Marine and Coastal Area (Takutai Moana) Act 2011
The powers and duties delegated are those of the Council as a “local authority” and “consent authority” or as otherwise specified. Under the Act, every local authority is divested of every title as owner, whether under an enactment or otherwise, of any part of the common marine and coastal area, including: any land that becomes part of the common marine and coastal area after the commencement of the Act (by erosion or other natural occurrence); any freehold land acquired by the local authority that is within the marine and coastal area. (See sections 11,13 and 18 of the Act)
| Section | Summary of Function or Power | Delegated Officers |
|---|---|---|
| s14 | Powers and duties in relation to roads in the marine and coastal areas. |
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| s25 | Power (as local authority) to apply to Minister of Conservation for redress, in circumstances where title to land in the common marine and coastal area, acquired by purchase is lost. | |
| s46 | Power (as proprietor of freehold interest in reclaimed land) to request the Minister to sign a certificate stating that the freehold interest in reclaimed land has been disposed of as prescribed. | |
| s47 | Duties (as proprietor of freehold interest in reclaimed land) in relation to disposal of a freehold interest in reclaimed land. |
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| s57 | Duty (as consent authority) not to grant a resource consent for an activity that may have the adverse effect described, unless the circumstances specified apply; Duty (as consent authority) to have regard to the nature of the protected customary right when considering applications for a resource consent in the circumstances specified. | |
| s80 | Duty (as local authority with statutory functions in the location of a wahi tapu area that is subject to a wahi tapu protection right), to consult with the relevant customary marine title group and take appropriate action reasonably necessary to encourage public compliance with any wahi tapu conditions. | |
| s88 | Duty (as local authority that has statutory functions in the district where the customary marine title area is located) to take a planning document lodged into account when making any decisions under the LGA’02 in relation to the customary marine title area. | |
| Sch 1, cl1 | Duty (as consent authority) to consider the matters set out when determining whether a proposed activity is likely to have an adverse effect on the exercise of a protected customary right. | |
| Sch 1, cl3 | Duty (as consent authority) to treat an application to cancel a protected customary rights order as declined if the High Court or responsible Minister declines the application. | |
| Sch 1, cl4 | Power (as local authority) to authorise enforcement officers to do any of the activities specified. |