Marine and Coastal Area (Takutai Moana) Act 2011

Customary interests - Customary marine title - Protection purposes

75: Matters relevant to determining protection purposes

You could also call this:

"What to consider when deciding how to protect the ocean and coast"

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

When the Minister of Conservation or the Director-General makes a decision under section 74(2), they must think about what the customary marine title group thinks about the proposal. They must consider if the proposal reduces any bad effects on the group's interests. They must also think about if there are other options to achieve a protection purpose that is important to the country. They must consider if the area has a unique habitat or is important for a species. They must think about if the area is important for a conservation protected area or a marine reserve. They must also consider other similar matters. They are making this decision to determine protection purposes, and they must have all these things in mind. You can see how they make these decisions by looking at the rules they follow. The Minister of Conservation or the Director-General has to carefully consider all these factors.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3213395.

This page was last updated on 9 February 2026 — View changes

Topics:

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74: Priority of protection purposes, or

"Protecting the country comes first in our coastal areas"

76: Decisions on grant of marine mammal permits, or

"Deciding who can watch marine mammals in special areas"

Part 3Customary interests
Customary marine title: Protection purposes

75Matters relevant to determining protection purposes

In making a determination under section 74(2), the Minister of Conservation or the Director-General, as the case requires, must have regard to—
the views of the customary marine title group on the effects of the proposal on the interests of the group; and
whether the proposal minimises as far as practicable any adverse effects on the interests of the group; and
whether there are no practicable options for achieving a protection purpose that is of national importance, other than within the customary marine title area, because—
1. the protection relates to a unique or rare habitat, ecosystem, feature, or area of scientific value; or
2. the area is nationally important for the conservation of a species; or
3. protection of the area is essential for the viability, integrity, or effective management of a nationally important—
  1. conservation protected area:
  2. marine reserve:
  3. network of such protected areas; or
4. the protection relates to a habitat, ecosystem, or species that occurs at a number of sites where it is not practicable to achieve the protection purposes; and
any other matter similar in nature to the matters set out in paragraphs (a) to (c).