Plain language law

New Zealand law explained for everyone

Marine and Coastal Area (Takutai Moana) Act 2011

Customary interests - Customary marine title - Conservation permission right

71: Scope and effect of conservation permission right

You could also call this:

"What a conservation permission right means for your marine area"

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

You have a conservation permission right if you are part of a customary marine title group. This right lets you decide whether to give or decline permission for the Minister of Conservation or the Director-General to consider an application for a conservation activity. You can give or decline permission for any reason. You can only use this right for applications made on or after a certain date. The conservation activities that need your permission are those that happen in your customary marine title area. This includes things like declaring or extending a marine reserve under section 5 of the Marine Reserves Act 1971. If you give permission, you cannot take it back. Your permission does not limit the Minister of Conservation or Director-General's ability to make decisions. They can still decline an application or impose conditions, even if you give permission. Your permission also does not affect the things talked about in sections 74 and 75. None of these rules apply to certain activities that are already allowed. These activities are not affected by your conservation permission right or the rules in sections 72 or 73.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3213390.

This page was last updated on — View changes

Topics:
Environment and resources > ConservationMāori affairs > Māori land
Previous

70: Environment Court may make enforcement orders, or

"The Environment Court can stop people breaking the law and make them fix any damage they cause."

Next

72: Obligation to refer proposals for conservation activity if conservation permission right applies, or

"Get permission from a customary marine title group before doing conservation work"

Part 3Customary interests
Customary marine title: Conservation permission right

71Scope and effect of conservation permission right

  1. A conservation permission right enables a customary marine title group to give or decline permission, on any grounds, for the Minister of Conservation or the Director-General, as the case requires, to proceed to consider an application or proposal for a conservation activity specified in subsection (3).

  2. A conservation permission right applies only in the case of an application or proposal made on or after the effective date.

  3. The conservation activities to which a conservation permission right applies are activities wholly or partly within the relevant customary marine title area and for which—

  4. an application is made under section 5 of the Marine Reserves Act 1971 to declare or extend a marine reserve:
    1. a proposal is made under the enactments relevant to a conservation protected area to declare or extend a conservation protected area:
      1. an application for a concession is made.

        1. Permission given by a customary marine title group cannot be revoked.

        2. A conservation permission right, or permission given under such a right, does not limit—

        3. the discretion of the Minister of Conservation or Director-General, as the case may require,—
          1. to decline an application or a proposal; or
            1. to impose conditions, including conditions not sought by the customary marine title group, or more stringent conditions than those it may have sought; or
            2. the matters provided for in sections 74 and 75.

              1. Nothing in this section or sections 72 or 73 applies to an accommodated activity.