Marine and Coastal Area (Takutai Moana) Act 2011

If you need more information about this Act, please contact the administering agency: Ministry of Justice
23 Provisions relating to record of title to land in common marine and coastal area and land above line of mean high-water springs

(1)

If any record of title 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 record of title 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 2017,—

(a)

cancel the record of title that comprises the land within the common marine and coastal area and the adjacent land; and

(b)

issue a record of title 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 record of title in the order in which it appears on the record of title cancelled under paragraph (a); and

(d)

issue a record of title for any registered interest or current registered notification that relates to land within the common marine and coastal area that was part of the record of title cancelled under paragraph (a).

(3)

The Registrar may require the deposit of any survey plan necessary for the issue of a record of title 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.

Section 23 heading: amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).

Section 23(1): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).

Section 23(2): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).

Section 23(2)(a): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).

Section 23(2)(b): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).

Section 23(2)(c): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).

Section 23(2)(d): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).