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Marine and Coastal Area (Takutai Moana) Act 2011

Customary interests - Customary marine title - Rights under customary marine title

60: Scope and effect of customary marine title

You could also call this:

"What having a customary marine title means and what you can do with it"

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

You have an interest in land if you have a customary marine title. This title does not let you sell or get rid of any part of the area. It only lets you exercise certain rights listed in section 62 and described in sections 66 to 93. You can use and develop a customary marine title area for commercial benefit. However, you still need to get resource consents, permits, or approvals required by other laws. You do not have to pay coastal occupation charges imposed under section 64A of the Resource Management Act 1991 or royalties for sand and shingle. You can delegate or transfer your customary marine title rights according to tikanga. This means you can pass on your rights to others or give them to someone else to manage. You can do this as long as you follow tikanga, which are the Māori customs and practices.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3213378.

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Topics:
Māori affairs > Māori landEnvironment and resources > ConservationEnvironment and resources > Town planningHousing and property > Land use
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61: Delegation and transfer, or

"Passing on your marine title rights to others in your iwi or hapū"

Part 3Customary interests
Customary marine title: Rights under customary marine title

60Scope and effect of customary marine title

  1. Customary marine title—

  2. provides an interest in land, but does not include a right to alienate or otherwise dispose of any part of a customary marine title area; and
    1. provides only for the exercise of the rights listed in section 62 and described in sections 66 to 93; and
      1. has effect on and from the effective date.

        1. A customary marine title group—

        2. may use, benefit from, or develop a customary marine title area (including derive commercial benefit) by exercising the rights conferred by a customary marine title order or agreement, but is not exempt from obtaining any relevant resource consent, permit, or approval that may be required under another enactment for the use and development of that customary marine title area; and
          1. is not liable for payment, in relation to the customary marine title area, of—
            1. coastal occupation charges imposed under section 64A of the Resource Management Act 1991; or
              1. royalties for sand and shingle imposed by regulations made under the Resource Management Act 1991.

              2. A customary marine title group may—

              3. delegate the rights conferred by a customary marine title order or an agreement in accordance with tikanga; or
                1. transfer a customary marine title order or an agreement in accordance with tikanga.

                  Notes
                  • Section 60(2)(b)(i): 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 60(2)(b)(ii): 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).