Question 7: Titles in and adjacent to the marine and coastal area

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1 19 October 2010 Māori Affairs Committee Marine and Coastal Area (Takutai Moana) Bill Question 7: Titles in and adjacent to the marine and coastal area On 13 October, the Committee asked for: Advice on how titles operate within and adjacent to the marine and coastal area, including: advice on the status of Māori land (under Te Ture Whenua Māori Act 1993) adjacent to the marine and coastal area, in particular does the ownership extend to the seabed, or to the gap between the foreshore and seabed, and whether there is a marginal strip on this type of land; advice on who owns the dry bit from mean high water springs landward to the non-sandy area; and a copy of Land Information New Zealand report which details how different types of title came about. Status of Māori land adjacent to marine and coastal area 1 Section 129(1) of Te Ture Whenua Māori Act 1993 states that, for the purposes of that Act all land in New Zealand shall have one of the following statuses: (a) (b) (c) (d) (e) (f) Māori customary land Māori freehold land General land owned by Māori General land Crown land Crown land reserved for Māori.

2 2 Like general land (owned by non-māori), Crown land and Crown land reserved for Māori, Māori freehold land and general land owned by Māori are capable of existing adjacent to, partially within, or wholly within the marine and coastal area. 1 Māori customary land is capable of existing adjacent to the marine and coastal area. The question of whether or not Māori customary land could be found within the marine and coastal area was the subject of the Ngāti Apa decision. 2 3 A forensic investigation of every individual Māori land title adjacent to the marine and coastal area (approximately 3,000 titles) would be required to determine whether the ownership of all Māori land extends to the seabed (i.e. below mean low water springs (MLWS)) or to the gap between the foreshore and seabed (i.e. between mean high water springs (MHWS) and MLWS). How far such title extends to the seabed and beyond depends on a number of factors, including where title was originally surveyed to and whether there has been any erosion. This situation also applies to general land owned by non- Māori. 4 This question has been considered to some extent in the attached Land Information New Zealand report (Attachment A). Marginal strips over Māori land 5 Marginal strips do not exist over the majority of Māori freehold land because of the historical background to the creation of Māori freehold land. Statute did not require or authorise the creation of a marginal strip along water boundaries during the conversion of Māori customary land to Māori freehold land through investigation by the Māori Land Court and subsequent formal grant from the Crown. This is because the Crown did not at any stage own the land, thus there was never power to grant customary title as freehold to anyone other than the customary owners. A coastal or riverside strip would have to be taken (i.e., acquired from Māori), rather than reserved. 6 Conversely, marginal strips are likely to exist over general land owned by Māori and non-māori. Ownership of land above mean high water springs 7 It is not possible to provide a general response to the question of who owns the land above MHWS, i.e. the dry bit landward from MHWS to the non-sandy area. A forensic investigation of the entire coastline would be required to provide an accurate response. Titles within this area could be Crown-owned, privately owned or owned by local authorities. 8 There is a chance that, because of inconsistent surveying practices over time, there may be small areas of dry land (above MHWS) that do not have an identified owner. Because all land in New Zealand must be one of the six land 1 Marine and coastal area is defined in clause 7 of the Marine and Coastal Area (Takutai Moana) Bill, and is consistent with the definition of foreshore and seabed in the Foreshore and Seabed Act Attorney General v Ngāti Apa [2003] 3 NZLR 643 (CA). 2

3 statuses in section 129(1) of Te Ture Whenua Māori Act 1993 (see paragraph 1 above), if there is no identified owner of dry land then a group could apply to the Māori Land Court for a finding that the area is Māori customary land under Te Ture Whenua Māori Act If no group is able to show that it held the area in accordance with tikanga Māori, the area would be Crown land. 9 Attachment B illustrates the different types of land ownership adjacent to and within the marine and coastal area. Copy of Land Information New Zealand report 10 Land Information New Zealand has provided the Ministry of Justice with copies of the following attached documents to provide to the Committee: Land Information New Zealand report to Minister for Land Information entitled Foreshore Project Final Report, dated 12 December 2003 (Attachment A); and Letter from Land Information New Zealand to Ministry of Justice entitled Foreshore and Seabed review: Analysis of space, dated 26 April 2010 (Attachment C). 11 Attachment C is a 2010 update to the 2003 information provided in Attachment A. Recommendations 12 It is recommended that the Committee note the contents of this paper. Attachment A: Attachment B: Attachment C: Land Information New Zealand report to Minister for Land Information entitled Foreshore Project Final Report, dated 12 December 2003 Illustration of different types of land ownership adjacent to and within the marine and coastal area (post-foreshore and Seabed Act 2004) Letter from Land Information New Zealand to Ministry of Justice entitled Foreshore and Seabed review: Analysis of space, dated 26 April

4 Bibliography Government reports B E Hayes, The Law on Public Access Along Water Margins, Ministry of Agriculture and Forestry, August Walking Access in the New Zealand Outdoors: A report by the Land Access Ministerial Reference Group, Ministry of Agriculture and Forestry, August

5 Attachment A 12 December 2003 Minister for Land Information FORESHORE PROJECT FINAL REPORT Introduction 1 In August 2003 you asked LINZ to provide you with the distance of: New Zealand s coastline; the portion of the foreshore that is bounded by privately owned land; and the portion of foreshore that was in private ownership. 2 This memorandum provides final results for: the distance of New Zealand s coastline; the number of parcels that adjoin the coastline classified by the owners of those parcels; the distance of coastline for each classification (sets of maps showing how each classification is spread throughout the country are attached); and the numbers of parcels and distance of the coastline for the portion of the foreshore that is privately owned. 3 A glossary of foreshore related terms is attached for your reference. New Zealand s Coastline The distance of New Zealand s coastline 4 New Zealand s coastline is 19,883 kilometres. This measurement includes the Chatham Islands, Pitt Islands, and is consistent with the definition for the coastal limits set out in the Resource Management Act What limits define the coastline National Office Lambton House 160 Lambton Quay PO Box 5501 Wellington New Zealand Tel Fax Internet

6 5 The Resource Management Act 1991 defines the coastal limits as follows: the seaward boundary is the 12 mile limit; and the landward boundary is the line of mean high water springs. When rivers are encountered the boundary is the lesser of i) One kilometre upstream from the mouth of the river; or ii) The point upstream that is calculated by multiplying the width of the river mouth by five. Common foreshore boundaries 6 Diagram One below shows the relationship between commonly used boundaries on the foreshore. Diagram One Reference A B C D Queens chain is a 20 metre strip above mean high water springs that provides public access. The strip is either a surveyed strip of land owned by the Crown or territorial authorities, or it is memorialised on certificates of title as a marginal strip or esplanade strip. Mean high water springs is the average level of each pair of successive high tides during the 24 hours of each semi-lunation when the range of tides is greatest. Mean high water mark is the average level of all high tides. Mean sea level is the average level of the surface of the sea in the absence of tides. Mean low water mark is the average level of all low tides. Mean low water springs is the average level of each pair of successive low tides during the 24 hours of each semi-lunation when the range of tides is at their smallest. 6

7 Summary of land that adjoins the coastline The number of parcels that adjoin the coastline 7 The number of parcels that adjoin the foreshore is 33,712. Of these parcels: 30,449 are land parcels; 2,726 seabed parcels; and 501 are parcels that have completely eroded. (Note that while 501 parcels are fully eroded, 4,881 of the land parcels are partially eroded). Who owns the parcels that adjoin the foreshore 8 Table One below is a summary of the types of parcels that adjoin the foreshore, the owners of these parcels, (parcel classifications), and the distance of coastline of each classification. Table One - Summary of the parcels that adjoin the foreshore Parcel classifications Land parcels Seabed parcels Eroded parcels owned by the Crown Distance of coastline % of coastline distance 5,935 2, ,455km 37.64% owned by territorial authorities 11, ,239km 31.42% General land 9, ,979km 20.05% Maori land 2, ,053km 10.35% Unresolved km 0.54% Total results 30,449 2, ,833km 100.0% Parcels owned by the Crown 9 The Crown owns 5,935 parcels (7,455km) that adjoin the foreshore (37.64%). This land is mainly made up of: National parks that run to the coast; Strips of Crown land reserved from sale; Reserves for wild life heritage; and Railway. 7

8 Parcels owned by territorial authorities 10 Territorial authorities own 11,632 parcels (6,239 km) that adjoin the foreshore (31.42%). This land is mainly made up of: Esplanade reserves; Public recreation reserves; and Road parcels. The portion of foreshore that is bounded by privately owned land 11 In total 6,032 kilometres (30.4%) of the coastline is bounded 12,609 privately owned land parcels 1. Diagram Two below shows the number of privately owned parcels surveyed to each of the relevant tidal marks shown in Diagram One above. Diagram Two A B C D Parcels surveyed to mean high water springs with public access (350 found, 186.6km) Esplanade/marginal strip Mean high springs Mean high water mark Foreshore Parcels surveyed to mean high water mark (12,243 found, 5,839km) Parcels surveyed to below mean high water mark (16 found, 6.4km) Seabed parcels and eroded parcels located below mean low water mark. (32 Seabed parcels and 208 fully eroded parcels found, 1000 partially eroded parcels estimated) Mean low water mark Sea Summary of the privately owned land that adjoins the foreshore Privately owned land parcels surveyed to mean high water springs 12 As denoted by the letter A in Diagram Two, 350 privately owned parcels are surveyed to mean high water springs. These parcels are broken down as follows: 279 parcels are general land parcels with a Queen s chain (134.6km); and 71 parcels are Maori land parcels with a Queen s chain (52km). 1 2,053 kilometres comprises 2,916 Maori land parcels and 3,979 kilometres comprises 9,693 general land parcels. 8

9 Privately owned land parcels surveyed to mean high water mark 13 As denoted by the letter B in Diagram Two, 12,243 privately owned parcels are surveyed to mean high water mark. These parcels are broken down as follows: 9,403 parcels are general land parcels (3,843km); and 2,840 parcels are Maori land parcels (1,996km). Privately owned land parcels surveyed to below mean high water mark 14 As denoted by the letter C in Diagram Two, 16 privately owned parcels are surveyed to below mean high water mark. These parcels are broken down as follows: 11 parcels are general land parcels (1.4km); and 5 parcels are Maori land parcels (5km). Privately owned seabed parcels 15 In addition to the privately owned parcels on the land, there are 32 privately owned seabed parcels that are covered by the sea. These are denoted by the letter D in Diagram Two. These parcels are broken down as follows: 27 parcels are general land seabed parcels (16.7km and area of 1.5km²); and 5 parcels are Maori owned seabed parcels (4.2km and area of 1.1km²). Privately owned eroded parcels 16 Over time the sea has eroded land. A total of 208 privately owned parcels were found that were once on dry land that have now totally eroded. A further 1,000 privately owned parcels were estimated to be partially eroded. A break down of the eroded and partially eroded parcels that are privately owned is set out below: 199 parcels are general land parcels that are totally eroded (area of 43.8km²); 9 parcels are Maori land parcels that are totally eroded (area of 0.4km²); 800 general land parcels are estimated to be partially eroded (450km); and 200 Maori land parcels are estimated to be partially eroded (220km). Summary of the foreshore that is privately owned 17 Based on the RM Act definition that the upper limit of the foreshore is at mean high water springs, 12,499 privately owned parcels would (at least in part) be within the boundary of the foreshore. A break down of these parcels is set out in the table below. Privately owned parcels below (on the seaward side of) mean high water springs 9

10 Reference from Diagram One and Two B Surveyed boundary Number of parcels Distance of Area of seabed coastline (km) (km²) 5,839 na Mean high water mark 12,243 (in part only) C Below mean na high water mark D Seabed parcels Eroded parcels 208 na 44.2 Total 12,449 5,866.3km 46.8 km² 18 In addition to the parcels in the table above, a further 1000 privately owned parcels are estimated to be partially eroded. The total distance of coastline of these parcels is estimated to be 670km. Recommendations 19 I recommend that you note the contents of this memorandum. Kevin Kelly General Manager Policy Noted Hon John Tamihere Minister for Land Information / /

11 GLOSSARY OF TERMS FOR THE FORESHORE Foreshore boundary definitions Foreshore parts of the bed, shore, or banks of a tidal water as are covered and uncovered by the flow and ebb of the tide at mean springs tide. Seabed Land that is permanently wet or covered by the sea Mean high water springs The average of the levels of each pair of successive high waters during that period of about 24 hours in each semi-lunation when the range of tides is greatest. Mean high water mark - The average level of all high tides. Mean sea level - The average level of the surface of the sea in the absence of tides. Mean low water mark - The average level of all low tides. Mean low water springs - The average level of each pair of successive low tides during the 24 hours of each semi-lunation when the range of tides is at their smallest. Queens chain A 20 metre strip above mean high water springs that provides public access. The strip is either a surveyed strip of land owned by the Crown or territorial authorities, or it is memorialised on certificates of title as a marginal strip or esplanade strip. Property definitions Parcel a plot of land, whether dry or under water, that is identified as a separate entity in cadastral records held by the Chief Executive of Land Information New Zealand. Seabed parcel a parcel of land that is permanently wet or covered by the sea. Land parcel a parcel situated above mean high water springs that is never permanently wet. Eroded parcel a parcel that was once situated above mean high water springs but is now permanently wet or covered by the sea. Partially eroded parcels - a parcel that was once situated above mean high water springs but is partly permanently wet or covered by the sea. General land is land registered under the Land Transfer Act Maori Land for the purposes of this exercise Maori land was considered to be land identified from Maori land plans for which there were no further records in the land transfer system. Unresolved parcels are instances a parcel has not been classified because an owner could not be easily identified. 11

12 Attachment B

13 Attachment C 26 April 2010 Catherine Nesus Acting Director - Foreshore and Seabed Unit Ministry of Justice The Vogel Centre 19 Aitken St PO Box 180 WELLINGTON Dear Catherine: Introduction Foreshore and Seabed review: Analysis of space As part of the foreshore and seabed review the Ministry of Justice has requested Land Information New Zealand (LINZ) to update the analysis it undertook in 2003 in relation to: a. The distance of New Zealand s coastline; b. The number of parcels that adjoin the coastline classified by the owners of those parcels; c. The distance of coastline for each classification; and d. The numbers of parcels and distance of the coastline for the portion of the foreshore that is privately owned. The Ministry of Justice has specifically requested whether any new private titles in the foreshore and seabed have been created since the Foreshore and Seabed Act 2004 was enacted, if so: a. Over what areas (what size and where); and b. Under what legislative regimes were these titles created. The Ministry of Justice requested this information by the end of April As discussed with Kirsten Price from the Ministry of Justice on the 15 April 2010 LINZ can only provide a limited response to Justice s request due to: a. The time frame in which the information is required; 1 and b. LINZ does not record some of the information requested (e.g. the legislative regimes under which these title were created). 1 The 2003 project required 6 staff and took 4 months to complete.

14 To support the foreshore and seabed review LINZ agreed to undertake an exercise that: 2003 Data a. Identifies the key causes of changes to the 2003 dataset for the period 2004 to 2010; and b. Provide an opinion on whether these key causes of changes to the 2003 data are material for the period 2004 to In 2003 LINZ undertook a significant exercise (6 qualified staff for 4 months) to provide information in relation to: a. The distance of New Zealand s coastline; b. The portion of the foreshore that is bounded by privately owned land; and c. The portion of foreshore that was in private ownership. The 2003 project was undertaken by overlaying aerial photographs and topographical maps (which did not align perfectly) and plotting a single topographical line to represent the boundary between land and sea. 2 Then each parcel was loosely categorised as either A, B, C or D based on its proximity to the single topographical line. See diagram below: LAND A: Almost entirely land, but a high probability of intersecting mean high water spring B: A very high probability that the parcel is bisected by mean high water mark C: Predominantley below mean highwater mark D: Almost entirely seabed Topographical line assumed to represent the foreshore SEA The 2003 analysis is an indication of what parcels are most likely to adjoin the foreshore, but it should not be interpreted as a definitive result. A reliable assessment of whether or not a parcel adjoins the foreshore can only be determined by conducting a full land status investigation for each parcel; this exercise has never been undertaken. The following points need to be taken into consideration when viewing the 2003 data or statistics derived from the 2003 data: 2 The single topographical line does not represent either mean high water springs or mean high water mark. 14

15 Potential aerial photography and mapping limitations a. In some areas both the mapping and the aerial photography used were out of date (but were the best available information at the time). Some of photography and mapping was quite old and areas of the coastline will have changed through erosion or accretion since the photography was flown and since the maps were produced; and b. Due to the date and time of the photography the position of the waterline with respect to the land may, or may not, be accurately represented. This will be due to the tidal movement, or other factors, present at the time that the photography was taken. Potential limitations concerning parcel representations a. As a general assumption, parcels covered by tidal water were classified as sea parcels. The distance measured up tributaries and inlets tended to be done on a case by case basis. To achieve consistency, the coastal marine area definitions were used where available; b. The accuracy of parcel boundaries vary. Parcel boundaries in urban areas are generally considered to be within +/- 5m, in rural areas +/- 20m, and up to +/- 100m in remote areas; c. Ownership or legal status was generally assessed from information recorded in the land transfer system. Some property will have been sold, subdivided or amalgamated since the data was extracted and the 2003 analysis was completed; d. There were issues in respect to the identification Maori land; 3 and e. Not all land is registered in the Land Transfer system and assumptions were sometimes made concerning Maori and Crown ownership. Summary of the 2003 Data Note a summary of the 2003 information (being the advice to the Minister of Land Information dated 12 December 2003) is publicly available on the Beehive web site. 4 Note there are two typing errors in this advice to the Minister for Land Information: a. The total of the eroded parcels column in Table One (page 3) should be 303, not 501; 5 and b. There is a transposition error in paragraph 7; 2726 seabed parcels should be 2762 seabed parcels. Table One below is a summary of the 2003 information. 3 This issue has improved since The Maori Freehold Land Registration project was a 5 year joint initiative between the Ministry of Justice and LINZ to register all outstanding Maori Land Court orders relating to Maori land ownership on the Land Title register to achieve compliance by the Maori Land Court with the Te Ture Whenua Maori Act This project was completed on 31 March The difference relates to 198 parcels in the database categorised as 'roading'; which were excluded from the 2003 analysis but the total of the column was not corrected. 15

16 Table One: Summary of the 2003 information Relationship to foreshore Land parcels total partially eroded Seabed parcels Eroded parcels Distance km total partially eroded % Distance Crown Territorial Authorities % % General Land A: Almost entirely land, but a high probability of intersecting mean adjoin high water spring B: A very high probability that the parcel is bisected by mean high cross over water mark C: Predominantley below mean highwater mark cross over D: Almost entirely seabed seabed General Land Total % Maori Land A: Almost entirely land, but a high probability of intersecting mean adjoin high water spring B: A very high probability that the parcel is bisected by mean high cross over water mark C: Predominantley below mean highwater mark cross over D: Almost entirely seabed seabed 5 Maori Land Total % Unresolved % % Key Causes of Changes to the 2003 Dataset since 2003 This section identifies the key causes of change over time to the 2003 dataset and provides an assessment of the materiality of these changes over the last 6 years. The assessment of materiality is based on the subjective judgment of LINZ staff who were associated with the 2003 project and who continue to be professionally involved in geospatial data analysis and land transfer issues. As noted earlier the timeframes of the Ministry of Justice s request means that a quantitative analysis of the parcel of land is not possible. i. Change of ownership for 2003 titles Over time there will be movements associated with the change of ownership of a particular parcel. These changes in ownership could: Alter the categories of owners (e.g. a private owner transfers land to a territorial authority as esplanade associated with a subdivision); or Not alter the categories of owners (e.g. a private owner sells to a private owner). Conclusion as to impact on 2003 information 16

17 It is considered by LINZ that, when the data is viewed at a national level, the volume of changes of ownership since 2003 that would impact on the categories of ownership in the 2003 data are not material. ii. Reclamations Reclamations can create a land parcel that abutts the foreshore. Currently there are both illegal and legal (either with a resource consent or some other authorization) reclamations. Reclamations can be further categorized into Crown owned or privately owned. Conclusion as to impact on 2003 information It is considered by LINZ that, when the data is viewed at a national level, the limited increase in the number of parcels from reclamation activity since 2003 is not material. iii. Esplanade areas Esplanade reserves, esplanade strips and access strips, collectively referred to as 'esplanade areas ' are mechanisms to protect coastal margins. There is wide variability in the application and implementation of esplanade areas by territorial authorities and each mechanism can produce different outcomes in terms of land titles. Below is a brief summary of the mechanisms. Subdivision of private land - Under the Resource Management Act an esplanade reserve or esplanade strip can be taken when privately owned land is subdivided. Individual regional requirements are set out in the district plans. An esplanade reserve taken on subdivision vests in the territorial authority, but may be transferred to the Crown or a regional council by agreement. Reclamations - A regional council may state in its regional policy statement and/or any relevant regional plans the circumstances where esplanade areas are to be created on a reclamation of the foreshore and seabed. Even if there is no such policy in place, a regional council can require the creation of an esplanade area as a condition on any specific resource consent that it grants for a reclamation. Conditions on resource consent - Esplanade reserves or strips can be imposed as a condition on any resource consent provided they are in accordance with the purposes specified in a district or regional plan. Access strips - Can be used to enable public access to or along water bodies or public land. They can be established at any time by agreement between the land owner and the territorial authority. Access strips are surveyed and fixed, but their ownership remains with the land owner. The creation of a strip, and restrictions and requirements relating to its public use are set out in the form of an easement registered against the title to the land. Road stopping - The Local Government Act requires the first 20 metres of any road stopped adjoining the coast to be set aside as an esplanade reserve. This includes paper roads. Voluntary agreements - Esplanade reserves can also be created voluntarily. They are classified as reserves under the Reserve Act 1977 and land ownership is 17

18 transferred upon deposit (completion) of the subdivision plan to a territorial authority. Esplanade strips are a legal instrument created between a land owner and a territorial authority. They are registered on the title, but the land within the strip remains in the ownership of the land owner. Although identified on a survey plan, they do not need to be formally surveyed. Marginal strips- Areas of Crown land that adjoin the sea and are reserved from disposal by the Crown. They are created and managed under the Conservation Act 1987 and are held for conservation purposes. They are also held to enable public access and recreational use of the strips and adjacent water bodies. Management of marginal strips is usually the responsibility of the Department of Conservation but can be transferred to local authorities or adjoining owners where appropriate. Reserves - Can also be created under the Reserves Act These may be vested in a council as a reserve contribution associated with a subdivision, or created by the council or the Crown from land purchased from private land owners. In such cases the land becomes reserve upon resolution of council to that effect or by gazette notice. A reserve can include water bodies and/or land adjoining the margins of water bodies. Conclusion as to impact on 2003 information It is considered by LINZ that, when the data is viewed at a national level, the limited volume of changes in ownership for parcels of land for esplanade areas since 2003 is not material. iv. Improved Data As a general statement there has been an incremental improvement in the data quality since There has not been a quantum improvement in the data that means that the 2003 data is no longer valid, or currently not the most reliable available data. There are currently two initiatives that might improve the data for any future analysis: The government s Kiwimage project will provide by 2012 improved aerial photography images that will have a spatial resolution of +/- 3 meters over all areas of New Zealand. This project is currently only partially complete; 6 and The completion of the Maori Freehold Land Registration project in March 2010 to register all outstanding Maori Land Court orders relating to Maori land ownership on the Land Title register has improved the future ability to identify Maori land compared to what was possible in Conclusion as to impact on 2003 information There has not been a quantum improvement in the data that means that the 2003 data is no longer valid, or currently is not the most reliable available data. 6 For the Kiwimage project to add real value to the type of analysis requested by the Ministry of Justice there needs to be a corresponding improvement in the topographical maps that are overlaid the aerial images. 18

19 v. Accretion and erosion Accretion and erosion of land by force of tidal water can either be an abrupt change or a gradual and imperceptible process. It is common for natural forces to bring about changes in the boundary between land and the sea. Any such change can result in an accretion of land or can cause a loss of land. The common law recognises changes in boundaries from a gradual and imperceptible process. Abrupt changes will not affect the boundaries of an estate and could create situations where a parcel that was once adjoining the foreshore is now partially land and partially foreshore. 7 This is reflected in land parcels categorized as B or C in Table 1. Whether this accretion and erosion has a legal impact or the title for an individual parcel, or not, can only be determined from an analysis of the facts of each case. Conclusion as to impact on 2003 information The impact of accretion and erosion on the 2003 data for the 6 year period will not be material, when: Overall conclusion The 2003 data is considered at a national level; Taking into account the spatial accuracy of the underlying 2003 data; and The reliability of estimating the impact of accretion and erosion from 2003 to 2010 from aerial photography images. A complete updating of the 2003 analysis would require similar resources to the original 2003 analysis (6 suitably qualified staff over 4 months). 8 Within the timeframes provide by the Ministry of Justice a complete updating is not possible. A complete updating of the 2003 analysis will still be subject to the normal limitations for this type of analysis. After considering the degree of accuracy of the 2003 analysis, the causes of changes to the 2003 data for the period 2004 to 2010 and the materiality of each cause of change, it is LINZ s opinion that: Within the time frames provided that the 2003 data is the most reliable available data for the current foreshore and seabed review; and There are inherent limitations to the 2003 analysis that means it is only appropriate for analysis at a national level and is not relevant for analysis of regional or localized issues. 7 The common law is subject to the Land Transfer Act 1952, thus landowners with registered title under the Act will retain title to former dry land now eroded and under the sea. 8 The 4 months estimate of time could be reduced if more suitable qualified staff were committed to the project. 19

20 If you require any further information from LINZ to assist the foreshore and seabed review please contact Roland Daysh (ddi ). Yours sincerely David Kelliher Acting Manager Land Policy Land Information New Zealand 20