Marine and Coastal Area (Takutai Moana) Act 2011 Flashcards
2021
6a. Section 4(1) Marine and Coastal Area (Takutai Moana) Act 2011 identifies four purposes
of this Act. List these four purposes.
The purpose of this Act is to—
(a) establish a durable scheme to ensure the protection of the legitimate interests of all
New Zealanders in the marine and coastal area of New Zealand; and (1 mark)
(b) recognise the mana tuku iho exercised in the marine and coastal area by iwi,
hapū, and whānau as tangata whenua; and (1 mark)
(c) provide for the exercise of customary interests in the common marine and coastal
area; and (1 mark)
(d) acknowledge the Treaty of Waitangi (te Tiriti o Waitangi). (1 mark)
2021
6b. List the meanings for the two following terms, as defined within Section 9(1) Marine and Coastal Area (Takutai Moana) Act 2011.
(a) Marine and coastal area (4 marks)
(b) Common marine and coastal area (4 marks)
Marine and coastal area —
(a) means the area that is bounded,—
(i) on the landward side, by the line of mean high-water springs; (½ mark) and
(ii) on the seaward side, by the outer limits of the territorial sea; (½ mark) and
(b) includes the beds of rivers (1 mark) 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, (1
mark) the areas described in paragraphs (a) and (b); and
(d) includes the subsoil, (1 mark) bedrock, and other matter under the areas described in
paragraphs (a) and (b)
Common marine and coastal area means the marine and coastal area other than -
(a) specified freehold land located in that area; and (1 mark)
(b) any area that is owned by the Crown (½ mark) and has the status of any of the
following kinds:
(i) a conservation area (½ mark) within the meaning of section 2(1) of the Conservation Act 1987:
(ii) a national park (½ mark) within the meaning of section 2 of the National Parks Act 1980:
(iii) a reserve (½ mark) within the meaning of section 2(1) of the Reserves Act 1977; and
(c) the bed of Te Whaanga Lagoon in the Chatham Islands (1 mark)
2021
6c. Section 11 Marine and Coastal Area (Takutai Moana) Act 2011 defines the special status of the common marine and coastal area. Section 11(5) of that Act however identifies six rights and powers that are not affected by this special status. List three of these rights and powers.
CUSTOMARY INTERESTS LAWFUL ACTIVITY PROHIBITION/LIMITATION/RESTRICTION RESOURCE CONSENTS/PERMITS ACCORD A STATUS/SET ASIDE
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 (1 mark)
(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 (1 mark)
(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 (1 mark)
(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 (1 mark)
(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. (1 mark)
(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. (1
mark)
2021
6d. What is not considered to be part of the marine and coastal area, on the commencement of the Marine and Coastal Area (Takutai Moana) Act 2011, as stipulated under Section 14(1) Marine and Coastal Area (Takutai Moana) Act 2011?
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.
2021
6e. Under Section 19(1) Marine and Coastal Area (Takutai Moana) Act 2011 who is deemed to be the owner of any abandoned structures within the common marine and coastal area?
The Crown is deemed to be the owner of any structure that is abandoned in the common marine and coastal area.
2021
6f. Section 26(1) Marine and Coastal Area (Takutai Moana) Act 2011 defines the rights of access for individuals to the marine and coastal area. List the three individual rights of access allowed under this section of the Act.
Every individual has, without charge, the following rights:
a) to enter, stay in or on, and leave the common marine and coastal area: (1 mark)
b) to pass and repass in, on, over, and across the common marine and coastal area: (1 mark)
c) to engage in recreational activities in or on the common marine and coastal area. (1 mark)
2019
5a. 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)
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
2019
5a. List the meanings of the following terms provided in Section 9(1) Marine and Coastal Area (Takutai Moana) Act 2011 for
(b) Marine and coastal area (4 marks)
(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).
2019
5a. List the meanings of the following terms provided in Section 9(1) Marine and Coastal Area
(Takutai Moana) Act 2011 for
(c) Specified freehold land (4 marks)
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.
2019
5b. 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).
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. (1 mark)
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. (1 mark)
2019
5c. 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?
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.
2019
5d. 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?
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.
2019
5e. 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.
Every individual has, without charge, the following rights:
(a) to enter, stay in or on, and leave the common marine and coastal area: (1 mark)
(b) to pass and repass in, on, over, and across the common marine and coastal area: (1 mark)
(c) to engage in recreational activities in or on the common marine and coastal area. (1 mark)
