Part 3Customary interests
Customary marine title: Rights under customary marine title
62Rights conferred by customary marine title
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:
- a Resource Management Act 1991 (RMA) permission right (see sections 66 to 70); and
- a conservation permission right (see sections 71 to 75); and
- a right to protect wāhi tapu and wāhi tapu areas (see sections 78 to 81); and
- rights in relation to—
- marine mammal watching permits (see section 76); and
- the process for preparing, issuing, changing, reviewing, or revoking a New Zealand coastal policy statement (see section 77); and
- marine mammal watching permits (see section 76); and
- the prima facie ownership of newly found taonga tūturu (see section 82); and
- the ownership of minerals other than—
- minerals within the meaning of section 10 of the Crown Minerals Act 1991; or
- pounamu to which section 3 of the Ngai Tahu (Pounamu Vesting) Act 1997 applies (see section 83); and
- minerals within the meaning of section 10 of the Crown Minerals Act 1991; or
- the right to create a planning document (see sections 85 to 93).
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—
- no customary marine title order or agreement applies; but
- either—
- 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
- an applicant group has applied to enter negotiations under section 95.
- 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
Before a person may lodge an application that relates to a right conferred by a customary marine title order or agreement, that person must—
- notify the applicant group about the application; and
- 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).


