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Marine and Coastal Area (Takutai Moana) Act 2011

Customary interests - Customary marine title - Wāhi tapu protection right

79: Wāhi tapu conditions

You could also call this:

"Rules to protect special Māori sites"

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

When a wāhi tapu is protected, certain conditions must be included in the order or agreement. You need to know the location of the wāhi tapu and its boundaries. The conditions also include what is prohibited or restricted, and why. The conditions can affect fishing rights, but they cannot stop people from taking their allowed catch in a quota management area. They do not affect the way a customary marine title group looks after a wāhi tapu in their area. A group can ask to change or cancel a wāhi tapu condition by applying to vary a recognition order under section 111 or by varying an agreement. In this context, fisheries legislation refers to the Fisheries Act 1983 and the Fisheries Act 1996, as well as the regulations made under these Acts. You should understand that wāhi tapu conditions can be changed or removed. A customary marine title group can look after a wāhi tapu in their area without the conditions affecting them.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3213402.

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Topics:
Māori affairs > Māori landEnvironment and resources > Conservation
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78: Protection of wāhi tapu and wāhi tapu areas, or

"Safeguarding Special Māori Sites"

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

79Wāhi tapu conditions

  1. The wāhi tapu conditions that must be set out in a customary marine title order or an agreement are—

  2. the location of the boundaries of the wāhi tapu or wāhi tapu area that is the subject of the order; and
    1. the prohibitions or restrictions that are to apply, and the reasons for them; and
      1. any exemption for specified individuals to carry out a protected customary right in relation to, or in the vicinity of, the protected wāhi tapu or wāhi tapu area, and any conditions applying to the exercise of the exemption.

        1. Wāhi tapu conditions—

        2. may affect the exercise of fishing rights, but must not do so to the extent that the conditions prevent fishers from taking their lawful entitlement in a quota management area or fisheries management area; and
          1. do not affect the exercise of kaitiakitanga by a customary marine title group in relation to a wāhi tapu or wāhi tapu area in the customary marine title area of that group.

            1. A customary marine title group may seek to vary or revoke a wāhi tapu condition by applying to—

            2. vary a recognition order under section 111; or
              1. vary an agreement.

                1. In this section, fisheries legislation means—

                2. the Fisheries Act 1983; and
                  1. the Fisheries Act 1996; and
                    1. regulations made under those Acts.