Marine and Coastal Area (Takutai Moana) Act 2011

Subpart 1—Recognition agreements

95 Recognition agreements

(1)

An applicant group and the responsible Minister on behalf of the Crown may enter into an agreement recognising—

(a)

a protected customary right:

(b)

customary marine title.

(2)

Subsection (1) does not apply unless the applicant group, not later than 6 years after the commencement of this Act, has given notice to the responsible Minister of its intention to seek an agreement recognising a protected customary right or customary marine title.

(3)

Nothing requires the Crown to enter into the agreement, or to enter into negotiations for the agreement: in both cases this is at the discretion of the Crown.

(4)

The Crown must not enter into an agreement unless the applicant group satisfies the Crown that,—

(a)

in the case of a protected customary right, the requirements in section 51 are met; or

(b)

in the case of customary marine title, the requirements in section 58 are met.