Marine and Coastal Area (Takutai Moana) Bill

  • not the latest version
64 Customary marine title rights
  • (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 65 to 69); and

    • (b) a conservation permission right (see sections 70 to 74); and

    • (c) a right to protect wāhi tapu and wāhi tapu areas (see sections 77 to 80); and

    • (d) rights in relation to—

      • (i) marine mammal watching permits (see section 75); and

      • (ii) the process for preparing, issuing, changing, reviewing, or revoking a New Zealand coastal policy statement (see section 76); and

    • (e) the prima facie ownership of newly found taonga tūturu (see section 81); and

    • (f) despite section 63(1)(b), 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 82); and

    • (g) the right to create a planning document (see sections 84 to 91).

    (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 98 for recognition of customary marine title and notice has been given in accordance with section 102; or

      • (ii) an applicant group has applied to enter negotiations under section 93.

    (3) Before the person applying for a resource consent, a permit, or an approval may lodge an application, that person must consult the applicant group about the person's proposal to apply for a resource consent.

    (4) The functions of a customary marine title group to give or decline permission under a RMA permission right or conservation permission right do not apply to—

    • (a) activities for which a resource consent, a permit, or an approval, as the case may be, has been obtained before the effective date, whether or not the consent, permit, or approval has been given effect to or exercised before the effective date; or

    • (b) applications made before the effective date for a relevant resource consent or conservation activity, whether or not the application is finally determined before that date.