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Marine and Coastal Area (Takutai Moana) Act 2011

Customary interests - Customary marine title - Marine mammal watching permits

76: Decisions on grant of marine mammal permits

You could also call this:

"Deciding who can watch marine mammals in special areas"

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

When you apply to watch marine mammals in a special area, the Director-General must tell the group that looks after that area about your application. They must give the group a copy of your application and some information so they can give their views. The group has 40 working days to give their views. The Director-General must think about the group's views if they give them on time. But the Director-General can still say yes or no to your application based on the Marine Mammals Protection Regulations 1992. They can also add conditions to your permit if they want to. The notice to the group must include your application and enough information for them to give their views.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3213397.

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Part 3Customary interests
Customary marine title: Marine mammal watching permits

76Decisions on grant of marine mammal permits

  1. Before the Director-General determines an application under the Marine Mammals Protection Regulations 1992 to watch marine mammals within a customary marine title area, the Director-General must—

  2. give written notice to the customary marine title group relevant to that area—
    1. of the proposed permit; and
      1. that the Director-General seeks its views (which must be given within 40 working days of that notice being received); and
      2. recognise and provide for the views of the group on the proposed permit, if they are provided within the specified time.

        1. The obligation under subsection (1)(b) does not limit the discretion of the Director-General to—

        2. approve or decline an application on the grounds set out in the Marine Mammals Protection Regulations 1992; or
          1. impose any conditions on a permit that the Director-General thinks fit.

            1. The notice must include a copy of the proposed permit and sufficient information to enable the customary marine title group to provide its views on the application.