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Marine and Coastal Area (Takutai Moana) Act 2011

Administrative and miscellaneous matters - Recognition by order of Court - Application for recognition order

106: Burden of proof

You could also call this:

"You must prove your group's connection to the coastal area to get a recognition order"

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

When you apply for a recognition order, you need to prove some things. You must show that your group has used the area in the past and still uses it now, following your tikanga. You also need to show that your group has held the area according to your tikanga and had it to yourselves without many interruptions. When you apply for customary marine title, you must prove that your group holds the area following your tikanga and had exclusive use of it. You can find more information about this in section 58(1)(b)(i) or (ii). It is assumed that your customary interest still exists unless someone can prove otherwise. You have to prove these things to get a recognition order. It is up to you to show that your group meets these requirements. If someone does not prove that your customary interest has ended, it is presumed to still exist.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3597411.

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105: Evidence, or

"The Court can use any reliable information as evidence when deciding on a recognition order."

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"The Court can be flexible when dealing with your application"

Part 4Administrative and miscellaneous matters
Recognition by order of Court: Application for recognition order

106Burden of proof

  1. In the case of an application for recognition of protected customary rights in a specified area of the common marine and coastal area, the applicant group must prove that the protected customary right—

  2. has been exercised in the specified area; and
    1. continues to be exercised by that group in the same area in accordance with tikanga.

      1. In the case of an application for the recognition of customary marine title in a specified area of the common marine and coastal area, the applicant group must prove that the group—

      2. holds the specified area in accordance with tikanga, as required by section 58(1)(a); and
        1. had exclusive use and occupation of the specified area from the start to the end of the applicable period without substantial interruption, as required by section 58(1)(b)(i) or (ii).

          1. In the case of every application for a recognition order, it is presumed, in the absence of proof to the contrary, that a customary interest has not been extinguished.

          Notes
          • Section 106(2): replaced, on , by section 11 of the Marine and Coastal Area (Takutai Moana) (Customary Marine Title) Amendment Act 2025 (2025 No 58).