Marine and Coastal Area (Takutai Moana) Act 2011

  • not the latest version
106 Burden of proof

(1)

In the case of an application for recognition of protected customary rights in a specified area of the common marine and coastal area, the applicant group must prove that the protected customary right—

(a)

has been exercised in the specified area; and

(b)

continues to be exercised by that group in the same area in accordance with tikanga.

(2)

In the case of an application for the recognition of customary marine title in a specified area of the common marine and coastal area, the applicant group must prove that the specified area—

(a)

is held in accordance with tikanga; and

(b)

has been used and occupied by the applicant group, either—

(i)

from 1840 to the present day; or

(ii)

from the time of a customary transfer to the present day.

(3)

In the case of every application for a recognition order, it is presumed, in the absence of proof to the contrary, that a customary interest has not been extinguished.