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This page is about a bill. That means that it's not the law yet, but some people want it to be the law. It could change quickly, and some of the information is just a draft.

Offshore Renewable Energy Bill

Preliminary provisions

6: Obligation relating to Treaty settlements and recognised customary rights

You could also call this:

"Respect Treaty settlements and Māori customary rights when following this law"

Illustration for Offshore Renewable Energy Bill

When you perform tasks under this proposed law, you must do them in a way that agrees with obligations from Treaty settlements that already exist. You must also consider customary rights that are recognised under certain laws, such as the Marine and Coastal Area (Takutai Moana) Act 2011 and the Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019. This means you have to respect the rights and agreements that are already in place.

When you are doing these tasks, you need to think about the Treaty settlements that are current at the time you are doing them. This proposed law is clear that it is talking about the Treaty settlements that exist when you are performing your tasks, not just the ones that exist when the law starts.

This part of the proposed law does not apply to courts or people who are making judicial decisions, so they do not have to follow these rules when they are doing their jobs.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS992134.

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Part 1Preliminary provisions

6Obligation relating to Treaty settlements and recognised customary rights

  1. All persons performing and exercising functions, duties, and powers 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, duty, or power is performed or exercised (rather than only those that exist at the commencement of this Act).