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Fast-track Approvals Act 2024

Preliminary provisions

7: Obligation relating to Treaty settlements and recognised customary rights

You could also call this:

“Respecting Māori agreements and rights when using this law”

When you carry out tasks under this law, you must do so in a way that respects existing agreements made under the Treaty of Waitangi. You also need to respect customary rights that are recognised under two other laws: the Marine and Coastal Area (Takutai Moana) Act 2011 and the Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019.

This rule doesn’t apply to judges or people who are doing judge-like jobs. They don’t have to follow this part of the law.

When we talk about ‘existing Treaty settlements’, we mean agreements that are in place at the time you’re doing your job under this law. It’s not just about agreements that existed when this law was first made.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS943262.

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Part 1 Preliminary provisions

7Obligation relating to Treaty settlements and recognised customary rights

  1. All persons performing and exercising functions, powers, and duties under this Act must act in a manner that is consistent with—

  2. the obligations arising under existing Treaty settlements; and
    1. customary rights recognised under—
      1. the Marine and Coastal Area (Takutai Moana) Act 2011:
        1. the Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019.

        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, power, or duty is performed or exercised (rather than only those that exist at the commencement of this Act).