Marine and Coastal Area (Takutai Moana) Act 2011

Administrative and miscellaneous matters - Recognition agreements

96: How recognition agreements to be brought into effect

You could also call this:

"Making a recognition agreement official"

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

You need to follow some steps for a recognition agreement to take effect. An agreement is not valid until it is brought into effect. This can happen in two ways. You can bring an agreement into effect by an Order in Council for protected customary rights. The Order in Council must say who the applicant group is and where the agreement applies, with a map or diagram to show the area. For customary marine title, an agreement is brought into effect by an Act of Parliament on a specified date. The Minister in charge must introduce legislation with the full agreement text to Parliament. An Order in Council is a type of secondary legislation, which has its own publication requirements, as outlined in Part 3 of the Legislation Act 2019.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3597409.

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95: Recognition agreements, or

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Part 4Administrative and miscellaneous matters
Recognition agreements

96How recognition agreements to be brought into effect

  1. An agreement is of no effect unless and until it is brought into effect,—

  2. in the case of an agreement to recognise a protected customary right, on the date prescribed by an Order in Council, which must also specify—
    1. the applicant group in sufficient detail to identify it; and
      1. the area to which the agreement relates, with a map or diagram that is sufficient to identify the area; and
      2. in the case of an agreement to recognise customary marine title, by an Act of Parliament on the date specified in the enactment.
        1. The responsible Minister must introduce legislation into Parliament that contains the full text of the agreement for the purpose of subsection (1)(b).

        2. An order under subsection (1)(a) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

        Notes
        • Section 96(3): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).