Marine and Coastal Area (Takutai Moana) Act 2011

If you need more information about this Act, please contact the administering agency: Ministry of Justice

Subpart 2—Protected customary rights

51 Meaning of protected customary rights

(1)

A protected customary right is a right that—

(a)

has been exercised since 1840; and

(b)

continues to be exercised in a particular part of the common marine and coastal area in accordance with tikanga by the applicant group, whether it continues to be exercised in exactly the same or a similar way, or evolves over time; and

(c)

is not extinguished as a matter of law.

(2)

A protected customary right does not include an activity—

(a)

that is regulated under the Fisheries Act 1996; or

(b)

that is a commercial aquaculture activity (within the meaning of section 4 of the Maori Commercial Aquaculture Claims Settlement Act 2004); or

(c)

that involves the exercise of—

(i)

any commercial Māori fishing right or interest, being a right or interest declared by section 9 of the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992 to be settled; or

(ii)

any non-commercial Māori fishing right or interest, being a right or interest subject to the declarations in section 10 of the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992; or

(d)

that relates to—

(i)

wildlife within the meaning of the Wildlife Act 1953, or any animals specified in Schedule 6 of that Act:

(ii)

marine mammals within the meaning of the Marine Mammals Protection Act 1978; or

(e)

that is based on a spiritual or cultural association, unless that association is manifested by the relevant group in a physical activity or use related to a natural or physical resource (within the meaning of section 2(1) of the Resource Management Act 1991).

(3)

An applicant group does not need to have an interest in land in or abutting the specified part of the common marine and coastal area in order to establish protected customary rights.