Marine and Coastal Area (Takutai Moana) Act 2011

Reprint as at 1 April 2014

Marine and Coastal Area (Takutai Moana) Act 2011

Public Act2011 No 3
Date of assent31 March 2011
Commencementsee section 2

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry of Justice.


Contents

1 Title

2 Commencement

Part 1
Preliminary provisions

Outline

3 Outline of Act

Purpose and acknowledgements

4 Purpose

5 Repeal of Foreshore and Seabed Act 2004

6 Customary interests restored

7 Treaty of Waitangi (te Tiriti o Waitangi)

8 Rights and obligations under international law not affected

9 Interpretation

10 Act binds the Crown

Part 2
Common marine and coastal area

Subpart 1Interests in common marine and coastal area

11 Special status of common marine and coastal area

12 Areas acquiring status under certain enactments may vest in Crown

13 Boundary changes of marine and coastal area

14 Roads located in marine and coastal area

15 No ownership in road that becomes part of common marine and coastal area

16 Continued Crown ownership of minerals

17 Additions to common marine and coastal area

18 Rights of owners of structures

19 Crown deemed to be owner of abandoned structures

20 Act does not affect existing resource consents or lawful activities

21 Certain proprietary interests to continue

22 Provisions relating to computer freehold registers wholly in common marine and coastal area

23 Provisions relating to computer freehold register to land in common marine and coastal area and land above line of mean high-water springs

24 Exclusion of interests in marine and coastal area founded on adverse possession or prescriptive title

25 Local authorities may apply to Minister for redress for loss of divested areas

Subpart 2Public rights and powers over common marine and coastal area

Rights of access

26 Rights of access

Rights of navigation

27 Rights of navigation within marine and coastal area

Rights of fishing

28 Fishing rights preserved

Subpart 3Reclaimed land

29 Interpretation

30 Certain reclaimed land to vest in Crown

31 New status of existing reclaimed land

32 Minister may declare reclaimed land to be subject to Land Act 1948

33 Minister to administer reclaimed land subject to this subpart

34 Granting and disposition of interests in reclaimed land subject to this subpart

35 Eligible applicants for interests in reclaimed land subject to this subpart

36 Determination of application by Minister

37 Presumption that certain applicants to be granted freehold interest in reclaimed land subject to this subpart

38 Notification of determination and variation

39 Vesting of interest in reclaimed land subject to this subpart

40 Application for renewal of interests less than freehold

41 Pending applications under Resource Management Act 1991 that relate to reclaimed land

42 Savings

43 Land reclaimed from customary marine title areas by customary marine title groups

Rights of first refusal

44 Restrictions on disposition of freehold interest

45 Offers to Minister, iwi or hapū, or public

Part 3
Customary interests

46 Overview of this Part

Subpart 1Participation in conservation processes in common marine and coastal area

47 Participation in conservation processes

48 Notification of conservation process

49 Obligation on decision maker

50 Stranded marine mammals

Subpart 2Protected customary rights

51 Meaning of protected customary rights

52 Scope and effect of protected customary rights

53 Delegations and transfers of protected customary rights

54 Limitations on exercise of protected customary rights

55 Effect of protected customary rights on resource consent applications

Controls

56 Controls on exercise of protected customary rights

57 Notification of controls

Subpart 3Customary marine title

Determination of whether customary marine title exists

58 Customary marine title

59 Matters relevant to whether customary marine title exists

Rights under customary marine title

60 Scope and effect of customary marine title

61 Delegation and transfer

62 Rights conferred by customary marine title

Accommodated activities

63 Interpretation

64 Accommodated activities

65 Deemed accommodated activities

RMA permission right

66 Scope of Resource Management Act 1991 permission right

67 Procedural matters relevant to exercise of RMA permission right

68 Effect of RMA permission right

69 Offence and penalty provision

70 Court may make enforcement orders

Conservation permission right

71 Scope and effect of conservation permission right

72 Obligation to refer proposals for conservation activity if conservation permission right applies

73 Obligations when conservation permission right is exercised

Protection purposes

74 Priority of protection purposes

75 Matters relevant to determining protection purposes

Marine mammal watching permits

76 Decisions on grant of marine mammal permits

New Zealand coastal policy statement

77 Consultation

Wāhi tapu protection right

78 Protection of wāhi tapu and wāhi tapu areas

79 Wāhi tapu conditions

80 Wardens and fishery officers

81 Compliance

Ngā taonga tūturu

82 Newly found taonga tūturu

Status of minerals

83 Status of minerals in customary marine title area

84 Status of existing privileges within common marine and coastal area

Planning document

85 Planning document

86 Lodging and registration of planning document

87 Transitional provision

Obligations arising in respect of customary marine title planning documents

88 Obligation on local authorities

89 Obligation on New Zealand Historic Places Trust

90 Obligation on Director-General

91 Obligation on Minister of Fisheries

92 Interpretation

93 Obligations on regional councils in relation to planning documents

Part 4
Administrative and miscellaneous matters

Recognition of customary interests

94 Recognition of protected customary rights and customary marine title

Subpart 1Recognition agreements

95 Recognition agreements

96 How recognition agreements to be brought into effect

97 Notification of agreement recognising protected customary rights

Subpart 2Recognition by order of Court

98 Court may recognise protected customary right or customary marine title

99 Court may refer to Māori Appellate Court or pūkenga for opinion or advice on tikanga

Application for recognition order

100 Who may apply

101 Contents of application

102 Service of application

103 Public notice of application

104 Who may appear on application for recognition order

105 Evidence

106 Burden of proof

107 Court's flexibility in dealing with application

108 Rules governing procedure

Recognition orders

109 Form of recognition order

110 Requirements for notification of orders

111 Recognition order may be varied or cancelled

Appeal rights

112 Right of appeal against decision of Court

Sealing of recognition orders

113 Orders sealed by Court

Subpart 3Marine and coastal area register

114 Marine and coastal area register

115 Requirements for keeping register

116 Inspection and copying

117 Application of Privacy Act 1993

Subpart 4Regulations and miscellaneous matters

Regulations and bylaws

118 Regulations for administrative purposes

119 Minister of Conservation to perform residual management functions

120 Regulations for management of common marine and coastal area

121 Bylaws

122 Persons breaching regulations or bylaws may be directed to stop

Local Acts

123 Relationship between local Acts and this Act

References

124 References to public foreshore and seabed

Transitional arrangements

125 Pending proceedings under Foreshore and Seabed Act 2004

Notices

126 Giving of notices

Amendments to other enactments

127 Amendment to section 7 of Conservation Act 1987

128 Consequential amendments to other enactments

Schedule 1
Resource consents and controls in protected customary rights area

Schedule 2
Process by which certain new activities in customary marine title area become deemed accommodated activities

Schedule 3
Enactments consequentially amended

Reprint notes


  • Preamble

    (1) In June 2003, the Court of Appeal held in Attorney-General v Ngāti Apa [2003] 3 NZLR 643 that the Māori Land Court had jurisdiction to determine claims of customary ownership to areas of the foreshore and seabed. The Foreshore and Seabed Act 2004 (the 2004 Act) was enacted partly in response to the Court of Appeal’s decision:

    (2) In its Report on the Crown’s Foreshore and Seabed Policy (Wai 1071), the Waitangi Tribunal found the policy underpinning the 2004 Act in breach of the Treaty of Waitangi. The Tribunal raised questions as to whether the policy complied with the rule of law and the principles of fairness and non-discrimination against a particular group of people. Criticism was voiced against the discriminatory effect of the 2004 Act on whānau, hapū, and iwi by the United Nations Committee on the Elimination of Racial Discrimination and the United Nations Special Rapporteur:

    (3) In 2009, a Ministerial Review Panel was set up to provide independent advice on the 2004 Act. It, too, viewed the Act as severely discriminatory against whānau, hapū, and iwi. The Panel proposed the repeal of the 2004 Act and engagement with Māori and the public about their interests in the foreshore and seabed, recommending that new legislation be enacted to reflect the Treaty of Waitangi and to recognise and provide for the interests of whānau, hapū, and iwi and for public interests in the foreshore and seabed:

    (4) This Act takes account of the intrinsic, inherited rights of iwi, hapū, and whānau, derived in accordance with tikanga and based on their connection with the foreshore and seabed and on the principle of manaakitanga. It translates those inherited rights into legal rights and interests that are inalienable, enduring, and able to be exercised so as to sustain all the people of New Zealand and the coastal marine environment for future generations:

The Parliament of New Zealand therefore enacts as follows: