Marine and Coastal Area (Takutai Moana) Act 2011

62 Rights conferred by customary marine title


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 Resource Management Act 1991 (RMA) permission right (see sections 66 to 70); and


a conservation permission right (see sections 71 to 75); and


a right to protect wāhi tapu and wāhi tapu areas (see sections 78 to 81); and


rights in relation to—


marine mammal watching permits (see section 76); and


the process for preparing, issuing, changing, reviewing, or revoking a New Zealand coastal policy statement (see section 77); and


the prima facie ownership of newly found taonga tūturu (see section 82); and


the ownership of minerals other than—


minerals within the meaning of section 10 of the Crown Minerals Act 1991; or


pounamu to which section 3 of the Ngai Tahu (Pounamu Vesting) Act 1997 applies (see section 83); and


the right to create a planning document (see sections 85 to 93).


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—


no customary marine title order or agreement applies; but




an applicant group has applied to the Court under section 100 for recognition of customary marine title and notice has been given in accordance with section 103; or


an applicant group has applied to enter negotiations under section 95.


Before a person may lodge an application that relates to a right conferred by a customary marine title order or agreement, that person must—


notify the applicant group about the application; and


seek the views of the group on the application.