Coastal Rights and Resources

Marine and coastal areas management

Brookfields advises on the regulation of activities in the coastal marine area under the Resource Management Act 1991, the various rights to foreshore and seabed under the Marine and Coastal Area (Takutai Moana) Act 2011, and on matters relating to all coastal activities including ownership, occupation and use rights.

The Resource Management Act 1991 applies on land and in the territorial sea up to 12 nautical miles. Brookfields advises territorial authorities on the preparation, consultation, hearing and adoption of regional coastal plans, and on consents and appeals in relation to such plans. We advise public authorities, commercial entities and private clients on matters addressed in the New Zealand Coastal Policy Statement. We also advise commercial operators on a range of business activities from planning requirements for aquaculture (marine farms) to obtaining consents for tourism ventures in coastal areas.

The Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 applies after the 12 nautical miles mark in the coastal management area (CMA). It is aimed at minimising the environmental risks of activities such as petroleum exploration, seabed mining, marine energy generation and carbon capture developments. The Act and its accompanying regulations allow for activities to be classified as permitted, non-notified discretionary and discretionary.

We can advise and help with:

  • Rights to foreshore and seabed
  • Statutory requirements for commercial ventures in the CMA
  • Obtaining consents and/or licences
  • Risk management and auditing
  • Related legal services such as commercial contracts for operations including PPPs (Public-Private Partnerships) or joint ventures
  • The planning process including preparation of plans and consultation, including iwi consultation

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