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Marine and Coastal Area (Takutai Moana) Act 2011

Preliminary provisions - Purpose and acknowledgements

9B: Customary marine title amendments: interpretation and overriding effect

You could also call this:

"How Customary Marine Title changes affect the law and what they mean"

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

You need to know about the Customary Marine Title amendments. These amendments are part of the Marine and Coastal Area Act. They include sections like 57A, 57B, 58, 59, and 106. When making decisions, you must interpret these amendments in a way that promotes their purposes. This is stated in section 9A. You must do this to ensure the amendments work as intended. This section is important because it overrides other parts of the Act. It overrides section 4, which is about the purpose of the Act. It also overrides section 7, which is about the Treaty of Waitangi. Additionally, it overrides some judgments and conclusions made under the Act, including those specified in section 59A and section 59B.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1539389.

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Topics:
Environment and resources > ConservationMāori affairs > Treaty of WaitangiMāori affairs > Māori land
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9A: Customary marine title amendments: purposes and application, or

"Changes to the law about owning the coast and sea"

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9C: Transitional, savings, and related provisions, or

"Rules to help change to the new law work smoothly"

Part 1Preliminary provisions
Purpose and acknowledgements

9BCustomary marine title amendments: interpretation and overriding effect

  1. This section applies to—

  2. the CMT amendments; and
    1. in particular, sections 57A, 57B, 58, 59, and 106 of this Act.

      1. A decision maker (including the Court) must interpret the CMT amendments in a way that promotes their purposes and application (as stated in section 9A).

      2. This section prevails over—

      3. section 4 (purpose) (including, without limitation, that purpose as given effect to through sections 4(2)(a) and (c) and 6(1)):
        1. section 7 (Treaty of Waitangi (te Tiriti o Waitangi)):
          1. the reasoning and conclusions (about the requirements for recognition of customary marine title, and aspects of the law specified in section 59A) that are expressed in the judgments given under this Act that are specified in section 59B, and any reasoning and conclusions that are—
            1. to the same effect, or to materially similar effect, in substance; and
              1. expressed in any other judgment given under this Act.

              Notes
              • Section 9B: inserted, on , by section 6 of the Marine and Coastal Area (Takutai Moana) (Customary Marine Title) Amendment Act 2025 (2025 No 58).