52Scope and effect of protected customary rights

1. A protected customary right may be exercised under a protected customary rights order or an agreement without a resource consent, despite any prohibition, restriction, or imposition that would otherwise apply in or under sections 12 to 17 of the Resource Management Act 1991.

2. In exercising a protected customary right, a protected customary rights group is not liable for—

3. the payment of coastal occupation charges imposed under section 64A of the Resource Management Act 1991; or
4. the payment of royalties for sand and shingle imposed by regulations made under the Resource Management Act 1991.

5. However, subsections (1) and (2) apply only if a protected customary right is exercised in accordance with—

6. tikanga; and
7. the requirements of this subpart; and
8. a protected customary rights order or an agreement that applies to the customary rights group; and
9. any controls imposed by the Minister of Conservation under section 57.

10. A protected customary rights group may do any of the following:

11. delegate or transfer the rights conferred by a protected customary rights order or an agreement in accordance with tikanga:
12. derive a commercial benefit from exercising its protected customary rights, except in relation to the exercise of—
    1. a non-commercial aquaculture activity; or
    2. a non-commercial fishery activity that is not a right or interest subject to the declarations in section 10 of the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992:
13. determine who may carry out any particular activity, use, or practice in reliance on a protected customary rights order or agreement:
14. limit or suspend, in whole or in part, the exercise of a protected customary right.