Marine and Coastal Area (Takutai Moana) Act 2011

If you need more information about this Act, please contact the administering agency: Ministry of Justice
14 Roads located in marine and coastal area

(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)) or in section 15 applies to a private road.

(9)

In this section,—

current certificate means a certificate under subsection (2) that is dated not earlier than 6 months before the relevant quinquennial anniversary

formation and form have the same meaning as in section 2(1) of the Local Government Act 1974

private road has the same meaning as in section 315(1) of the Local Government Act 1974

quinquennial anniversary means any date that is the fifth, tenth, or 15th anniversary of the commencement of this Act.