Other Acts relating to the use of your property
The following are some of the other Acts relating to the use of your property and land development in New Zealand.
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Te Ture Whenua Maori Act (Maori Land Act)
The Foreshore and Seabed Act provides for Crown ownership of the public foreshore and seabed, on behalf of all New Zealanders. The Act is based on four main principles:
- guaranteeing public ownership, now and in the future;
- regulating the rights and interests of all New Zealanders;
- protecting existing customary rights and interests; and
- ensuring certainty in respect of rights and interests in the public foreshore and seabed.
For subdivisions that has an area that includes foreshore and seabed land, that part of the land that is within the foreshore and seabed will change ownership to Crown. Depending on the size of the subdivision, compensation may be paid by the Crown.
Under the Act, where land has been reclaimed, the Minister of Conservation can not transfer a freehold title to the reclaimed land. Land can be leased from the Minister of Conservation, but only Port companies will be given an automatic right of renewal to leases.
Hazardous Substances and New Organisms Act 1996
The Hazardous Substances and New Organisms Act 1996 controls the import, manufacture or use (including disposal) of manufactured chemicals that have hazardous properties.
Any storage and disposal of hazardous substances will be required to get resource consent and to be able to comply with the Act. A hazardous substance is defined as any substance—
(a) With one or more of the following intrinsic properties:
(i) Explosiveness:
(ii) Flammability:
(iii) A capacity to oxidise:
(iv) Corrosiveness:
(v) Toxicity (including chronic toxicity):
(vi) Ecotoxicity, with or without bioaccumulation; or
(b) Which on contact with air or water (other than air or water where the temperature or pressure has been artificially increased or decreased) generates a substance with any one or more of the properties specified above.
The Reserves Act has a three fold function. These are:
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To provide for the preservation and management, for the benefit and enjoyment of the public, areas possessing some special feature or values such as recreational use, wildlife, landscape amenity or scenic value. For example, the reserve may have value for recreation, education, as wildlife habitat or as an interesting landscape.
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To ensure, as far as practicable, the preservation of representative natural ecosystems or landscapes and the survival of indigenous species of flora and fauna, both rare and commonplace.
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To ensure, as far as practicable, the preservation of access for the public to the coastline, islands, lakeshore and riverbanks and to encourage the protection and preservation of the natural character of these areas.
The Reserves Act provides for the acquisition of land for reserves, and the classification and management of reserves (including leases and licences).
The Reserves Act establishes eight types of reserves, these are:
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National Reserves - these are reserves of national or international importance. Marine parks are a type of national reserve. An example is Fiordland National Park.
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Recreational Reserves - the main purpose of these reserves is the provision of areas for recreation and sporting activities. This is to provide for the physical welfare and enjoyment of the public and for the protection of the natural environment and beauty. An example is the Waitakeri Ranges recreation reserve.
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Historic Reserves - these are established primarily to protect and preserve in perpeturity places, objects and natural features of historic, archaeological, cultural, educational and other special interest. An example is the Treaty House reserve.
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Scenic Reserve - is a reserve established to protect and preserve in perpetuity, for their intrinsic worth and for the public benefit, enjoyment and use, such qualities of scenic interest or beuty or natural features worthy of protection in the public interest.
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Nature Reserves - are established primarily to protect and preserve indiginous flora or fauna or natural features of rarity, scientific interest or importance so unique that their preservation is in the public interest. Entry is by approval only. An example is the Cromwell Chaver beatle reserve.
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Scientific Reserves - the principal purpose is the protection and preservation in perpetuity of areas for scientific study, research, education and the benefit of the country. ENtry to all or part of a reserve may be restricted. An example is the Tairoa Heads where the Albatros colony is.
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Government Purpose Reserves - these are for a particular government purpose.
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Local Purpose Reserves - these are held for the particular local purpose specified on the reserves documents.
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Wilderness Areas - reserves or part of them are set apart as wilderness areas and are maintained in their natural state. No buildings, animals, roads or tracks are permitted in the area.
Te Ture Whenua Maori Act (Maori Land Act)
Land in New Zealand is held under one of five ways in New Zealand, the latter three types are dealt with under the Te Ture Whenua Maori Act.
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Crown Land - this is land held in the ownership of the Crown and which has not previously been held in private ownership.
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General Land - most land in New Zealand is classified as being general land, which is held in a freehold title. Some examples are your house, the farm at the end of the nearest town.
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General Land held by Maori - this type of land is the same as general land with the exception that it is in ownership of Maori. Maori are free to sell their land to anyone.
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Maori Land - this is land that is held by Maori and cannot be passed onto anyone other than Maori.
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Maori Customary Land - this is land that has never been brought by the Crown and so is still in the original ownership. There are numerous questions over whether there is any Maori Customary Land in New Zealand and with the introduction of the Foreshore and Sea Bed legislation there will now be less.
The importance with the Maori Land Act on surveying and subdivision in New Zealand is that an order from the Maori Land Court is required to allow any changes to a properties boundaries, this only applies if the land is Maori Land. Survey plans always start ML, which stands for Maori Land. An example of a Maori Land Plan is below.
For information on other Acts of Parliament, please click on one of the following Links
