Marine and Coastal Area (Takutai Moana) Act 2011

Customary interests - Customary marine title - Wāhi tapu protection right

78: Protection of wāhi tapu and wāhi tapu areas

You could also call this:

"Safeguarding Special Māori Sites"

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

You can help protect special Māori sites called wāhi tapu and wāhi tapu areas. A group with a customary marine title can ask for these sites to be protected in a special order or agreement. They need to show their connection to the site and that they need to limit access to protect it. You need evidence to prove the group's connection to the wāhi tapu or area, following Māori customs and traditions, called tikanga. The group must also show that they need to restrict access to the site to keep it safe. If a customary marine title is granted under certain parts of the law, the order or agreement must include conditions for protecting the wāhi tapu, as outlined in section 79. If a group gets a customary marine title under subpart 1 or 2 of Part 4, they must include wāhi tapu conditions in their order or agreement. This helps keep the wāhi tapu and wāhi tapu areas safe. The conditions are set out in section 79.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3213401.

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

Topics:

Māori affairs > Māori landEnvironment and resources > Conservation

77: Consultation, or

"The Minister must talk to and consider the views of certain groups when making coastal policy decisions."

79: Wāhi tapu conditions, or

"Rules to protect special Māori sites"

Part 3Customary interests
Customary marine title: Wāhi tapu protection right

78Protection of wāhi tapu and wāhi tapu areas

A customary marine title group may seek to include recognition of a wāhi tapu or a wāhi tapu area—
in a customary marine title order; or
in an agreement.

A wāhi tapu protection right may be recognised if there is evidence to establish—
the connection of the group with the wāhi tapu or wāhi tapu area in accordance with tikanga; and
that the group requires the proposed prohibitions or restrictions on access to protect the wāhi tapu or wāhi tapu area.

If a customary marine title is recognised under subpart 1 or 2 of Part 4, the customary marine title order or agreement must set out the wāhi tapu conditions that apply, as provided for in section 79.