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Marine and Coastal Area (Takutai Moana) Act 2011

Customary interests - Customary marine title - Status of minerals

84: Status of existing privileges within common marine and coastal area

You could also call this:

"Your existing rights to use the coastal area still apply"

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

You have privileges in the common marine and coastal area. These privileges continue even if the law has changed. You can exercise your rights under the Crown Minerals Act 1991. You can keep your existing privileges. You can also exercise new rights given to you under the Crown Minerals Act 1991. The Crown has functions and powers under this Act. If you have a customary marine title, you get royalties. You get royalties from the Crown for minerals in your area. You also get royalties from the regional council for sand and shingle taken from your area. Royalties are paid after a customary marine title order is sealed or an agreement is in effect. They are calculated from the date you apply for a recognition agreement or order.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3597400.

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"What happens to minerals in your customary marine title area"

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Part 3Customary interests
Customary marine title: Status of minerals

84Status of existing privileges within common marine and coastal area

  1. Despite section 83(2) and (3), the following privileges, rights, obligations, functions, and powers (including those preserved by the transitional provisions in Part 2 of the Crown Minerals Act 1991) continue as if section 83 had not been enacted:

  2. privileges in existence immediately before the effective date; and
    1. rights that can be exercised under the Crown Minerals Act 1991 by the holders of those privileges or any other person; and
      1. subsequent rights and privileges granted to those holders or any other person following the exercise of the rights referred to in paragraph (b) (including those provided for by section 32 of the Crown Minerals Act 1991); and
        1. the obligations on those holders or any other person imposed by or under the Crown Minerals Act 1991; and
          1. the exercise by the Crown of its functions and powers under the Crown Minerals Act 1991 in relation to any of the matters referred to in paragraphs (a) to (d).

            1. A customary marine title group is entitled to receive the following royalties:

            2. from the Crown, any royalties due to the Crown under the Crown Minerals Act 1991 in respect of minerals (other than petroleum, gold, silver, and uranium existing in their natural condition) that are subject to any privilege referred to in subsection (1)(a) to (d) that applies to its customary marine title area; and
              1. from the regional council, any royalties for sand and shingle taken from the customary marine title area imposed by regulations made under the Resource Management Act 1991.

                1. Royalties due under subsection (2)—

                2. are payable on and after the date on which—
                  1. a customary marine title order is sealed under section 113; or
                    1. an agreement is brought into effect under section 96(1)(b); but
                    2. must be calculated from the date on which an application is made for—
                      1. a recognition agreement under section 95; or
                        1. a recognition order under section 100.

                        Notes
                        • Section 84(2)(b): replaced, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).