Reclaimed Land A guide fr develpers applying fr an interest in reclaimed land under the Marine and Castal Area Act 2011 February 2014 1
Intrductin This guide explains hw yu as a develper - can apply fr an interest in reclaimed land under the Marine and Castal Area (Takutai Mana) Act 2011 (the Act). The Act prvides a new regime fr the granting f interests in reclaimed land frmed frm the cmmn marine and castal area. The Act gives LINZ new respnsibilities in relatin t the granting f an interest in reclaimed land. Backgrund What is reclaimed land? Reclaimed land is permanent land frmed frm land that was frmerly belw the line f mean highwater springs and - as a result f a reclamatin - is nw lcated abve this line. It desn t include land that arises as a result f natural prcesses such as accretin, r structures such as breakwaters r sea walls. Land may be reclaimed fr a number f purpses including prt cmpany develpments, airprt runway extensins, marinas and ther land uses. Fllwing the passage f the Act, the wnership f all existing reclaimed land that was nt in private title was vested in the Crwn. This land is nw administered by the Minister fr Land Infrmatin. What is the line f mean high-water springs? The line f mean high-water springs refers t the average f the levels f each pair f successive high waters (r high tide). Wh can apply fr an interest in reclaimed land? Under the Act, nly certain parties can apply fr an interest in reclaimed land. This is limited t the develper f the reclaimed land, which is the persn wh hlds the resurce cnsent fr the reclamatin in ther wrds, the land that will be frmed by the reclamatin. Netwrk utility peratrs may apply fr an interest in reclaimed land, where it requires a lesser interest. Fr example, they may apply fr an easement in an area f reclaimed land fr their netwrk utility peratin. If yu are a netwrk utility peratr seeking an interest in reclaimed land, please cntact LINZ directly. Land Infrmatin New Zealand (LINZ) prcesses these applicatins fr the Minister fr Land Infrmatin. Decisins are made by the Minister fr Land Infrmatin r their delegate. What interest can I apply fr? Yu can apply fr either a freehld interest r a lesser interest in reclaimed land. A freehld 2
interest means an estate in fee simple, but desn t include a stratum estate created under the Unit Titles Act 1972 r the Unit Titles Act 2010. A lesser interest includes a lease, licence, easement r ther right r title t ccupy r use the land. What d I need t have befre I can apply? T be eligible t apply yu must btain all necessary resurce cnsents fr the reclamatin frm the relevant lcal authrity. In determining whether r nt t grant resurce cnsent, the lcal authrity will cnsider the envirnmental effects f the reclamatin. Making an applicatin When can I apply fr an interest in reclaimed land? Yu can apply at any time after yu have all f the necessary resurce cnsents fr the reclamatin. This may be prir t cmmencing cnstructin, r after the reclamatin has been cmpleted. There is a tw stage applicatin prcess: Step ne The Minister fr Land Infrmatin (r their delegate) will determine whether r nt t grant yu an interest in the reclaimed land this is referred t as making a determinatin. If their determinatin is t grant yu an interest in the reclaimed land, this will take effect after the reclamatin has been cmpleted and the requirements f sectin 245 f the Resurce Management Act 1991 have been met. This includes cmpleting surveys f the reclaimed land. Step tw Once step ne is cmpleted, yu can then apply t have the interest in the reclaimed land vested in yu. If the Minister is satisfied with yur applicatin, and yu have met any cnditins impsed, then the interest in the reclaimed land will be vested in yu. Hw d I make an applicatin? Apply in writing t: The Manager Crwn Prperty Management Land Infrmatin New Zealand Private Bag 5501 Wellingtn 6145. Yu must prvide the infrmatin utlined n the last page f this guide with yur applicatin. Will I need t pay a fee when I apply fr an interest in reclaimed land? Yes. The Marine and Castal Area (Takutai Mana) Reclamatin Fees Regulatins 2012, develped by the Ministry f Justice, set ut the fees fr applicatins and ther actins fr reclaimed land. 3
These tk effect n 18 January 2013. The regulatins als set ut a methd t determine the fee payable by yu fr LINZ t btain a valuatin f the Crwn s interest in the reclaimed land. The fees are set ut n page 5 belw. Hw lng will the determinatin take? The time taken will depend n the cmplexity f yur applicatin, the standard f the infrmatin yu prvide and the wrk required by LINZ t prcess it. There is n statutry timeframe within which an applicatin fr cnsent must be determined. Hw much will I have t pay fr the interest in reclaimed land? The Minister fr Land Infrmatin (r delegate) will determine hw yu need t pay the Crwn fr the interest in reclaimed land. The amunt yu re required t pay is called the cnsideratin. This may include payment fr any freehld interest, rent r ther charge. LINZ will btain an independent valuatin f the Crwn s interest in the land, which will infrm the Minister s determinatin. What des the Minister cnsider befre making a decisin? The Minister must cnsider the matters set ut in sectin 36(2) f the Act. We recmmend yu lk at this sectin t ensure yur applicatin cntains the infrmatin required by the Minister. If yu cnsider that any f the matters raised in sectin 36(2) are nt applicable t yur case, please prvide clear reasns in yur written applicatin fr the Minister t cnsider. Can I be assured f getting a freehld interest? Under the Act, certain parties wh apply fr an interest in reclaimed land must be granted a freehld interest, unless: they d nt want a freehld interest; r the Minister determines that gd reasn exists nt t grant a freehld interest. These parties are: a prt cmpany (as defined in s2(1) f the Prt Cmpanies Act 1988); a prt peratr (as defined in s650j(6) f the Lcal Gvernment Act 1974); r the cmpanies that perate either the Auckland r Wellingtn Internatinal Airprts (r their subsidiaries). My develpment has changed since the Minister s determinatin what happens? If yur develpment r circumstances change, yu can apply t the Minister fr a variatin t the determinatin. Please cntact LINZ as sn as yu becme aware f the need t make a variatin. This variatin is separate t any Resurce Management Act requirements that may apply. 4
Hw r when am I granted my interest in the reclaimed land? Yu can apply t have the freehld r lesser interest vested in yu after the reclamatin has been cmpleted and the reclaimed land has vested in the Crwn (see abve). The Minister may vest the interest if satisfied that: the vesting cmplies with the previus determinatin; any cnditins impsed by the Minister have r will be met; and a certificate under s245(5)(b) f the Resurce Management Act has been issued fr the land. The Minister will vest the interest by a ntice in the Gazette. Fr freehld interests - and lesser interests deemed apprpriate - the Minister will request that the Registrar-General f Land issues a cmputer register fr the land. T cmplete this, a fee will be required frm yu. Table f fees Fee descriptin Applicatin fr interest in reclaimed land by a develper r netwrk utility peratr Applicatin fr variatin f the Minister fr Land Infrmatin s (r their delegate s) determinatin. Vesting f interest in reclaimed land Applicatin fr renewal f interests less than freehld Applicatin fr interest in reclaimed land by custmary marine title grup Fee amunt $3,100 and a valuatin services fee calculated in accrdance with regulatin 10 f the Marine and Castal Area (Takutai Mana) Reclamatin Fees Regulatins 2012. $570 $2,840 in the case f a freehld interest, r $2,140 in the case f a lesser interest $1,360 $2,245 and a valuatin services fee calculated in accrdance with regulatin 10 f the Marine and Castal Area (Takutai Mana) Reclamatin Fees Regulatins 2012. When vesting an interest in a custmary marine title grup, the grup must pay a fee f: $2,840 in the case f a freehld interest, r $2,140 in the case f a lesser interest Request fr certificate under sectin 44(3) f Act that any subsequent dispsal f a freehld interest granted by the Minister is in accrdance with the Act. $280 5
Infrmatin required with applicatin 1 Applicant details Applicant name this shuld be an individual r cmpany name, which is the name f the entity that the interest will be vested in. Physical address Pstal address Phne (day, mbile, fax) Email address Incrpratin and sharehlder infrmatin if yu are applying fr an interest in reclaimed land fr a cmpany, please prvide details f registratin. A cpy f the certificate f incrpratin must be prvided. Name f cntact persn fr applicatin Details f agent/cnsultant (if different frm the cntact persn abve) please nte if an agent/cnsultant is wrking fr the applicant, yu must als prvide cnfirmatin f the authrity fr that persn t act n yur behalf. 2 Details f the land Legal descriptin if applicable Estimated area Lcatin Current and future use please prvide details f the existing and ptential activities that are/may be undertaken n the reclaimed land Date f cnstructin if the reclamatin has been cmpleted Summary f any histric land uses Inventry f any structures n the land, including wnership Zning frm the District Plan prpsed r existing. Cntaminatin cnfirmatin that there is n knwn cntaminatin assciated with the land. Plans and phtgraphs the fllwing must be attached t the applicatin: cadastral survey dataset - if available - r an illustrative plan depicting the area f reclaimed land; aerial phtgraphs shwing the area befre, and after - if the reclamatin has been cmpleted; a planning map frm the relevant territrial authrity; a plan identifying the wnership f all land adjining the cmpleted/prpsed reclamatin; and a Quickmap (r similar) search. 6
3 Details f the applicatin Cnfirmatin that the land is subject t the Marine and Castal Area Act 2011 Eligibility please prvide evidence that yu are eligible - in terms f sectin 35 f the Act - t apply fr an interest in reclaimed land. Interest required identify the interest that yu re seeking in the reclaimed land, including advice abut the purpse fr the interest and why this is the minimum interest necessary t achieve yur purpses. Other Arrangements detail any prpsed sub-leasing r mrtgagee arrangements, where applicable (i.e. d yu prpse t lease/sub-lease parts f the land t thers, r btain a mrtgage ver the land if an interest is granted?) cnfirm any ther knwn expressins f interest in the land, r ther prpsals fr use f the land. 4 Details f ptential values and interests in the reclaimed land NOTE sme f the fllwing infrmatin may be included in the resurce cnsent applicatin r decisin fr the reclaimed land. If s (and the infrmatin has nt changed since cnsent was granted), a crss-reference t the relevant dcument is sufficient. Public interest in the reclaimed land - identify any public interest in the reclaimed land. Extent f public benefit - identify any public benefit frm the cnstructin and use f the reclaimed land. Histrical claims under the Treaty f Waitangi Act 1975, r any pending applicatins under Part 4 f the MACAA, ver the land written advice frm the Office f Treaty Settlements as t whether there are any claims ver the reclaimed land r any applicatins fr custmary marine title in the area. Cultural Values t tangata whenua - written reprt frm an authrised representative f the tangata whenua n any cultural values n the cmpleted/prpsed reclaimed land and the surrunding area. Infrmatin t help yu t identify the apprpriate iwi t apprach is prvided n Te Puni Kōkiri s website. Please nte that there may be mre than ne iwi with an interest in the area. Natural r histric values detail any natural values n the land, including any indigenus vegetatin, ecsystems, fauna, the margins f waterways, castal envirnment r wetlands written advice frm the NZ Histric Places Trust advising whether there are any histric features including histric sites, wahi tapu and archaelgical sites n the reclaimed land. Ptential public access, amenity and recreatinal values detail any ptential recreatinal use fr the land; detail any amenity values assciated with the land; advise whether members f the public will have access ver the land, in rder t gain access t, frm and alng the castal marine area; and 7
detail any prpsed limitatins n public access ver the land, and the reasns fr these limitatins. Use as ptential redress prvide written advice frm the Office f Treaty Settlements n whether this land has been identified as ptential redress by an iwi, if knwn, as part f a prpsed Treaty Settlement. 5 Resurce Cnsent Except in the case f netwrk utility peratrs, please prvide details f the resurce cnsent fr the reclamatin and ther apprvals, including: the resurce cnsent applicatin the resurce cnsent decisin and cnditins granted, including advice if there are any changes t thse cnditins a cpy f the district plan map. 6 Csts f reclamatin Breakdwn f all csts - this shuld prvide either: all csts incurred in building the reclamatin - if the reclamatin has been cmpleted - including the dates thse csts were incurred a budget fr a prpsed reclamatin. 7 Additinal infrmatin required where reclamatins have yet t be cmpleted Please prvide a detailed descriptin f the prpsed reclamatin (i.e. the building plan, earthwrks, timelines, imprvements and structures and the nature f the wnership). 8 Applicatin Fee The required applicatin fee must be paid befre LINZ can start prcessing yur applicatin. 8