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Marine and Coastal Area (Takutai Moana) Act 2011

Amendments to other enactments

Schedule 1AA: Transitional, savings, and related provisions

You could also call this:

"Rules for Changing to New Marine and Coastal Area Laws"

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

You are reading about the Marine and Coastal Area Act. This Act has some new rules. These rules are called the CMT amendments. They started on a specific date. You need to know what these rules mean. The CMT amendments do not apply to decisions made before a certain time. This time is called the announcement time. It was midnight on 25 July 2024. Decisions made before this time are governed by the old law. If a decision was made after the announcement time, the new rules apply. The Court can still hear cases that were started before the announcement time. But the Court must follow the new rules when making decisions. Some decisions made between the announcement time and the start of the new rules have no legal effect. This means they are not valid. The Court can continue to hear cases that were affected by these decisions. But the Court must follow the new rules. You are not entitled to compensation because of the new rules. This means you cannot get money because the rules have changed.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1539462.

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Schedule 1AA: Transitional, savings, and related provisions, or

"Rules to help change from old to new coastal area laws"

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Schedule 1: Resource consents and controls in protected customary rights area, or

"Rules for protecting special coastal areas and the people who use them"

1AATransitional, savings, and related provisions Empowered by ss 9A, 9C, 59B

1Provisions relating to CMT Amendment Act

1Definitions

  1. In this Part, unless the context otherwise requires,—

    announcement time means midnight on 25 July 2024

      commencement means the commencement of the CMT Amendment Act

        CMT Amendment Act has the meaning given in section 9(1)

          CMT amendments has the meaning given in section 9(1)

            CMT decision means a decision relating to whether customary marine title exists in a specified area of the common marine and coastal area and that is—

            1. a decision made by the responsible Minister on behalf of the Crown relating to a notice of intention (see section 95)—
              1. to seek an agreement recognising customary marine title; and
                1. given by an applicant group; or
                2. a decision made by the Court (as defined in this clause) relating to an application (see sections 98 and 100)—
                  1. for a recognition order recognising customary marine title; and
                    1. made by an applicant group

                    decision made by the Court, for the purposes of paragraph (b) of the definition of CMT decision, includes, but is not limited to, each of the following done, made, or issued by or on behalf of the Court:

                    1. an interlocutory decision (for example, a direction, minute, or order) of any kind:
                      1. any consideration or any hearing, of any kind, in part or in full, of one or both of—
                        1. an interlocutory matter:
                          1. a substantive matter:
                          2. a substantive decision (for example, a direction, minute, or order) of any kind

                            interim period means the period that—

                            1. starts at the announcement time; and
                              1. ends on the commencement

                                old law means the following provisions (as in force before the announcement time, and as interpreted by courts before, at, or after that time):

                                1. subpart 3 (customary marine title) of Part 3 (customary interests):
                                  1. provisions of this Act that relate to that subpart (for example, related definitions in section 9 and related provisions in section 106 (burden of proof)).

                                  Notes
                                  • Schedule 1AA clause 1: inserted, on , by section 12 of the Marine and Coastal Area (Takutai Moana) (Customary Marine Title) Amendment Act 2025 (2025 No 58).

                                  2CMT amendments do not apply to CMT decision made at announcement time

                                  1. The CMT amendments do not apply to or affect a CMT decision made—

                                  2. before or at the announcement time; and
                                    1. under the old law.

                                      1. The CMT amendments also do not apply to or affect the following, made before the announcement time, that give effect to a CMT decision of a kind specified in subclause (1):

                                      2. an agreement made and entered into under section 95 that recognises and provides for customary marine title:
                                        1. a customary marine title order made under section 98(1) that recognises customary marine title.

                                          1. The old law continues to apply to any interlocutory application, appeal, or rehearing related to a CMT decision of a kind specified in subclause (1).

                                          2. This clause applies even if, at the announcement time, a CMT decision of a kind specified in subclause (1) is not given effect to in—

                                          3. an agreement made and entered into under section 95 that recognises and provides for customary marine title; or
                                            1. a customary marine title order made under section 98(1) that recognises customary marine title.

                                              1. A CMT decision to which subclause (4) applies may, after the announcement time, be given effect to in an agreement or an order specified in subclause (4)(a) or (b).

                                              Notes
                                              • Schedule 1AA clause 2: inserted, on , by section 12 of the Marine and Coastal Area (Takutai Moana) (Customary Marine Title) Amendment Act 2025 (2025 No 58).

                                              3CMT amendments apply to CMT decision made after announcement time

                                              1. The CMT amendments apply to a CMT decision made after the announcement time.

                                              2. The CMT amendments apply to any interlocutory application, appeal, or rehearing related to a CMT decision of a kind specified in subclause (1).

                                              3. This clause applies even if, at the announcement time,—

                                              4. the Crown has considered, but has not decided, whether the applicant group has satisfied the Crown that the group has satisfied the requirements of the old law; or
                                                1. the Court has considered, but has not decided, whether the applicant group has satisfied the Court that the group meets the requirements of the old law.

                                                  Notes
                                                  • Schedule 1AA clause 3: inserted, on , by section 12 of the Marine and Coastal Area (Takutai Moana) (Customary Marine Title) Amendment Act 2025 (2025 No 58).

                                                  4Certain CMT decisions made in interim period, and related agreements and orders made, have no legal effect and never have had legal effect

                                                  1. A CMT decision must be taken to have no legal effect, and never to have had legal effect, if it was made—

                                                  2. in the interim period; and
                                                    1. in accordance with the old law (as in force in the interim period).

                                                      1. An agreement must be taken to have no legal effect, and never to have had legal effect,—

                                                      2. if it was made and entered into—
                                                        1. in the interim period; and
                                                          1. under section 95; and
                                                          2. to the extent that it gives effect to a CMT decision to which subclause (1) applies.

                                                            1. A customary marine title order (whether or not sealed under section 113) must be taken to have no legal effect, and never to have had legal effect, if it—

                                                            2. was made—
                                                              1. in the interim period; and
                                                                1. under section 98(1); and
                                                                2. gives effect to a CMT decision to which subclause (1) applies.

                                                                  Notes
                                                                  • Schedule 1AA clause 4: inserted, on , by section 12 of the Marine and Coastal Area (Takutai Moana) (Customary Marine Title) Amendment Act 2025 (2025 No 58).

                                                                  5Court may continue to hear, or rehear, affected applications

                                                                  1. This clause applies to an applicant group’s application for a recognition order for customary marine title if, at the announcement time, the Court has considered, but has not decided, whether the group has satisfied the Court that the group meets the requirements of the old law.

                                                                  2. Subclause (1) applies whether or not the Court in the interim period makes in respect of the application one or both of the following:

                                                                  3. a CMT decision to which clause 4(1) applies:
                                                                    1. a customary marine title order to which clause 4(3) applies.

                                                                      1. The Court may, after the commencement, and in a way that complies with clause 3,—

                                                                      2. continue to hear or rehear, all, or any part of, the application; and
                                                                        1. invite and consider related further submissions from all or any parties to, or other participants in, the application.

                                                                          Notes
                                                                          • Schedule 1AA clause 5: inserted, on , by section 12 of the Marine and Coastal Area (Takutai Moana) (Customary Marine Title) Amendment Act 2025 (2025 No 58).

                                                                          6No entitlement to compensation

                                                                          1. A person is not entitled to compensation of any kind on account of the operation of the CMT amendments.

                                                                          Notes
                                                                          • Schedule 1AA clause 6: inserted, on , by section 12 of the Marine and Coastal Area (Takutai Moana) (Customary Marine Title) Amendment Act 2025 (2025 No 58).