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Marine and Coastal Area (Takutai Moana) Act 2011

Customary interests - Protected customary rights - Controls

56: Controls on exercise of protected customary rights

You could also call this:

"Rules to protect the environment when using coastal areas in traditional ways"

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

You have protected customary rights to use the coastal area in certain ways. The Minister of Conservation can impose controls on these rights if they harm the environment. The Minister can add terms, conditions, or restrictions to the rights. You can ask the Minister to impose controls on someone's protected customary rights. You need to give reasons for your request. The Minister will consider your application and decide what to do. The Minister must tell the protected customary rights group, local authorities, and you if they think controls might be needed. The Minister will explain why they made this decision. If the Minister does not think controls are needed, they will tell you and give you reasons. The Minister follows certain rules when deciding if the environment is harmed. These rules are in Part 2 of Schedule 1. The Minister uses these rules to decide if controls are needed.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3213368.

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Topics:
Environment and resources > ConservationMāori affairs > Māori land
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Part 3Customary interests
Protected customary rights: Controls

56Controls on exercise of protected customary rights

  1. If, at any time, the Minister of Conservation determines that the exercise of protected customary rights under a protected customary rights order or agreement has, or is likely to have, a significant adverse effect on the environment, the Minister may impose controls, including any terms, conditions, or restrictions that the Minister thinks fit, on the exercise of the rights.

  2. Any person may apply to the Minister of Conservation for controls to be imposed on the exercise of a protected customary right, stating the reasons for the application.

  3. If the Minister is satisfied that the application raises reasonable concerns that the exercise of a protected customary right has, or is likely to have, a significant adverse effect on the environment, the Minister must serve the notice, stating his or her intention to consider imposing controls, on—

  4. the protected customary rights group; and
    1. the local authorities that have statutory functions in the area where the protected customary right applies; and
      1. the person applying for controls to be imposed.

        1. If the Minister is not satisfied that an application under subsection (2) raises reasonable concerns that the exercise of a protected customary right has, or is likely to have, a significant adverse effect on the environment, the Minister must advise the applicant accordingly, giving reasons for that decision.

        2. Part 2 of Schedule 1 applies to making a determination as to whether there is, or is likely to be, a significant adverse effect on the environment, for the purpose of imposing controls under this section.