Crown Ownership of Foreshore and Seabed
The vesting of ownership of the Foreshore and Seabed in the Crown is set out in new Foreshore and Seabed Act 2004, details of which can be found here:
Responsibilities
Resource Management Act (RMA)
The RMA is the principal statute for managing activities on foreshore and seabed, as well as activities which affect water quality. The regional coastal plan is the primary mechanism for determining what can occur in particular areas, and what the environment will be like as a result of management. These provisions are being reformed at present through the Aquaculture Bill, to provide better management of aquaculture activities.
Minister of Conservation
The Minister of Conservation has a range of key functions in relation to management and regulation of foreshore and seabed activities under the Resource Management Act. This includes approving national coastal policy statements, approving regional coastal plans, being the decision-maker for some coastal activities, and vesting reclamations. The Minister of Conservation is also responsible for any other management functions of the Crown in relation to foreshore and seabed which are not covered by the RMA or specifically assigned to another agency.
Regional councils
The detailed management of the environmental resources of the coastal marine area is carried out by regional councils. They prepare regional coastal plans and approve most coastal consents under the Resource Management Act.
Coastal rentals for occupation were originally collected for the Crown. The Resource Management Act has been amended to allow regional councils to set, collect and retain rental for occupation.
District councils
District councils do not have planning jurisdiction over the coastal area, but where there are foreshore and seabed areas within their boundaries they are responsible for matters such as the Building Act, and can pass bylaws to control certain types of activities (e.g. dogs, drinking alcohol, driving vehicles) that could affect the public use of these areas.
Department of Conservation
The Department of Conservation is responsible for supporting the Minister in his roles. A number of active management activities are also undertaken, such as spartina weed control, facilitating public access, health and safety responsibilities etc.
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