Marine and Coastal Area (Takutai Moana) Act 2011

  • This version was replaced on 16 January 2019 to make a correction to section 23(3) under section 25(1)(j)(iv) of the Legislation Act 2012
79 Wāhi tapu conditions

(1)

The wāhi tapu conditions that must be set out in a customary marine title order or an agreement are—

(a)

the location of the boundaries of the wāhi tapu or wāhi tapu area that is the subject of the order; and

(b)

the prohibitions or restrictions that are to apply, and the reasons for them; and

(c)

any exemption for specified individuals to carry out a protected customary right in relation to, or in the vicinity of, the protected wāhi tapu or wāhi tapu area, and any conditions applying to the exercise of the exemption.

(2)

Wāhi tapu conditions—

(a)

may affect the exercise of fishing rights, but must not do so to the extent that the conditions prevent fishers from taking their lawful entitlement in a quota management area or fisheries management area; and

(b)

do not affect the exercise of kaitiakitanga by a customary marine title group in relation to a wāhi tapu or wāhi tapu area in the customary marine title area of that group.

(3)

A customary marine title group may seek to vary or revoke a wāhi tapu condition by applying to—

(a)

vary a recognition order under section 111; or

(b)

vary an agreement.

(4)

In this section, fisheries legislation means—

(a)
(b)
(c)

regulations made under those Acts.