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Marine and Coastal Area (Takutai Moana) Act 2011

Customary interests - Customary marine title - Conservation permission right

73: Obligations when conservation permission right is exercised

You could also call this:

"What to do when deciding on a conservation permission"

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

When you exercise your conservation permission right, you must make a decision within 40 working days. You decide whether to give or decline permission for the Minister of Conservation or Director-General to proceed with an application or proposal. You must give written notice of your decision to the Minister of Conservation or Director-General. If you do not give written notice of your decision within 40 working days, you are treated as having given permission. You do not have to follow certain rules listed in section 71(3) when making your decision. There is no right to appeal against your decision when you exercise your conservation permission right, as stated in section 72. You must follow these rules when you receive an application or proposal for your consideration. Your decision is important and must be made in a timely manner. You should be aware of the rules and follow them carefully.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3213392.

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Topics:
Environment and resources > ConservationGovernment and voting > Government departments
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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"

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"Protecting the country comes first in our coastal areas"

Part 3Customary interests
Customary marine title: Conservation permission right

73Obligations when conservation permission right is exercised

  1. A customary marine title group must, not later than 40 working days after it receives an application or a proposal for its consideration under section 72,—

  2. decide whether to give or decline permission for the Minister of Conservation or Director-General, as the case requires, to proceed to determine the application or proposal; and
    1. give written notice of that decision to the Minister of Conservation or Director-General, as the case requires.

      1. The group is to be treated as having given permission if advice of its decision under subsection (1)(a) is not received under subsection (1)(b) within the stated time.

      2. To avoid doubt,—

      3. the group is not obliged to comply with any obligations arising under the enactments listed in section 71(3); and
        1. there is no right of appeal against the decision of a customary marine title group in the exercise of its conservation permission right.