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Marine and Coastal Area (Takutai Moana) Act 2011

Customary interests - Customary marine title - Accommodated activities

65: Deemed accommodated activities

You could also call this:

"Activities allowed in special coastal areas with permission"

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

You need to know what activities are considered accommodated activities. These are activities that can happen in a customary marine title area. They include things like building or running infrastructure that is essential for the country or region. You can build or run this infrastructure if it cannot be done somewhere else. It must be agreed to by the group that holds the customary marine title order. Or it must be classified by the Minister for Land Information as a deemed accommodated activity. Some other activities are also considered accommodated activities. These include things like prospecting, exploration, or mining for petroleum. They must be necessary for or related to these activities and have an agreement or arbitral award under Part 2 of Schedule 2. Other activities can also be accommodated activities. These are activities that are necessary for or related to the exercise of a privilege. They must have an agreement or arbitral award under Part 2 of Schedule 2. Just because an activity is considered accommodated, it does not mean it will automatically be allowed. The consent authority can still decline an application or impose conditions. This means they can say no to the activity or add rules that must be followed.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3597270.

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Part 3Customary interests
Customary marine title: Accommodated activities

65Deemed accommodated activities

  1. For the purpose of section 64(2)(h) and Schedule 2, the following activities are deemed to be accommodated activities:

  2. the construction or operation of any proposed infrastructure that—
    1. is within the meaning of paragraph (b) of the definition of accommodated infrastructure; and
      1. cannot practicably be constructed or operated in any location other than within a customary marine title area; and
        1. is essential for—
          1. the national social or economic well-being; or
            1. the social or economic well-being of the region in which the infrastructure is located; and
            2. in any case where the construction of infrastructure is to take place at any time after the commencement of this Act, that construction is either—
              1. agreed in principle in accordance with Part 1 of Schedule 2 (subject to all necessary consents being obtained) by the group that holds a customary marine title order in the area relevant to the proposed infrastructure; or
                1. classified by the Minister for Land Information as a deemed accommodated activity (subject to all necessary resource consents being obtained) in accordance with Part 1 of Schedule 2:
              2. any activity—
                1. that, at any time after the commencement of this Act, is necessary for, or reasonably related to, prospecting, exploration, mining operations, or mining (as those terms are defined in section 2(1) of the Crown Minerals Act 1991) for petroleum under a privilege; and
                  1. for which an agreement or an arbitral award has been made under Part 2 of Schedule 2:
                  2. any activity—
                    1. that, at any time after the commencement of this Act, is necessary for, or reasonably related to, the exercise of a privilege in existence immediately before the effective date and of the rights associated with that privilege, as provided for in section 84(1); and
                      1. for which an agreement or arbitral award has been made under Part 2 of Schedule 2.

                      2. Nothing in subsection (1)(a) or (b) limits the discretion of a consent authority—

                      3. to decline an application for a resource consent; or
                        1. to impose conditions on the resource consent.