Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019

Part 4 Recognition of protected customary activities, wāhi tapu, and customary marine title

Subpart 1—Recognition of protected customary activity

95 Recognition of protected customary activity by the Crown

(1)

The responsible Minister may, on application, enter into a protected customary activity agreement with the relevant hapū to recognise 1 or more hapū of ngā hapū o Ngāti Porou as having 1 or more protected customary activities in an area of ngā rohe moana o ngā hapū o Ngāti Porou.

(2)

An application must be made by the relevant hapū no later than 2 years after the commencement of this Act.

(3)

An application must—

(a)

describe each activity that the relevant hapū wish to have recognised; and

(b)

name each hapū that performs each activity; and

(c)

describe the boundaries of the area where each activity is performed; and

(d)

describe the scale, extent, and frequency of each activity; and

(e)

include evidence that each activity—

(i)

has been performed since 1840; and

(ii)

continues to be performed in a particular part of ngā rohe moana, in accordance with tikanga, by the named hapū that perform the activity, whether it continues to be performed in exactly the same or a similar way, or has evolved over time; and

(iii)

is not performed under a right that has been extinguished as a matter of law.

(4)

The responsible Minister may agree to recognise a protected customary activity only if the Minister is satisfied that the evidence establishes the matters described in subsection (3)(e) in relation to that activity.

(5)

A protected customary activity agreement may specify limitations on the scale, extent, or frequency of the performance of a protected customary activity.

(6)

A protected customary activity agreement cannot recognise an activity that is described in section 99.