Marine and Coastal Area (Takutai Moana) Act 2011

9 Interpretation

(1)

In this Act, unless the context otherwise requires,—

accommodated activity has the meaning given in section 64

affected iwi, hapū, or whānau has the meaning given in section 47(1)

agreement means an agreement—

(a)

made under section 95 between an applicant group and the responsible Minister on behalf of the Crown to recognise and provide, as the case may be, for—

(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 of their protected customary rights or customary marine title by—

(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 has the meaning given in section 2(1) of the Resource Management Act 1991

chief executive means the chief executive of Land Information New Zealand

coastal permit has the meaning given in section 87(c) of the Resource Management Act 1991

common marine and coastal area means the marine and coastal area other than—

(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) of the Conservation Act 1987:

(ii)

a national park within the meaning of section 2 of the National Parks Act 1980:

(iii)

a reserve within the meaning of section 2(1) of the Reserves Act 1977; and

(c)

the bed of Te Whaanga Lagoon in the Chatham Islands

concession means a concession granted following the process required by Part 3B of the Conservation Act 1987

consent authority has the meaning given in section 2(1) of the Resource Management Act 1991

conservation area has the meaning given in section 2(1) of the Conservation Act 1987

conservation permission right means the permission right that a customary marine title group may exercise under a customary marine title order or an agreement in relation to the conservation activities specified in section 71(3)

conservation process means any of the conservation processes specified in 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:

(iv)
(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, as applying to an applicant group, protected customary rights group, or customary marine title group, means,—

(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 has the meaning given in section 6(1) of the Local Government Act 2002

Court means the High Court

Crown has the meaning given in section 2 of the Public Finance Act 1989

Crown entity has the meaning given in section 7 of the Crown Entities Act 2004

customary marine title means the customary interests—

(a)

established by an applicant group in accordance with subpart 3 of Part 3; and

(b)

recognised by—

(i)

a customary marine title order; or

(ii)

an agreement

customary marine title area means the part of the common marine and coastal area where a customary marine title order applies or in respect of which an agreement is made and brought into effect

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 means an order of the Court—

(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 has the meaning given in section 65

Director-General means the Director-General of Conservation

effective date means,—

(a)

in the case of a recognition order made under section 98, the date on which the order is sealed under section 113; and

(b)

in the case of an agreement entered into under section 95, the date on which the agreement is brought into effect under section 96(1)

environment has the meaning given in section 2(1) of the Resource Management Act 1991

infrastructure has the meaning given in section 2(1) of the Resource Management Act 1991

kaitiakitanga has the meaning given in section 2(1) of the Resource Management Act 1991

local authority has the meaning given in section 5(1) of the Local Government Act 2002

mana tuku iho means inherited right or authority derived in accordance with tikanga

Māori Appellate Court means the court continued by section 50 of Te Ture Whenua Maori Act 1993

Māori Land Court means the court continued by section 6 of Te Ture Whenua Maori Act 1993

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); and

(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 has the meaning given in section 2(1) of the Crown Minerals Act 1991

plan has the meaning given in section 43AA of the Resource Management Act 1991, and also includes any proposed plan

planning document means the document that may be prepared by a customary marine title group under section 85

privilege, in relation to any mineral,—

(a)

has the same meaning as the definition of existing privilege in section 2(1) of the Crown Minerals Act 1991; and

(b)

also means prospecting, exploration, and mining permits granted under that Act, and their associated mining operations (within the meaning of section 2(1) of that Act)

proposed plan has the meaning given in section 43AAC of the Resource Management Act 1991

protected customary right means an activity, use, or practice—

(a)

established by an applicant group in accordance with subpart 2 of Part 3; and

(b)

recognised by—

(i)

a protected customary rights order; or

(ii)

an agreement

protected customary rights area means the part of the common marine and coastal area where a protected customary rights order or an agreement applies

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 means an order of the Court granted in recognition of the protected customary rights of a protected customary rights group in respect of a protected customary rights area and sealed under section 113

public notice has the meaning given in section 2(1) of the Resource Management Act 1991

quota management system has the meaning given in section 2(1) of the Fisheries Act 1996

recognition order means a protected customary rights order or a customary marine title order, as the case requires, made under section 98(1)

regional council has the meaning given in section 2(1) of the Resource Management Act 1991

regional document has the meaning given in section 92

register means the marine and coastal area register that must be kept by the chief executive in accordance with subpart 3 of Part 4

Registrar means the Registrar-General of Land appointed in accordance with section 231 of the Land Transfer Act 2017

resource consent has the meaning given in section 2(1) of the Resource Management Act 1991

responsible Minister means the Minister of the Crown who, with the authority of the Prime Minister, is for the time being responsible for the administration of any provision in this Act

RMA permission right means the right held by a customary marine title group under a customary marine title order or agreement as provided for in sections 66 to 68

road means—

(a)

a road within the meaning of section 315(1) of the Local Government Act 1974 or section 43(1) of the Government Roading Powers Act 1989; and

(b)

a motorway within the meaning of section 2(1) of the Government Roading Powers Act 1989; and

(c)

the supporting subsoil of any road described in paragraph (a) or (b)

sand has the meaning given in section 2(1) of the Crown Minerals Act 1991

ship has the meaning given in section 2(1) of the Maritime Transport Act 1994

specified freehold land means any land that, immediately before the commencement of this Act, is—

(a)

Maori freehold land within the meaning of section 4 of Te Ture Whenua Maori Act 1993; or

(b)

set apart as a Maori reservation under Te Ture Whenua Maori Act 1993; or

(c)

registered under the Land Transfer Act 2017 and in which a person other than the Crown or a local authority has an estate in fee simple that is registered under that Act; or

(d)

subject to the Deeds Registration Act 1908 and in which a person other than the Crown or a local authority has an estate in fee simple under an instrument that is registered under that Act

structure

(a)

has the meaning given in section 2(1) of the Resource Management Act 1991; and

(b)

includes any breakwater, groyne, mole, or other such structure that is made by people and fixed to land

taonga tūturu has the meaning given in section 2(1) of the Protected Objects Act 1975

territorial authority has the meaning given in section 5(1) of the Local Government Act 2002

territorial sea means the territorial sea of New Zealand as defined by section 3 of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977

tikanga means Māori customary values and practices

wāhi tapu and wāhi tapu area have the meanings given to the terms wahi tapu and wahi tapu area in section 6 of the Heritage New Zealand Pouhere Taonga Act 2014

warden means a person appointed under section 80.

(2)

In Schedule 1 and elsewhere as the context requires, effect has the meaning given in section 3 of the Resource Management Act 1991.

Section 9(1) High Court Rules: repealed, on 18 October 2016, by section 183(c) of the Senior Courts Act 2016 (2016 No 48).

Section 9(1) privilege paragraph (a): amended, on 24 May 2013, by section 65 of the Crown Minerals Amendment Act 2013 (2013 No 14).

Section 9(1) Registrar: amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).

Section 9(1) specified freehold land paragraph (c): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).

Section 9(1) wāhi tapu and wāhi tapu area: amended, on 20 May 2014, by section 107 of the Heritage New Zealand Pouhere Taonga Act 2014 (2014 No 26).