Marine and Coastal Area (Takutai Moana) Act 2011

Customary interests - Customary marine title - Wāhi tapu protection right

81: Compliance

You could also call this:

"Following rules to protect special wāhi tapu areas"

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

You need to follow rules to protect wāhi tapu areas. A local authority must work with the relevant group to encourage people to comply with wāhi tapu conditions. If you break these conditions, you can be fined up to $5,000. You might not be fined if you are doing something in an emergency, as defined in section 63, or if you have an exemption under section 79(1)‎(c). The Heritage New Zealand Pouhere Taonga Act 2014 also applies to wāhi tapu areas with a heritage covenant under section 39 of that Act. If you intentionally fail to comply with a prohibition or restriction, you commit an offence.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3213405.

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

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

81Compliance

A local authority that has statutory functions in the location of a wāhi tapu or wāhi tapu area that is subject to a wāhi tapu protection right must, in consultation with the relevant customary marine title group, take any appropriate action that is reasonably necessary to encourage public compliance with any wāhi tapu conditions.
Every person commits an offence who intentionally fails to comply with a prohibition or restriction notified for that wāhi tapu or wāhi tapu area, and is liable on conviction to a fine not exceeding $5,000.
Despite subsection (2), the offence provisions of the Heritage New Zealand Pouhere Taonga Act 2014 apply if a wāhi tapu or wāhi tapu area subject to a wāhi tapu protection right is protected by a heritage covenant under section 39 of that Act.
To avoid doubt, it is not an offence for a person to do anything that is inconsistent with the prohibition or restriction included in the wāhi tapu conditions if—
the person is carrying out an emergency activity (within the meaning of section 63); or
the person has an exemption notified under section 79(1)(c).

Notes

Section 81(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
Section 81(3): replaced, on 20 May 2014, by section 107 of the Heritage New Zealand Pouhere Taonga Act 2014 (2014 No 26).