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Marine and Coastal Area (Takutai Moana) Act 2011

Administrative and miscellaneous matters - Regulations and miscellaneous matters - Transitional arrangements

125: Pending proceedings under Foreshore and Seabed Act 2004

You could also call this:

"What happens to old beach and sea claims when this law starts"

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

When this Act starts, you will see some changes to applications made under the Foreshore and Seabed Act 2004. If you made an application to the Māori Land Court for customary rights orders under the Foreshore and Seabed Act 2004, it will be moved to the High Court. The High Court will then treat your application as if it was made under this new Act for orders recognising protected customary rights. You can find more information about the Foreshore and Seabed Act 2004 on the New Zealand legislation website. The High Court must give priority to these transferred applications and may also decide that some steps have already been met. If you applied under section 33 of the Foreshore and Seabed Act 2004, the High Court will treat it as an application for an order recognising customary marine title under this new Act.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3213472.

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Topics:
Māori affairs > Māori landEnvironment and resources > Conservation
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Part 4Administrative and miscellaneous matters
Regulations and miscellaneous matters: Transitional arrangements

125Pending proceedings under Foreshore and Seabed Act 2004

  1. On the commencement of this Act, all applications made under the Foreshore and Seabed Act 2004 to the Māori Land Court for customary rights orders and not finally determined under that Act before the commencement of this Act must, without further authority than this section, be transferred to the High Court.

  2. The High Court must treat applications transferred under subsection (1) as if they were applications made under subpart 2 for orders recognising protected customary rights.

  3. The High Court—

  4. must give priority to applications transferred under this section ahead of any applications made under subpart 2:
    1. may deem any of the steps that are required for a proceeding under the High Court Rules 2016 to have been met by the applications transferred under this section:
      1. may give directions to applicants to take such steps that, in the opinion of the High Court, are necessary to enable the proceedings to be completed.

        1. An application made under section 33 of the Foreshore and Seabed Act 2004 for a finding that a group would have held territorial customary rights is to be treated by the High Court as an application under subpart 2 for an order recognising customary marine title.

        Notes
        • Section 125(3)(b): amended, on , by section 183(c) of the Senior Courts Act 2016 (2016 No 48).