Plain language law

New Zealand law explained for everyone

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Fast-track Approvals Bill

Preliminary provisions

6: Obligation relating to Treaty settlements and recognised customary rights

You could also call this:

“You must respect Treaty settlements and customary rights when making decisions”

When you do things under this law, you need to make sure you’re doing them in a way that respects Treaty settlements and customary rights. This means you have to follow the rules set out in Treaty settlements that are in place at the time you’re doing your job. You also need to respect customary rights that are recognised under the Marine and Coastal Area (Takutai Moana) Act 2011 and the Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019.

It’s important to know that this rule doesn’t apply to judges or people who are doing jobs that are like what judges do. They don’t have to follow this part of the law when they’re making decisions.

When we talk about “existing Treaty settlements”, we mean the ones that are in place at the time you’re doing your job. It’s not just the ones that were there when this law first started.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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

Topics:
Māori affairs > Treaty of Waitangi
Māori affairs > Māori land
Environment and resources > Conservation
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“Rules for protecting and managing the Waikato and Waipā Rivers”

Part 1 Preliminary provisions

6Obligation 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).