Foreshore and Seabed

3 The Resource Management (Foreshore and Seabed) Amendment Act 2004

The main elements of the Resource Management (Foreshore and Seabed) Amendment Act 2004 relate to:

3.1 protection of customary rights orders;

3.2 provision for a management plan prepared in respect of a foreshore and seabed reserve to be accommodated in policy statements and plans prepared under the Resource Management Act 1991;

3.3 subdivisions; and

3.4 reclamations

3.1 Protection of Customary Rights Orders

The effect of a customary rights order is that the activity, use or practice specified in the order is protected under the Resource Management Act 1991. Activities carried out under a customary rights order are called recognised customary activities. The Resource Management (Foreshore and Seabed) Amendment Act amends the Resource Management Act in order to:

• recognise and provide for the protection of recognised customary activities as a matter of national importance in all decision-making under the Resource Management Act. This includes during the development of policy statements and plans and in determining applications for resource consents;

• enable the exercise of a recognised customary activity without a resource consent and despite rules in plans prepared under the Resource Management Act;

• require a consent authority to decline a resource consent for a proposed activity that the consent authority considers would have a significant adverse effect on a recognised customary activity, unless the holder of the customary rights order has given its written approval. Exceptions are provided for the maintenance of, and new consents for, existing infrastructure works and associated operations; and

• enable the Minister of Conservation, in consultation with the Minister of Maori Affairs, to impose controls on the exercise of a recognised customary activity where it will have a significant adverse effect on the environment. These controls can not prevent the exercise of a recognised customary activity.

Existing lawful activities will not be affected by customary rights orders. However, upon expiry of a resource consent, a local authority will not be able to grant a new resource consent if it considers that the activity has a significant adverse effect on a recognised customary activity, unless the holder gives written approval.

For publication and information sheets on customary rights.

3.2 Foreshore and Seabed Reserve

If a foreshore and seabed reserve is established, the applicant group and representatives of the regional council and Crown will agree on a board and a charter to administer the reserve. The functions of the board include the development of a management plan for the area. Councils will then have to recognise and provide for that management plan in relevant policy statements and plans prepared under the Resource Management Act. Regional councils will be obliged to undertake a review of relevant policies and plans after a management plan is finalised. If Councils decide to change their plans to recognise and provide for that management plan, they will need to publicly notify the proposed changes and consider public submissions.

3.3 Subdivisions

If a section of land which includes foreshore and seabed land is subdivided, that part of the land that is within the foreshore and seabed will become owned by the Crown. Depending on the size of the subdivision, compensation may be payable by the Crown.

3.4 Reclamations

The Resource Management (Foreshore and Seabed) Amendment Act 2004 amends section 355 of the Resource Management Act 1991 which deals with the vesting of reclaimed land. The Minister of Conservation can not transfer freehold title over reclaimed land. There are some limited exceptions to this:

• Where a resource consent to carry out a reclamation has been granted before 25 November 2004; and

• If there is a specific statute or legal agreement providing for the vesting of the reclaimed land.

For all other parties, only lesser rights can be vested. Port companies will have an automatic right of renewal on leases over reclaimed land necessary for port infrastructure. Other holders of leases over reclaimed land, that are due to expire, will have their applications considered first.