Marine and Coastal Area (Takutai Moana) Act 2011

Preliminary provisions - Purpose and acknowledgements

4: Purpose

You could also call this:

"This law protects New Zealand's coastal areas for everyone."

Illustration for Marine and Coastal Area (Takutai Moana) Act 2011

The purpose of this Act is to protect the interests of all New Zealanders in the marine and coastal area. You will see it recognises the mana tuku iho of iwi, hapū, and whānau as tangata whenua. It also acknowledges the Treaty of Waitangi. This Act repeals the Foreshore and Seabed Act 2004 and restores customary interests that were extinguished by that Act. You can find the Foreshore and Seabed Act 2004 at https://legislation.govt.nz/act/public/2004/0090/latest. It contributes to the continuing exercise of mana tuku iho in the marine and coastal area. It gives legal expression to customary interests and recognises and protects existing lawful rights and uses in the marine and coastal area. The Act also recognises the importance of the common marine and coastal area for its own worth and for the benefit of the public of New Zealand.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3213143.

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3: Outline of Act, or

"What the Marine and Coastal Area Act is About"


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5: Repeal of Foreshore and Seabed Act 2004, or

"This law cancels the old Foreshore and Seabed Act 2004."

Part 1Preliminary provisions
Purpose and acknowledgements

4Purpose

  1. The purpose of this Act is to—

  2. establish a durable scheme to ensure the protection of the legitimate interests of all New Zealanders in the marine and coastal area of New Zealand; and
    1. recognise the mana tuku iho exercised in the marine and coastal area by iwi, hapū, and whānau as tangata whenua; and
      1. provide for the exercise of customary interests in the common marine and coastal area; and
        1. acknowledge the Treaty of Waitangi (te Tiriti o Waitangi).
          1. To that end, this Act—

          2. repeals the Foreshore and Seabed Act 2004 and restores customary interests extinguished by that Act; and
            1. contributes to the continuing exercise of mana tuku iho in the marine and coastal area; and
              1. gives legal expression to customary interests; and
                1. recognises and protects the exercise of existing lawful rights and uses in the marine and coastal area; and
                  1. recognises, through the protection of public rights of access, navigation, and fishing, the importance of the common marine and coastal area—
                    1. for its intrinsic worth; and
                      1. for the benefit, use, and enjoyment of the public of New Zealand.