds a resource consent for the occupation of the part of the common marine and coastal area in which the structure is located.

(4) Any authority, in force immediately before the commencement of this Part Act, by which the Crown, a Minister, an officer, an employee, a department, an instrument of the Crown, or a local authority is authorised to exercise and perform powers, duties, or functions in respect of a structure to which this section applies continues to be in force according to its tenor until it is changed or ceases to have effect by a lawful direction, disposition, or by operation of law.

(1) The Crown is deemed to be the owner of any structure that is abandoned in the common marine and coastal area.

(2) For the purposes of this section, a structure is abandoned if the regional council with statutory functions in the part of the common marine and coastal area in which the structure is located has, after due inquiry, been unable to ascertain the identity or the whereabouts of the owner of the structure.

(3) In this section, structure includes a vessel of any description.

(3) Where the ownership of a structure in the common marine and coastal area is uncertain, the regional council must undertake an inquiry under subsection (2) if there is no current resource consent in respect of the structure.

(4) Every inquiry under subsection (2) must be undertaken in accordance with regulations made under section 118.

(5) Nothing in this section makes the Crown liable—

• (a) for any breaches committed, in respect of a structure, before the Crown became the deemed owner of the structure; or

• (b) for any effects attributable to anything done or omitted, in respect of a structure, before the Crown became the deemed owner of the structure; or

• (c) to comply with any requirement in respect of the structure that does not relate to a matter of health or safety or to a significant adverse effect on the environment.

Nothing in this Act limits or affects any resource consent granted before the commencement of this Part.

Nothing in this Act limits or affects—

• (a) any resource consent granted before the commencement of this Act; or

• (b) any activities that can be lawfully undertaken without a resource consent or other authorisation.

(1) In this section, proprietary interest—

• (a) means any interest under a lease, licence, or permit permit, easement, or statutory authorisation (not being a resource consent) granted in respect of any land that, on the commencement of this Part Act, is located within the common marine and coastal area; and

• (b) includes any right to a renewal or an extension of that interest; but

• (c) does not include a privilege.

(2) A proprietary interest that, immediately before the commencement of this Part Act, was in effect continues, so far as it is lawful, to have effect according to its tenor.

(3) Every proprietary 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.

(4) 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 grantor in respect of any proprietary interest.

(5) The Minister of Conservation may enforce any condition to which a proprietary interest is subject by taking any measures, including the taking of proceedings, that the grantor of the interest could take.

(6) The Crown may grant a renewal or extension of a proprietary interest only if the interest contains a right of renewal or extension.

(7) This section overrides section 11.

(1) The Registrar must, at the request of the Minister of Conservation and without further authority than this section, cancel the whole of any computer freehold register that comprises land that is wholly within the common marine and coastal area.

(2) Immediately upon the cancellation under subsection (1) of a computer freehold register that is subject to a current registered interest or current registered notification, the Registrar must, without further authority than this section,—

• (a) issue a computer interest register under section 9 of the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 for that registered interest or notification; and

• (b) record on that computer interest register that the land to which the registered interest or notification relates is located in the common marine and coastal area.

(3) When the interest or notification for which a computer interest register has been issued in accordance with subsection (2)(a) expires or is extinguished or is otherwise determined, the Registrar must, at the request of the Minister of Conservation and without further authority than this section, cancel the computer interest register.

(1) If any computer freehold register comprises any land that is part of the common marine and coastal area as well as any adjacent land (the adjacent land) above the line of mean high-water springs, either the Minister of Conservation or the owner of the adjacent land may apply to the Registrar for the issue of a computer freehold register for the adjacent land.

(2) On presentation of the application, the Registrar, on payment of the appropriate fee, must, despite anything in the Land Transfer Act 1952,—

• (a) cancel the computer freehold register that comprises the land within the common marine and coastal area and the adjacent land; and

• (b) issue a computer freehold register under section 7 of the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 in the name of the owner of the adjacent land for the adjacent land; and

• (c) note any current registered interest or current registered notification that relates to the adjacent land against that computer freehold register in the order in which it appears on the computer freehold register cancelled under paragraph (a); and

• (d) issue a computer interest register under section 9 of the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 for any registered interest or current registered notification that relates to land within the common marine and coastal area that was part of the certificate of title or computer freehold register cancelled under paragraph (a).

(3) The Registrar may require the deposit of any survey plan necessary for the issue of a computer freehold register under subsection (2)(b).

(4) To avoid doubt, no action taken under this section is subject to Part 10 of the Resource Management Act 1991.

(1) Despite any other enactment or rule of law, no person may claim an interest in any part of the common marine and coastal area on the ground of adverse possession or prescriptive title.

(2) No relief may be claimed by any person for any loss or damage arising from this section.

(1) A local authority that, as a result of the operation of section 11(3) or (4) or 18, 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 18, 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) No application under subsection (1) may be made later than 12 months after the occurrence of the loss to which the application relates.

(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 18, 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 18.

(5) Any application made under section 25 of the Foreshore and Seabed Act 2004 that, on the commencement of this Part 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.

(1) Every individual has the right—

• (a) to enter, stay in or on, and leave the common marine and coastal area; and

• (b) to pass and repass in, on, over, and across the common marine and coastal area; and

• (c) to engage in recreational activities in or on the common marine and coastal area.

(1) Every individual has, without charge, the following rights:

• (a) to enter, stay in or on, and leave the common marine and coastal area:

• (b) to pass and repass in, on, over, and across the common marine and coastal area:

• (c) to engage in recreational activities in or on the common marine and coastal area.

(2) The rights conferred by this section are subject to any authorised prohibitions or restrictions that are imposed under section 78, or by or under any other enactment.

(3) A prohibition or restriction of the kind described in subsection (2) may, subject to the enactment in which it is contained or by which it is authorised, apply to—

• (a) any or all of the rights conferred by this section:

• (b) 1 or more ways of exercising those rights:

• (c) 1 or more defined periods, or an indefinite period, or recurring periods of a stated kind:

• (d) 1 or more specified areas.

(4) In this section, enactment includes bylaws, regional plans, and district plans.

(1) Every person has the following rights:

• (a) to enter, and pass and repass through, the territorial sea marine and coastal area by ship:

• (b) to temporarily anchor, moor, and ground within the marine and coastal area:

• (c) to load and unload cargo, crew, equipment, and passengers within the marine and coastal area:

• (d) to remain in a place within the marine and coastal area for a convenient time:

• (e) to remain temporarily in a place within the marine and coastal area until wind or weather permits departure or until cargo has been obtained or repairs completed.

(2) The rights conferred by subsection (1) include anything reasonably incidental to their exercise.

(3) The rights conferred by subsection (1) may be exercised subject to any authorised restrictions and prohibitions that are imposed by or under an enactment, including restrictions and prohibitions imposed under sections 77 and 78.

(4) A restriction or prohibition of the kind described in subsection (3) may, subject to the enactment in which it is contained or by which it is authorised, apply to—

• (a) 1 or more of the rights conferred by this section:

• (b) 1 or more ways of exercising those rights:

• (c) a definite period or an indefinite period, or recurring periods of a stated kind:

• (d) 1 or more specified areas.

(5) In this section, enactment includes bylaws, regional plans, and district plans.

(1) Nothing in this Act prevents the exercise of any fishing rights conferred or recognised by or under an enactment or by a rule of law.

(2) Subsection (1) is subject to section 80.

(1) The Minister of Conservation is the manager of the common marine and coastal area and exercises and performs, in respect of the common marine and coastal area, all those management and administrative powers, duties, and functions provided for by this Act or any other enactment that are not expressly conferred or imposed on another person.

(2) The Minister of Conservation administers any regulations made under section 119 and any bylaws made under section 120.

(3) An authorised delegate of the Minister may direct any person in the common marine and coastal area to stop an activity engaged in by the person if the delegate has reasonable grounds to believe that the activity—

• (a) poses a risk to the safety of members of the public in, or to the environment of, any part of the common marine and coastal area:

• (b) prejudices the preservation of the natural features of any part of the common marine and coastal area:

• (c) is incompatible with the rights conferred by section 27 or substantially detracts from the peaceful enjoyment by members of the public of any part of the common marine and coastal area.

(4) Before giving a direction under subsection (3), the authorised delegate must produce his or her warrant of appointment or other evidence of his or her authority.

(5) A person who intentionally fails to comply with a direction given under subsection (3) commits an offence and is liable on summary conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding $5,000.

(6) Nothing in this section or in any regulations or bylaws made under section 119 or 120 limits any power conferred on a local authority under an enactment that may be exercised in respect of the common marine and coastal area.

(7) In performing and exercising the functions, duties, and powers under this section and under sections 119 and 120, the Minister of Conservation must act consistently with the purpose stated in section 4.

(8) Every person who fails to comply with a direction given by an authorised delegate of the Minister may be arrested without warrant by any constable.

(1) This section applies if—

• (a) a structure is located within a part of the common marine and coastal area; and

• (b) an authorised delegate of a local authority with responsibilities for that part of the common marine and coastal area believes on reasonable grounds that the structure poses, or if not repaired will pose, a risk to human health or safety or has an actual or likely adverse effect on the environment of the common marine and coastal area.

(2) The authorised delegate may issue a notice to the owner of the structure requiring the owner, at the owner's expense,—

• (a) to repair or alter the structure so as to eliminate or minimise the risk or the adverse effect of the structure; or

• (b) to demolish or remove the structure.

(3) The authorised delegate may, at the expense of the owner of the structure, take any course of action described in subsection (2) in an emergency or if the owner of the structure fails or refuses to comply with the notice issued under that subsection.

(4) Any expenses incurred by the local authority concerned under subsection (3) may be recovered from the owner as a debt due to the local authority.

(5) An owner of a structure who, without reasonable excuse, fails or refuses to comply with a notice issued to the owner under subsection (2) commits an offence and is liable on summary conviction to a fine not exceeding $50,000.

(6) This section does not limit—

• (a) the exercise of any power under the Resource Management Act 1991 or the Building Act 2004:

• (b) section 249 of the Maritime Transport Act 1994:

• (c) section 10 of the Submarine Cables and Pipelines Protection Act 1996.

(1) In this section and in sections 33 to 47, unless the context otherwise requires,—

(2) The purpose of this subpart is to provide certainty to business and development interests in respect of investments in reclamations and to balance the interests of all New Zealanders, including their interests in conservation.

(1) Subsection (2) applies to any reclaimed land that is formed from the common marine and coastal area as a result of an authorised reclamation, whether the reclamation was completed before or after the commencement of this Part a lawful reclamation.

(2) The full legal and beneficial ownership in any reclaimed land to which this subsection applies vests in the Crown absolutely if, after the commencement of this Part Act, a regional council approves a plan of survey, under section 245(5) of the Resource Management Act 1991, in respect of that land.

(3) Subsection (4) applies to reclaimed land that is formed from the common marine and coastal area as a result of an unauthorised reclamation that has been completed or terminated after the commencement of this Part unlawful reclamation.

(4) The full legal and beneficial ownership in any reclaimed land to which this subsection applies vests in the Crown absolutely if the Minister signs a certificate that—

• (a) describes the position and extent of the reclaimed land; and

• (b) states that this subsection applies to the reclaimed land.

(5) A certificate signed under subsection (4) is, in the absence of proof to the contrary, sufficient evidence of the matter stated in the certificate.

(6) The Land Act 1948 does not apply to reclaimed land vested by this section.

(1) This section applies to reclaimed land (existing reclaimed land) that,—

• (a) immediately before the commencement of this Part Act, was—

  • (i) part of the public foreshore and seabed under the Foreshore and Seabed Act 2004; or

  • (ii) vested in the Crown under the Land Act 1948; or

  • (iia) subject to the Foreshore and Seabed Endowment Revesting Act 1991; or

  • (iii) otherwise owned by the Crown; and

• (b) is not set apart for a specified purpose.

(2) On the commencement of this Part Act, the full legal and beneficial ownership of all existing reclaimed land vests in the Crown absolutely and, so far as it is, immediately before that commencement, subject to the Foreshore and Seabed Act 2004, the Foreshore and Seabed Endowment Revesting Act 1991, or the Land Act 1948, ceases to be subject to those Acts.

(3) However, this section does not affect—

• (a) any lesser interest held, immediately before the commencement of this Part Act, by a person other than the Crown in existing reclaimed land; or

• (b) the ownership in structures fixed to, or under or over, existing reclaimed land.

(1) The Minister may, by notice in the Gazette, declare any land of the following kind to be subject to the Land Act 1948:

• (a) reclaimed land vested in the Crown by section 34:

• (b) reclaimed land in which the Crown has, at any time after the commencement of this Part, acquired the freehold interest.

(1) The Minister may, by notice in the Gazette, declare any land of the following kind to be Crown land subject to the Land Act 1948 and not to this Act:

• (a) reclaimed land vested in the Crown by section 33 or 34:

• (b) reclaimed land in which the Crown has, at any time after the commencement of this Act, acquired the freehold interest.

(2) A notice under subsection (1)—

• (a) must describe the position and extent of the reclaimed land; and

• (b) takes effect on the 28th day after its publication in the Gazette.

(1) The Minister may perform and exercise the functions, duties, and powers of the Crown as owner in respect of every area of reclaimed land that is subject to this subpart.

(2) The Minister may sign a certificate that—

• (a) describes the position and extent of any land; and

• (b) states that the land is, or is not, subject to this subpart.

(3) A certificate signed under subsection (2) is, in the absence of proof to the contrary, sufficient evidence of the matter stated in the certificate.

(1) The Minister may, in accordance with sections 38 to 44, grant interests in reclaimed land subject to this subpart.

(2) The Crown may not dispose of any interest in reclaimed land subject to this subpart otherwise than in accordance with sections 38 to 44.

(1) The developer on whose behalf reclaimed land subject to this subpart has been, or is being, formed may apply to the Minister for the grant to the developer of an interest in the reclaimed land that has been, or is being, formed by the reclamation.

(2) A network utility operator may apply to the Minister for the grant to the developer of a lesser interest in reclaimed land subject to this subpart that has been, or is being, formed by the reclamation on the ground that the lesser interest is required for the purposes of the network utility operation undertaken by the network utility operator.

(1) A developer of reclaimed land subject to this subpart that has been, or is being, or is to be formed may apply to the Minister for the grant to the developer of an interest in that reclaimed land.

(2) A network utility operator may apply to the Minister for the grant to the network utility operator of a lesser interest in reclaimed land subject to this subpart that has been, or is being, or is to be formed on the ground that the lesser interest is required for the purposes of the network utility operation undertaken by the network utility operator.

(3) Subsection (4) applies if—

• (a) reclaimed land has been subject to this subpart for more than 10 years; and

• (b) no interest has been granted in that land; and

• (c) no current application for the grant of an interest in that land is awaiting the Minister's determination.

(4) If this subsection applies, any person may apply to the Minister for the grant to the person of an interest in the reclaimed land.

(5) A developer or other person who makes an application under this section becomes liable to pay any fees payable under regulations made under this Act.

(6) The fees referred to in subsection (6) subsection (5) are recoverable as a debt due to the Crown.

(7) In this section,—

• (a) network utility operator and network utility operation have the same meaning as in section 166 of the Resource Management Act 1991:

• (b) reclaimed land subject to this subpart includes land formed or to be formed that is expected to become reclaimed land subject to this subpart.

(7) In this section, network utility operator and network utility operation have the same meanings as in section 166 of the Resource Management Act 1991.

(1) If the Minister is satisfied that an application for the grant of an interest in reclaimed land subject to this subpart has been made When an application under section 38 is made by an eligible applicant, the Minister must, without limitation, determine the following matters:

• (a) whether the applicant is to be granted an interest in the reclaimed land and, if so, whether that interest should be a freehold interest or a lesser interest:

• (b) if a lesser interest is to be granted, the terms and conditions of that lesser interest:

• (c) any conditions that must be fulfilled before any interest in the reclaimed land is granted:

• (d) the encumbrances, restrictions, or conditions (if any) that should attach to any interest (including a freehold interest) to be granted:

• (e) any consideration (whether by payment of price, rental or other charge, or by way of set-off, or in whole or partial settlement of any claim, including any claim under the Treaty of Waitangi Act 1975) for the grant of the interest.

(2) In determining the matters specified in subsection (1), the Minister must take into account the following matters, so far as they are applicable:

• (a) the minimum interest in the reclaimed land that is reasonably needed to allow the purpose of the grant to be achieved:

• (b) the public interest in the reclaimed land, including existing or proposed public use of the reclaimed land:

• (c) whether, and the extent to which, the public is benefiting, or is to benefit, from the use or proposed use of the reclaimed land:

• (d) any conditions or restrictions imposed on the resource consent that authorised the reclamation:

• (e) whether any historical claims have been made (but not yet reported on) under the Treaty of Waitangi Act 1975 in respect of the reclaimed land or whether there are any pending applications under Part 4:

• (f) the cultural value of the reclaimed land and surrounding area to tangata whenua:

• (g) the financial value of the reclaimed land to the Crown:

• (h) any natural or historic values associated with the reclaimed land:

• (i) the potential public access, amenity, and recreational values of the reclaimed land:

• (j) any special circumstances of the applicant, including the amount of any investment made by the applicant in respect of the reclaimed land.

(3) The Minister may determine that several eligible applicants may each be granted a distinct interest in the reclaimed land.

(1) If a person of a kind specified in subsection (2) is eligible to apply for the grant of an interest in reclaimed land subject to this subpart and makes such an application under section 38 In the case of an application made under section 38 by an eligible applicant who is a person of a kind specified in subsection (2), the Minister's determination of the matter specified in section 39(1)(a) must proceed on the basis that the person is to be granted a freehold interest in the reclaimed land unless—

• (a) the person does not wish to be granted a freehold interest; or

• (b) the Minister is satisfied, after considering the matters specified in section 39(2), that there is good reason not to grant the person a freehold interest.

(2) The persons are the following:

• (a) any port company (as defined in section 2(1) of the Port Companies Act 1988):

• (b) any port operator (as defined in section 650J(6) of the Local Government Act 1974):

• (c) the company (as defined in section 2 of the Auckland Airport Act 1987) that operates Auckland International Airport (including any entity that operates all or part of the airport and that is a subsidiary of, or successor to, that company):

• (d) the company (as defined in section 2 of the Wellington Airport Act 1990) that operates Wellington International Airport (including any entity that operates all or part of the airport and that is a subsidiary of, or successor to, that company).

(1) The Minister must notify the applicant of a determination under section 39(1) and of any variation under subsection (3) of this section.

(2) Before the Minister makes a determination under section 39(1) or a variation under subsection (3) of this section, the Minister must give the applicant a reasonable opportunity to comment on the proposed determination or variation.

(3) If a determination under section 39(1) is made before the reclamation concerned has been completed, the Minister may, on the Minister's own initiative or on application by the applicant, vary the determination before an interest in the reclaimed land is granted if that variation is, in the Minister's opinion, necessary or desirable to take account of any of the matters specified in section 39(2) or for any other reason.

(3) The Minister may, on the Minister’s own initiative or on application by an applicant, vary a determination made under section 39(1) before an interest in the reclaimed land to which the determination relates is vested under section 42 if that variation is, in the Minister’s opinion, necessary or desirable—

• (a) to take account of any of the matters specified in section 39(2); or

• (b) for any other reason.

(1) The Minister may, by notice in the Gazette, grant an applicant an interest in reclaimed land subject to this subpart if the Minister is satisfied that—

• (a) the grant is in accordance with a determination made under section 39(1), as varied by any variations under section 41(3); and

• (b) any conditions imposed under section 39(1)(c) have been complied with or that adequate provision has been made to ensure that those conditions will be complied with.

(2) Every Gazette notice published under subsection (1) must—

• (a) state the name of the applicant that is granted the interest, and describe the position and extent of the reclaimed land; and

• (b) describe the interest granted; and

• (c) describe any encumbrances or restrictions imposed on the interest, including any restrictions that apply under section 46; and

• (d) where the interest granted is a freehold interest and in any other case where the Minister considers it appropriate, be sent by the Minister to the Registrar, with a request that a computer register be issued accordingly; and

• (e) where the Registrar receives a request under paragraph (d), be registered by the Registrar after receipt from the Minister.

(3) The Registrar must, in accordance with a request made under subsection (2)(d),—

• (a) issue a computer register under the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 in respect of the interest in the land granted by the Gazette notice; and

• (b) record on that computer register—

  • (i) that the land is reclaimed land subject to subpart 3 of Part 2 of the Marine and Coastal Area (Takutai Moana) Act 2010; and

  • (ii) where the interest granted is a freehold interest, that the disposition of the freehold interest in that land is restricted by that subpart.

(1) The Minister may, by notice in the Gazette, vest in an applicant an interest in reclaimed land subject to this subpart if the Minister is satisfied that—

• (a) the vesting is in accordance with a determination made under section 39(1), as varied by any variations under section 41(3); and

• (b) any conditions imposed under section 39(1)(c) have been complied with or that adequate provision has been made to ensure that those conditions will be complied with; and

• (c) a certificate under section 245(5)(b) of the Resource Management Act 1991 has been issued in respect of the reclaimed land.

(2) Every Gazette notice published under subsection (1) must—

• (a) state the name of the applicant in whom the interest is vested and describe the position and extent of the reclaimed land; and

• (b) describe the interest vested; and

• (c) describe any encumbrances or restrictions imposed on the interest, including any restrictions that apply under section 46; and

• (d) where the interest vested is a freehold interest and in any other case where the Minister considers it appropriate, be sent by the Minister to the Registrar, with a request that a computer register be issued accordingly; and

• (e) where the Registrar receives a request under paragraph (d), be registered by the Registrar after receipt from the Minister.

(3) The Registrar must, in accordance with a request made under subsection (2)(d),—

• (a) issue a computer register under the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 in respect of the interest in the land vested by the Gazette notice; and

• (b) record on that computer register—

  • (i) that the land is reclaimed land subject to subpart 3 of Part 2 of the Marine and Coastal Area (Takutai Moana) Act 2010; and

  • (ii) where the interest vested is a freehold interest, that the disposition of the freehold interest in that land is restricted by that subpart.

(1) The holder of a lesser interest granted vested under section 42(1) may apply to the Minister, not later than 3 months before the expiry of the existing interest, for a renewal of the interest in the same, or part of the same, reclaimed land.

(2) If an application is made under subsection (1), the holder may continue to operate under the existing interest until the application is determined.

(3) The holder of a lesser interest in reclaimed land may apply to the Minister for the grant vesting of a freehold interest in that land.

(4) In determining an application under this section, the Minister must take into account the matters specified in section 39(2), so far as those matters are relevant to the application.

(5) This section also applies to a lesser interest vested in a person under section 355 or 355AA of the Resource Management Act 1991 (as in force before the commencement of this Part Act) in land that has become reclaimed land subject to this subpart.

(1) This section applies to any application—

• (a) that was made under section 355(1) of the Resource Management Act 1991, as in force immediately before the commencement of this Part Act; and

• (b) that is to be, but has not yet been, substantively determined by the Minister of Conservation.

(1A) No applicant may apply under section 38 if—

• (a) the applicant has previously made an application (application A) to which this section applies; and

• (b) application A was withdrawn or discontinued; and

• (c) at the time of that withdrawal or discontinuance, application A was in competition with another application to which this section applies.

(2) An application to which this section applies must (subject to subsections (3) to (6)) be considered and determined by the Minister of Conservation as if this subpart (other than this section) had not been enacted and as if the Resource Management Act 1991 had not been amended by this Act.

(3) However, an applicant who has made an application to which this section applies may make a request, in accordance with subsection (5), to have the application considered and determined under section 38 by the Minister (within the meaning of section 32), but only if the conditions stated in subsection (4) are met.

(4) The conditions referred to in subsection (3) are that—

• (a) as at the commencement of this Part Act, the application is not in competition with any other application to which this section applies; and

• (b) the applicant would (but for having made the application to which this section applies) be eligible to apply under section 38.

(5) A request under subsection (3) must be made in writing to the Minister of Conservation not later than 90 180 days after the commencement of this Part Act.

(6) On receipt of a request under subsection (3), the Minister of Conservation must refer all the documents relating to the application to the Minister (within the meaning of section 32) and the reference of those documents must be treated as an application under section 38.

(1) Where, as at the commencement of this Act, any right, title, or interest in reclaimed land is to be vested in a person under a determination of an application under section 355 of the Resource Management Act 1991 (as in force immediately before the commencement of this Act) but the right, title, or interest has not yet been formally vested, the Minister of Conservation must, if satisfied that all relevant conditions have been fulfilled and the price (if any) has been paid, give effect to the determination as if—

• (a) this subpart (other than this section) had not been enacted; and

• (b) the Resource Management Act 1991 had not been amended by this Act.

(2) In subsection (1), determination includes an agreement referred to in section 355AA(2)(b) of the Resource Management Act 1991 (as in force immediately before the commencement of this Act).

(1) In any case where a customary marine title group is the developer of reclaimed land that has been formed or is being formed or is to be formed from the group's customary marine title area, this section applies instead of sections 34 to 44.

(2) The customary marine title group may apply to the Minister in writing for an interest in the area of reclaimed land, and on making the application becomes liable to pay any fees payable under regulations made under this Act, which are recoverable as a debt due to the Crown.

(3) On receiving an application duly made under subsection (2), the Minister must—

• (a) consider the application by applying the criteria stated in section 39(2), so far as they are applicable; and

• (b) proceed on the basis that the customary marine title group is to be granted a freehold interest in the reclaimed land unless—

  • (i) the customary marine title group does not wish to be granted a freehold interest; or

  • (ii) the Minister is satisfied, after considering the matters specified in section 39(2), that there is good reason not to grant the customary marine title group a freehold interest.; and

• (c) determine the application, including whether any conditions must be fulfilled before any interest in the reclaimed land is vested and the nature of any such conditions; and

• (d) notify the customary marine title group of the determination.

(4) The Minister may, by notice in the Gazette, grant the customary marine title group an interest in the reclaimed land.

(3A) Before the Minister makes a determination under subsection (3)(c), the Minister must give the customary marine title group a reasonable opportunity to comment on the proposed determination.

(4) If satisfied that a certificate under section 245(5)(b) of the Resource Management Act 1991 has been issued in respect of the reclaimed land and that any conditions determined under subsection (3)(c) have been fulfilled, the Minister may, by notice in the Gazette, vest in the customary marine title group an interest in the reclaimed land.

(5) Every Gazette notice published under subsection (4) must—

• (a) state the name of the customary marine title group, and describe the position and extent of the reclaimed land; and

• (b) describe the interest granted vested; and

• (c) describe any encumbrances or restrictions imposed on the interest; and

• (d) where the interest granted vested is a freehold interest and in any other case where the Minister considers it appropriate, be sent by the Minister to the Registrar, with a request that a computer register be issued accordingly; and

• (e) where the Registrar receives a request under paragraph (d), be registered by the Registrar after receipt from the Minister.

(6) The Registrar must, in accordance with a request made under subsection (5)(d), issue a computer register under the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 in respect of the interest in the land granted vested by the Gazette notice.

(1) If a computer register issued for reclaimed land subject to this subpart contains a record made under section 42(3)(b), the freehold interest in the land may not be disposed of otherwise than in accordance with section 47.

(2) However, subsection (1) does not apply to a disposition made by a company to another company if both companies are—

• (a) members of the same group (within the meaning of section 2(1) of the Financial Reporting Act 1993); or

• (b) related companies (within the meaning of section 2(3) of the Companies Act 1993).

(1) For as long as a computer register issued for reclaimed land subject to this subpart contains a record made under section 42(3)(b), the freehold interest in the land may not be disposed of otherwise than in accordance with section 47, but if that record is removed (in accordance with subsection (6) of this section) following a disposition in accordance with section 47, the freehold interest may be disposed of in any lawful way.

(2) However, the restriction in subsection (1) does not apply to a disposition that—

• (a) is made by a company to another company if both companies are—

  • (i) members of the same group (within the meaning of section 2(1) of the Financial Reporting Act 1993); or

  • (ii) related companies (within the meaning of section 2(3) of the Companies Act 1993); or

• (b) affects not solely the freehold interest in the reclaimed land, but also 1 or more other assets.

(3) The Minister may, at the request of the proprietor of the freehold interest and on payment of any fees payable under regulations made under this Act, sign a certificate stating that the freehold interest in reclaimed land has been disposed of in accordance with section 47 or that the disposition is permitted by subsection (2).

(4) A certificate signed under subsection (3) is conclusive evidence of the matter stated in the certificate.

(5) A transfer instrument purporting to effect a disposition to which subsection (1) applies—

• (a) may not be presented for registration under the Land Transfer Act 1952 unless the Minister has signed a certificate in respect of the disposition under subsection (3); and

• (b) must, on being presented for registration under that Act, be accompanied by that certificate.

(6) If the certificate presented under subsection (5)(b) states that the freehold interest in reclaimed land has been disposed of in accordance with section 47, the Registrar must on registration of the transfer instrument remove from the computer register the record made under section 42(3)(b).

(1) In order to dispose of a freehold interest in reclaimed land (the freehold interest) in compliance with this section, the proprietor of the freehold interest must dispose of the freehold interest in accordance with a written notice that is in effect at the time of the disposition and is given under whichever of subsection (2), (4), or (6) is applicable.

(2) A notice under this subsection—

• (a) must be given to the Minister; and

• (b) may be given at any time unless a notice under subsection (4) or (6) is in effect; and

• (c) must state the following terms on which the Crown may acquire the freehold interest:

  • (i) the consideration:

  • (ii) any other terms and conditions.

(3) If, within the period that the notice under subsection (2) is in effect, the Crown does not enter into a contract to acquire the freehold interest, the proprietor may give a notice public notice under subsection (4).

(4) A notice under this subsection must be given to a representative of an iwi or a hapū exercising customary authority over the area in which the reclaimed land is located that states the following terms on which the iwi or hapū may acquire the freehold interest:

• (a) the consideration, which may not be less than the consideration stated in the most recent notice given under subsection (2):

• (b) any other terms and conditions, which may not be more favourable than the terms and conditions stated in the most recent notice given under subsection (2).

(5) If, within the period that the notice under subsection (4) is in effect, the hapū or iwi does not enter into a contract to acquire the freehold interest, the proprietor may, before the second anniversary of the day on which the notice was given to the Minister under subsection (2), give public notice under subsection (6).

(6) A public notice under this subsection must invite tenders for the acquisition of the freehold interest and state—

• (a) the minimum consideration for the freehold interest, which may not be less than the consideration stated in the most recent notice given or sent under subsection (4):

• (b) any other terms and conditions, which may not be more favourable than the terms and conditions stated in the most recent notice given under subsection (4).

(7) A notice given under subsection (2), (4), or (6) is in effect for the period that commences on the date on which the recipient receives the notice or, in the case of a public notice, the notice is first published and ends with the close of the 90th day after that date.

(4) A public notice under this subsection must be addressed to all iwi and hapū within the area in which the reclaimed land is located and must invite tenders from representatives of those iwi and hapū for the acquisition of the freehold interest and must state:

• (a) the minimum consideration for the freehold interest, which may not be less than the consideration stated in the most recent notice given or sent under subsection (2):

• (b) any other terms and conditions, which may not be more favourable than the terms and conditions stated in the most recent notice given under subsection (2).

(5) If, within the period that the notice under subsection (4) is in effect, no hapū or iwi enters into a contract to acquire the freehold interest, the proprietor may, before the second anniversary of the day on which the notice was given to the Minister under subsection (2), give public notice under subsection (6).

(6) A public notice under this subsection must invite tenders from any person for the acquisition of the freehold interest and state—

• (a) the minimum consideration for the freehold interest, which may not be less than the consideration stated in the most recent public notice given under subsection (4):

• (b) any other terms and conditions, which may not be more favourable than the terms and conditions stated in the most recent notice given under subsection (4).

(7) A notice given or published under subsection (2), (4), or (6) is in effect for the period that commences on the date on which the Minister receives the notice or, in the case of a public notice, the notice is first published and ends with the close of the 90th day after that date.

(1) In this section and sections 50 to 52, affected iwi or hapū means an iwi or hapū (as those terms are each defined in subsection (2)) that exercises customary authority in a part of the common marine and coastal area where a conservation process is being considered.

(2) For the purposes of the definition of affected iwi or hapū in subsection (1),—

(3) An affected iwi or hapū has the right to participate in conservation processes in the common marine and coastal area.

(4) For the purposes of subsection (1), the conservation processes are—

• (a) applications made under section 5 of the Marine Reserves Act 1971 for the purpose of declaring or extending a marine reserve:

• (b) proposals under section 22 of the Marine Mammals Protection Act 1978 to define and declare or extend a marine mammal sanctuary:

• (c) applications made under regulation 12 of the Marine Mammals Protection Regulations 1992 for permits authorising marine mammal watching:

• (d) proposals under the enactments relevant to conservation protected areas to declare or extend conservation protected areas:

• (e) applications for concessions under the enactments relevant to the granting of concessions.

(1) If an application or a proposal is made for a conservation process, the Director-General must use his or her best endeavours to—

• (a) notify, in the manner required by subsection (3), any affected iwi or hapū of the application or proposal; and

• (b) seek the views of that iwi or hapū on the application or proposal.

(2) Notice must be given as soon as is reasonably practicable after the application or proposal is received by the Director-General.

(3) Notices given under this section must—

• (a) be in writing to the affected iwi or hapū; and

• (b) advise the affected iwi or hapū that an application or a proposal is to be considered; and

• (c) state the day by which any affected iwi or hapū must provide its views (which must allow 40 working days from the date that the notice given under subsection (1) is received); and

• (d) provide sufficient information as to the subject matter and scope of the application or proposal to enable any affected iwi or hapū to provide its views on the application or proposal, including, as appropriate,—

  • (i) a copy of any public notice given in accordance with the enactment under which the application or proposal is made; and

  • (ii) a copy of any plan or other information prepared by or on behalf of the decision maker in relation to the application or proposal.

(1) If an affected iwi or hapū provides its views to the Director-General in accordance with the notice given under section 50(1), the decision maker must have particular regard to those views in considering the application or proposal.

(2) If a conservation process is not finally determined within 2 years from the date of its notification under section 50(1), the Director-General must give a further notice to the affected iwi or hapū to advise that the iwi or hapū has 20 working days in which to—

• (a) confirm its views provided under section 50; or

• (b) set out any further or revised views on the application or proposal.

(3) If subsection (2)(b) applies, the decision maker must have particular regard to those further or revised views in considering the application or proposal.

(1) In this section and sections 50 to 52, affected iwi, hapū, or whānau means iwi, hapū, or whānau that exercise kaitiakitanga in a part of the common marine and coastal area where a conservation process is being considered.

(2) Affected iwi, hapū, or whānau have the right to participate in conservation processes in the common marine and coastal area.

(3) For the purposes of subsection (1), the conservation processes are—

• (a) applications made under section 5 of the Marine Reserves Act 1971 for the purpose of declaring or extending a marine reserve:

• (b) proposals under section 22 of the Marine Mammals Protection Act 1978 to define and declare or extend a marine mammal sanctuary:

• (c) proposals under the enactments relevant to conservation protected areas to declare or extend conservation protected areas:

• (d) publicly notified applications for concessions:

• (e) applications made under regulation 12 of the Marine Mammals Protection Regulations 1992 for permits authorising marine mammal watching.

(1) If an application or a proposal is made for a conservation process, notice must be given as provided for in subsection (2), by—

• (a) the Director-General, in the case of those referred to in section 49(3)(a) to (d); and

• (b) the applicant, in the case of an application referred to in section 49(3)(e).

(2) Notice must be given as soon as is reasonably practicable after the application or proposal is received by the Director-General and may be given—

• (a) as part of any public notice given to members of the public generally of the matter to which it relates; or

• (b) in a case where the Director-General is not otherwise required to give public notice, to the affected iwi, hapū, or whānau in particular in any publication circulating in the locality to which the proposal relates.

(3) A notice given under this section must—

• (a) include advice that any iwi, hapū, or whānau that consider they are affected iwi, hapū, or whānau may provide that advice to the Director-General; and

• (b) state the day by which any iwi, hapū, or whānau who may be affected must provide their views; and

• (c) provide sufficient information about the subject matter and scope of the application or proposal—

  • (i) to inform iwi, hapū, or whānau who may be affected by the obligations on the Director-General under this subpart; and

  • (ii) to assist affected iwi, hapū, or whānau to decide whether they wish to make a submission on the application or proposal; and

  • (iii) to advise where further information on an application or proposal may be viewed.

(4) In the event of a dispute as to whether, or which, iwi, hapū, or whānau are affected by an application or proposal, the Director-General must—

• (a) seek, and may rely on, any evidence that in his or her opinion is of sufficient authority to resolve the dispute; and

• (b) advise iwi, hapū, or whānau without delay of the decision made under this subsection, with reasons.

(5) A decision of the Director-General as to whether iwi, hapū, or whānau are affected is final.

If the Director-General is advised by iwi, hapū, or whānau and accepts, or determines under section 50(4), that they are affected iwi, hapū, or whānau, the decision maker must have particular regard to the views of those affected iwi, hapū, or whānau in considering the application or proposal.

(1AA) In this section marine mammal has the same meaning as in section 2 of the Marine Mammals Protection Act 1978.

(1) This section applies if marine mammals are stranded in or on the common marine and coastal area.

(2) When making decisions about managing a stranded marine mammal, a marine mammals officer must—

• (a) ensure that the welfare of the marine mammal and public safety are the primary considerations; and

• (b) have particular regard to the views of any affected iwi or hapū iwi, hapū, or whanau expressed to the officer.

(3) In subsection (2), marine mammals officer—

• (a) means a person declared or appointed to be a marine mammals officer under section 11 of the Marine Mammals Protection Act 1978; and

• (b) includes any other person authorised under section 18 of that Act to manage stranded marine mammals.

(1) A protected customary right is a right that—

• (a) has been exercised since 1840; and

• (b) continues to be exercised in a particular part of the common marine and coastal area in accordance with tikanga by the applicant group, whether it continues to be exercised in exactly the same or a similar way, or evolves over time; and

• (c) is not extinguished as a matter of law.

(2) A protected customary right does not include an activity—

• (a) that is regulated under the Fisheries Act 1996; or

• (ab) that is a commercial aquaculture activity (within the meaning of section 4 of the Maori Commercial Aquaculture Claims Settlement Act 2004); or

• (b) that involves the exercise of—

  • (i) any commercial Māori fishing right or interest, being a right or interest declared by section 9 of the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992 to be settled; or

  • (ii) any non-commercial Māori fishing right or interest, being a right or interest subject to the declarations in section 10 of the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992; or

  • (iii) any Māori fishing right under section 26ZH of the Conservation Act 1987; or

• (c) that relates to—

  • (i) wildlife within the meaning of the Wildlife Act 1953, or any animals specified in Schedule 6 of that Act:

  • (ii) marine mammals within the meaning of the Marine Mammals Protection Act 1978; or

• (d) that is based on a spiritual or cultural association, unless that association is manifested by the relevant group in a physical activity or use related to a natural or physical resource (within the meaning of section 2(1) of the Resource Management Act 1991).

(3) An applicant group does not need to have an interest in land in or abutting the specified part of the common marine and coastal area in order to establish protected customary rights.

(1) A protected customary right may be exercised under a protected customary rights order or an agreement without a resource consent, despite any prohibition, restriction, or imposition that would otherwise apply in or under sections 9 12 to 17 of the Resource Management Act 1991.

(2) In exercising a protected customary right, a protected customary rights group is not liable for the payment of coastal occupation charges imposed under section 64A of the Resource Management Act 1991.

(2) In exercising a protected customary right, a protected customary rights group is not liable for—

• (a) the payment of coastal occupation charges imposed under section 64A of the Resource Management Act 1991; or

• (b) the payment of royalties for sand and shingle imposed by regulations made under the Resource Management Act 1991.

(3) However, subsections (1) and (2) apply only if a protected customary right is exercised in accordance with—

• (a) tikanga; and

• (b) the requirements of this subpart; and

• (c) a protected customary rights order or an agreement that applies to the customary rights group; and

• (d) any controls imposed by the Minister of Conservation under section 59.

(4) A protected customary rights group may do any of the following:

• (a) delegate or transfer the rights conferred by a protected customary rights order or an agreement in accordance with tikanga:

• (b) transfer a protected customary rights order or an agreement in accordance with tikanga:

• (c) derive a commercial benefit from exercising its protected customary rights:

• (c) derive a commercial benefit from exercising its protected customary rights, except in relation to the exercise of—

  • (i) a non-commercial aquaculture activity; or

  • (ii) a non-commercial fishery activity that is not a right or interest subject to the declarations in section 10 of the Treaty of Waitangi (Fisheries Claims) Settlement Act 1991:

• (d) determine who may carry out any particular activity, use, or practice in reliance on a protected customary rights order or agreement:

• (e) limit or suspend, in whole or in part, the exercise of a protected customary right.

(1) A delegation or transfer may only be made under section 54(4) to a person identified in a protected customary rights order or an agreement as a person to whom a right may be delegated or transferred.

(2) A delegation or transfer of a protected customary right must be—

• (a) notified to each of the persons or bodies referred to in section 110(1)(b); and

• (b) registered in accordance with section 114.

(3) A delegation or transfer does not take effect until—

• (a) the protected customary rights order is varied in accordance with section 111; and

• (b) the variation is registered in accordance with section 114.

(3) A delegation or transfer does not take effect until,—

• (a) in the case of a protected customary rights order, the order is varied in accordance with section 111; and

• (b) in the case of an agreement, the agreement is varied.

(1) A protected customary right does not include any right or title over the part of the common marine and coastal area where the protected customary right is exercised, other than the rights provided for in section 54.

(2) A protected customary right must be exercised in accordance with—

• (a) any terms, conditions, or limitations on the scale, extent, and frequency of the activity specified in the order or in the agreement; and

• (b) any controls imposed by the Minister of Conservation under section 58.

(1) This section applies to a resource consent for an activity that is undertaken wholly or in part within a protected customary rights area.

(1) This section applies if an application for a resource consent for an activity to be undertaken wholly or in part within a protected customary rights area is lodged on or after the date that—

• (a) a protected customary rights agreement comes into effect under section 94(1)(a); or

• (b) a protected customary rights order is sealed in accordance with section 112A.

(2) A consent authority must not grant a resource consent for an activity (including a controlled activity) to be carried out in a protected customary rights area if the activity will, or is likely to, have adverse effects that are more than minor on the exercise of a protected customary right, unless—

• (a) the relevant protected customary rights group gives its written approval for the proposed activity; or

• (b) the activity is one to which subsection (3) applies.

(3) The existence of a protected customary right does not limit or otherwise affect the grant of—

• (a) a coastal permit under the Resource Management Act 1991 that is necessary to enable aquaculture activities to continue in that area, provided there is no change to the area of the coastal space occupied by the aquaculture activity for which the coastal permit was granted; or

• (a) a coastal permit under the Resource Management Act 1991 to permit existing aquaculture activities to continue to be carried out in a specified part of the common marine and coastal area,—

  • (i) regardless of when the application is lodged or whether there is any change in the species farmed or in the method of marine farming; and

  • (ii) provided that there is no increase in the area, or change to the location, of the coastal space occupied by the aquaculture activity for which the existing coastal permit was granted; or

• (b) a resource consent under section 330A of the Resource Management Act 1991 for an emergency activity (within the meaning of section 8(2) section 64A) undertaken in accordance with section 330 of that Act, as if the emergency activity were an emergency work to which section 330 applies.; or

• (c) a resource consent for—

  • (i) an existing nationally or regionally significant infrastructure and its associated operations (within the meaning of section 8(2)):

  • (ii) a deemed accommodated activity within the meaning of section 9(1)(b).

• (c) a resource consent for an existing accommodated infrastructure (within the meaning of section 64A) if any adverse effects of the proposed activity on the exercise of a protected customary right will be or are likely to be—

  • (i) the same or similar in character, intensity, and scale as those that existed before the application for the resource consent was lodged; or

  • (ii) if more than minor or temporary in nature; or

• (d) a resource consent for a deemed accommodated activity (within the meaning of section 64C(1)(b)(i)).

(4) Subsection (3)(c)(i) applies if—

• (a) in the case of infrastructure, any adverse effects of the proposed activity on the protected customary right will be, or are likely to be, the same or similar in character, intensity, and scale as those that existed before the application for the resource consent was made; and

• (b) in the case of the associated operations of that infrastructure, any adverse effects of those operations on the protected customary right that are more than minor are temporary in nature.

(5) In the case of an activity to which subsection (3)(c)(ii) where a deemed accommodated activity within the meaning of section 64C(1)(b)(i) applies, the consent authority must, when considering applications for a resource consent relating to that activity, have particular regard to the nature of the protected customary right.

(6) The provisions of Part 1 of Schedule 2 apply for the purposes of subsections (2) and (3).

(1) If, at any time, the Minister of Conservation determines that the exercise of protected customary rights under a protected customary rights order or agreement has, or is likely to have, a significant adverse effect on the environment, the Minister may impose controls, including any terms, conditions, or restrictions that the Minister thinks fit, on the exercise of the rights.

(2) Any person may apply to the Minister of Conservation for controls to be imposed on the exercise of a protected customary right, stating the reasons for the application.

(3) If the Minister is satisfied that the application raises reasonable concerns that the exercise of a protected customary right has, or is likely to have, a significant adverse effect on the environment, the Minister must serve the notice, stating his or her intention to consider imposing controls, on—

• (a) the protected customary rights group; and

• (b) the local authorities that have statutory functions in the area where the protected customary right applies; and

• (c) the person applying for controls to be imposed.

(4) If the Minister is not satisfied that an application under subsection (2) raises reasonable concerns that the exercise of a protected customary right has, or is likely to have, a significant adverse effect on the environment, the Minister must advise the applicant accordingly, giving reasons for that decision.

(5) Part 2 of Schedule 2 applies to making a determination as to whether there is, or is likely to be, a significant adverse effect on the environment, for the purpose of imposing controls under this section.

(1) The Minister of Conservation must notify in the Gazette any controls imposed under section 58.

(2) The notice must set out—

• (a) the name and contact details of the relevant protected customary rights group; and

• (b) a description of the relevant protected customary rights area extent of the protected customary rights area that is subject to the controls; and

• (c) a description of the protected customary right that is subject to the controls; and

• (d) a description of the controls, including any standards, terms, conditions, or restrictions, to be applied and the reasons for the controls; and

• (e) the date on which the controls take effect (which must be as soon as is reasonably practicable after the date of the notice).

(3) The Minister of Conservation must, as soon as practicable after giving notice, provide a copy of the notice to—

• (a) the protected customary rights group to which the notice applies; and

• (b) the Minister of Māori Affairs; and

• (c) the local authority that has authorities that have statutory functions in, or relating to, the protected customary rights area; and

• (d) the chief executive.

(4) The chief executive must record the notice on the register.

(5) Controls take effect on the date stated in the Gazette notice.

(1) Customary marine title exists in a particular part of the common marine and coastal area if the applicant group—

• (a) holds the specified area in accordance with tikanga; and

• (b) has exclusively used and occupied the specified area from 1840 to the present day without substantial interruption.

(2) For the purpose of subsection (1)(b), there is no substantial interruption to the exclusive use and occupation of a particular part of the common marine and coastal area if, in relation to that part, a resource consent for an activity to be carried out wholly or partly in that area is granted at any time between—

• (a) the commencement of Part 2; and

• (b) the effective date.

(3) Without limiting subsection (2), customary marine title does not exist if that title is extinguished as a matter of law.

(1) Customary marine title exists in a specified area of the common marine and coastal area if the applicant group—

• (a) holds the specified area in accordance with tikanga; and

• (b) has, in relation to the specified area,—

  • (i) exclusively used and occupied it from 1840 to the present day without substantial interruption; or

  • (ii) received it, at any time after 1840, through a customary transfer in accordance with subsection (3).

(2) For the purpose of subsection (1)(b), there is no substantial interruption to the exclusive use and occupation of a specified area of the common marine and coastal area if, in relation to that area, a resource consent for an activity to be carried out wholly or partly in that area is granted at any time between—

• (a) the commencement of this Act; and

• (b) the effective date.

(3) For the purposes of subsection (1)(b)(ii),—

• (a) a transfer is a customary transfer if a customary interest in a specified area of the common marine and coastal area was transferred—

  • (i) between or among members of the applicant group; or

  • (ii) to the applicant group or some of its members from a group or some members of a group who were not part of the applicant group; and

• (b) the transfer was in accordance with tikanga; and

• (c) the group or members of the group making the transfer—

  • (i) held the specified area in accordance with tikanga; and

  • (ii) had exclusively used and occupied the specified area from 1840 to the time of the transfer without substantial interruption; and