Marine and Coastal Area (Takutai Moana) Act 2011

Customary interests - Protected customary rights

53: Delegations and transfers of protected customary rights

You could also call this:

"Passing on protected customary rights to others"

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

You can delegate or transfer protected customary rights to someone named in a protected customary rights order or agreement. This person must be identified as someone who can receive a delegated or transferred right under section 52(4) of the Marine and Coastal Area (Takutai Moana) Act 2011, which you can find at section 52(4). You must follow the rules for delegating or transferring these rights. You must notify certain people or groups, as listed in section 110(2)(b), when a protected customary right is delegated or transferred. The delegation or transfer must also be registered as set out in section 114. This is an important step in the process. The delegation or transfer is not official until the protected customary rights order is changed according to section 111, or the agreement is changed. This means you have to wait until the order or agreement is updated before the delegation or transfer takes effect. You should be aware of these requirements when dealing with protected customary rights.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3213364.

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52: Scope and effect of protected customary rights, or

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54: Limitations on exercise of protected customary rights, or

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Part 3Customary interests
Protected customary rights

53Delegations and transfers of protected customary rights

  1. A delegation or transfer may only be made under section 52(4) to a person identified in a protected customary rights order or an agreement as a person to whom a right may be delegated or transferred.

  2. A delegation or transfer of a protected customary right must be—

  3. notified to each of the persons or bodies referred to in section 110(2)(b); and
    1. registered in accordance with section 114.
      1. A delegation or transfer does not take effect until,—

      2. in the case of a protected customary rights order, the order is varied in accordance with section 111; and
        1. in the case of an agreement, the agreement is varied.