Marine and Coastal Area (Takutai Moana) Act 2011

Part 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 and restores any customary interest extinguished by that Act; and

(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 sets out the legal arrangements that are to apply to the common marine and coastal area, including,—

(a)

in subpart 1, provision for—

(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, provision for ongoing public rights and powers in the common marine and coastal area, namely,—

(i)

rights of access; and

(ii)

rights of navigation; and

(iii)

rights of fishing; and

(c)

in subpart 3, provisions relating to the reclamation of land from the marine and coastal area.

(4)

Part 3 sets out the customary interests that may be recognised in the common marine and coastal area of New Zealand, namely,—

(a)

in subpart 1, the participation of affected iwi and hapū in the specified conservation processes relating to the common marine and coastal area; and

(b)

in subpart 2, the scope and effect of protected customary rights that may be recognised by an order of the High Court or under an agreement; and

(c)

in subpart 3, the scope and effect of customary marine title that may be recognised by order of the High Court or under an agreement.

(5)

Part 4 provides,—

(a)

in subpart 1, for the responsible Minister, on behalf of the Crown, to enter into agreements with applicant groups for recognition of—

(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, for the jurisdiction of the High Court to hear and determine applications for recognition orders; and

(c)

in subpart 3, for a marine and coastal area register to be set up for the recording of orders awarded, and agreements made, under subparts 1 and 2; and

(d)

in subpart 4, for regulation-making and bylaw-making powers, the giving of notices, transitional matters, and consequential amendments.

(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.