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Marine and Coastal Area (Takutai Moana) Act 2011

Customary interests - Customary marine title - Rights under customary marine title

61: Delegation and transfer

You could also call this:

"Passing on your marine title rights to others in your iwi or hapū"

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

You can delegate or transfer your customary marine title rights to others. You can only do this to people who belong to the same iwi or hapū as you and are named in the relevant order or agreement. They must be specified in the order or agreement for the delegation or transfer to be allowed. When you delegate or transfer your rights, it only takes effect when the order is changed according to section 111 or the agreement is changed. If you delegate your rights, you still hold the customary marine title. If you transfer your rights, the people you transfer to become the new holders of the customary marine title. You must follow the rules when delegating or transferring your customary marine title rights. This includes making sure the people you delegate or transfer to are allowed to receive these rights. The order or agreement must be updated for the delegation or transfer to take effect.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3597251.

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Topics:
Māori affairs > Māori land
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60: Scope and effect of customary marine title, or

"What having a customary marine title means and what you can do with it"

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62: Rights conferred by customary marine title, or

"What rights do you have in a special coastal area with a customary marine title?"

Part 3Customary interests
Customary marine title: Rights under customary marine title

61Delegation and transfer

  1. A delegation or transfer permitted by section 60(3) may only be to persons who—

  2. belong to the same iwi or hapū as the customary marine title group making the delegation or transfer; and
    1. are specified in the relevant customary marine title order or agreement.

      1. A delegation or transfer of customary marine title recognised by an order or in an agreement takes effect only when, as the case requires,—

      2. the order has been varied in accordance with section 111; or
        1. the agreement has been varied.

          1. If customary marine title is delegated, the applicant group remains the holder of the customary marine title.

          2. If customary marine title is transferred, the persons to whom the title is transferred become the customary marine title group.