10.0 Parts 1 and 2 Marine and Coastal Area (Takutai Moana) Act 2011

Question 1

What is the ‘marine and coastal area’, as defined in Section 9(1) MACAA?

Answer 1

Section 9(1) - marine and coastal area

(a) means the area that is bounded, on the landward side, by the line of mean highwater springs; and on the seaward side, by the outer limits of the territorial sea; and
(b) includes the beds of rivers that are part of the coastal marine area (within the meaning of the Resource Management Act 1991); and
(c) includes the airspace above, and the water space (but not the water) above, the areas described in paragraphs (a) and (b); and
(d) includes the subsoil, bedrock, and other matter under the areas described in paragraphs (a) and (b).

Question 2

According to Sections 9(1) and 14(1) MACAA, which parts of the marine and coastal area are excluded from the common marine and coastal area?

Answer 2

Section 9(1) - common marine and coastal area means the marine and coastal area other than
(a) specified freehold land located in that area; and
(b) any area that is owned by the Crown and has the status of any of the following kinds:
(i) a conservation area within the meaning of section 2(1) of the Conservation Act 1987:
(ii) a national park within the meaning of section 2 of the National Parks Act 1980:
(iii) a reserve within the meaning of section 2(1) of the Reserves Act 1977; and
(c) the bed of Te Whaanga Lagoon in the Chatham Islands
Section 14(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.

Question 3

What freehold land is specified by Section 9(1) MACAA as not being included in the common marine and coastal area?

Answer 3

Section 9(1) - specified freehold land means any land that, immediately before the commencement of this Act, is

(a) Maori freehold land within the meaning of section 4 of Te Ture Whenua Maori Act 1993; or
(b) set apart as a Maori reservation under Te Ture Whenua Maori Act 1993; or
(c) registered under the Land Transfer Act 1952 and in which a person other than the Crown or a local authority has an estate in fee simple that is registered under that Act; or
(d) subject to the Deeds Registration Act 1908 and in which a person other than the Crown or a local authority has an estate in fee simple under an instrument that is registered under that Act

Question 4

According to section 35 MACAA, who may apply for an interest in reclaimed land that is subject to subpart 3 of Part 2 of the Act (i.e. vested in the Crown)?

Answer 4

• A developer of the reclaimed land
• A network utility operator
• Any person, if after 10 years no interest has been granted in that reclaimed land and no current application for the grant of an interest in that land is awaiting the Minister’s determination

Question 5

List the meanings of the following terms provided in Section 9(1) Marine and Coastal Area (Takutai Moana) Act 2011 for

(a) Common marine and coastal area (4 marks)
(b) Marine and coastal area (4 marks)
(c) Specified freehold land

Answer 5

Common marine and coastal area means the marine and coastal area other than
(a) specified freehold land located in that area; and
(b) any area that is owned by the Crown and has the status of any of the following kinds:
(i) a conservation area within the meaning of section 2(1) of the Conservation Act 1987:
(ii) a national park within the meaning of section 2 of the National Parks Act 1980:
(iii) a reserve within the meaning of section 2(1) of the Reserves Act 1977; and
(c) the bed of Te Whaanga Lagoon in the Chatham Islands
Marine and coastal area
(a) means the area that is bounded, on the landward side, by the line of mean high-water springs and on the seaward side, by the outer limits of the territorial sea; and
(b) includes the beds of rivers that are part of the coastal marine area (within the meaning of the Resource Management Act 1991); and
(c) includes the airspace above, and the water space (but not the water) above, the areas described in paragraphs (a) and (b); and (d) includes the subsoil, bedrock, and other matter under the areas described in paragraphs (a) and (b).
Specified freehold land means any land that, immediately before the commencement of this Act, is
(a) Maori freehold land within the meaning of section 4 of Te Ture Whenua Maori Act 1993; or
(b) set apart as a Maori reservation under Te Ture Whenua Maori Act 1993; or
(c) registered under the Land Transfer Act 2017 and in which a person other than the Crown or a local authority has an estate in fee simple that is registered under that Act; or
(d) subject to the Deeds Registration Act 1908 and in which a person other than the Crown or a local authority has an estate in fee simple under an instrument that is registered under that Act.

Question 6

Section 11 Marine and Coastal Area (Takutai Moana) Act 2011 defines the special status of the common marine and coastal area. Sections 11(3) and 11(4) of that Act define the status of Crown and territorial authority owned land within the common marine and coastal area, on the commencement of the Act, and after the commencement of the Act. Describe the status of the Crown and territorial authority owned land within the common marine and coastal area in terms of Sections 11(3) and 11(4).

Answer 6

Section 11(3): On the commencement of this 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.
Section 11(4): Whenever, after the commencement of this 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.

Question 7

Section 14(1) Marine and Coastal Area (Takutai Moana) Act 2011 excludes which part of the marine and coastal area from the common marine and coastal area?

Answer 7

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.

Question 8

Section 24(1) Marine and Coastal Area (Takutai Moana) Act 2011 concerns interests in marine and coastal area founded on adverse possession or prescriptive title. Who may claim an interest in any part of the marine and coastal area on the ground of adverse possession or prescriptive title?

Answer 8

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

Question 9

Section 26(1) Marine and Coastal Area (Takutai Moana) Act 2011 defines individual rights of access with respect to the common marine and coastal area. List these individual rights of access.

Answer 9

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.