Section 355AA — Resource Management Act 1991: Effect of Foreshore and Seabed Act 2004 on vesting of reclamations

355AA Effect of Foreshore and Seabed Act 2004 on vesting of reclamations (1) If an application is made under section 355(1) that relates to land reclaimed from the public foreshore and seabed, the Minister of Conservation may vest in the applicant a right, title, or interest in the relevant land under section 355(3) . (2) However, subsection (1) applies only if, before the commencement of section 13(1) of the Foreshore and Seabed Act 2004 ,— (a) a coastal permit has been granted to carry out the reclamation; or (b) the Minister of Conservation has entered into a written agreement with the applicant to vest a right, title, or interest in the relevant land; or (c) an enactment has provided for a right, title, or interest in the relevant land to be vested in the applicant. (3) If subsection (1) does not apply, the Minister of Conservation— (a) must not vest an estate in fee simple in the relevant land; but (b) may vest in the applicant a lesser right, title, or interest in the reclaimed land. (4) Subsection (3)(b) applies,— (a) in the case of a port company or port operator referred to in section 107B(2)(e) ,— (i) for a leasehold interest granted to it, so long as that interest does not exceed 50 years (though it may include a perpetual right of renewal on the same terms as the original lease, to the extent that the land continues to be used for port facilities): (ii) for any other interest granted to it, so long as that interest, together with any rights of renewal, does not exceed 50 years; and (b) in the case of any other entity, so long as the interest granted to it, together with any rights of renewal, does not exceed 50 years. (5) In vesting an interest in reclaimed land under subsection (4) , the Minister of Conservation may impose encumbrances or restrictions on the right, title, or interest in order to— (a) control the use to which the land may be put: (b) protect access rights in the coastal marine area, subject to any limits imposed by or under any enactment. Sections 355AA and 355AB were inserted, as from 25 November 2004, by section 35 Resource Management (Foreshore and Seabed) Amendment Act 2004 (2004 No 94). See sections 40 to 43 of that Act.