Explanatory note

This note is not part of the rules, but is intended to indicate their general effect.

The High Court may make an order recognising a protected customary right or customary marine title (a recognition order) under subpart 2 of Part 3 of the Marine and Coastal Area (Takutai Moana) Act 2011 (the Act). A recognition order may be varied or cancelled in certain circumstances (section 111 of the Act).

The present rules provide that applications for a recognition order, or to vary or cancel one, must be made by originating application under Part 19 of the High Court Rules. This procedure obviates the need for a notice of proceeding and statement of claim (although the latter may be specially directed under rule 7.9(2)) and empowers a Judge to give directions to secure the just, speedy, and inexpensive determination of an application. The service of an application for a recognition order is already provided for by section 102 of the Act, and the requirement for its public notice is already imposed by section 103.

These rules come into force on 3 November 2011.