Marine and Coastal Area (Takutai Moana) Act 2011

Preliminary provisions - Purpose and acknowledgements

9: Interpretation

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You need to understand what some words mean in the Marine and Coastal Area Act. The Act explains what these words mean: accommodated activity, affected iwi, hapū, or whānau, agreement, and many more. These words are important to understand how the Act works and what it says about the marine and coastal area of New Zealand.

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Part 1Preliminary provisions
Purpose and acknowledgements

9Interpretation

  1. In this Act, unless the context otherwise requires,—

    accommodated activity has the meaning given in section 64

      affected iwi, hapū, or whānau has the meaning given in section 47(1)

        agreement means an agreement—

        1. made under section 95 between an applicant group and the responsible Minister on behalf of the Crown to recognise and provide, as the case may be, for—
          1. protected customary rights; or
            1. customary marine title; and
            2. brought into effect under section 96

              applicable period, for a determination of whether customary marine title exists in a specified area of the common marine and coastal area (see sections 57A, 57B, 58, 59, 95, 98, and 106), means the period specified (as applicable)—

              1. in section 58(1)(b)(i) (from 1840 to the present day); or
                1. in section 58(3)(c)(ii) and for the purposes of section 58(1)(b)(ii) (from 1840 to the time of a customary transfer); or
                  1. in section 58(3)(d)(ii) and for the purposes of section 58(1)(b)(ii) (from the time of a customary transfer to the present day)

                    applicant group

                    1. means 1 or more iwi, hapū, or whānau groups that seek recognition under Part 4 of their protected customary rights or customary marine title by—
                      1. a recognition order; or
                        1. an agreement; and
                        2. includes a legal entity (whether corporate or unincorporate) or natural person appointed by 1 or more iwi, hapū, or whānau groups to be the representative of that applicant group and to apply for, and hold, an order or enter into an agreement on behalf of the applicant group

                          aquaculture activities has the meaning given in section 2(1) of the Resource Management Act 1991

                            chief executive means the chief executive of Land Information New Zealand

                              CMT Amendment Act means the Marine and Coastal Area (Takutai Moana) (Customary Marine Title) Amendment Act 2025

                                CMT amendments means this Act’s provisions as amended, inserted, or replaced by the CMT Amendment Act

                                  coastal permit has the meaning given in section 2(1) of the Resource Management Act 1991

                                    common marine and coastal area means the marine and coastal area other than—

                                    1. specified freehold land located in that area; and
                                      1. any area that is owned by the Crown and has the status of any of the following kinds:
                                        1. a conservation area within the meaning of section 2(1) of the Conservation Act 1987:
                                          1. a national park within the meaning of section 2 of the National Parks Act 1980:
                                            1. a reserve within the meaning of section 2(1) of the Reserves Act 1977; and
                                            2. the bed of Te Whaanga Lagoon in the Chatham Islands

                                              concession means a concession granted following the process required by Part 3B of the Conservation Act 1987

                                                consent authority has the meaning given in section 2(1) of the Resource Management Act 1991

                                                  conservation area has the meaning given in section 2(1) of the Conservation Act 1987

                                                    conservation permission right means the permission right that a customary marine title group may exercise under a customary marine title order or an agreement in relation to the conservation activities specified in section 71(3)

                                                      conservation process means any of the conservation processes specified in section 47

                                                        conservation protected area

                                                        1. means a part of the marine and coastal area that is protected, primarily for the purposes of conserving natural resources or the historical and cultural heritage of the area, under 1 or more of the following Acts:
                                                          1. the Conservation Act 1987:
                                                            1. the National Parks Act 1980:
                                                              1. the Reserves Act 1977:
                                                                1. the Wildlife Act 1953; and
                                                                2. includes any adjoining land that may become part of that conservation protected area, whether or not it is within the marine and coastal area

                                                                  contact details, as applying to an applicant group, protected customary rights group, or customary marine title group, means,—

                                                                  1. in relation to an individual, the full street address where the individual usually lives or where that individual can be contacted; and
                                                                    1. in relation to a body corporate or unincorporate, the full street address of the body's place of business or head office; and
                                                                      1. in every case, an email address or telephone numbers

                                                                        council-controlled organisation has the meaning given in section 6(1) of the Local Government Act 2002

                                                                          Court means the High Court

                                                                            Crown has the meaning given in section 2 of the Public Finance Act 1989

                                                                              Crown entity has the meaning given in section 7 of the Crown Entities Act 2004

                                                                                customary marine title means the customary interests—

                                                                                1. established by an applicant group in accordance with subpart 3 of Part 3; and
                                                                                  1. recognised by—
                                                                                    1. a customary marine title order; or
                                                                                      1. an agreement

                                                                                      customary marine title area means the part of the common marine and coastal area where a customary marine title order applies or in respect of which an agreement is made and brought into effect

                                                                                        customary marine title group

                                                                                        1. means an applicant group to which a customary marine title order applies or with which an agreement is made and brought into effect; and
                                                                                          1. includes a delegate or transferee of the group if the delegation or transfer is made in accordance with tikanga

                                                                                            customary marine title order means an order of the Court—

                                                                                            1. granted in recognition of a customary marine title of a customary marine title group in respect of a customary marine title area; and
                                                                                              1. sealed under section 113

                                                                                                deemed accommodated activity has the meaning given in section 65

                                                                                                  Director-General means the Director-General of Conservation

                                                                                                    effective date means,—

                                                                                                    1. in the case of a recognition order made under section 98, the date on which the order is sealed under section 113; and
                                                                                                      1. in the case of an agreement entered into under section 95, the date on which the agreement is brought into effect under section 96(1)

                                                                                                        environment has the meaning given in section 2(1) of the Resource Management Act 1991

                                                                                                          exclusive use and occupation has the meaning given in section 57A

                                                                                                            infrastructure has the meaning given in section 2(1) of the Resource Management Act 1991

                                                                                                              kaitiakitanga has the meaning given in section 2(1) of the Resource Management Act 1991

                                                                                                                local authority has the meaning given in section 5(1) of the Local Government Act 2002

                                                                                                                  mana tuku iho means inherited right or authority derived in accordance with tikanga

                                                                                                                    Māori Appellate Court means the court continued by section 50 of Te Ture Whenua Maori Act 1993

                                                                                                                      Māori Land Court means the court continued by section 6 of Te Ture Whenua Maori Act 1993

                                                                                                                        marine and coastal area

                                                                                                                        1. means the area that is bounded,—
                                                                                                                          1. on the landward side, by the line of mean high-water springs; and
                                                                                                                            1. on the seaward side, by the outer limits of the territorial sea; and
                                                                                                                            2. includes the beds of rivers that are part of the coastal marine area (within the meaning of the Resource Management Act 1991); and
                                                                                                                              1. includes the airspace above, and the water space (but not the water) above, the areas described in paragraphs (a) and (b); and
                                                                                                                                1. includes the subsoil, bedrock, and other matter under the areas described in paragraphs (a) and (b)

                                                                                                                                  mineral has the meaning given in section 2(1) of the Crown Minerals Act 1991

                                                                                                                                    plan has the meaning given in section 43AA of the Resource Management Act 1991, and also includes any proposed plan

                                                                                                                                      planning document means the document that may be prepared by a customary marine title group under section 85

                                                                                                                                        privilege, in relation to any mineral,—

                                                                                                                                        1. has the same meaning as the definition of existing privilege in section 2(1) of the Crown Minerals Act 1991; and
                                                                                                                                          1. also means prospecting, exploration, and mining permits granted under that Act, and their associated mining operations (within the meaning of section 2(1) of that Act)

                                                                                                                                            proposed plan has the meaning given in section 43AAC of the Resource Management Act 1991

                                                                                                                                              protected customary right means an activity, use, or practice—

                                                                                                                                              1. established by an applicant group in accordance with subpart 2 of Part 3; and
                                                                                                                                                1. recognised by—
                                                                                                                                                  1. a protected customary rights order; or
                                                                                                                                                    1. an agreement

                                                                                                                                                    protected customary rights area means the part of the common marine and coastal area where a protected customary rights order or an agreement applies

                                                                                                                                                      protected customary rights group

                                                                                                                                                      1. means an applicant group to which a protected customary rights order applies or with which an agreement is made; and
                                                                                                                                                        1. includes a delegate or transferee of the group if the delegation or transfer is made in accordance with tikanga

                                                                                                                                                          protected customary rights order means an order of the Court granted in recognition of the protected customary rights of a protected customary rights group in respect of a protected customary rights area and sealed under section 113

                                                                                                                                                            public notice has the meaning given in section 2(1) of the Resource Management Act 1991

                                                                                                                                                              quota management system has the meaning given in section 2(1) of the Fisheries Act 1996

                                                                                                                                                                recognition order means a protected customary rights order or a customary marine title order, as the case requires, made under section 98(1)

                                                                                                                                                                  regional council has the meaning given in section 2(1) of the Resource Management Act 1991

                                                                                                                                                                    regional document has the meaning given in section 92

                                                                                                                                                                      register means the marine and coastal area register that must be kept by the chief executive in accordance with subpart 3 of Part 4

                                                                                                                                                                        Registrar means the Registrar-General of Land appointed in accordance with section 231 of the Land Transfer Act 2017

                                                                                                                                                                          resource consent has the meaning given in section 2(1) of the Resource Management Act 1991

                                                                                                                                                                            responsible Minister means the Minister of the Crown who, with the authority of the Prime Minister, is for the time being responsible for the administration of any provision in this Act

                                                                                                                                                                              RMA permission right means the right held by a customary marine title group under a customary marine title order or agreement as provided for in sections 66 to 68

                                                                                                                                                                                road means—

                                                                                                                                                                                1. a road within the meaning of section 315(1) of the Local Government Act 1974 or section 43(1) of the Government Roading Powers Act 1989; and
                                                                                                                                                                                  1. a motorway within the meaning of section 2(1) of the Government Roading Powers Act 1989; and
                                                                                                                                                                                    1. the supporting subsoil of any road described in paragraph (a) or (b)

                                                                                                                                                                                      sand has the meaning given in section 2(1) of the Crown Minerals Act 1991

                                                                                                                                                                                        ship has the meaning given in section 2(1) of the Maritime Transport Act 1994

                                                                                                                                                                                          specified freehold land means any land that, immediately before the commencement of this Act, is—

                                                                                                                                                                                          1. Maori freehold land within the meaning of section 4 of Te Ture Whenua Maori Act 1993; or
                                                                                                                                                                                            1. set apart as a Maori reservation under Te Ture Whenua Maori Act 1993; or
                                                                                                                                                                                              1. registered under the Land Transfer Act 2017 and in which a person other than the Crown or a local authority has an estate in fee simple that is registered under that Act; or
                                                                                                                                                                                                1. subject to the Deeds Registration Act 1908 and in which a person other than the Crown or a local authority has an estate in fee simple under an instrument that is registered under that Act

                                                                                                                                                                                                  structure

                                                                                                                                                                                                  1. has the meaning given in section 2(1) of the Resource Management Act 1991; and
                                                                                                                                                                                                    1. includes any breakwater, groyne, mole, or other such structure that is made by people and fixed to land

                                                                                                                                                                                                      substantial interruption has the meaning given in section 57B

                                                                                                                                                                                                        taonga tūturu has the meaning given in section 2(1) of the Protected Objects Act 1975

                                                                                                                                                                                                          territorial authority has the meaning given in section 5(1) of the Local Government Act 2002

                                                                                                                                                                                                            territorial sea means the territorial sea of New Zealand as defined by section 3 of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977

                                                                                                                                                                                                              tikanga means Māori customary values and practices

                                                                                                                                                                                                                wāhi tapu and wāhi tapu area have the meanings given to the terms wahi tapu and wahi tapu area in section 6 of the Heritage New Zealand Pouhere Taonga Act 2014

                                                                                                                                                                                                                  warden means a person appointed under section 80.

                                                                                                                                                                                                                  1. In Schedule 1 and elsewhere as the context requires, effect has the meaning given in section 3 of the Resource Management Act 1991.

                                                                                                                                                                                                                  Notes
                                                                                                                                                                                                                  • Section 9(1) applicable period: inserted, on , by section 5 of the Marine and Coastal Area (Takutai Moana) (Customary Marine Title) Amendment Act 2025 (2025 No 58).
                                                                                                                                                                                                                  • Section 9(1) aquaculture activities: amended, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
                                                                                                                                                                                                                  • Section 9(1) CMT Amendment Act: inserted, on , by section 5 of the Marine and Coastal Area (Takutai Moana) (Customary Marine Title) Amendment Act 2025 (2025 No 58).
                                                                                                                                                                                                                  • Section 9(1) CMT amendments: inserted, on , by section 5 of the Marine and Coastal Area (Takutai Moana) (Customary Marine Title) Amendment Act 2025 (2025 No 58).
                                                                                                                                                                                                                  • Section 9(1) coastal permit: replaced, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
                                                                                                                                                                                                                  • Section 9(1) consent authority: amended, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
                                                                                                                                                                                                                  • Section 9(1) environment: amended, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
                                                                                                                                                                                                                  • Section 9(1) environmental limit: repealed, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
                                                                                                                                                                                                                  • Section 9(1) exclusive use and occupation: inserted, on , by section 5 of the Marine and Coastal Area (Takutai Moana) (Customary Marine Title) Amendment Act 2025 (2025 No 58).
                                                                                                                                                                                                                  • Section 9(1) High Court Rules: repealed, on , by section 183(c) of the Senior Courts Act 2016 (2016 No 48).
                                                                                                                                                                                                                  • Section 9(1) infrastructure: replaced, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
                                                                                                                                                                                                                  • Section 9(1) kaitiakitanga: amended, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
                                                                                                                                                                                                                  • Section 9(1) marine and coastal area paragraph (b): amended, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
                                                                                                                                                                                                                  • Section 9(1) Minister responsible for aquaculture: repealed, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
                                                                                                                                                                                                                  • Section 9(1) national planning framework: repealed, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
                                                                                                                                                                                                                  • Section 9(1) NBEA permission right: repealed, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
                                                                                                                                                                                                                  • Section 9(1) network utility operator: repealed, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
                                                                                                                                                                                                                  • Section 9(1) permitted activity: repealed, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
                                                                                                                                                                                                                  • Section 9(1) permitted activity notice: repealed, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
                                                                                                                                                                                                                  • Section 9(1) plan: amended, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
                                                                                                                                                                                                                  • Section 9(1) privilege paragraph (a): amended, on , by section 65 of the Crown Minerals Amendment Act 2013 (2013 No 14).
                                                                                                                                                                                                                  • Section 9(1) proposed plan: amended, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
                                                                                                                                                                                                                  • Section 9(1) public notice: amended, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
                                                                                                                                                                                                                  • Section 9(1) regional council: amended, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
                                                                                                                                                                                                                  • Section 9(1) regional planning committee: repealed, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
                                                                                                                                                                                                                  • Section 9(1) regional spatial strategy: repealed, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
                                                                                                                                                                                                                  • Section 9(1) Registrar: amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
                                                                                                                                                                                                                  • Section 9(1) resource consent: amended, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
                                                                                                                                                                                                                  • Section 9(1) RMA permission right: inserted, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
                                                                                                                                                                                                                  • Section 9(1) RMA permission right: repealed, on , by section 805(3) of the Natural and Built Environment Act 2023 (2023 No 46).
                                                                                                                                                                                                                  • Section 9(1) specified freehold land paragraph (c): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
                                                                                                                                                                                                                  • Section 9(1) structure paragraph (a): amended, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
                                                                                                                                                                                                                  • Section 9(1) substantial interruption: inserted, on , by section 5 of the Marine and Coastal Area (Takutai Moana) (Customary Marine Title) Amendment Act 2025 (2025 No 58).
                                                                                                                                                                                                                  • Section 9(1) target: repealed, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
                                                                                                                                                                                                                  • Section 9(1) te Oranga o te Taiao: repealed, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
                                                                                                                                                                                                                  • Section 9(1) wāhi tapu and wāhi tapu area: amended, on , by section 107 of the Heritage New Zealand Pouhere Taonga Act 2014 (2014 No 26).
                                                                                                                                                                                                                  • Section 9(2): amended, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).