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

Ngā taonga tūturu

82 Newly found taonga tūturu

(1)

Any taonga tūturu found in a customary marine title area on or after the effective date is prima facie the property of the relevant customary marine title group.

(2)

Accordingly, section 11(1) of the Protected Objects Act 1975 does not apply to taonga tūturu to which subsection (1) applies.

(3)

Any person finding a taonga tūturu in a customary marine title area has a duty to notify the finding within 28 days, in accordance with section 11(3) of the Protected Objects Act 1975.

(4)

The obligations of the chief executive under section 11(4) of the Protected Objects Act 1975 apply, but with the following modifications:

(a)

the relevant customary marine title group is entitled to have interim custody of the taonga tūturu, at the discretion of the chief executive and subject to any conditions that the chief executive considers fit; and

(b)

the public notice given by the chief executive must provide for a period of 6 months from the date of the notice for any claims of ownership to the taonga tūturu to be lodged.

(5)

To avoid doubt, the discretion conferred on the chief executive or other person by section 11(2) of the Protected Objects Act 1975 to apply to the Māori Land Court also applies under this section.

(6)

If no competing claims have been lodged with the chief executive after 6 months from the date of the notice given under subsection (4)(b), the relevant customary marine title group becomes the owner of the taonga tūturu.

(7)

If competing claims are lodged in respect of the taonga tūturu within the specified time,—

(a)

the relevant customary marine title group must be treated as having also lodged a claim for the ownership of the taonga tūturu; and

(b)

the ownership of the taonga tūturu must be determined in accordance with sections 11(6) and (7) and 12 of the Protected Objects Act 1975.

(8)

Section 11(8) and (9) of the Protected Objects Act 1975 apply to the finding of taonga tūturu to which this section applies.

(9)

In this section, relevant customary marine title group means the group that holds a customary marine title order or has entered into an agreement in relation to the part of the common marine and coastal area where the taonga tūturu is found.