Marine and Coastal Area (Takutai Moana) Act, 2011. | Land Portal

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March 2011
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This Act, consisting of 4 Parts and three Schedules, has the following purposes: (a) establish a durable scheme to ensure the protection of the legitimate interests of all New Zealanders in the marine and coastal area of New Zealand; and (b) recognise the mana tuku iho exercised in the marine and coastal area by iwi, hapū, and whānau as tangata whenua; and (c) provide for the exercise of customary interests in the common marine and coastal area; and (d) acknowledge the Treaty of Waitangi (te Tiriti o Waitangi).To that end, this Act: (a) repeals the Foreshore and Seabed Act 2004 and restores customary interests extinguished by that Act; and (b) contributes to the continuing exercise of mana tuku iho in the marine and coastal area; and (c) gives legal expression to customary interests; and (d) recognises and protects the exercise of existing lawful rights and uses in the marine and coastal area; and (e) recognises, through the protection of public rights of access, navigation, and fishing, the importance of the common marine and coastal area— (i) for its intrinsic worth; and (ii) for the benefit, use, and enjoyment of the public of New Zealand.In addition, the Act provides for the participation of affected iwi and hapū in the specified conservation processes relating to the common marine and coastal area; the scope and effect of protected customary rights that may be recognized by an order of the High Court or under an agreement; and the scope and effect of customary marine title that may be recognized by order of the High Court or under an agreement.The Act further provides for: powers of the responsible Minister to enter into agreements with applicant groups for recognition of protected customary rights and customary marine title; the jurisdiction of the High Court to hear and determine applications for recognition orders; a marine and coastal area register to be set up for the recording of orders awarded and agreements made; regulation making powers of the Governor-General; etc.

Implemented by: Marine and Coastal Area (Takutai Moana) Ownership of Structures Regulations 2015. (2015-04-13)
Implemented by: Marine and Coastal Area (Takutai Moana) Reclamation Fees Regulations, 2012. (2012-12-10)

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The Polynesian Maori reached New Zealand in about A.D. 800. In 1840, their chieftains entered into a compact with Britain, the Treaty of Waitangi, in which they ceded sovereignty to Queen Victoria while retaining territorial rights. That same year, the British began the first organized colonial settlement. A series of land wars between 1843 and 1872 ended with the defeat of the native peoples. The British colony of New Zealand became an independent dominion in 1907 and supported the UK militarily in both world wars.

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