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

(1)

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

(a)

in a customary marine title order; or

(b)

in an agreement.

(2)

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

(a)

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

(b)

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

(3)

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.