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Marine and Coastal Area (Takutai Moana) Act 2011

Customary interests - Customary marine title - RMA permission right

68: Effect of RMA permission right

You could also call this:

"Getting permission from a customary marine title group to do an activity in their area"

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

You have a resource consent for an activity in a customary marine title area. You must get permission from the relevant customary marine title group under section 66(2) before you start the activity. The permission must cover the activity you have a resource consent for. You cannot appeal a decision made by a customary marine title group to give or decline permission for an activity. You also cannot object to this decision under section 357 or 357A of the Resource Management Act 1991. This means you have to accept the decision made by the customary marine title group.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3213386.

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Topics:
Environment and resources > ConservationEnvironment and resources > Town planningMāori affairs > Māori land
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67: Procedural matters relevant to exercise of RMA permission right, or

"Asking for permission to do something in the ocean or coastline"

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69: Offence and penalty provision, or

"Breaking the rules in a customary title area can lead to punishment, like fines or imprisonment."

Part 3Customary interests
Customary marine title: RMA permission right

68Effect of RMA permission right

  1. The holder of a resource consent for an activity in a customary marine title area to which an RMA permission right applies must not commence the activity to which the consent applies unless—

  2. permission has been given by the relevant customary marine title group under section 66(2) for that activity; and
    1. the permission covers the activity to which the resource consent applies.

      1. To avoid doubt, a decision of a customary marine title group to give or to decline permission for an activity is not subject to—

      2. a right of appeal; or
        1. a right of objection under section 357 or 357A of the Resource Management Act 1991.

          Notes
          • Section 68 heading: 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 68(1): 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).
          • Section 68(2)(b): 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).