Marine and Coastal Area (Takutai Moana) Act 2011

Administrative and miscellaneous matters - Recognition by order of Court

98: Court may recognise protected customary right or customary marine title

You could also call this:

"The Court can approve your customary rights to the coast or sea if you meet the requirements."

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

You can go to the Court to get a protected customary right or customary marine title recognised. The Court can make an order to recognise this if you meet certain requirements, such as those in section 51(1) for protected customary rights or section 58 for customary marine title. Only the Court has the power to make this kind of order. You need to apply to the Court to get a recognition order. The Court's power to make these orders replaces any other way you might have had to make a claim about aboriginal rights. An aboriginal rights claim is a claim about the common marine and coastal area that is based on customary rights or title. The Court's power to make recognition orders does not limit section 10 of the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992. The fact that only the Court can make recognition orders does not limit section 112. You can still make other types of claims to the Court.

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

Topics:

Māori affairs > Treaty of WaitangiMāori affairs > Māori landEnvironment and resources > ConservationEnvironment and resources > Farming and fishing

97: Notification of agreement recognising protected customary rights, or

"Notifying people about agreements on special Māori rights"

99: Court may refer to Māori Appellate Court or pūkenga for opinion or advice on tikanga, or

"Asking for help to understand Māori customs and traditions in court"

Part 4Administrative and miscellaneous matters
Recognition by order of Court

98Court may recognise protected customary right or customary marine title

The Court may make an order recognising a protected customary right or customary marine title (a recognition order).
The Court may only make an order if it is satisfied that the applicant,—
in the case of an application for recognition of a protected customary right, meets the requirements of section 51(1); or
in the case of an application for recognition of customary marine title, meets the requirements of section 58.

No other court has jurisdiction to make a recognition order.
On and after the commencement of this Act, the jurisdiction of the Court to hear and determine any aboriginal rights claim is replaced fully by the jurisdiction of the Court under this Act.
In subsection (4), aboriginal rights claim means any claim in respect of the common marine and coastal area that is based on, or relies on, customary rights, customary title, aboriginal rights, aboriginal title, the fiduciary duty of the Crown, or any rights, titles, or duties of a similar nature, whether arising before, on, or after the commencement of this Act and whether or not the claim is based on, or relies on, any 1 or more of the following:
a rule, principle, or practice of the common law or equity:
the Treaty of Waitangi:
the existence of a trust:
an obligation of any kind.

Nothing in this section limits section 10 of the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992.
Subsection (3) does not limit section 112.