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Marine and Coastal Area (Takutai Moana) Act 2011

Administrative and miscellaneous matters - Recognition by order of Court - Recognition orders

109: Form of recognition order

You could also call this:

"What to include in a recognition order for customary rights or marine title"

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

You need to submit a draft order if the Court grants you recognition of a protected customary right or customary marine title. The Court will look at your draft order to make sure it has all the necessary information. You must include details such as the area it applies to and the group it applies to. You also need to include the name of the holder of the order and contact details for the group and the holder. If it is a protected customary rights order, you must describe the right and any limitations on it. You must also include a diagram or map to identify the area. If it is a customary marine title order, you must include a survey plan of the area and a description of it. You must also include any prohibitions or restrictions that apply to a wāhi tapu or wāhi tapu area within the customary marine title area.

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Part 4Administrative and miscellaneous matters
Recognition by order of Court: Recognition orders

109Form of recognition order

  1. An applicant group in whose favour the Court grants recognition of a protected customary right or customary marine title must submit a draft order for approval by the Registrar of the Court.

  2. Every recognition order must specify—

  3. the particular area of the common marine and coastal area to which the order applies; and
    1. the group to which the order applies; and
      1. the name of the holder of the order; and
        1. contact details for the group and for the holder.

          1. A protected customary rights order must also include—

          2. a description of the right, including any limitations on the scale, extent, or frequency of the exercise of the right; and
            1. a diagram or map that is sufficient to identify the area.

              1. Every customary marine title order must include—

              2. a survey plan that sets out the extent of the customary marine title area, to a standard of survey determined for the purpose by the Surveyor-General; and
                1. a description of the customary marine title area; and
                  1. any prohibition or restriction that is to apply to a wāhi tapu or wāhi tapu area within the customary marine title area.