Marine and Coastal Area (Takutai Moana) Act 2011

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

62: Rights conferred by customary marine title

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"What rights do you have in a special coastal area with a customary marine title?"

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

You have rights under a customary marine title order or agreement. These rights include a Resource Management Act 1991 permission right, which is explained in the Resource Management Act 1991. You also have a conservation permission right. You have the right to protect wāhi tapu and wāhi tapu areas, as explained in sections 78 to 81. You have rights related to marine mammal watching permits, which are explained in section 76. You have rights related to the process for preparing a New Zealand coastal policy statement, which is explained in section 77. You have the prima facie ownership of newly found taonga tūturu, which is explained in section 82. You own minerals, except for some types of minerals, which are explained in the Crown Minerals Act 1991 and the Ngai Tahu (Pounamu Vesting) Act 1997. You have the right to create a planning document, which is explained in sections 85 to 93. If you want to do something in an area with a customary marine title, you must tell the group that holds the title and ask for their views. You must do this before you can lodge an application related to a right under the title. If someone applies for a resource consent in an area without a customary marine title, but an applicant group has applied for recognition of customary marine title, the application is handled differently.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3213379.

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61: Delegation and transfer, or

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


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62A: Information requirements for applicants for resource consents, or

"Telling groups about your coastal project plans"

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

62Rights conferred by customary marine title

  1. The following rights are conferred by, and may be exercised under, a customary marine title order or an agreement on and from the effective date:

  2. a Resource Management Act 1991 (RMA) permission right (see sections 66 to 70); and
    1. a conservation permission right (see sections 71 to 75); and
      1. a right to protect wāhi tapu and wāhi tapu areas (see sections 78 to 81); and
        1. rights in relation to—
          1. marine mammal watching permits (see section 76); and
            1. the process for preparing, issuing, changing, reviewing, or revoking a New Zealand coastal policy statement (see section 77); and
            2. the prima facie ownership of newly found taonga tūturu (see section 82); and
              1. the ownership of minerals other than—
                1. minerals within the meaning of section 10 of the Crown Minerals Act 1991; or
                  1. pounamu to which section 3 of the Ngai Tahu (Pounamu Vesting) Act 1997 applies (see section 83); and
                  2. the right to create a planning document (see sections 85 to 93).
                    1. Subsection (3) applies if a person applies for a resource consent, a permit, or an approval in relation to a part of the common marine and coastal area in respect of which—

                    2. no customary marine title order or agreement applies; but
                      1. either—
                        1. an applicant group has applied to the Court under section 100 for recognition of customary marine title and notice has been given in accordance with section 103; or
                          1. an applicant group has applied to enter negotiations under section 95.
                          2. Before a person may lodge an application that relates to a right conferred by a customary marine title order or agreement, that person must—

                          3. notify the applicant group about the application; and
                            1. seek the views of the group on the application.
                              Notes
                              • Section 62(1)(a): replaced, 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).