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Marine and Coastal Area (Takutai Moana) Act 2011

Customary interests - Customary marine title - Ngā taonga tūturu

82: Newly found taonga tūturu

You could also call this:

"What happens when you find a special Māori treasure in the ocean"

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

If you find a taonga tūturu in a customary marine title area, it is likely to belong to the group that has a customary marine title order for that area. You have a duty to tell someone about your find within 28 days, as stated in section 11(3) of the Protected Objects Act 1975. The chief executive will then decide what to do with the taonga tūturu. If you find a taonga tūturu, the group with the customary marine title order may get to look after it for a while. The chief executive will put out a public notice and people will have six months to say if they think the taonga tūturu belongs to them. If no one says it belongs to them, the group with the customary marine title order will become the owner. If someone does say the taonga tūturu belongs to them, the group with the customary marine title order will also have a say in who owns it. The ownership will be decided according to sections 11(6) and (7) and 12 of the Protected Objects Act 1975. The rules about finding taonga tūturu are explained in section 11(8) and (9) of the Protected Objects Act 1975. The group that has a customary marine title order for the area where the taonga tūturu is found is called the relevant customary marine title group. This group has certain rights and responsibilities when it comes to taonga tūturu found in their area. You can find more information about this in the Marine and Coastal Area (Takutai Moana) Act 2011.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3213407.

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Topics:
Māori affairs > Māori landEnvironment and resources > Conservation
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Part 3Customary interests
Customary marine title: Ngā taonga tūturu

82Newly found taonga tūturu

  1. Any taonga tūturu found in a customary marine title area on or after the effective date is prima facie the property of the relevant customary marine title group.

  2. Accordingly, section 11(1) of the Protected Objects Act 1975 does not apply to taonga tūturu to which subsection (1) applies.

  3. Any person finding a taonga tūturu in a customary marine title area has a duty to notify the finding within 28 days, in accordance with section 11(3) of the Protected Objects Act 1975.

  4. The obligations of the chief executive under section 11(4) of the Protected Objects Act 1975 apply, but with the following modifications:

  5. the relevant customary marine title group is entitled to have interim custody of the taonga tūturu, at the discretion of the chief executive and subject to any conditions that the chief executive considers fit; and
    1. the public notice given by the chief executive must provide for a period of 6 months from the date of the notice for any claims of ownership to the taonga tūturu to be lodged.

      1. To avoid doubt, the discretion conferred on the chief executive or other person by section 11(2) of the Protected Objects Act 1975 to apply to the Māori Land Court also applies under this section.

      2. If no competing claims have been lodged with the chief executive after 6 months from the date of the notice given under subsection (4)(b), the relevant customary marine title group becomes the owner of the taonga tūturu.

      3. If competing claims are lodged in respect of the taonga tūturu within the specified time,—

      4. the relevant customary marine title group must be treated as having also lodged a claim for the ownership of the taonga tūturu; and
        1. the ownership of the taonga tūturu must be determined in accordance with sections 11(6) and (7) and 12 of the Protected Objects Act 1975.

          1. Section 11(8) and (9) of the Protected Objects Act 1975 apply to the finding of taonga tūturu to which this section applies.

          2. In this section, relevant customary marine title group means the group that holds a customary marine title order or has entered into an agreement in relation to the part of the common marine and coastal area where the taonga tūturu is found.