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Crown Minerals Act 1991

Permits, access to land, and other matters - Permits, access to land, and title notations - Access to land for minimum impact activity

51: Entry on Maori land for minimum impact activity

You could also call this:

"Entering Māori land for activities: you must ask the owners first and respect special rules"

Illustration for Crown Minerals Act 1991

If you want to enter Māori land to do a minimum impact activity, you must talk to the land owners first. You need to make a reasonable effort to find the owners and consult with them. You also need to give the local iwi authority at least 10 working days' notice before you enter the land.

You cannot enter Māori land that is considered waahi tapu without the owners' consent. Waahi tapu is a special place that is important to the Māori people. You must respect this and not enter the land without permission.

There are also special rules for certain areas of land, such as land registered in the name of Pootatau Te Wherowhero or Awanuiārangi II. For these areas, you need to get consent from the land holding trustee or the Ngāti Awa governance entity before you can enter. You can find more information about these rules in the Waikato Raupatu Claims Settlement Act 1995 and the Ngāti Awa Claims Settlement Act 2005.

Some land is also protected under the Ngāti Whare Claims Settlement Act 2012 and the Ngāti Manawa Claims Settlement Act 2012. For this land, you need to get consent from the trustees of Te Rūnanga o Ngāti Whare and Te Rūnanga o Ngāti Manawa before you can enter. You can find more information about these rules in the Ngāti Whare Claims Settlement Act 2012 and the Ngāti Manawa Claims Settlement Act 2012.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM246398.

Topics:
Māori affairs > Māori landMāori affairs > Treaty of WaitangiEnvironment and resources > Conservation
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Part 1BPermits, access to land, and other matters
Permits, access to land, and title notations: Access to land for minimum impact activity

51Entry on Maori land for minimum impact activity

  1. Where a permit holder or any person authorised under section 49, as the case may be, seeks to enter any Maori land for the purpose of carrying out any minimum impact activity, the permit holder or that person, shall, in addition to complying with section 49 and before any such entry is made—

  2. ensure that reasonable efforts have been made to consult with those owners of the land able to be identified by the Registrar of the Maori Land Court; and
    1. give not less than 10 working days' notice to the local iwi authority of the land to be entered and the matters referred to in section 49(3).

      1. No person may, without the consent of the owners of the land, enter Maori land for the purpose of carrying out a minimum impact activity where the land is regarded as waahi tapu by the tangata whenua.

      2. No person may, without the consent of the land holding trustee (as defined in section 7 of the Waikato Raupatu Claims Settlement Act 1995), enter on any land that is both—

      3. registered in the name of Pootatau Te Wherowhero under section 19 of that Act; and
        1. regarded as waahi tapu by the land holding trustee within the meaning of that Act—
            1. for the purpose of carrying out a minimum impact activity.

          1. Subsection (1)(b) shall apply in relation to land registered in the name of Pootatau Te Wherowhero under section 19 of the Waikato Raupatu Claims Settlement Act 1995 as if that land were Maori land and as if the land holding trustee were the local iwi authority of that land.

          2. No person may, for the purpose of carrying out a minimum impact activity, enter on any land without the consent of the Ngāti Awa governance entity (as defined in section 12 of the Ngāti Awa Claims Settlement Act 2005), if the land is—

          3. registered in the name of Awanuiārangi II as protected land under section 157 of that Act; and
            1. regarded as wāhi tapu by the Ngāti Awa governance entity.

              1. Subsection (1)(b) applies in relation to land registered in the name of Awanuiārangi II as protected land under section 157 of the Ngāti Awa Claims Settlement Act 2005 as if—

              2. the land were Maori land; and
                1. the Ngāti Awa governance entity were the local iwi authority of the land.

                  1. No person may, for the purpose of carrying out a minimum impact activity, enter on any land without the consent of the trustees of Te Rūnanga o Ngāti Whare and the trustees of Te Rūnanga o Ngāti Manawa (as those terms are defined in section 10 of the Ngāti Whare Claims Settlement Act 2012 and section 10 of the Ngāti Manawa Claims Settlement Act 2012), if the land is registered in the names of Wharepakau and Tangiharuru as tenants in common.

                  2. Subsection (1)(b) applies in relation to land registered in the names of Wharepakau and Tangiharuru as tenants in common under section 104 of the Ngāti Whare Claims Settlement Act 2012 and section 88 of the Ngāti Manawa Claims Settlement Act 2012 as if that land were Māori land and as if the trustees of Te Rūnanga o Ngāti Whare and the trustees of Te Rūnanga o Ngāti Manawa (as those terms are defined in section 10 of the Ngāti Whare Claims Settlement Act 2012 and section 10 of the Ngāti Manawa Claims Settlement Act 2012) were jointly the local iwi authority of that land.

                  3. No person may, for the purpose of carrying out a minimum impact activity enter on any land without the consent of the trustees of Te Rūnanga o Ngāti Whare (as defined in section 10 of the Ngāti Whare Claims Settlement Act 2012), if the land is—

                  4. registered in the name of Wharepakau as protected land under section 104 of that Act; and
                    1. regarded as wāhi tapu by the trustees.

                      1. Subsection (1)(b) applies in relation to land registered in the name of Wharepakau as protected land under section 104 of the Ngāti Whare Claims Settlement Act 2012 as if that land were Māori land and as if the trustees were the local iwi authority of that land.

                      Notes
                      • Section 51(3): added, on , by section 35 of the Waikato Raupatu Claims Settlement Act 1995 (1995 No 58).
                      • Section 51(4): added, on , by section 35 of the Waikato Raupatu Claims Settlement Act 1995 (1995 No 58).
                      • Section 51(5): added, on , by section 160 of the Ngāti Awa Claims Settlement Act 2005 (2005 No 28).
                      • Section 51(6): added, on , by section 160 of the Ngāti Awa Claims Settlement Act 2005 (2005 No 28).
                      • Section 51(7): inserted, on , by section 90(5) of the Ngāti Whare Claims Settlement Act 2012 (2012 No 28).
                      • Section 51(8): inserted, on , by section 90(5) of the Ngāti Whare Claims Settlement Act 2012 (2012 No 28).
                      • Section 51(9): inserted, on , by section 105(6) of the Ngāti Whare Claims Settlement Act 2012 (2012 No 28).
                      • Section 51(10): inserted, on , by section 105(6) of the Ngāti Whare Claims Settlement Act 2012 (2012 No 28).