Section 355 — Resource Management Act 1991: Vesting of reclaimed land

355 Vesting of reclaimed land (1) Any person or local authority may apply to the Minister of Conservation for any right, title, or interest in any land in the coastal marine area which is land of the Crown and which has been reclaimed or is proposed to be reclaimed to be vested in that person. (2) Any person may apply to the Minister of Lands for any right, title, or interest in any land— (a) Which forms part of a riverbed or lakebed which is land of the Crown; and (b) Which has been reclaimed or is proposed to be reclaimed—

to be vested in that person. (3) Without limiting section 355AA , the relevant Minister may, if he or she thinks fit, by notice in the Gazette , vest in the applicant any right, title, or interest in any area of reclaimed land which is land of the Crown after— (a) Determining an appropriate price (if any) to be paid by the applicant in respect thereof; and (b) Ensuring that the consent authority has issued a certificate under section 245(5)(a)(ii) or (5)(b)(ii) . (4) Every Gazette notice published under subsection (3)— (a) Shall state the name of the person or local authority in whom or which the right, title, or interest is vested, and accurately describe the position and extent of the reclaimed land; and (ab) must describe the right, title, or interest vested; and (b) Shall refer to any encumbrances or restrictions imposed on the applicant's right, title, or interest in the land; and (c) Shall be sent by the relevant Minister to the District Land Registrar, with a request that a certificate of title be issued accordingly; and (d) Shall be registered, without fee, by the District Land Registrar as soon as practicable after receipt from the Minister. (5) The District Land Registrar shall, in accordance with a request made under subsection (4)(c) , issue an appropriate certificate of title in respect of the right, title, or interest in the land vested by the Gazette notice. (6) For the purposes of this section, references to land in the coastal marine area, or land which forms part of a riverbed or lakebed, include land which was in that area or part of that bed before it was reclaimed. Subsection (3) was amended, as from 25 November 2004, by section 34(1) Resource Management (Foreshore and Seabed) Amendment Act 2004 (2004 No 94) by substituting the words “ Without limiting section 355AA, the ” for the word “ The ” . See sections 40 to 43 of that Act. Subsection (4)(ab) was inserted, as from 25 November 2004, by section 34(2) Resource Management (Foreshore and Seabed) Amendment Act 2004 (2004 No 94). See sections 40 to 43 of that Act. Subsection (6) was inserted, as from 7 July 1993, by section 160 Resource Management Amendment Act 1993 (1993 No 65).