Marine and Coastal Area (Takutai Moana) Act 2011

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) permission right (see sections 66 to 70); and

(b)

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

(c)

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

(d)

rights in relation to—

(i)

marine mammal watching permits (see section 76); and

(ii)

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

(e)

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

(f)

the ownership of minerals other than—

(i)

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

(ii)

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

(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 for recognition of customary marine title and notice has been given in accordance with section 103; or

(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.