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Marine and Coastal Area (Takutai Moana) Act 2011

Customary interests - Protected customary rights

51: Meaning of protected customary rights

You could also call this:

"What are protected customary rights in our coastal areas?"

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

You have a protected customary right if you have been doing something in a certain area since 1840. You are still doing it in that area, following tikanga, and it has not been stopped by law. This right is about activities you do in a particular part of the common marine and coastal area. You do not have a protected customary right if you are doing something regulated under the Fisheries Act 1996. This also includes commercial aquaculture activities, as defined in section 4 of the Maori Commercial Aquaculture Claims Settlement Act 2004. It does not include activities like commercial or non-commercial Māori fishing rights. Some activities are not protected customary rights, such as those involving wildlife under the Wildlife Act 1953 or marine mammals under the Marine Mammals Protection Act 1978. You do not need to own the land next to the area to have protected customary rights. Tikanga refers to the customs and traditions of the Māori people.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3213360.

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Topics:
Māori affairs > Māori landEnvironment and resources > ConservationRights and equality > Anti-discrimination
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50: Stranded marine mammals, or

"What happens when marine animals like whales or dolphins get stuck on the beach or in the water"

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52: Scope and effect of protected customary rights, or

"What protected customary rights mean for the coast and sea"

Part 3Customary interests
Protected customary rights

51Meaning of protected customary rights

  1. A protected customary right is a right that—

  2. has been exercised since 1840; and
    1. continues to be exercised in a particular part of the common marine and coastal area in accordance with tikanga by the applicant group, whether it continues to be exercised in exactly the same or a similar way, or evolves over time; and
      1. has not been extinguished as a matter of law.

        1. A protected customary right does not include an activity—

        2. that is regulated under the Fisheries Act 1996; or
          1. that is a commercial aquaculture activity (within the meaning of section 4 of the Maori Commercial Aquaculture Claims Settlement Act 2004); or
            1. that involves the exercise of—
              1. any commercial Māori fishing right or interest, being a right or interest declared by section 9 of the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992 to be settled; or
                1. any non-commercial Māori fishing right or interest, being a right or interest subject to the declarations in section 10 of the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992; or
                2. that relates to—
                  1. wildlife within the meaning of the Wildlife Act 1953, or any animals specified in Schedule 6 of that Act:
                    1. marine mammals within the meaning of the Marine Mammals Protection Act 1978; or
                    2. that is based on a spiritual or cultural association, unless that association is manifested by the relevant group in a physical activity or use related to a natural or physical resource (within the meaning of section 2(1) of the Resource Management Act 1991).

                      1. An applicant group does not need to have an interest in land in or abutting the specified part of the common marine and coastal area in order to establish protected customary rights.

                      Notes
                      • Section 51(1)(c): amended, on , by section 7 of the Marine and Coastal Area (Takutai Moana) (Customary Marine Title) Amendment Act 2025 (2025 No 58).
                      • Section 51(2)(e): 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).