Marine and Coastal Area (Takutai Moana) Act 2011

1: Title
This Act is the Marine and Coastal Area (Takutai Moana) Act 2011 and may also be cited as—
a: the Marine and Coastal Area Act 2011; or
b: te Takutai Moana Act 2011.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Preliminary provisions
Outline
3: Outline of Act
1: This section is a guide to the overall scheme and effect of this Act, but does not affect the interpretation or application of the other provisions of this Act.
2: This Part—
a: sets out the purpose of the Act and acknowledges the importance of the marine and coastal area to all New Zealanders and the customary interests of iwi, hapū, and whānau in that area; and
b: repeals the Foreshore and Seabed Act 2004
c: states that, in order to take account of the Treaty of Waitangi, the Act recognises, and promotes the exercise of, the customary interests of iwi, hapū, and whānau in the common marine and coastal area of New Zealand; and
d: records the scope of the Crown's sovereignty; and
e: defines terms used in this Act; and
f: provides that the Act binds the Crown.
3: Part 2
a: in subpart 1
i: the special status of the common marine and coastal area as an area that is incapable of ownership; and
ii: matters relevant to the legal status of existing interests in the area, including roads and minerals; and
b: in subpart 2
i: rights of access; and
ii: rights of navigation; and
iii: rights of fishing; and
c: in subpart 3
4: Part 3
a: in subpart 1
b: in subpart 2
c: in subpart 3
5: Part 4
a: in subpart 1
i: protected customary rights, which must be brought into effect by Order in Council; and
ii: customary marine title, which must be brought into effect by an Act of Parliament; and
b: in subpart 2
c: in subpart 3 subparts 1 2
d: in subpart 4
6: The 3 schedules set out—
a: machinery provisions relevant to—
i: decision making concerning resource consent applications that may adversely affect the exercise of protected customary rights; and
ii: the process relating to how new activities become deemed accommodated activities; and
b: consequential amendments. Purpose and acknowledgements
4: Purpose
1: The purpose of this Act is to—
a: establish a durable scheme to ensure the protection of the legitimate interests of all New Zealanders in the marine and coastal area of New Zealand; and
b: recognise the mana tuku iho exercised in the marine and coastal area by iwi, hapū, and whānau as tangata whenua; and
c: provide for the exercise of customary interests in the common marine and coastal area; and
d: acknowledge the Treaty of Waitangi (te Tiriti o Waitangi).
2: To that end, this Act—
a: repeals the Foreshore and Seabed Act 2004
b: contributes to the continuing exercise of mana tuku iho in the marine and coastal area; and
c: gives legal expression to customary interests; and
d: recognises and protects the exercise of existing lawful rights and uses in the marine and coastal area; and
e: recognises, through the protection of public rights of access, navigation, and fishing, the importance of the common marine and coastal area—
i: for its intrinsic worth; and
ii: for the benefit, use, and enjoyment of the public of New Zealand.
5: Repeal of Foreshore and Seabed Act 2004
The Foreshore and Seabed Act 2004 2011-04-01 Foreshore and Seabed Act 2004
6: Customary interests restored
1: Any customary interests in the common marine and coastal area that were extinguished by the Foreshore and Seabed Act 2004
2: Any application under this Act for the recognition of customary interests must be considered and determined as if the Foreshore and Seabed Act 2004
7: Treaty of Waitangi (te Tiriti o Waitangi)
In order to take account of the Treaty of Waitangi (te Tiriti o Waitangi), this Act recognises, and promotes the exercise of, customary interests of Māori in the common marine and coastal area by providing,—
a: in subpart 1 of Part 3
b: in subpart 2 of Part 3
c: in subpart 3 of Part 3
8: Rights and obligations under international law not affected
To avoid doubt, this Act does not affect—
a: the sovereignty of New Zealand under international law over the marine and coastal area, including the airspace above it; or
b: the rights and obligations of New Zealand under international law pursuant to that sovereignty; or
c: the provisions in any other enactment relating to any such rights and obligations under international law.
9: Interpretation
1: In this Act, unless the context otherwise requires,— accommodated activity section 64 affected iwi, hapū, or whānau section 47(1) agreement
a: made under section 95
i: protected customary rights; or
ii: customary marine title; and
b: brought into effect under section 96 applicant group
a: means 1 or more iwi, hapū, or whānau groups that seek recognition under Part 4
i: a recognition order; or
ii: an agreement; and
b: includes a legal entity (whether corporate or unincorporate) or natural person appointed by 1 or more iwi, hapū, or whānau groups to be the representative of that applicant group and to apply for, and hold, an order or enter into an agreement on behalf of the applicant group aquaculture activities section 2(1) chief executive coastal permit section 87(c) common marine and coastal area
a: specified freehold land located in that area; and
b: any area that is owned by the Crown and has the status of any of the following kinds:
i: a conservation area within the meaning of section 2(1)
ii: a national park within the meaning of section 2
iii: a reserve within the meaning of section 2(1)
c: the bed of Te Whaanga Lagoon in the Chatham Islands concession Part 3B consent authority section 2(1) conservation area section 2(1) conservation permission right section 71(3) conservation process section 47 conservation protected area
a: means a part of the marine and coastal area that is protected, primarily for the purposes of conserving natural resources or the historical and cultural heritage of the area, under 1 or more of the following Acts:
i: the Conservation Act 1987
ii: the National Parks Act 1980
iii: the Reserves Act 1977
iv: the Wildlife Act 1953
b: includes any adjoining land that may become part of that conservation protected area, whether or not it is within the marine and coastal area contact details
a: in relation to an individual, the full street address where the individual usually lives or where that individual can be contacted; and
b: in relation to a body corporate or unincorporate, the full street address of the body's place of business or head office; and
c: in every case, an email address or telephone numbers council-controlled organisation section 6(1) Court Crown section 2 Crown entity section 7 customary marine title
a: established by an applicant group in accordance with subpart 3 of Part 3
b: recognised by—
i: a customary marine title order; or
ii: an agreement customary marine title area customary marine title group
a: means an applicant group to which a customary marine title order applies or with which an agreement is made and brought into effect; and
b: includes a delegate or transferee of the group if the delegation or transfer is made in accordance with tikanga customary marine title order
a: granted in recognition of a customary marine title of a customary marine title group in respect of a customary marine title area; and
b: sealed under section 113 deemed accommodated activity section 65 Director-General effective date
a: in the case of a recognition order made under section 98 section 113
b: in the case of an agreement entered into under section 95 section 96(1) environment section 2(1) infrastructure section 2(1) kaitiakitanga section 2(1) local authority section 5(1) mana tuku iho Māori Appellate Court section 50 Māori Land Court section 6 marine and coastal area
a: means the area that is bounded,—
i: on the landward side, by the line of mean high-water springs; and
ii: on the seaward side, by the outer limits of the territorial sea; and
b: includes the beds of rivers that are part of the coastal marine area (within the meaning of the Resource Management Act 1991
c: includes the airspace above, and the water space (but not the water) above, the areas described in paragraphs (a) and (b); and
d: includes the subsoil, bedrock, and other matter under the areas described in paragraphs (a) and (b) mineral section 2(1) plan section 43AA planning document section 85 privilege
a: has the same meaning as the definition of existing privilege in section 2(1)
b: also means prospecting, exploration, and mining permits granted under that Act, and their associated mining operations (within the meaning of section 2(1) proposed plan section 43AAC protected customary right
a: established by an applicant group in accordance with subpart 2 of Part 3
b: recognised by—
i: a protected customary rights order; or
ii: an agreement protected customary rights area protected customary rights group
a: means an applicant group to which a protected customary rights order applies or with which an agreement is made; and
b: includes a delegate or transferee of the group if the delegation or transfer is made in accordance with tikanga protected customary rights order section 113 public notice section 2(1) quota management system section 2(1) recognition order section 98(1) regional council section 2(1) regional document section 92 register subpart 3 of Part 4 Registrar in accordance with section 231 resource consent section 2(1) responsible Minister RMA permission right sections 66 to 68 road
a: a road within the meaning of section 315(1) section 43(1)
b: a motorway within the meaning of section 2(1)
c: the supporting subsoil of any road described in paragraph (a) or (b) sand section 2(1) ship section 2(1) specified freehold land
a: Maori freehold land within the meaning of section 4
b: set apart as a Maori reservation under Te Ture Whenua Maori Act 1993
c: registered under the Land Transfer Act 2017
d: subject to the Deeds Registration Act 1908 structure
a: has the meaning given in section 2(1)
b: includes any breakwater, groyne, mole, or other such structure that is made by people and fixed to land taonga tūturu section 2(1) territorial authority section 5(1) territorial sea section 3 tikanga wāhi tapu wāhi tapu area wahi tapu wahi tapu area section 6 warden section 80
2: In Schedule 1 effect section 3 Section 9(1) High Court Rules repealed 18 October 2016 section 183(c) Senior Courts Act 2016 Section 9(1) privilege amended 24 May 2013 section 65 Crown Minerals Amendment Act 2013 Section 9(1) Registrar amended 12 November 2018 section 250 Land Transfer Act 2017 Section 9(1) specified freehold land amended 12 November 2018 section 250 Land Transfer Act 2017 Section 9(1) wāhi tapu wāhi tapu area amended 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014
10: Act binds the Crown
This Act binds the Crown.
2: Common marine and coastal area
1: Interests in common marine and coastal area
11: Special status of common marine and coastal area
1: The common marine and coastal area is accorded a special status by this section.
2: Neither the Crown nor any other person owns, or is capable of owning, the common marine and coastal area, as in existence from time to time after the commencement of this Act.
3: On the commencement of this Act, the Crown and every local authority are divested of every title as owner, whether under any enactment or otherwise, of any part of the common marine and coastal area.
4: Whenever, after the commencement of this Act, whether as a result of erosion or other natural occurrence, any land owned by the Crown or a local authority becomes part of the common marine and coastal area, the title of the Crown or the local authority as owner of that land is, by this section, divested.
5: The special status accorded by this section to the common marine and coastal area does not affect—
a: the recognition of customary interests in accordance with this Act; or
b: any lawful use of any part of the common marine and coastal area or the undertaking of any lawful activity in any part of the common marine and coastal area; or
c: any power to impose, by or under an enactment, a prohibition, limitation, or restriction in respect of a part of the common marine and coastal area; or
d: any power or duty, by or under an enactment, to grant resource consents or permits (including the power to impose charges) within any part of the common marine and coastal area; or
e: any power, by or under an enactment, to accord a status of any kind to a part of the common marine and coastal area, or to set aside a part of the common marine and coastal area for a specific purpose; or
f: any status that is, by or under an enactment, accorded to a part of the common marine and coastal area or a specific purpose for which a part of the common marine and coastal area is, by or under an enactment, set aside, or any rights or powers that may, by or under an enactment, be exercised in relation to that status or purpose.
6: In this section, enactment
12: Areas acquiring status under certain enactments may vest in Crown
1: This section applies to any defined area within the common marine and coastal area that acquires a status of any of the following kinds:
a: a conservation area within the meaning of section 2(1)
b: a national park within the meaning of section 2
c: a reserve within the meaning of section 2
2: The Governor-General may, by Order in Council made on the recommendation of the Minister of Conservation, vest in the Crown any defined area to which this section applies other than an area that is within a customary marine title area.
3: When an Order in Council made under this section comes into force, the defined area to which it relates ceases to be part of the common marine and coastal area.
4: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 12(4) replaced 28 October 2021 section 3 Secondary Legislation Act 2021
13: Boundary changes of marine and coastal area
1: This Act (other than section 11(4)
2: However, if, because of a change caused by a natural occurrence or process, any land, other than a road, that is owned by the Crown or a local authority becomes part of the marine and coastal area, then that land becomes part of the common marine and coastal area (even if that land consists of or is included in a piece of land defined by fixed boundaries).
3: If land has, because of a change caused by a natural occurrence or process, ceased to be part of the common marine and coastal area, and the title to that land is not determined by an enactment or the common law, then the land vests in the Crown as Crown land and is subject to the Land Act 1948
14: Roads located in marine and coastal area
1: Any road, whether formed or unformed, that is in the marine and coastal area on the commencement of this Act is not part of the common marine and coastal area.
2: A certificate signed and dated by the responsible Minister may state, in respect of an unformed road to which subsection (1) applies,—
a: that the formation of the road has commenced; or
b: that the Minister believes that the formation of the road is intended to be commenced, having regard to any evidence that the Minister considers relevant, including, without limitation, any resource consent or other authorisation for that formation or any application or proposed application for such consent or authorisation.
3: If, on the day before any quinquennial anniversary, an unformed road to which subsection (1) applies continues in existence as an unformed road, then that road is deemed to be stopped, and becomes part of the common marine and coastal area on that anniversary, unless a current certificate has been signed and dated in respect of that road.
4: If a road to which subsection (1) applies continues to be unformed for at least 15 years after the commencement of this Act, the road is deemed to be stopped, and becomes part of the common marine and coastal area, on the date that the responsible Minister, in his or her discretion, signs and dates a certificate stating that—
a: the formation of the road has not commenced; and
b: the Minister believes that there is no longer an intention to commence the formation of the road.
5: An unformed road that, after the commencement of this Act, comes into existence in the marine and coastal area is part of the common marine and coastal area.
6: However, if a road to which subsection (5) applies is formed, the road ceases to be part of the common marine and coastal area on the day on which its formation is completed.
7: In any case where a road in the marine and coastal area is not part of the common marine and coastal area, the ownership, management, and control of the road is determined and governed by the enactments that apply to the road.
8: Nothing in this section (except subsection (7)) or in section 15
9: In this section,— current certificate formation form section 2(1) private road section 315(1) quinquennial anniversary
15: No ownership in road that becomes part of common marine and coastal area
1: When a road or a former road becomes part of the common marine and coastal area, the title of the Crown or other entity as owner of the road is divested.
2: If a road in the marine and coastal area is stopped under the Local Government Act 1974 Public Works Act 1981
3: A certificate signed by the responsible Minister that identifies a road or an area and states that a provision of section 14
4: This section and section 14 section 18
16: Continued Crown ownership of minerals
1: Nothing in section 11 83 section 10
2: For the purposes of section 11 section 11 17 section 3
3: Section 11 Crown Minerals Act 1991
4: This section is subject to section 83
17: Additions to common marine and coastal area
1: If, at any time after the commencement of this Act, the Crown or a local authority acquires, whether by purchase, gift, exchange, or by operation of law, any specified freehold land that is wholly or partly within the marine and coastal area, then that land, to the extent that it is within the marine and coastal area, becomes on that acquisition part of the common marine and coastal area.
2: Subsection (1) does not apply to any specified freehold land that is accorded a status under an enactment other than this Act.
18: Rights of owners of structures
1: This section applies to any structure that is, on or after the commencement of this Act, fixed to, or under or over, any part of the common marine and coastal area.
2: Each structure to which this section applies—
a: is to be regarded as personal property and not as land or as an interest in land; and
b: does not form part of the common marine and coastal area.
3: A person who, immediately before the commencement of this Act, had an interest in a structure to which this section applies continues to have that interest in the structure as personal property until the person's interest is changed by a disposition or by operation of law.
4: A person is presumed, unless the contrary is shown, to own a structure to which this section applies if the person holds a resource consent for the occupation of the part of the common marine and coastal area in which the structure is located.
5: Any authority, in force immediately before the commencement of this Act, by which the Crown, a Minister, an officer, an employee, a department, an instrument of the Crown, or a local authority is authorised to exercise and perform powers, duties, or functions in respect of a structure to which this section applies continues to be in force according to its tenor until it is changed or ceases to have effect by a lawful direction, disposition, or by operation of law.
19: Crown deemed to be owner of abandoned structures
1: The Crown is deemed to be the owner of any structure that is abandoned in the common marine and coastal area.
2: For the purposes of this section, a structure is abandoned
3: This subsection and subsections (3A) to (3C) apply—
a: if the ownership is uncertain in respect of a structure in a part of the common marine and coastal area for which a regional council has responsibility; and
b: there is no current resource consent in respect of the structure.
3A: The regional council must—
a: undertake an inquiry under subsection (2); or
b: remove the structure under section 12(7)
3B: The regional council may take action under subsection (3A)﻿(b) if, in the opinion of the council, an inquiry under subsection (2) is not warranted because—
a: the structure is likely to have no, or minimal, value to any owner or to the community; and
b: efforts to locate the owner have not been successful, including, as a minimum,—
i: a search of the relevant records held by the council; and
ii: a reasonable effort to locate the owner from any contact details in those records.
3C: A regional council may determine whether to remove a structure, in whole or in part,—
a: in accordance with the provisions of the regional coastal plan; or
b: without complying with any conditions in the regional coastal plan or obtaining a resource consent if, in the council’s opinion, any adverse effects of removing the structure would be no more than minor.
4: Every inquiry under subsection (2) must be undertaken in accordance with regulations made under section 118
5: Nothing in this section makes the Crown liable—
a: for any breaches committed, in respect of a structure, before the Crown became the deemed owner of the structure; or
b: for any effects attributable to anything done or omitted, in respect of a structure, before the Crown became the deemed owner of the structure; or
c: to comply with any requirement in respect of the structure that does not relate to a matter of health or safety or to a significant adverse effect on the environment. Section 19(3) replaced 19 April 2017 section 123 Resource Legislation Amendment Act 2017 Section 19(3A) inserted 19 April 2017 section 123 Resource Legislation Amendment Act 2017 Section 19(3B) inserted 19 April 2017 section 123 Resource Legislation Amendment Act 2017 Section 19(3C) inserted 19 April 2017 section 123 Resource Legislation Amendment Act 2017
20: Act does not affect existing resource consents or lawful activities
Nothing in this Act limits or affects—
a: any resource consent granted before the commencement of this Act; or
b: any activities that can be lawfully undertaken without a resource consent or other authorisation.
21: Certain proprietary interests to continue
1: In this section, proprietary interest
a: means any interest under a lease, licence, permit, easement, or statutory authorisation (not being a resource consent) granted in respect of any land that, on the commencement of this Act, is located within the common marine and coastal area; and
b: includes any right to a renewal or an extension of that interest; but
c: does not include a privilege.
2: A proprietary interest that, immediately before the commencement of this Act, was in effect continues, so far as it is lawful, to have effect according to its tenor.
3: Every proprietary interest that is continued by subsection (2) and that has been granted by a person other than the Crown is deemed to have been granted by the Crown.
4: The Minister of Conservation is authorised to execute on behalf of the Crown any instrument or other document that is required to be executed by the grantor in respect of any proprietary interest.
5: The Minister of Conservation may enforce any condition to which a proprietary interest is subject by taking any measures, including the taking of proceedings, that the grantor of the interest could take.
6: The Crown may grant a renewal or extension of a proprietary interest only if the interest contains a right of renewal or extension.
7: This section overrides section 11
22: Provisions relating to
records of title
1: The Registrar must, at the request of the Minister of Conservation and without further authority than this section, cancel the whole of any record of title
2: Immediately upon the cancellation under subsection (1) of a record of title
a: issue a record of title
b: record on that record of title
3: When the interest or notification for which a record of title record of title Section 22 heading amended 12 November 2018 section 250 Land Transfer Act 2017 Section 22(1) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 22(2) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 22(2)﻿(a) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 22(2)﻿(b) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 22(3) amended 12 November 2018 section 250 Land Transfer Act 2017
23: Provisions relating to
record of title
1: If any record of title adjacent land record of title
2: On presentation of the application, the Registrar, on payment of the appropriate fee, must, despite anything in the Land Transfer Act 2017
a: cancel the record of title
b: issue a record of title
c: note any current registered interest or current registered notification that relates to the adjacent land against that record of title record of title
d: issue a record of title record of title
3: The Registrar may require the deposit of any survey plan necessary for the issue of a record of title under subsection (2)﻿(b).
4: To avoid doubt, no action taken under this section is subject to Part 10 Section 23 heading amended 12 November 2018 section 250 Land Transfer Act 2017 Section 23(1) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 23(2) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 23(2)﻿(a) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 23(2)﻿(b) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 23(2)﻿(c) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 23(2)﻿(d) amended 12 November 2018 section 250 Land Transfer Act 2017
24: Exclusion of interests in marine and coastal area founded on adverse possession or prescriptive title
1: Despite any other enactment or rule of law, no person may claim an interest in any part of the marine and coastal area on the ground of adverse possession or prescriptive title.
2: No relief may be claimed by any person for any loss or damage arising from this section.
25: Local authorities may apply to Minister for redress for loss of divested areas
1: A local authority that, as a result of the operation of section 11(3) or (4) 17
2: In considering an application by a local authority under subsection (1), the Minister of Conservation must be guided by whichever of the following criteria is applicable:
a: if the local authority purchased the relevant land at full market value, compensation is to be paid at current market value:
b: if the local authority did not purchase the relevant land at full market value, redress is limited to compensation for direct financial loss to the local authority arising from the loss of ownership, including loss of—
i: any income that the local authority would, but for the operation of section 11(3) or (4) 17
ii: any investment that the local authority made in the land after purchase.
3: An application under subsection (1) must be made,—
a: if the loss results from the operation of section 11(3)
b: if the loss results from the operation of section 11(4) 17
4: No court has jurisdiction to hear any claim in respect of any loss suffered by a local authority as a result of the operation of section 11(3) or (4) 17
5: Any application made under section 25
2: Public rights and powers over common marine and coastal area
Rights of access
26: Rights of access
1: Every individual has, without charge, the following rights:
a: to enter, stay in or on, and leave the common marine and coastal area:
b: to pass and repass in, on, over, and across the common marine and coastal area:
c: to engage in recreational activities in or on the common marine and coastal area.
2: The rights conferred by this section are subject to any authorised prohibitions or restrictions that are imposed under section 79
3: A prohibition or restriction of the kind described in subsection (2) may, subject to the enactment in which it is contained or by which it is authorised, apply to—
a: any or all of the rights conferred by this section:
b: 1 or more ways of exercising those rights:
c: 1 or more defined periods, or an indefinite period, or recurring periods of a stated kind:
d: 1 or more specified areas.
4: In this section, enactment Rights of navigation
27: Rights of navigation within marine and coastal area
1: Every person has the following rights:
a: to enter, and pass and repass through, the marine and coastal area by ship:
b: to temporarily anchor, moor, and ground within the marine and coastal area:
c: to load and unload cargo, crew, equipment, and passengers within the marine and coastal area:
d: to remain in a place within the marine and coastal area for a convenient time:
e: to remain temporarily in a place within the marine and coastal area until wind or weather permits departure or until cargo has been obtained or repairs completed.
2: The rights conferred by subsection (1) include anything reasonably incidental to their exercise.
3: The rights conferred by subsection (1) may be exercised subject to any authorised restrictions and prohibitions that are imposed by or under an enactment, including restrictions and prohibitions imposed under sections 78 79
4: A restriction or prohibition of the kind described in subsection (3) may, subject to the enactment in which it is contained or by which it is authorised, apply to—
a: 1 or more of the rights conferred by this section:
b: 1 or more ways of exercising those rights:
c: a definite period or an indefinite period, or recurring periods of a stated kind:
d: 1 or more specified areas.
5: In this section, enactment Rights of fishing
28: Fishing rights preserved
1: Nothing in this Act prevents the exercise of any fishing rights conferred or recognised by or under an enactment or by a rule of law.
2: Subsection (1) is subject to section 81
3: Reclaimed land
29: Interpretation
1: In this section and in sections 30 to 45 developer dispose of eligible applicant section 35 freehold interest Unit Titles Act 1972 Unit Titles Act 2010 interest lesser interest Minister Land Act 1948 reclaimed land
a: land that has arisen above the line of mean high-water springs as a result of natural processes, including accretion; or
b: structures such as breakwaters, moles, groynes, or sea walls reclaimed land subject to this subpart section 30 31 section 32
2: The purpose of this subpart is to provide certainty to business and development interests in respect of investments in reclamations and to balance the interests of all New Zealanders, including their interests in conservation.
30: Certain reclaimed land to vest in Crown
1: Subsection (2) applies to any reclaimed land that is formed from the common marine and coastal area as a result of a lawful reclamation.
2: The full legal and beneficial ownership in any reclaimed land to which this subsection applies vests in the Crown absolutely if, after the commencement of this Act, a regional council approves a plan of survey, under section 245(5)
3: Subsection (4) applies to reclaimed land that is formed from the common marine and coastal area as a result of an unlawful reclamation.
4: The full legal and beneficial ownership in any reclaimed land to which this subsection applies vests in the Crown absolutely if the Minister signs a certificate that—
a: describes the position and extent of the reclaimed land; and
b: states that this subsection applies to the reclaimed land.
5: A certificate signed under subsection (4) is, in the absence of proof to the contrary, sufficient evidence of the matter stated in the certificate.
6: The Land Act 1948
31: New status of existing reclaimed land
1: This section applies to reclaimed land ( existing reclaimed land
a: immediately before the commencement of this Act, was—
i: part of the public foreshore and seabed under the Foreshore and Seabed Act 2004
ii: vested in the Crown under the Land Act 1948
iii: subject to the Foreshore and Seabed Endowment Revesting Act 1991
iv: otherwise owned by the Crown; and
b: is not set apart for a specified purpose.
2: On the commencement of this Act, the full legal and beneficial ownership of all existing reclaimed land vests in the Crown absolutely and, so far as it is, immediately before that commencement, subject to the Foreshore and Seabed Act 2004 Land Act 1948
3: However, this section does not affect—
a: any lesser interest held, immediately before the commencement of this Act, by a person other than the Crown in existing reclaimed land; or
b: the ownership in structures fixed to, or under or over, existing reclaimed land.
32: Minister may declare reclaimed land to be subject to Land Act 1948
1: The Minister may, by notice in the Gazette Land Act 1948
a: reclaimed land vested in the Crown by section 30 31
b: reclaimed land in which the Crown has, at any time after the commencement of this Act, acquired the freehold interest.
2: A notice under subsection (1)—
a: must describe the position and extent of the reclaimed land; and
b: takes effect on the 28th day after its publication in the Gazette
33: Minister to administer reclaimed land subject to this subpart
1: The Minister may perform and exercise the functions, duties, and powers of the Crown as owner in respect of every area of reclaimed land that is subject to this subpart.
2: The Minister may sign a certificate that—
a: describes the position and extent of any land; and
b: states that the land is, or is not, subject to this subpart.
3: A certificate signed under subsection (2) is, in the absence of proof to the contrary, sufficient evidence of the matter stated in the certificate.
34: Granting and disposition of interests in reclaimed land subject to this subpart
1: The Minister may, in accordance with sections 35 to 41
2: The Crown may not dispose of any interest in reclaimed land subject to this subpart otherwise than in accordance with sections 35 to 41
35: Eligible applicants for interests in reclaimed land subject to this subpart
1: A developer of reclaimed land subject to this subpart that has been, or is being, or is to be formed may apply to the Minister for the grant to the developer of an interest in that reclaimed land.
2: A network utility operator may apply to the Minister for the grant to the network utility operator of a lesser interest in reclaimed land subject to this subpart that has been, or is being, or is to be formed on the ground that the lesser interest is required for the purposes of the network utility operation undertaken by the network utility operator.
3: Subsection (4) applies if—
a: reclaimed land has been subject to this subpart for more than 10 years; and
b: no interest has been granted in that land; and
c: no current application for the grant of an interest in that land is awaiting the Minister's determination.
4: If this subsection applies, any person may apply to the Minister for the grant to the person of an interest in the reclaimed land.
5: A developer or other person who makes an application under this section becomes liable to pay any fees payable under regulations made under this Act.
6: The fees referred to in subsection (5) are recoverable as a debt due to the Crown.
7: In this section, network utility operator network utility operation section 166
36: Determination of application by Minister
1: When an application under section 35
a: whether the applicant is to be granted an interest in the reclaimed land and, if so, whether that interest should be a freehold interest or a lesser interest:
b: if a lesser interest is to be granted, the terms and conditions of that lesser interest:
c: any conditions that must be fulfilled before any interest in the reclaimed land is granted:
d: the encumbrances, restrictions, or conditions (if any) that should attach to any interest (including a freehold interest) to be granted:
e: any consideration (whether by payment of price, rental or other charge, or by way of set-off, or in whole or partial settlement of any claim, including any claim under the Treaty of Waitangi Act 1975
2: In determining the matters specified in subsection (1), the Minister must take into account the following matters, so far as they are applicable:
a: the minimum interest in the reclaimed land that is reasonably needed to allow the purpose of the grant to be achieved:
b: the public interest in the reclaimed land, including existing or proposed public use of the reclaimed land:
c: whether, and the extent to which, the public is benefiting, or is to benefit, from the use or proposed use of the reclaimed land:
d: any conditions or restrictions imposed on the resource consent that authorised the reclamation:
e: whether any historical claims have been made under the Treaty of Waitangi Act 1975 Part 4
f: the cultural value of the reclaimed land and surrounding area to tangata whenua:
g: the financial value of the reclaimed land to the Crown:
h: any natural or historic values associated with the reclaimed land:
i: the potential public access, amenity, and recreational values of the reclaimed land:
j: any special circumstances of the applicant, including the amount of any investment made by the applicant in respect of the reclaimed land.
3: The Minister may determine that several eligible applicants may each be granted a distinct interest in the reclaimed land.
37: Presumption that certain applicants to be granted freehold interest in reclaimed land subject to this subpart
1: In the case of an application made under section 35 section 36(1)﻿(a)
a: the person does not wish to be granted a freehold interest; or
b: the Minister is satisfied, after considering the matters specified in section 36(2)
2: The persons are the following:
a: any port company (as defined in section 2(1)
b: any port operator (as defined in Part 3A
c: the company (as defined in section 2
d: the company (as defined in section 2 Section 37(2)﻿(b) replaced 23 October 2013 section 90 Maritime Transport Amendment Act 2013
38: Notification of determination and variation
1: The Minister must notify the applicant of a determination under section 36(1)
2: Before the Minister makes a determination under section 36(1)
3: The Minister may, on the Minister’s own initiative or on application by an applicant, vary a determination made under section 36(1) section 39
a: to take account of any of the matters specified in section 36(2)
b: for any other reason.
39: Vesting of interest in reclaimed land subject to this subpart
1: The Minister may, by notice in the Gazette
a: the vesting is in accordance with a determination made under section 36(1) section 38(3)
b: any conditions imposed under section 36(1)﻿(c)
c: a certificate under section 245(5)﻿(b)
2: Every Gazette
a: state the name of the applicant in whom the interest is vested and describe the position and extent of the reclaimed land; and
b: describe the interest vested; and
c: describe any encumbrances or restrictions imposed on the interest, including any restrictions that apply under section 44
d: where the interest vested is a freehold interest and in any other case where the Minister considers it appropriate, be sent by the Minister to the Registrar, with a request that a record of title
e: where the Registrar receives a request under paragraph (d), be registered by the Registrar after receipt from the Minister.
3: The Registrar must, in accordance with a request made under subsection (2)﻿(d),—
a: issue a record of title Gazette
b: record on that record of title
i: that the land is reclaimed land subject to subpart 3 of Part 2
ii: where the interest vested is a freehold interest, that the disposition of the freehold interest in that land is restricted by that subpart. Section 39(2)﻿(d) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 39(3)﻿(a) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 39(3)﻿(b) amended 12 November 2018 section 250 Land Transfer Act 2017
40: Application for renewal of interests less than freehold
1: The holder of a lesser interest vested under section 39(1)
2: If an application is made under subsection (1), the holder may continue to operate under the existing interest until the application is determined.
3: The holder of a lesser interest in reclaimed land may apply to the Minister for the vesting of a freehold interest in that land.
4: In determining an application under this section, the Minister must take into account the matters specified in section 36(2)
5: This section also applies to a lesser interest vested in a person under section 355 355AA
41: Pending applications under Resource Management Act 1991 that relate to reclaimed land
1: This section applies to any application—
a: that was made under section 355(1)
b: that is to be, but has not yet been, substantively determined by the Minister of Conservation.
2: No applicant may apply under section 35
a: the applicant has previously made an application ( application A
b: application A was withdrawn or discontinued; and
c: at the time of that withdrawal or discontinuance, application A was in competition with another application to which this section applies.
3: An application to which this section applies must (subject to subsections (4) to (7)) be considered and determined by the Minister of Conservation as if this subpart (other than this section) had not been enacted and as if the Resource Management Act 1991
4: However, an applicant who has made an application to which this section applies may make a request, in accordance with subsection (6), to have the application considered and determined under section 35 section 29
5: The conditions referred to in subsection (4) are that—
a: as at the commencement of this Act, the application is not in competition with any other application to which this section applies; and
b: the applicant would (but for having made the application to which this section applies) be eligible to apply under section 35
6: A request under subsection (4) must be made in writing to the Minister of Conservation not later than 180 days after the commencement of this Act.
7: On receipt of a request under subsection (4), the Minister of Conservation must refer all the documents relating to the application to the Minister (within the meaning of section 29 section 35
42: Savings
1: Where, as at the commencement of this Act, any right, title, or interest in reclaimed land is to be vested in a person under a determination of an application under section 355
a: this subpart (other than this section) had not been enacted; and
b: the Resource Management Act 1991
2: In subsection (1), determination section 355AA(2)﻿(b)
43: Land reclaimed from customary marine title areas by customary marine title groups
1: In any case where a customary marine title group is the developer of reclaimed land that has been formed or is being formed or is to be formed from the group's customary marine title area, this section applies instead of sections 31 to 41
2: The customary marine title group may apply to the Minister in writing for an interest in the area of reclaimed land, and on making the application becomes liable to pay any fees payable under regulations made under this Act, which are recoverable as a debt due to the Crown.
3: On receiving an application duly made under subsection (2), the Minister must—
a: consider the application by applying the criteria stated in section 36(2)
b: proceed on the basis that the customary marine title group is to be granted a freehold interest in the reclaimed land unless—
i: the customary marine title group does not wish to be granted a freehold interest; or
ii: the Minister is satisfied, after considering the matters specified in section 36(2)
c: determine the application, including whether any conditions must be fulfilled before any interest in the reclaimed land is vested and the nature of any such conditions; and
d: notify the customary marine title group of the determination.
4: Before the Minister makes a determination under subsection (3)﻿(c), the Minister must give the customary marine title group a reasonable opportunity to comment on the proposed determination.
5: If satisfied that a certificate under section 245(5)﻿(b) Gazette
6: Every Gazette
a: state the name of the customary marine title group, and describe the position and extent of the reclaimed land; and
b: describe the interest vested; and
c: describe any encumbrances or restrictions imposed on the interest; and
d: where the interest vested is a freehold interest and in any other case where the Minister considers it appropriate, be sent by the Minister to the Registrar, with a request that a record of title
e: where the Registrar receives a request under paragraph (d), be registered by the Registrar after receipt from the Minister.
7: The Registrar must, in accordance with a request made under subsection (6)﻿(d), issue a record of title Gazette Section 43(6)﻿(d) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 43(7) amended 12 November 2018 section 250 Land Transfer Act 2017 Rights of first refusal
44: Restrictions on disposition of freehold interest
1: For as long as a record of title section 39(3)﻿(b) section 45 section 45
2: However, the restriction in subsection (1) does not apply to a disposition that—
a: is made by a company to another company if both companies are—
i: members of the same group (within the meaning of section 5
ii: related companies (within the meaning of section 2(3)
b: affects not solely the freehold interest in the reclaimed land, but also 1 or more other assets.
3: The Minister may, at the request of the proprietor of the freehold interest and on payment of any fees payable under regulations made under this Act, sign a certificate stating that the freehold interest in reclaimed land has been disposed of in accordance with section 45
4: A certificate signed under subsection (3) is conclusive evidence of the matter stated in the certificate.
5: A transfer instrument purporting to effect a disposition to which subsection (1) applies—
a: may not be presented for registration under the Land Transfer Act 2017
b: must, on being presented for registration under that Act, be accompanied by that certificate.
6: If the certificate presented under subsection (5)﻿(b) states that the freehold interest in reclaimed land has been disposed of in accordance with section 45 record of title section 39(3)﻿(b) Section 44(1) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 44(2)﻿(a)﻿(i) amended 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 44(5)﻿(a) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 44(6) amended 12 November 2018 section 250 Land Transfer Act 2017
45: Offers to Minister, iwi or hapū, or public
1: In order to dispose of a freehold interest in reclaimed land (the freehold interest
2: A notice under this subsection—
a: must be given to the Minister; and
b: may be given at any time unless a notice under subsection (4) or (6) is in effect; and
c: must state the following terms on which the Crown may acquire the freehold interest:
i: the consideration:
ii: any other terms and conditions.
3: If, within the period that the notice under subsection (2) is in effect, the Crown does not enter into a contract to acquire the freehold interest, the proprietor may give public notice under subsection (4).
4: A public notice under this subsection must be addressed to all iwi and hapū within the area in which the reclaimed land is located and must invite tenders from representatives of those iwi and hapū for the acquisition of the freehold interest and must state—
a: the minimum consideration for the freehold interest, which may not be less than the consideration stated in the most recent notice given or sent under subsection (2):
b: any other terms and conditions, which may not be more favourable than the terms and conditions stated in the most recent notice given under subsection (2).
5: If, within the period that the notice under subsection (4) is in effect, no iwi or hapū enters into a contract to acquire the freehold interest, the proprietor may, before the second anniversary of the day on which the notice was given to the Minister under subsection (2), give public notice under subsection (6).
6: A public notice under this subsection must invite tenders from any person for the acquisition of the freehold interest and state—
a: the minimum consideration for the freehold interest, which may not be less than the consideration stated in the most recent public notice given under subsection (4):
b: any other terms and conditions, which may not be more favourable than the terms and conditions stated in the most recent notice given under subsection (4).
7: A notice given or published under subsection (2), (4), or (6) is in effect for the period that commences on the date on which the Minister receives the notice or, in the case of a public notice, the notice is first published and ends with the close of the 90th day after that date.
3: Customary interests
46: Overview of this Part
This Part sets out the legal rights and interests that give expression to customary interests in the common marine and coastal area of New Zealand.
1: Participation in conservation processes in common marine and coastal area
47: Participation in conservation processes
1: In this section and sections 48 to 50 affected iwi, hapū, or whānau
2: Affected iwi, hapū, or whānau have the right to participate in conservation processes in the common marine and coastal area.
3: For the purposes of subsection (1), the conservation processes are—
a: applications made under section 5
b: proposals under section 22
c: proposals under the enactments relevant to conservation protected areas to declare or extend conservation protected areas:
d: publicly notified applications for concessions:
e: applications made under regulation 12
48: Notification of conservation process
1: If an application or a proposal is made for a conservation process, notice must be given as provided for in subsection (2), by—
a: the Director-General, in the case of those referred to in section 47(3)﻿(a) to (d)
b: the applicant, in the case of an application referred to in section 47(3)﻿(e)
2: Notice must be given as soon as is reasonably practicable after the application or proposal is received by the Director-General and may be given—
a: as part of any public notice given to members of the public generally of the matter to which it relates; or
b: in a case where the Director-General is not otherwise required to give public notice, to the affected iwi, hapū, or whānau in particular in any publication circulating in the locality to which the proposal relates.
3: A notice given under this section must—
a: include advice that any iwi, hapū, or whānau that consider they are affected iwi, hapū, or whānau may provide that advice to the Director-General; and
b: state the day by which any iwi, hapū, or whānau who may be affected must provide their views; and
c: provide sufficient information about the subject matter and scope of the application or proposal—
i: to inform iwi, hapū, or whānau who may be affected, of the obligations on the Director-General under this subpart; and
ii: to assist affected iwi, hapū, or whānau to decide whether they wish to make a submission on the application or proposal; and
iii: to advise where further information on an application or proposal may be viewed.
4: In the event of a dispute as to whether, or which, iwi, hapū, or whānau are affected by an application or proposal, the Director-General must—
a: seek, and may rely on, any evidence that in his or her opinion is of sufficient authority to resolve the dispute; and
b: advise iwi, hapū, or whānau without delay of the decision made under this subsection, with reasons.
5: A decision of the Director-General as to whether iwi, hapū, or whānau are affected is final.
49: Obligation on decision maker
If the Director-General is advised by iwi, hapū, or whānau and accepts, or determines under section 48(4)
50: Stranded marine mammals
1: In this section marine mammal section 2
2: This section applies if marine mammals are stranded in or on the common marine and coastal area.
3: When making decisions about managing a stranded marine mammal, a marine mammals officer must—
a: ensure that the welfare of the marine mammal and public safety are the primary considerations; and
b: have particular regard to the views of any affected iwi, hapū, or whanau expressed to the officer.
4: In subsection (3), marine mammals officer
a: means a person declared or appointed to be a marine mammals officer under section 11
b: includes any other person authorised under section 18
2: Protected customary rights
51: Meaning of protected customary rights
1: A protected customary right
a: has been exercised since 1840; and
b: continues to be exercised in a particular part of the common marine and coastal area in accordance with tikanga by the applicant group, whether it continues to be exercised in exactly the same or a similar way, or evolves over time; and
c: is not extinguished as a matter of law.
2: A protected customary right
a: that is regulated under the Fisheries Act 1996
b: that is a commercial aquaculture activity (within the meaning of section 4
c: that involves the exercise of—
i: any commercial Māori fishing right or interest, being a right or interest declared by section 9
ii: any non-commercial Māori fishing right or interest, being a right or interest subject to the declarations in section 10
d: that relates to—
i: wildlife within the meaning of the Wildlife Act 1953 Schedule 6
ii: marine mammals within the meaning of the Marine Mammals Protection Act 1978
e: that is based on a spiritual or cultural association, unless that association is manifested by the relevant group in a physical activity or use related to a natural or physical resource (within the meaning of section 2(1)
3: An applicant group does not need to have an interest in land in or abutting the specified part of the common marine and coastal area in order to establish protected customary rights.
52: Scope and effect of protected customary rights
1: A protected customary right may be exercised under a protected customary rights order or an agreement without a resource consent, despite any prohibition, restriction, or imposition that would otherwise apply in or under sections 12 to 17
2: In exercising a protected customary right, a protected customary rights group is not liable for—
a: the payment of coastal occupation charges imposed under section 64A
b: the payment of royalties for sand and shingle imposed by regulations made under the Resource Management Act 1991
3: However, subsections (1) and (2) apply only if a protected customary right is exercised in accordance with—
a: tikanga; and
b: the requirements of this subpart; and
c: a protected customary rights order or an agreement that applies to the customary rights group; and
d: any controls imposed by the Minister of Conservation under section 57
4: A protected customary rights group may do any of the following:
a: delegate or transfer the rights conferred by a protected customary rights order or an agreement in accordance with tikanga:
b: derive a commercial benefit from exercising its protected customary rights, except in relation to the exercise of—
i: a non-commercial aquaculture activity; or
ii: a non-commercial fishery activity that is not a right or interest subject to the declarations in section 10
c: determine who may carry out any particular activity, use, or practice in reliance on a protected customary rights order or agreement:
d: limit or suspend, in whole or in part, the exercise of a protected customary right.
53: Delegations and transfers of protected customary rights
1: A delegation or transfer may only be made under section 52(4)
2: A delegation or transfer of a protected customary right must be—
a: notified to each of the persons or bodies referred to in section 110(2)﻿(b)
b: registered in accordance with section 114
3: A delegation or transfer does not take effect until,—
a: in the case of a protected customary rights order, the order is varied in accordance with section 111
b: in the case of an agreement, the agreement is varied.
54: Limitations on exercise of protected customary rights
1: A protected customary right does not include any right or title over the part of the common marine and coastal area where the protected customary right is exercised, other than the rights provided for in section 52
2: A protected customary right must be exercised in accordance with—
a: any terms, conditions, or limitations on the scale, extent, and frequency of the activity specified in the order or in the agreement; and
b: any controls imposed by the Minister of Conservation under section 56
55: Effect of protected customary rights on resource consent applications
1: This section applies if an application for a resource consent for an activity to be undertaken wholly or in part within a protected customary rights area is lodged on or after the date that—
a: a protected customary rights agreement comes into effect under section 96(1)﻿(a)
b: a protected customary rights order is sealed in accordance with section 113
2: A consent authority must not grant a resource consent for an activity (including a controlled activity) to be carried out in a protected customary rights area if the activity will, or is likely to, have adverse effects that are more than minor on the exercise of a protected customary right, unless—
a: the relevant protected customary rights group gives its written approval for the proposed activity; or
b: the activity is one to which subsection (3) applies.
3: The existence of a protected customary right does not limit or otherwise affect the grant of—
a: a coastal permit under the Resource Management Act 1991
i: regardless of when the application is lodged or whether there is any change in the species farmed or in the method of marine farming; and
ii: provided that there is no increase in the area, or change to the location, of the coastal space occupied by the aquaculture activity for which the existing coastal permit was granted; or
b: a resource consent under section 330A section 63 section 330
c: a resource consent for an existing accommodated infrastructure (within the meaning of section 63
i: the same or similar in character, intensity, and scale as those that existed before the application for the resource consent was lodged; or
ii: if more than minor or temporary in nature; or
d: a resource consent for a deemed accommodated activity (within the meaning of section 65(1)﻿(b)﻿(i)
4: In the case where a deemed accommodated activity within the meaning of section 65(1)﻿(b)﻿(i)
5: The provisions of Part 1 Controls
56: Controls on exercise of protected customary rights
1: If, at any time, the Minister of Conservation determines that the exercise of protected customary rights under a protected customary rights order or agreement has, or is likely to have, a significant adverse effect on the environment, the Minister may impose controls, including any terms, conditions, or restrictions that the Minister thinks fit, on the exercise of the rights.
2: Any person may apply to the Minister of Conservation for controls to be imposed on the exercise of a protected customary right, stating the reasons for the application.
3: If the Minister is satisfied that the application raises reasonable concerns that the exercise of a protected customary right has, or is likely to have, a significant adverse effect on the environment, the Minister must serve the notice, stating his or her intention to consider imposing controls, on—
a: the protected customary rights group; and
b: the local authorities that have statutory functions in the area where the protected customary right applies; and
c: the person applying for controls to be imposed.
4: If the Minister is not satisfied that an application under subsection (2) raises reasonable concerns that the exercise of a protected customary right has, or is likely to have, a significant adverse effect on the environment, the Minister must advise the applicant accordingly, giving reasons for that decision.
5: Part 2
57: Notification of controls
1: The Minister of Conservation must notify in the Gazette section 56
2: The notice must set out—
a: the name and contact details of the relevant protected customary rights group; and
b: a description of the extent of the protected customary rights area that is subject to the controls; and
c: a description of the protected customary right that is subject to the controls; and
d: a description of the controls, including any standards, terms, conditions, or restrictions, to be applied and the reasons for the controls; and
e: the date on which the controls take effect (which must be as soon as is reasonably practicable after the date of the notice).
3: The Minister of Conservation must, as soon as practicable after giving notice, provide a copy of the notice to—
a: the protected customary rights group to which the notice applies; and
b: the Minister of Māori Affairs; and
c: the local authorities that have statutory functions in, or relating to, the protected customary rights area; and
d: the chief executive.
4: Controls take effect on the date stated in the Gazette
3: Customary marine title
Determination of whether customary marine title exists
58: Customary marine title
1: Customary marine title exists in a specified area of the common marine and coastal area if the applicant group—
a: holds the specified area in accordance with tikanga; and
b: has, in relation to the specified area,—
i: exclusively used and occupied it from 1840 to the present day without substantial interruption; or
ii: received it, at any time after 1840, through a customary transfer in accordance with subsection (3).
2: For the purpose of subsection (1)﻿(b), there is no substantial interruption to the exclusive use and occupation of a specified area of the common marine and coastal area if, in relation to that area, a resource consent for an activity to be carried out wholly or partly in that area is granted at any time between—
a: the commencement of this Act; and
b: the effective date.
3: For the purposes of subsection (1)﻿(b)﻿(ii), a transfer is a customary transfer if—
a: a customary interest in a specified area of the common marine and coastal area was transferred—
i: between or among members of the applicant group; or
ii: to the applicant group or some of its members from a group or some members of a group who were not part of the applicant group; and
b: the transfer was in accordance with tikanga; and
c: the group or members of the group making the transfer—
i: held the specified area in accordance with tikanga; and
ii: had exclusively used and occupied the specified area from 1840 to the time of the transfer without substantial interruption; and
d: the group or some members of the group to whom the transfer was made have—
i: held the specified area in accordance with tikanga; and
ii: exclusively used and occupied the specified area from the time of the transfer to the present day without substantial interruption.
4: Without limiting subsection (2), customary marine title does not exist if that title is extinguished as a matter of law.
59: Matters relevant to whether customary marine title exists
1: Matters that may be taken into account in determining whether customary marine title exists in a specified area of the common marine and coastal area include—
a: whether the applicant group or any of its members—
i: own land abutting all or part of the specified area and have done so, without substantial interruption, from 1840 to the present day:
ii: exercise non-commercial customary fishing rights in the specified area, and have done so from 1840 to the present day; and
b: if paragraph (a) applies, the extent to which there has been such ownership or exercise of fishing rights in the specified area.
2: To avoid doubt, section 10
3: The use at any time, by persons who are not members of an applicant group, of a specified area of the common marine and coastal area for fishing or navigation does not, of itself, preclude the applicant group from establishing the existence of customary marine title.
4: For the purpose of subsection (1)﻿(a)﻿(i), land abutting all or part of the specified area
a: land that directly abuts the specified area; or
b: land that does not directly abut the specified area, but does directly abut any of the following:
i: a marginal strip (as defined in section 2(1)
ii: an esplanade reserve (as defined in section 2(1)
iii: a reserve (as defined in section 2(1)
iv: a Māori reservation (as defined in section 2(1)
v: a road that directly abuts the specified area:
vi: a railway line that directly abuts the specified area. Rights under customary marine title
60: Scope and effect of customary marine title
1: Customary marine title—
a: provides an interest in land, but does not include a right to alienate or otherwise dispose of any part of a customary marine title area; and
b: provides only for the exercise of the rights listed in section 62 sections 66 to 93
c: has effect on and from the effective date.
2: A customary marine title group—
a: may use, benefit from, or develop a customary marine title area (including derive commercial benefit) by exercising the rights conferred by a customary marine title order or agreement, but is not exempt from obtaining any relevant resource consent, permit, or approval that may be required under another enactment for the use and development of that customary marine title area; and
b: is not liable for payment, in relation to the customary marine title area, of—
i: coastal occupation charges imposed under section 64A
ii: royalties for sand and shingle imposed by regulations made under the Resource Management Act 1991
3: A customary marine title group may—
a: delegate the rights conferred by a customary marine title order or an agreement in accordance with tikanga; or
b: transfer a customary marine title order or an agreement in accordance with tikanga.
61: Delegation and transfer
1: A delegation or transfer permitted by section 60(3)
a: belong to the same iwi or hapū as the customary marine title group making the delegation or transfer; and
b: are specified in the relevant customary marine title order or agreement.
2: A delegation or transfer of customary marine title recognised by an order or in an agreement takes effect only when, as the case requires,—
a: the order has been varied in accordance with section 111
b: the agreement has been varied.
3: If customary marine title is delegated, the applicant group remains the holder of the customary marine title.
4: If customary marine title is transferred, the persons to whom the title is transferred become the customary marine title group.
62: Rights conferred by customary marine title
1: The following rights are conferred by, and may be exercised under, a customary marine title order or an agreement on and from the effective date:
a: a Resource Management Act 1991 RMA see sections 66 to 70
b: a conservation permission right ( see sections 71 to 75
c: a right to protect wāhi tapu and wāhi tapu areas ( see sections 78 to 81
d: rights in relation to—
i: marine mammal watching permits ( see section 76
ii: the process for preparing, issuing, changing, reviewing, or revoking a New Zealand coastal policy statement ( see section 77
e: the prima facie ownership of newly found taonga tūturu ( see section 82
f: the ownership of minerals other than—
i: minerals within the meaning of section 10
ii: pounamu to which section 3 see section 83
g: the right to create a planning document ( see sections 85 to 93
2: Subsection (3) applies if a person applies for a resource consent, a permit, or an approval in relation to a part of the common marine and coastal area in respect of which—
a: no customary marine title order or agreement applies; but
b: either—
i: an applicant group has applied to the Court under section 100 section 103
ii: an applicant group has applied to enter negotiations under section 95
3: Before a person may lodge an application that relates to a right conferred by a customary marine title order or agreement, that person must—
a: notify the applicant group about the application; and
b: seek the views of the group on the application. Accommodated activities
63: Interpretation
In this section and in sections 64 65 accommodated activities
a: expressly excluded under section 64(1)
b: within the scope of the activities provided for by section 64(1) accommodated infrastructure
a: lawfully established; and
b: owned, operated, or carried out by 1 or more of the following:
i: the Crown, including a Crown entity:
ii: a local authority or a council-controlled organisation:
iii: a network utility operator (within the meaning of section 166
iv: an electricity generator (as defined in section 2(1)
v: a port company (as defined in section 2(1)
vi: a port operator (as defined in Part 3A
c: reasonably necessary for—
i: the national social or economic well-being; or
ii: the social or economic well-being of the region in which the infrastructure is located associated operations
a: an activity carried out under a resource consent granted under the Resource Management Act 1991
b: maintenance, remedial, and restoration work; and
c: the upgrading of existing infrastructure, but only if the effects on the environment of the upgraded infrastructure, assessed at the date when an application is made to upgrade the existing infrastructure, are to be the same or similar in character, intensity, and scale as the effects of the infrastructure that is being upgraded; and
d: the replacement of a part of existing infrastructure by a new part of the same or similar nature; and
e: the relocation of existing infrastructure, if—
i: that is necessary for the continuing operation of the infrastructure; and
ii: the effects on the environment of the new location, assessed at the date when an application is made to relocate the existing infrastructure, are the same or similar in character, intensity, and scale as the effects of the infrastructure in its previous location; and
f: dredging as part of the ongoing operation of a port Crown agent section 10(1) deemed accommodated activities section 65 emergency activity
a: means an activity undertaken in a customary marine title area to prevent, remove, or reduce—
i: an actual or imminent danger to human health or safety; or
ii: a danger to the environment or property so significant that immediate action is required; and
b: includes all necessary coastal protection work undertaken in a customary marine title area by a local authority or Crown agency; and
c: includes any activity authorised by an enactment for the purpose of preventing any of the matters referred to in paragraph (a), including an activity in relation to—
i: a state of emergency declared under the Civil Defence Emergency Management Act 2002
ii: a biosecurity emergency declared under section 144
iii: an emergency or a special emergency declared under section 49B 136
iv: a marine oil spill response under the Maritime Transport Act 1994
v: an emergency within the meaning of section 6
vi: emergency works described in section 330 existing Section 63 accommodated infrastructure replaced 23 October 2013 section 90 Maritime Transport Amendment Act 2013 Section 63 emergency activity amended 1 July 2017 section 197 Fire and Emergency New Zealand Act 2017
64: Accommodated activities
1: An accommodated activity—
a: may be carried out in a part of the common marine and coastal area despite customary marine title being recognised in respect of that part under subpart 1 2
b: is not limited or otherwise affected by the exercise of an RMA permission right or a conservation permission right; but
c: does not limit or otherwise affect the exercise of any other right referred to in section 62(1)
2: For the purposes of this subpart, accommodated activity
a: an activity authorised under a resource consent, whenever granted, if the application for the consent is first accepted by the consent authority before the effective date:
b: an activity that may be carried out under a resource consent, whenever granted, for a minimum impact activity (as defined in section 2(1)
c: accommodated infrastructure:
d: the management activities for which a resource consent is required in relation to—
i: an existing marine reserve:
ii: an existing wildlife sanctuary:
iii: an existing marine mammal sanctuary:
iv: an existing concession:
e: an activity carried out under a coastal permit granted under the Resource Management Act 1991
i: regardless of when the application is lodged or whether there is any change in the species farmed or in the method of marine farming; but
ii: provided that there is no increase in the area, or change of location, of the coastal space occupied by the aquaculture activities for which the existing coastal permit was granted:
f: an emergency activity:
g: scientific research or monitoring that is undertaken or funded by—
i: the Crown:
ii: any Crown agent:
iii: the regional council with statutory functions in the region where the research or monitoring is to take place:
h: a deemed accommodated activity.
3: Subsection (4) applies if, in relation to whether an activity is an accommodated activity, there is a dispute between—
a: a customary marine title group; and
b: the person who owns, operates, or carries out the activity that is the subject of the dispute.
4: Either party to the dispute may refer the dispute to the Minister for Land Information for resolution.
5: The decision of the Minister is final.
65: Deemed accommodated activities
1: For the purpose of section 64(2)﻿(h) Schedule 2
a: the construction or operation of any proposed infrastructure that—
i: is within the meaning of paragraph (b) of the definition of accommodated infrastructure
ii: cannot practicably be constructed or operated in any location other than within a customary marine title area; and
iii: is essential for—
A: the national social or economic well-being; or
B: the social or economic well-being of the region in which the infrastructure is located; and
iv: in any case where the construction of infrastructure is to take place at any time after the commencement of this Act, that construction is either—
A: agreed in principle in accordance with Part 1
B: classified by the Minister for Land Information as a deemed accommodated activity (subject to all necessary resource consents being obtained) in accordance with Part 1
b: any activity—
i: that, at any time after the commencement of this Act, is necessary for, or reasonably related to, prospecting, exploration, mining operations, or mining (as those terms are defined in section 2(1)
ii: for which an agreement or an arbitral award has been made under Part 2
c: any activity—
i: that, at any time after the commencement of this Act, is necessary for, or reasonably related to, the exercise of a privilege in existence immediately before the effective date and of the rights associated with that privilege, as provided for in section 84(1)
ii: for which an agreement or arbitral award has been made under Part 2
2: Nothing in subsection (1)﻿(a) or (b) limits the discretion of a consent authority—
a: to decline an application for a resource consent; or
b: to impose conditions on the resource consent. RMA permission right
66: Scope of Resource Management Act 1991 permission right
1: An RMA permission right applies to activities that are to be carried out under a resource consent, including a resource consent for a controlled activity, to the extent that the resource consent is for an activity to be carried out within a customary marine title area.
2: A customary marine title group may give or decline permission, on any grounds, for an activity to which an RMA permission right applies.
3: Permission given by a customary marine title group cannot be revoked.
4: An RMA permission right does not apply to the grant or exercise of a resource consent for an accommodated activity.
5: An RMA permission right, or permission given under such a right, does not limit the discretion of a consent authority—
a: to decline an application for a resource consent; or
b: to impose conditions.
6: In this section, consent authority Resource Management Act 1991
67: Procedural matters relevant to exercise of RMA permission right
1: A person seeking to carry out an activity (the applicant
a: must make a request for permission by notice to the relevant customary marine title group; and
b: may do so at any time before the relevant resource consent may commence.
2: The customary marine title group must—
a: notify in writing its decision on a request for permission to—
i: the applicant who gave notice under subsection (1); and
ii: the relevant consent authority; and
b: if permission is given, specify—
i: the activity for which permission is given; and
ii: the applicant who is to have the benefit of the permission; and
iii: the duration of the permission.
3: Unless the customary marine title group has already notified its decision to the applicant under subsection (2), it must do so not later than 40 working days after it receives a notice from the applicant that the applicant has been granted the relevant resource consent (whether or not the applicant had previously notified the customary marine title group of the application).
4: The customary marine title group is to be treated as having given permission for the resource consent, for its duration, if notice of its decision is not received by the applicant in accordance with subsection (3).
5: In subsection (3), the grant of a resource consent means that the consent has been granted and any appeal rights exhausted, and that the resource consent would, but for the requirement for the permission of the customary marine title group, commence under section 116
68: Effect of RMA permission right
1: The holder of a resource consent for an activity in a customary marine title area to which an RMA permission right applies must not commence the activity to which the consent applied unless—
a: permission has been given by the relevant customary marine title group under section 66(2)
b: the permission covers the activity to which the resource consent applies.
2: To avoid doubt, a decision of a customary marine title group to give or to decline permission for an activity is not subject to—
a: a right of appeal; or
b: a right of objection under section 357 357A
69: Offence and penalty provision
1: In relation to an activity to which an RMA permission right applies, it is an offence to commence the activity in the relevant customary title area unless the relevant customary marine title group has given permission under section 66(2) section 67(4)
2: Every person who commits an offence against subsection (1) is liable, on
a: in the case of a natural person, to imprisonment for a term not exceeding 2 years or a fine not exceeding $300,000:
b: in the case of a person other than a natural person, to a fine not exceeding $600,000.
3: A person convicted of an offence under this section is also liable for the full value of—
a: any revenue or profits earned by, or accruing to, the offender as a result of the offence; or
b: any revenue or profits lost by the customary marine title group as a result of the offence; or
c: any savings in costs made by, or accruing to, the offender as a result of the offence.
4: If a person is convicted of an offence under this section and a fine is imposed, the Environment Court must—
a: deduct 10% from the total sum of the fine imposed and the full amount payable under subsection (3), to be credited to the Crown Bank Account; and
b: order that the balance of the total sum described in paragraph (a) be paid—
i: in full to the relevant customary marine title group that brought the prosecution; or
ii: if another person or group brought the prosecution, to that person and the relevant customary marine title group in any proportion that the Environment Court directs.
5: Proceedings under this section and section 70
a: by an Environment Judge sitting alone; or
b: in the District Court and, unless the Chief District Court Judge directs otherwise, by a District Court Judge who is an Environment Judge. Section 69(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
70: Environment Court may make enforcement orders
1: Subsection (3) applies only if, in relation to the exercise of a resource consent,—
a: the RMA permission right is applicable; and
b: a resource consent is exercised without the permission of the customary marine title group being obtained.
2: If proceedings for an offence are commenced in the Environment Court, the Criminal Procedure Act 2011
3: The Environment Court may make enforcement orders to—
a: prohibit a person from continuing the activity:
b: require a person to remove any structure or other work or materials from the customary marine title area:
c: require a person to rectify any adverse effects of the activity on the customary marine title area. Section 70(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Conservation permission right
71: Scope and effect of conservation permission right
1: A conservation permission right enables a customary marine title group to give or decline permission, on any grounds, for the Minister of Conservation or the Director-General, as the case requires, to proceed to consider an application or proposal for a conservation activity specified in subsection (3).
2: A conservation permission right applies only in the case of an application or proposal made on or after the effective date.
3: The conservation activities to which a conservation permission right applies are activities wholly or partly within the relevant customary marine title area and for which—
a: an application is made under section 5
b: a proposal is made under the enactments relevant to a conservation protected area to declare or extend a conservation protected area:
c: an application for a concession is made.
4: Permission given by a customary marine title group cannot be revoked.
5: A conservation permission right, or permission given under such a right, does not limit—
a: the discretion of the Minister of Conservation or Director-General, as the case may require,—
i: to decline an application or a proposal; or
ii: to impose conditions, including conditions not sought by the customary marine title group, or more stringent conditions than those it may have sought; or
b: the matters provided for in sections 74 75
6: Nothing in this section or sections 72 73
72: Obligation to refer proposals for conservation activity if conservation permission right applies
1: The Minister of Conservation or Director-General, as the case requires,—
a: must refer an application or a proposal for a conservation activity to the relevant customary marine title group for its consideration, unless the person making the proposal has already sought permission from the customary marine title group; and
b: must not proceed to consider the application or proposal until the written permission of the group for the proposed activity is received by the Minister or Director-General; and
c: must not approve an application or a proposal except to the extent that any permission given by the customary marine title group covers the application or proposal.
2: In referring an application in respect of a marine reserve under subsection (1), the Director-General must include information on—
a: any boundary markers that may be placed in the reserve under section 22
b: any signs that may be erected, or any management that may be carried out, in the reserve under that Act.
3: Permission given under section 71
73: Obligations when conservation permission right is exercised
1: A customary marine title group must, not later than 40 working days after it receives an application or a proposal for its consideration under section 72
a: decide whether to give or decline permission for the Minister of Conservation or Director-General, as the case requires, to proceed to determine the application or proposal; and
b: give written notice of that decision to the Minister of Conservation or Director-General, as the case requires.
2: The group is to be treated as having given permission if advice of its decision under subsection (1)﻿(a) is not received under subsection (1)﻿(b) within the stated time.
3: To avoid doubt,—
a: the group is not obliged to comply with any obligations arising under the enactments listed in section 71(3)
b: there is no right of appeal against the decision of a customary marine title group in the exercise of its conservation permission right. Protection purposes
74: Priority of protection purposes
1: This section applies to a proposal—
a: to declare or extend a marine reserve that is wholly or partly in a customary marine title area; or
b: to declare or extend a conservation protected area that is wholly or partly in a customary marine title area.
2: The Minister of Conservation or the Director-General, as the case requires, may proceed with a proposal described in subsection (1) without the permission of the relevant customary marine title group if the Minister or Director-General is satisfied that the proposal is for a protection purpose that is of national importance.
75: Matters relevant to determining protection purposes
In making a determination under section 74(2)
a: the views of the customary marine title group on the effects of the proposal on the interests of the group; and
b: whether the proposal minimises as far as practicable any adverse effects on the interests of the group; and
c: whether there are no practicable options for achieving a protection purpose that is of national importance, other than within the customary marine title area, because—
i: the protection relates to a unique or rare habitat, ecosystem, feature, or area of scientific value; or
ii: the area is nationally important for the conservation of a species; or
iii: protection of the area is essential for the viability, integrity, or effective management of a nationally important—
A: conservation protected area:
B: marine reserve:
C: network of such protected areas; or
iv: the protection relates to a habitat, ecosystem, or species that occurs at a number of sites where it is not practicable to achieve the protection purposes; and
d: any other matter similar in nature to the matters set out in paragraphs (a) to (c). Marine mammal watching permits
76: Decisions on grant of marine mammal permits
1: Before the Director-General determines an application under the Marine Mammals Protection Regulations 1992
a: give written notice to the customary marine title group relevant to that area—
i: of the proposed permit; and
ii: that the Director-General seeks its views (which must be given within 40 working days of that notice being received); and
b: recognise and provide for the views of the group on the proposed permit, if they are provided within the specified time.
2: The obligation under subsection (1)﻿(b) does not limit the discretion of the Director-General to—
a: approve or decline an application on the grounds set out in the Marine Mammals Protection Regulations 1992
b: impose any conditions on a permit that the Director-General thinks fit.
3: The notice must include a copy of the proposed permit and sufficient information to enable the customary marine title group to provide its views on the application. New Zealand coastal policy statement
77: Consultation
If the Minister of Conservation is proposing to prepare, issue, change, review, or revoke a New Zealand coastal policy statement under section 57 Wāhi tapu protection right
78: Protection of wāhi tapu and wāhi tapu areas
1: A customary marine title group may seek to include recognition of a wāhi tapu or a wāhi tapu area—
a: in a customary marine title order; or
b: in an agreement.
2: A wāhi tapu protection right may be recognised if there is evidence to establish—
a: the connection of the group with the wāhi tapu or wāhi tapu area in accordance with tikanga; and
b: that the group requires the proposed prohibitions or restrictions on access to protect the wāhi tapu or wāhi tapu area.
3: If a customary marine title is recognised under subpart 1 2 section 79
79: Wāhi tapu conditions
1: The wāhi tapu conditions that must be set out in a customary marine title order or an agreement are—
a: the location of the boundaries of the wāhi tapu or wāhi tapu area that is the subject of the order; and
b: the prohibitions or restrictions that are to apply, and the reasons for them; and
c: any exemption for specified individuals to carry out a protected customary right in relation to, or in the vicinity of, the protected wāhi tapu or wāhi tapu area, and any conditions applying to the exercise of the exemption.
2: Wāhi tapu conditions—
a: may affect the exercise of fishing rights, but must not do so to the extent that the conditions prevent fishers from taking their lawful entitlement in a quota management area or fisheries management area; and
b: do not affect the exercise of kaitiakitanga by a customary marine title group in relation to a wāhi tapu or wāhi tapu area in the customary marine title area of that group.
3: A customary marine title group may seek to vary or revoke a wāhi tapu condition by applying to—
a: vary a recognition order under section 111
b: vary an agreement.
4: In this section, fisheries legislation
a: the Fisheries Act 1983
b: the Fisheries Act 1996
c: regulations made under those Acts.
80: Wardens and fishery officers
1: Wardens may be appointed by a customary marine title group with an interest in a wāhi tapu or wāhi tapu area, in accordance with regulations made under section 118 section 79
2: A warden appointed under subsection (1) is responsible to the customary marine title group for the following functions:
a: to assist in implementing any prohibition or restriction:
b: to enter a wāhi tapu or wāhi tapu area for the purpose of performing the warden's functions:
c: to advise members of the public of any applicable prohibition or restriction:
d: to warn a person to leave a wāhi tapu or wāhi tapu area:
e: to record—
i: any failure to comply with a prohibition or restriction if the warden has reason to believe that the failure is intentional; and
ii: the name, contact details, and date of birth of a person who the warden has reason to believe is intentionally failing to comply with a prohibition or restriction:
f: to report to a constable any failure to comply with a prohibition or restriction in any case where the warden has reason to believe that the failure is intentional.
3: Fishery officers and honorary fishery officers may enforce wāhi tapu conditions imposed under section 79
4: For the purpose of subsection (3), fishery officers and honorary fishery officers may enter a wāhi tapu or wāhi tapu area—
a: to assist in implementing a prohibition or restriction:
b: to advise fishers of any applicable prohibition or restriction:
c: to warn fishers to leave the wāhi tapu or wāhi tapu area:
d: to record any failure of a fisher, and the details of that fisher, to comply with a prohibition or restriction, if the officer has reason to believe the failure is intentional:
e: to report any such failure to a constable.
5: In this section, fishery officer honorary fishery officer fishing section 2(1)
81: Compliance
1: A local authority that has statutory functions in the location of a wāhi tapu or wāhi tapu area that is subject to a wāhi tapu protection right must, in consultation with the relevant customary marine title group, take any appropriate action that is reasonably necessary to encourage public compliance with any wāhi tapu conditions.
2: Every person commits an offence who intentionally fails to comply with a prohibition or restriction notified for that wāhi tapu or wāhi tapu area, and is liable on
3: Despite subsection (2), the offence provisions of the Heritage New Zealand Pouhere Taonga Act 2014 section 39
4: To avoid doubt, it is not an offence for a person to do anything that is inconsistent with the prohibition or restriction included in the wāhi tapu conditions if—
a: the person is carrying out an emergency activity (within the meaning of section 63
b: the person has an exemption notified under section 79(1)﻿(c) Section 81(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 81(3) replaced 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 Ngā taonga tūturu
82: Newly found taonga tūturu
1: Any taonga tūturu found in a customary marine title area on or after the effective date is prima facie the property of the relevant customary marine title group.
2: Accordingly, section 11(1)
3: Any person finding a taonga tūturu in a customary marine title area has a duty to notify the finding within 28 days, in accordance with section 11(3)
4: The obligations of the chief executive under section 11(4)
a: the relevant customary marine title group is entitled to have interim custody of the taonga tūturu, at the discretion of the chief executive and subject to any conditions that the chief executive considers fit; and
b: the public notice given by the chief executive must provide for a period of 6 months from the date of the notice for any claims of ownership to the taonga tūturu to be lodged.
5: To avoid doubt, the discretion conferred on the chief executive or other person by section 11(2)
6: If no competing claims have been lodged with the chief executive after 6 months from the date of the notice given under subsection (4)﻿(b), the relevant customary marine title group becomes the owner of the taonga tūturu.
7: If competing claims are lodged in respect of the taonga tūturu within the specified time,—
a: the relevant customary marine title group must be treated as having also lodged a claim for the ownership of the taonga tūturu; and
b: the ownership of the taonga tūturu must be determined in accordance with sections 11(6) and (7) 12
8: Section 11(8) and (9)
9: In this section, relevant customary marine title group Status of minerals
83: Status of minerals in customary marine title area
1: This section applies on and after the effective date.
2: A customary marine title group has, and may exercise, ownership of minerals (other than petroleum, gold, silver, and uranium existing in their natural condition) that are within the customary marine title area of that group.
3: The reservation of minerals in favour of the Crown continued by section 16(2)
4: This section does not limit or have any effect on section 11(1A) section 3
84: Status of existing privileges within common marine and coastal area
1: Despite section 83(2) and (3) Part 2 section 83
a: privileges in existence immediately before the effective date; and
b: rights that can be exercised under the Crown Minerals Act 1991
c: subsequent rights and privileges granted to those holders or any other person following the exercise of the rights referred to in paragraph (b) (including those provided for by section 32
d: the obligations on those holders or any other person imposed by or under the Crown Minerals Act 1991
e: the exercise by the Crown of its functions and powers under the Crown Minerals Act 1991
2: A customary marine title group is entitled to receive the following royalties:
a: from the Crown, any royalties due to the Crown under the Crown Minerals Act 1991
b: from the regional council, any royalties for sand and shingle taken from the customary marine title area imposed by regulations made under the Resource Management Act 1991
3: Royalties due under subsection (2)—
a: are payable on and after the date on which—
i: a customary marine title order is sealed under section 113
ii: an agreement is brought into effect under section 96(1)﻿(b)
b: must be calculated from the date on which an application is made for—
i: a recognition agreement under section 95
ii: a recognition order under section 100 Planning document
85: Planning document
1: A customary marine title group has a right to prepare a planning document in accordance with its tikanga.
2: The purposes of the planning document are—
a: to identify issues relevant to the regulation and management of the customary marine title area of the group; and
b: to set out the regulatory and management objectives of the group for its customary marine title area; and
c: to set out policies for achieving those objectives.
3: A planning document may include any matter that can be regulated under the enactments specified in subsection (5), including matters that are relevant to—
a: promoting the sustainable management of the natural and physical resources of the customary marine title area; and
b: the protection of the cultural identity and historic heritage of the group.
4: A planning document may relate—
a: only to the customary marine title area of the group; or
b: if it relates to areas outside the customary marine title area, only to the part of the common marine and coastal area where the group exercises kaitiakitanga.
5: The planning document may include only matters that may be regulated under—
a: the Conservation Act 1987 Schedule 1
b: the Heritage New Zealand Pouhere Taonga Act 2014
c: the Local Government Act 2002
d: the Resource Management Act 1991 Section 85(5)﻿(b) amended 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014
86: Lodging and registration of planning document
1: A planning document is of no effect until it is lodged with—
a: the regional council with jurisdiction in the region to which the planning instrument relates; and
b: any of the agencies referred to in sections 88 to 91
c: the chief executive.
2: A document is deemed to be registered on the day that is 20 working days after it is first lodged with an agency.
87: Transitional provision
The obligations arising under sections 89 91 section 86(1) Obligations arising in respect of customary marine title planning documents
88: Obligation on local authorities
1: This section applies if a planning document is lodged with a local authority that has statutory functions in the district or region where the customary marine title area is located.
2: On and after the date that a planning document is registered, the local authority must take the planning document into account when making any decision under the Local Government Act 2002
89: Obligation on
Heritage New Zealand Pouhere Taonga If a customary marine title group lodges a planning document with Heritage New Zealand Pouhere Taonga
a: Heritage New Zealand Pouhere Taonga Heritage New Zealand Pouhere Taonga section 44
b: in the event of an appeal under section 58 Heritage New Zealand Pouhere Taonga Section 89 heading amended 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 Section 89 amended 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 Section 89(a) amended 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 Section 89(b) amended 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014
90: Obligation on Director-General
1: If a customary marine title group lodges a planning document with the Director-General, the Director-General must, on and after the date that a planning document is registered, take into account the relevant matters set out in the document when reviewing or amending a conservation management strategy that directly affects the customary marine title area of the group that lodged the planning document.
2: In this section, conservation management strategy section 2(1)
91: Obligation on Minister of Fisheries
1: If a customary marine title group lodges a planning document with the Minister of Fisheries, the Minister must, on and after the date that the planning document is registered, have regard to the planning document to the extent that it is relevant to fisheries management when setting or varying sustainability measures under section 11(1)
2: This section—
a: does not extend the scope of the rights conferred by section 85 86
b: relates only to matters—
i: included in a planning document that are provided for by the Resource Management Act 1991
ii: that are relevant to fisheries management.
92: Interpretation
In this section and section 93 regional document
a: a regional plan or regional policy statement (within the meanings given in section 43AA
b: a proposed regional plan or proposed policy statement (within the meanings of sections 43AA 43AAC relevant regional document
93: Obligations on regional councils in relation to planning documents
Preliminary obligations
1: A regional council with functions in a region where 1 or more planning documents are registered in accordance with section 86 Identification and application of resource management matters included in planning document
2: Between the time that a planning document is lodged under section 86(1) section 86(2) Resource Management Act 1991
a: the customary marine title area to which the planning document relates; and
b: any parts of the common marine and coastal area to which the planning document relates other than the customary marine title area.
3: When considering, under section 104
4: The obligation under subsection (3) applies only to the matters in respect of which a regional council is able to exercise discretion.
5: The obligation under subsection (3) continues until—
a: a regional document, altered in accordance with this section, becomes operative in accordance with Schedule 1
b: 30 working days after the date that the customary marine title group is informed of the decision under subsection (11) that no alterations are to be made to the relevant regional documents. Obligations with respect to relevant regional documents
6: A regional council must initiate a process to determine whether to alter its relevant regional documents, if and to the extent that any alteration would achieve the purpose of the Resource Management Act 1991
a: recognise and provide for any matters identified under subsection (2)﻿(a); and
b: take into account any matters identified under subsection (2)﻿(b).
7: The process required by subsection (6) may be commenced—
a: at any time after a planning document is registered; but
b: not later than the first proposed change to, or variation or review of, any provision in a relevant regional document that applies to a customary marine title area.
8: In making a determination under subsection (6), a regional council must consider the extent to which alterations must be made to its relevant regional documents to—
a: recognise and provide for the matters in a planning document that relate to the customary marine title area; and
b: take into account the matters in a planning document that relate to the parts of the common marine and coastal area other than the customary marine title area.
9: The obligations on a regional council under subsection (8) must be carried out in accordance with the requirements and procedures that relate to regional documents in—
a: Part 5
b: Schedule 1
10: A regional council may decide, in conducting the process required by subsection (6), not to alter its relevant regional documents, but only on the grounds that the matters in the planning document—
a: are already provided for in a relevant regional document; or
b: would not achieve the purpose of the Resource Management Act 1991
c: would be more effectively and efficiently addressed in another way.
11: If a regional council determines that no alterations should be notified in a proposed policy statement or plan that is notified under clause 5
12: If an application is made to a regional council under Part 2
a: the provisions of Part 2 clause 25
b: if the private plan change is not rejected or treated as a resource consent application, the regional council must adopt the request and initiate the process required by subsection (6).
4: Administrative and miscellaneous matters
Recognition of customary interests
94: Recognition of protected customary rights and customary marine title
1: A protected customary right or customary marine title relating to a specified part of the common marine and coastal area may be recognised by—
a: an agreement made in accordance with section 95 section 96
b: an order of the Court made on an application under section 100
2: A protected customary right or customary marine title may not be recognised in any other way.
1: Recognition agreements
95: Recognition agreements
1: An applicant group and the responsible Minister on behalf of the Crown may enter into an agreement recognising—
a: a protected customary right:
b: customary marine title.
2: Subsection (1) does not apply unless the applicant group, not later than 6 years after the commencement of this Act, has given notice to the responsible Minister of its intention to seek an agreement recognising a protected customary right or customary marine title.
3: Nothing requires the Crown to enter into the agreement, or to enter into negotiations for the agreement: in both cases this is at the discretion of the Crown.
4: The Crown must not enter into an agreement unless the applicant group satisfies the Crown that,—
a: in the case of a protected customary right, the requirements in section 51
b: in the case of customary marine title, the requirements in section 58
96: How recognition agreements to be brought into effect
1: An agreement is of no effect unless and until it is brought into effect,—
a: in the case of an agreement to recognise a protected customary right, on the date prescribed by an Order in Council, which must also specify—
i: the applicant group in sufficient detail to identify it; and
ii: the area to which the agreement relates, with a map or diagram that is sufficient to identify the area; and
b: in the case of an agreement to recognise customary marine title, by an Act of Parliament on the date specified in the enactment.
2: The responsible Minister must introduce legislation into Parliament that contains the full text of the agreement for the purpose of subsection (1)﻿(b).
3: An order under subsection (1)﻿(a) is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 96(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
97: Notification of agreement recognising protected customary rights
The responsible Minister must, without delay, provide a copy of any agreement recognising a protected customary right and brought into effect under section 96(1)﻿(a)
a: the chief executive; and
b: the local authorities that are affected by the agreement; and
c: the Minister of Conservation; and
d: the Minister of Fisheries; and
e: the Minister of Māori Affairs; and
f: any other person who the responsible Minister considers is directly affected by the agreement.
2: Recognition by order of Court
98: Court may recognise protected customary right or customary marine title
1: The Court may make an order recognising a protected customary right or customary marine title (a recognition order
2: The Court may only make an order if it is satisfied that the applicant,—
a: in the case of an application for recognition of a protected customary right, meets the requirements of section 51(1)
b: in the case of an application for recognition of customary marine title, meets the requirements of section 58
3: No other court has jurisdiction to make a recognition order.
4: On and after the commencement of this Act, the jurisdiction of the Court to hear and determine any aboriginal rights claim is replaced fully by the jurisdiction of the Court under this Act.
5: In subsection (4), aboriginal rights claim
a: a rule, principle, or practice of the common law or equity:
b: the Treaty of Waitangi:
c: the existence of a trust:
d: an obligation of any kind.
6: Nothing in this section limits section 10
7: Subsection (3) does not limit section 112
99: Court may refer to Māori Appellate Court or pūkenga for opinion or advice on tikanga
1: If an application for a recognition order raises a question of tikanga, the court may—
a: refer that question in accordance with section 61
b: obtain the advice of a court expert (a pūkenga High Court Rules 2016
2: The opinion of the Māori Appellate Court is binding on the Court but the advice of a pūkenga is not. Section 99(1)﻿(b) amended 18 October 2016 section 183(c) Senior Courts Act 2016 Application for recognition order
100: Who may apply
1: An applicant may apply to the Court—
a: for a recognition order; or
b: to vary or cancel a recognition order.
2: However, the application must be filed not later than 6 years after the commencement of this Act, and the Court must not accept for filing or otherwise consider any application that purports to be filed after that date.
101: Contents of application
An application for a recognition order must—
a: state whether it is an application for recognition of a protected customary right, or of customary marine title, or both; and
b: if it is an application for recognition of a protected customary right, describe that customary right; and
c: describe the applicant group; and
d: identify the particular area of the common marine and coastal area to which the application relates; and
e: state the grounds on which the application is made; and
f: name a person to be the holder of the order as the representative of the applicant group; and
g: specify contact details for the group and for the person named to hold the order; and
h: be supported by an affidavit or affidavits that set out in full the basis on which the applicant group claims to be entitled to the recognition order; and
i: contain any other information required by regulations made under section 118(1)﻿(i)
102: Service of application
The applicant group applying for a recognition order must serve the application on—
a: the local authorities that have statutory functions in the area of the common marine and coastal area to which the application relates; and
b: any local authority that has statutory functions in the area adjacent to the area of the common marine and coastal area to which the application relates; and
c: the Solicitor-General on behalf of the Attorney-General; and
d: any other person who the Court considers is likely to be directly affected by the application.
103: Public notice of application
1: The applicant group applying for a recognition order must give public notice of the application not later than 20 working days after filing the application.
2: The public notice must include, as a minimum,—
a: the name of the applicant group and its description as an iwi, hapū, or whānau, whichever applies; and
b: a brief description of the application, including whether it is an application for recognition of a protected customary right or of customary marine title or both; and
c: a description of the particular area of the common marine and coastal area to which the application relates; and
d: the name of the person who is proposed as the holder of the order; and
e: in the case of an application for recognition of a protected customary right, a description of the right; and
f: a date that complies with subsection (3) for filing a notice of appearance in support of or in opposition to the application; and
g: the registry of the Court for filing the notice of appearance.
3: The date for filing a notice of appearance must not be less than 20 working days after the first public notice of the application is published.
104: Who may appear on application for recognition order
Any interested person may appear and be heard on an application for a recognition order if that person has, by the due date, filed a notice of appearance.
105: Evidence
In hearing an application for a recognition order, the Court may receive as evidence any oral or written statement, document, matter, or information that the Court considers to be reliable, whether or not that evidence would otherwise be admissible.
106: Burden of proof
1: In the case of an application for recognition of protected customary rights in a specified area of the common marine and coastal area, the applicant group must prove that the protected customary right—
a: has been exercised in the specified area; and
b: continues to be exercised by that group in the same area in accordance with tikanga.
2: In the case of an application for the recognition of customary marine title in a specified area of the common marine and coastal area, the applicant group must prove that the specified area—
a: is held in accordance with tikanga; and
b: has been used and occupied by the applicant group, either—
i: from 1840 to the present day; or
ii: from the time of a customary transfer to the present day.
3: In the case of every application for a recognition order, it is presumed, in the absence of proof to the contrary, that a customary interest has not been extinguished.
107: Court's flexibility in dealing with application
1: The Court may, if it considers that an application for recognition of a protected customary right is more appropriately decided as an application for recognition of customary marine title, treat it as the latter.
2: The Court may, if it considers that an application for recognition of customary marine title is more appropriately decided as an application for recognition of a protected customary right, treat it as the latter.
3: The Court may strike out all or part of an application for a recognition order or a notice of appearance filed under section 104
a: discloses no reasonably arguable case; or
b: is likely to cause prejudice or delay; or
c: is frivolous or vexatious; or
d: is otherwise an abuse of the Court.
4: If the Court strikes out an application under subsection (3), it may by the same or a subsequent order dismiss the application.
5: Instead of striking out all or part of an application under subsection (3), the Court may stay all or part of the application on such conditions as are considered just.
6: This section does not affect the Court's inherent jurisdiction.
108: Rules governing procedure
Rules not inconsistent with this Act may be made under section 148 Section 108 amended 1 March 2017 section 183(b) Senior Courts Act 2016 Recognition orders
109: Form of recognition order
1: An applicant group in whose favour the Court grants recognition of a protected customary right or customary marine title must submit a draft order for approval by the Registrar of the Court.
2: Every recognition order must specify—
a: the particular area of the common marine and coastal area to which the order applies; and
b: the group to which the order applies; and
c: the name of the holder of the order; and
d: contact details for the group and for the holder.
3: A protected customary rights order must also include—
a: a description of the right, including any limitations on the scale, extent, or frequency of the exercise of the right; and
b: a diagram or map that is sufficient to identify the area.
4: Every customary marine title order must include—
a: a survey plan that sets out the extent of the customary marine title area, to a standard of survey determined for the purpose by the Surveyor-General; and
b: a description of the customary marine title area; and
c: any prohibition or restriction that is to apply to a wāhi tapu or wāhi tapu area within the customary marine title area.
110: Requirements for notification of orders
1: Not later than 5 working days after a recognition order has been sealed, the Registrar of the Court must provide a copy of it to—
a: the responsible Minister; and
b: the chief executive.
2: The responsible Minister must—
a: publish a minute of the sealed order, including any wāhi tapu conditions, in the Gazette
b: send a copy of the sealed order to—
i: the local authorities that have statutory functions in the area of the common marine and coastal area to which the order applies; and
ii: any local authorities with statutory functions in an area adjacent to the area of the common marine and coastal area to which the order applies; and
iii: the Minister of Conservation; and
iv: the Minister of Māori Affairs; and
v: each person who appeared on the application; and
vi: any other person that the Court directs.
3: If a customary marine title order includes recognition of wāhi tapu or wāhi tapu areas, the responsible Minister must—
a: publicly notify the conditions; and
b: give written notice of the conditions to—
i: the customary marine title group; and
ii: Heritage New Zealand Pouhere Taonga Section 110(3)﻿(b)﻿(ii) amended 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014
111: Recognition order may be varied or cancelled
1: The Court may—
a: vary a recognition order, including—
i: varying any of the matters referred to in section 109(2)
ii: varying or cancelling a protected customary right or customary marine title that has been delegated or transferred under section 53 60(3)
b: cancel a recognition order.
2: However, the Court may vary a recognition order only if the requirements of section 51 58
3: In the case of a variation, the variation—
a: must not have the effect of depriving the group to which the order applied before variation of the benefits of the order; but
b: does not preclude the transfer or delegation of a right in accordance with tikanga.
4: An application for variation or cancellation of a recognition order may be made only by—
a: the holder of the order; or
b: a representative of the group to which the order applies, if the holder—
i: has ceased to exist; or
ii: being a natural person, has died or no longer has legal capacity.
5: The Court must not vary or cancel the order unless it is satisfied that—
a: the applicant is authorised to apply for the variation or cancellation by the group to which the order applies; and
b: the applicant has given sufficient notice of the application to that group; and
c: there has been sufficient opportunity for that group to consider the application and make its views known to the applicant; and
d: that group has no meritorious objections to the application that would require the Court to decline the application.
6: Sections 101 to 108
7: Sections 110 113 Appeal rights
112: Right of appeal against decision of Court
1: A party to a proceeding under this subpart who is dissatisfied with a decision of the Court may appeal to the Court of Appeal on a matter of fact or law.
2: In relation to a proceeding under this subpart, the Crown—
a: may lodge an appeal on a matter of fact or law (whether or not it was a party to the proceedings in the Court) and must be treated as a party to the appeal; or
b: may apply to be an intervener in the proceedings.
3: An appeal made under this section must be commenced by notice of appeal, given in accordance with the Court of Appeal (Civil) Rules 2005 Sealing of recognition orders
113: Orders sealed by Court
A recognition order must be sealed—
a: on the application of the applicant group; but
b: not before the expiry of the appeal period or the disposal of any appeal.
3: Marine and coastal area register
114: Marine and coastal area register
1: The chief executive must keep a marine and coastal area register (the register
a: recognition orders, including those varied or cancelled; and
b: agreements brought into effect, including those varied or cancelled; and
c: planning documents registered in accordance with section 86(2)
d: notices given under section 57 section 56
2: The chief executive must enter a document on the register without delay after—
a: receiving it under section 86 97 110
b: an agreement is brought into force under section 96(1)
3: The chief executive may only enter a document on the register if he or she is satisfied that the document meets all the requirements for registration.
4: No compensation is payable by the Crown for any loss or damage arising from the operation of this section.
115: Requirements for keeping register
1: The register must be held in the safe custody of the chief executive.
2: The register may be kept—
a: in an electronic, electromagnetic, optical, digital, or photographic system or process; or
b: as a paper record; or
c: by other means for recording, reproducing, copying, or storing information; or
d: in any combinations of these processes, systems, or means.
116: Inspection and copying
1: All orders and other documents contained in the register must be available for public inspection and copying, and copies may be supplied to any person upon request on payment of the prescribed fee (if any).
2: The right to inspect and copy orders and other documents includes the right to receive,—
a: in the case of an order or other document that is a paper record, a paper copy of the order or other document; and
b: in the case of an instrument recorded by a process, system, or means other than as a paper record, a paper document that records the content of the instrument.
117: Application of Privacy Act 1993
Section 117 repealed 1 December 2020 section 217 Privacy Act 2020
4: Regulations and miscellaneous matters
Regulations and bylaws
118: Regulations for administrative purposes
1: The Governor-General may, by Order in Council, make regulations for any of the following purposes:
a: prescribing the duties of the chief executive in relation to the register:
b: providing for the appointment of wardens under section 80
c: prescribing additional functions of wardens appointed under section 80
d: prescribing any duties or powers to be exercised by wardens for the purpose of performing their functions:
e: prescribing the means (including, without limitation, identity cards or badges, or both) by which wardens are to be identified:
f: giving directions relating to the management of wardens by a customary marine title group whose customary marine title order includes prohibitions and restrictions in respect of a wāhi tapu or wāhi tapu area:
g: prescribing the steps that a regional council must or may take in undertaking an inquiry under section 19(2)
h: prescribing the fees payable, or the methods or rates by which fees are to be assessed, for—
i: the consideration and processing of applications made, or actions taken, under sections 34 to 45
ii: decisions made under Schedule 2
iii: public inspection and copying of documents on the register:
i: prescribing the information that must be included in applications made under subpart 1 or 2
j: prescribing the information that the chief executive may require for the purposes of section 114
k: providing for any other matters contemplated by this Act or necessary for giving it full effect.
2: Regulations made under subsection (1) must be made on the advice of the Minister of Justice, after consultation with the responsible Minister who must consult with the customary marine title groups that appear to the Minister to be likely to be affected by the regulations.
3: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 118(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
119: Minister of Conservation to perform residual management functions
1: The Minister of Conservation may perform a managerial or administrative function provided for or contemplated by this Act or by any regulations or bylaws made under section 120 121
2: Nothing in this section or in any regulations or bylaws made under section 120 121
3: In performing and exercising the functions, duties, and powers under this section and under sections 120 121 section 4
120: Regulations for management of common marine and coastal area
1: The Governor-General may, by Order in Council made on the recommendation of the Minister of Conservation, make regulations for all or any of the following purposes:
a: the safety and protection of members of the public who exercise rights of access or navigation in or over the common marine and coastal area or any specified part of that area:
b: the preservation or protection of the natural environment of the common marine and coastal area or any specified part of that area:
c: prohibiting or regulating the construction or use of structures in the common marine and coastal area or any specified part of that area, and providing for the removal or destruction of those structures:
d: prohibiting or regulating the placing or deposit of objects in the common marine and coastal area or any specified part of that area, and providing for the removal or destruction of those objects:
e: prescribing offences punishable on
f: providing for any other matters contemplated by this Part, necessary for its administration, or necessary for giving it full effect.
2: The Minister of Conservation must not make a recommendation under subsection (1) unless satisfied that—
a: the proposed regulations are necessary for the proper management of the common marine and coastal area or of the specified part to which the proposed regulations relate; and
b: the objectives of the proposed regulations cannot be, or are not being, achieved under an existing enactment.
3: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 120(1)﻿(e) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 120(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
121: Bylaws
1: The Minister of Conservation may
a: prohibiting or regulating the use or parking of vehicles in a specified part of the common marine and coastal area:
b: regulating the use or mooring of vessels in the specified part of a common marine and coastal area:
c: prohibiting the hovering or landing of any aircraft, as defined in section 2
d: prescribing fines, not exceeding $500 in any one case, for the breach of any bylaws made under this section.
2: The Minister of Conservation must not make any bylaws under subsection (1) unless satisfied that—
a: the proposed bylaws are necessary for the proper management of the specified part of the common marine and coastal area to which the proposed bylaws relate; and
b: the objectives of the proposed bylaws cannot be, or are not being, achieved under an existing enactment.
3: Bylaws under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)﻿(a) cl 14 Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 121(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 121(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
122: Persons breaching regulations or bylaws may be directed to stop
1: If a person in the common marine and coastal area is engaging in an activity that the Director-General or a delegate of the Director-General has reasonable grounds to believe constitutes a breach of any regulations made under section 120 section 121
2: If the Director-General or a delegate of the Director-General has reasonable grounds to believe that the use or the location of a vehicle, vessel, or other moveable thing in the common marine and coastal area constitutes a breach of any regulations made under section 120 section 121
a: take charge, or authorise another person to take charge, of the vehicle, vessel, or thing for the purpose of moving it or preparing it for movement; and
b: move, or authorise another person to move, the vehicle, vessel, or thing to another location.
3: A person who intentionally fails to comply with a direction given under subsection (1) commits an offence and is liable on
4: Every person who fails to comply with a direction given under subsection (1) may be arrested without warrant by any constable.
5: The Director-General may from time to time, either generally or particularly, delegate the power conferred by subsection (1) or (2) to any of the following persons:
a: a warranted officer within the meaning of the Conservation Act 1987
b: employees of local authorities.
6: Subsection (5) does not limit clauses 2 to 4
7: Before a delegate exercises a power under subsection (1) or (2), the delegate must produce his or her warrant of appointment or other evidence of his or her authority. Section 122(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 122(6) amended 7 August 2020 section 135 Public Service Act 2020 Local Acts
123: Relationship between local Acts and this Act
1: If a provision of a local Act is inconsistent with a provision of this Act, the provision of this Act prevails.
2: Despite subsection (1), to the extent that there is any conflict between this Act and the following Acts, those Acts prevail over this Act:
a: the Timaru Harbour Board Act 1876 Amendment Act 1881
b: the Timaru Harbour Board Reclamation and Empowering Act 1980
c: the Wellington Harbour Board and Wellington City Council Vesting and Empowering Act 1987 References
124: References to public foreshore and seabed
1: On and after the commencement of this Act, a reference in any instrument to the public foreshore and seabed is taken to be a reference to the common marine and coastal area unless on the facts of any particular case the relevant part of the public foreshore and seabed is excluded from the common marine and coastal area by or under this Act.
2: Subsection (1) does not apply to any document filed, served, or issued in any proceeding commenced under, or in reliance on, the Foreshore and Seabed Act 2004 Transitional arrangements
125: Pending proceedings under Foreshore and Seabed Act 2004
1: On the commencement of this Act, all applications made under the Foreshore and Seabed Act 2004
2: The High Court must treat applications transferred under subsection (1) as if they were applications made under subpart 2
3: The High Court—
a: must give priority to applications transferred under this section ahead of any applications made under subpart 2
b: may deem any of the steps that are required for a proceeding under the High Court Rules 2016
c: may give directions to applicants to take such steps that, in the opinion of the High Court, are necessary to enable the proceedings to be completed.
4: An application made under section 33 subpart 2 Section 125(3)﻿(b) amended 18 October 2016 section 183(c) Senior Courts Act 2016 Notices
126: Giving of notices
1: If a notice or other document is to be given or served on a person under this Act, it must be given in writing—
a: by personal service; or
b: by registered post addressed to the person at the person's usual or last known place of business or residence; or
c: by service on the person's lawyer or another person authorised to act on behalf of that person; or
d: by registered post to that other person; or
e: by electronic transmission to the person or that person's lawyer or another person authorised to act on behalf of that person, including transmission by fax, electronic mail, or electronic data transfer.
2: A notice or document sent by post or registered post is deemed to have been given or received 7 days after the date on which it was posted, unless the person to whom it was sent proves that, other than through that person's fault, the notice or document was not received. Amendments to other enactments
127: Amendment to section 7 of Conservation Act 1987
1: This section amends the Conservation Act 1987
2: Section 7
1B: In the case of land that is foreshore within the common marine and coastal area, the Minister may declare, by notice in the Gazette 2011-04-01 Conservation Act 1987
128: Consequential amendments to other enactments
The enactments specified in Schedule 3 2011-04-01 Conservation Act 1987 Crown Minerals Act 1991 Fisheries Act 1996 Forest and Rural Fires Act 1977 Hauraki Gulf Marine Park Act 2000 Historic Places Act 1993 Local Government Act 1974 Local Government (Rating) Act 2002 New Zealand Railways Corporation Act 1981 Protected Objects Act 1975 Public Works Act 1981 Resource Management Act 1991 Te Ture Whenua Maori Act 1993 Commodity Levies (Mussel, Oyster, and Salmon) Order 2007 Marine Mammals Protection Regulations 1992 Resource Management (Forms, Fees, and Procedure) Regulations 2003