Marine and Coastal Area (Takutai Moana) Act 2011

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

Wāhi tapu protection right

78 Protection of wāhi tapu and wāhi tapu areas


A customary marine title group may seek to include recognition of a wāhi tapu or a wāhi tapu area—


in a customary marine title order; or


in an agreement.


A wāhi tapu protection right may be recognised if there is evidence to establish—


the connection of the group with the wāhi tapu or wāhi tapu area in accordance with tikanga; and


that the group requires the proposed prohibitions or restrictions on access to protect the wāhi tapu or wāhi tapu area.


If a customary marine title is recognised under subpart 1 or 2 of Part 4, the customary marine title order or agreement must set out the wāhi tapu conditions that apply, as provided for in section 79.