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Marine and Coastal Area (Takutai Moana) Act 2011

Customary interests - Customary marine title - Conservation permission right

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

You could also call this:

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

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

You need to get permission from a customary marine title group if you want to do a conservation activity. The Minister of Conservation or Director-General must send your proposal to the group for them to consider. They must wait for the group's written permission before looking at your proposal. If you are applying to do something in a marine reserve, the Director-General must tell the group about any boundary markers, signs, or management that might happen in the reserve, as stated in the Marine Reserves Act 1971. The group's permission is needed before anything can be approved. Their permission will cover things like boundary markers and signs. If the group gives you permission under section 71, it means they are also okay with boundary markers, signs, and management activities that they were told about. You must follow the rules and get permission from the group before doing any conservation activity. The Minister or Director-General will not approve your proposal without the group's permission.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3213391.

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Topics:
Environment and resources > ConservationMāori affairs > Māori land
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71: Scope and effect of conservation permission right, or

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

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73: Obligations when conservation permission right is exercised, or

"What to do when deciding on a conservation permission"

Part 3Customary interests
Customary marine title: Conservation permission right

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

  1. The Minister of Conservation or Director-General, as the case requires,—

  2. must refer an application or a proposal for a conservation activity to the relevant customary marine title group for its consideration, unless the person making the proposal has already sought permission from the customary marine title group; and
    1. must not proceed to consider the application or proposal until the written permission of the group for the proposed activity is received by the Minister or Director-General; and
      1. must not approve an application or a proposal except to the extent that any permission given by the customary marine title group covers the application or proposal.

        1. In referring an application in respect of a marine reserve under subsection (1), the Director-General must include information on—

        2. any boundary markers that may be placed in the reserve under section 22 of the Marine Reserves Act 1971; and
          1. any signs that may be erected, or any management that may be carried out, in the reserve under that Act.

            1. Permission given under section 71 is to be treated as including permission for the placement of boundary markers, signs, and management activities disclosed to the customary marine title group under subsection (2).