The Marine and Coastal Area (Takutai Moana) Act 2011 (MACA) creates special requirements for people applying for resource consent in areas where customary interests are, or might be, recognised. The MACA acknowledges the importance of the marine and coastal area to all New Zealanders and provides for the recognition of the customary rights of iwi, hapū and whānau in the common marine and coastal area. Public access to the common marine and coastal area is guaranteed by the MACA. Mechanisms for recognition include the following:
- Protected Customary Rights (PCR) – allows certain traditional practices to be exercised without undue regulatory constraint
- Customary Marine Title (CMT) – a mechanism similar to (but not) ownership
Applications for PCR or CMT could be made under the MACA by one or more iwi, hapῡ or whanaῡ group, and can be made by a legal entity or natural person appointed as representative of one or more of those groups. To have their customary interests in a common area officially recognised, iwi, hapū or whānau could apply by 3 April 2017 in two ways: by applying to the High Court and/or by directly engaging with the Crown.
Before any person may lodge a consent application for a coastal activity that relates to a right conferred by a Customary Marine Title order or agreement, that person must:
(a) confirm that they have notified the applicant groups in the area to which the resource consent application relates and that they have sought the views of those applicant groups; and
(b) provide a list of the applicant groups notified; and
(c) record the views obtained from the applicant groups, describing how those views have influenced the contents of the resource consent application.
A list of CMT applicants for direct engagement in the Wellington region can be found Marine and Coastal List Applications – Courts of New Zealand and Te Tari Whakatau – Applications. These are two separate list and both must be checked.
Te Kete Kōrero a Te Takutai Moana Information Hub has a map showing both applications to Te Tari Whakatau and the High Court.