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Marine and Coastal Area (Takutai Moana) Act 2011

Customary interests - Customary marine title - Determination of whether customary marine title exists

59A: Outline of aspects of law altered by CMT Amendment Act

You could also call this:

"Changes to the Law About Using the Coast and Sea"

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

You need to understand how the law has changed. The changes are about groups using the common marine and coastal area. They include rules about a group's exclusive use of an area. You will see changes that define what it means for a group to have exclusive use of an area. This means the group has controlled the area and kept others out. The changes also say what happens if the group's use of the area is interrupted. The law clarifies what is meant by substantial interruption to a group's use of an area. It also explains how to determine if a group has had exclusive use of an area without interruption. The changes affect how groups apply for customary marine title. The law says when a group's interest in an area has been extinguished. It also explains what a group must prove to get customary marine title. These changes are referred to in section 9A(1)(b).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1539485.

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Topics:
Environment and resources > ConservationEnvironment and resources > Town planningMāori affairs > Māori land
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59: Matters relevant to whether customary marine title exists, or

"What to consider when deciding if a group has customary marine title in an area"

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59B: Judgments given under this Act referred to in sections 9A and 9B, or

"Important court decisions about the Marine and Coastal Area Act"

Part 3Customary interests
Customary marine title: Determination of whether customary marine title exists

59AOutline of aspects of law altered by CMT Amendment Act

  1. The altered aspects of the law referred to in section 9A(1)(b) include alterations made by provisions that—

  2. define a group’s exclusive use and occupation of a specified area of the common marine and coastal area from the start to the end of the applicable period:
    1. require the group’s use and occupation of the area to be exclusive in that the group has had both the intention and the ability to control that area, to the exclusion of others, from the start to the end of the applicable period:
      1. require that no substantial interruption has occurred to the group’s exclusive use and occupation of that area from the start to the end of the applicable period:
        1. define substantial interruption to the group’s exclusive use and occupation of that area as meaning any 1 or more substantial interruptions to one or both of the following:
          1. the group’s use and occupation of that area:
            1. the exclusivity of the group’s use and occupation of that area:
            2. clarify how substantial interruption to the group’s exclusive use and occupation of that area can be caused, and when it has not occurred:
              1. clarify what inferences are permitted, and require particular regard to be had to specified matters, in determining whether the group has had exclusive use and occupation of that area from the start to the end of the applicable period without substantial interruption:
                1. clarify when the applicant group’s customary interest proposed to be recognised in customary marine title has been extinguished as a matter of law by a vesting of a title as owner to any part of the common marine and coastal area:
                  1. clarify what the group must prove in an application for the recognition of customary marine title in that area.

                    Notes
                    • Section 59A: inserted, on , by section 16 of the Marine and Coastal Area (Takutai Moana) (Customary Marine Title) Amendment Act 2025 (2025 No 58).