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Marine and Coastal Area (Takutai Moana) Act 2011

Administrative and miscellaneous matters - Recognition agreements

95: Recognition agreements

You could also call this:

"Agreeing with the Government about Your Coastal Rights"

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

You can make an agreement with the Minister about your protected customary right or customary marine title. The Minister represents the Crown in this agreement. You must tell the Minister you want to make this agreement within 6 years of the Act starting. You must meet certain requirements for the agreement to happen. For a protected customary right, you must meet the requirements in section 51. For customary marine title, you must meet the requirements in section 58. The Crown does not have to make an agreement with you, it is their choice. They also do not have to negotiate with you, this is up to them. You need to show the Crown that you meet the requirements before they will make an agreement with you.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3213431.

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Topics:
Māori affairs > Māori landGovernment and voting > Government departments
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94: Recognition of protected customary rights and customary marine title, or

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Part 4Administrative and miscellaneous matters
Recognition agreements

95Recognition agreements

  1. An applicant group and the responsible Minister on behalf of the Crown may enter into an agreement recognising—

  2. a protected customary right:
    1. customary marine title.

      1. Subsection (1) does not apply unless the applicant group, not later than 6 years after the commencement of this Act, has given notice to the responsible Minister of its intention to seek an agreement recognising a protected customary right or customary marine title.

      2. Nothing requires the Crown to enter into the agreement, or to enter into negotiations for the agreement: in both cases this is at the discretion of the Crown.

      3. The Crown must not enter into an agreement unless the applicant group satisfies the Crown that,—

      4. in the case of a protected customary right, the requirements in section 51 are met; or
        1. in the case of customary marine title, the requirements in section 58 are met.