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

Subpart 3—Customary marine title

Determination of whether customary marine title exists

58 Customary marine title

(1)

Customary marine title exists in a specified area of the common marine and coastal area if the applicant group—

(a)

holds the specified area in accordance with tikanga; and

(b)

has, in relation to the specified area,—

(i)

exclusively used and occupied it from 1840 to the present day without substantial interruption; or

(ii)

received it, at any time after 1840, through a customary transfer in accordance with subsection (3).

(2)

For the purpose of subsection (1)(b), there is no substantial interruption to the exclusive use and occupation of a specified area of the common marine and coastal area if, in relation to that area, a resource consent for an activity to be carried out wholly or partly in that area is granted at any time between—

(a)

the commencement of this Act; and

(b)

the effective date.

(3)

For the purposes of subsection (1)(b)(ii), a transfer is a customary transfer if—

(a)

a customary interest in a specified area of the common marine and coastal area was transferred—

(i)

between or among members of the applicant group; or

(ii)

to the applicant group or some of its members from a group or some members of a group who were not part of the applicant group; and

(b)

the transfer was in accordance with tikanga; and

(c)

the group or members of the group making the transfer—

(i)

held the specified area in accordance with tikanga; and

(ii)

had exclusively used and occupied the specified area from 1840 to the time of the transfer without substantial interruption; and

(d)

the group or some members of the group to whom the transfer was made have—

(i)

held the specified area in accordance with tikanga; and

(ii)

exclusively used and occupied the specified area from the time of the transfer to the present day without substantial interruption.

(4)

Without limiting subsection (2), customary marine title does not exist if that title is extinguished as a matter of law.