Hauraki Gulf / Tīkapa Moana Marine Protection Act 2025

Preliminary provisions

11: Obligations relating to Treaty settlements

You could also call this:

"Follow Treaty settlement rules when making decisions"

Illustration for Hauraki Gulf / Tīkapa Moana Marine Protection Act 2025

When you do things under this Act, you must act in a way that fits with the obligations from existing Treaty settlements. You need to think about how your actions will affect these settlements. This means you should consider the Treaty settlements that are in place at the time you are doing something under this Act. When you are making decisions or taking actions, you should remember that this rule does not apply to courts or people making judicial decisions. They have different rules to follow. This is just to make things clear. The term 'existing Treaty settlements' refers to the Treaty settlements that are in place when you are doing something under this Act. This includes any settlements that have been agreed to before or after this Act started. You should consider all of these settlements when making decisions or taking actions.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1022239.


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Part 1Preliminary provisions

11Obligations relating to Treaty settlements

  1. Any person performing or exercising functions, duties, or powers under this Act must act in a manner that is consistent with the obligations arising under existing Treaty settlements.

  2. To avoid doubt, subsection (1) does not apply to a court or a person exercising a judicial power or performing a judicial function or duty.

  3. In this section, existing Treaty settlements means Treaty settlements that exist at the time the relevant function, duty, or power is performed or exercised (rather than only those that exist at the commencement of this Act).