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Hauraki Gulf / Tīkapa Moana Marine Protection Act 2025

Preliminary provisions

4: Tiriti o Waitangi/Treaty of Waitangi

You could also call this:

"Following the Treaty of Waitangi principles to protect iwi rights"

Illustration for Hauraki Gulf / Tīkapa Moana Marine Protection Act 2025

When you read this Act, you must think about the principles of te Tiriti o Waitangi/the Treaty of Waitangi. The Act is written to make sure the government follows these principles. You will see this in different parts of the Act. The government wants to make sure iwi rights are protected. This means some rules do not apply to iwi when they are exercising their protected customary rights. The government must also consult with iwi when making decisions about the area. The Act says the government must consider iwi rights when people apply to do things in protected areas. The government must also make sure iwi are told about decisions that affect them. This is to ensure iwi rights are respected and protected.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS882708.

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3: Purpose of this Act, or

"This law aims to protect and restore the Hauraki Gulf / Tīkapa Moana for everyone."

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5: Interpretation, or

"What special words mean in the Hauraki Gulf / Tīkapa Moana Marine Protection Act 2025"

Part 1Preliminary provisions

4Tiriti o Waitangi/Treaty of Waitangi

  1. This Act must be interpreted and administered so as to give effect to the principles of te Tiriti o Waitangi/the Treaty of Waitangi.

  2. Without limiting the generality of subsection (1), in order to provide for the Crown’s intention to give effect to the principles of te Tiriti o Waitangi/the Treaty of Waitangi,—

  3. section 10(2) provides that nothing in this Act (except subpart 1 of Part 2) limits or otherwise affects the ability of an applicant group to obtain recognition of protected customary rights or customary marine title under the Marine and Coastal Area (Takutai Moana) Act 2011:
    1. section 11(1) provides that any person performing or exercising functions, duties, or powers under this Act must act in a manner that is consistent with obligations arising under existing Treaty settlements:
      1. section 22(1) provides for customary fishing within high protection areas:
        1. section 26(a) provides that the prohibitions in sections 17, 18, and 21 do not apply to the exercise of protected customary rights or customary marine title rights under the Marine and Coastal Area (Takutai Moana) Act 2011:
          1. section 32(1)(b) provides that, if the New Zealand Geographic Board determines to alter an official geographic name established by this Act and that name is a Māori name, the Board must consult iwi that exercise kaitiakitanga in the relevant area:
            1. in relation to an application made under section 34 for a permit to undertake a prohibited activity within a seafloor protection area or a high protection area,—
              1. section 36 provides that the Director-General must consider the anticipated effects of the activity on the rights and interests of iwi that exercise kaitiakitanga in the relevant area when considering the application:
                1. section 37(1) provides that the Director-General may grant a permit if satisfied that the applicant will take reasonable steps to avoid, remedy, or mitigate any adverse effects of the activity on the rights and interests of iwi that exercise kaitiakitanga in the protected area:
                  1. section 37(4) provides that the Director-General must notify their decision on a permit, and the reasons for it, to iwi that exercise kaitiakitanga in the protected area and that have engaged with the application:
                    1. section 38 provides for additional requirements that apply if any of sections 55, 62A, 66, and 71 of the Marine and Coastal Area (Takutai Moana) Act 2011 apply to the activity:
                    2. section 40 provides that the Director-General may revoke a permit, or amend any condition of the permit, if the Director-General considers that the activity to which the permit relates is inconsistent with the rights and interests of iwi that exercise kaitiakitanga in the relevant area in a manner not anticipated at the time the permit was granted:
                      1. section 73 provides that, before making a recommendation to the Governor-General to make regulations for biodiversity objectives and associated restrictions, the Minister must be satisfied that the proposals for regulations were developed in consultation with iwi that exercise kaitiakitanga in the relevant area:
                        1. section 75 provides that, when undertaking a ministerial review of the operation, effectiveness, and management of seafloor protection areas and high protection areas, the Ministers responsible for the review must ensure that there is a reasonable opportunity for interested persons, including iwi that exercise kaitiakitanga in any area subject to the review, to make submissions.