Marine and Coastal Area (Takutai Moana) Act 2011

If you need more information about this Act, please contact the administering agency: Ministry of Justice
52 Scope and effect of protected customary rights

(1)

A protected customary right may be exercised under a protected customary rights order or an agreement without a resource consent, despite any prohibition, restriction, or imposition that would otherwise apply in or under sections 12 to 17 of the Resource Management Act 1991.

(2)

In exercising a protected customary right, a protected customary rights group is not liable for—

(a)

the payment of coastal occupation charges imposed under section 64A of the Resource Management Act 1991; or

(b)

the payment of royalties for sand and shingle imposed by regulations made under the Resource Management Act 1991.

(3)

However, subsections (1) and (2) apply only if a protected customary right is exercised in accordance with—

(a)

tikanga; and

(b)

the requirements of this subpart; and

(c)

a protected customary rights order or an agreement that applies to the customary rights group; and

(d)

any controls imposed by the Minister of Conservation under section 57.

(4)

A protected customary rights group may do any of the following:

(a)

delegate or transfer the rights conferred by a protected customary rights order or an agreement in accordance with tikanga:

(b)

derive a commercial benefit from exercising its protected customary rights, except in relation to the exercise of—

(i)

a non-commercial aquaculture activity; or

(ii)

a non-commercial fishery activity that is not a right or interest subject to the declarations in section 10 of the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992:

(c)

determine who may carry out any particular activity, use, or practice in reliance on a protected customary rights order or agreement:

(d)

limit or suspend, in whole or in part, the exercise of a protected customary right.