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Marine and Coastal Area (Takutai Moana) Act 2011

Customary interests - Customary marine title - Obligations arising in respect of customary marine title planning documents

91: Obligation on Minister of Fisheries

You could also call this:

"The Minister of Fisheries must consider a group's planning document when making fishing decisions"

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

You need to know what happens when a customary marine title group gives a planning document to the Minister of Fisheries. The Minister must think about the planning document when making decisions about fisheries management under section 11(1) of the Fisheries Act 1996. This applies if the decisions affect an area that is fully or partly in the group's customary marine title area. You should understand that this rule does not give the group new rights or let them include extra things in their planning document. It only applies to things in the planning document that are allowed by the Resource Management Act 1991 and are relevant to fisheries management. The Minister must consider these things when making decisions.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3213422.

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Topics:
Environment and resources > Farming and fishingMāori affairs > Māori land
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90: Obligation on Director-General, or

"The Director-General must consider a group's planning document when changing conservation plans."

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91A: Obligations on Minister of Aquaculture, or

"The Minister of Aquaculture must consider planning documents from customary marine title groups."

Part 3Customary interests
Customary marine title: Obligations arising in respect of customary marine title planning documents

91Obligation on Minister of Fisheries

  1. If a customary marine title group lodges a planning document with the Minister of Fisheries, the Minister must, on and after the date that the planning document is registered, have regard to the planning document to the extent that it is relevant to fisheries management when setting or varying sustainability measures under section 11(1) of the Fisheries Act 1996 if these measures apply to an area that includes, wholly or in part, the customary marine title area of the group.

  2. This section—

  3. does not extend the scope of the rights conferred by section 85 or 86 or give a customary marine title group the right to include fisheries or other matters in a planning document; and
    1. relates only to matters—
      1. included in a planning document that are provided for by the Resource Management Act 1991; and
        1. that are relevant to fisheries management.