Foreshore and Seabed Act 2004

1: Title
This Act is the Foreshore and Seabed Act 2004.
2: Commencement
1: This section and Part 1 Part 2 sections 11 26 27 32 to 45 sections 98 to 103 Schedule 2 sections 43 72 98
2: The rest of this Act comes into force on 17 January 2005.
1: Preliminary provisions
3: Object
The object of this Act is to preserve the public foreshore and seabed in perpetuity as the common heritage of all New Zealanders in a way that enables the protection by the Crown of the public foreshore and seabed on behalf of all the people of New Zealand, including the protection of the association of whānau, hapū, and iwi with areas of the public foreshore and seabed.
4: Purposes
The Act gives effect to the object stated in section 3
a: vesting the full legal and beneficial ownership of the public foreshore and seabed in the Crown; and
b: providing for the recognition and protection of ongoing customary rights to undertake or engage in activities, uses, or practices in areas of the public foreshore and seabed; and
c: enabling applications to be made to the High Court to investigate the full extent of the rights that may have been held at common law, and, if those rights are not able to be fully expressed as a result of this Act, enabling a successful applicant group—
i: to participate in the administration of a foreshore and seabed reserve; or
ii: to enter into formal discussions on redress; and
d: providing for general rights of public access and recreation in, on, over, and across the public foreshore and seabed and general rights of navigation within the foreshore and seabed.
5: Interpretation
In this Act, unless the context otherwise requires,— access rights section 7 applicant group section 33 board
a: that administers the foreshore and seabed reserve; and
b: whose members are appointed in accordance with section 43 Chief Executive Chief Judge section 4 Chief Registrar section 14 customary rights order
a: the Māori Land Court under section 50
b: the High Court under section 74 enactment
a: has the meaning given to it by section 29
b: includes—
i: any bylaws made by a local authority under the authority of an enactment; and
ii: any plan or proposed plan under the Resource Management Act 1991
iii: any resource consent under the Resource Management Act 1991 foreshore and seabed
a: means the marine area that is bounded,—
i: on the landward side by the line of mean high water springs; and
ii: on the seaward side, by the outer limits of the territorial sea; and
b: includes the beds of rivers that are part of the coastal marine area (within the meaning of the Resource Management Act 1991
c: includes the bed of Te Whaanga Lagoon in the Chatham Islands; and
d: includes the air space and the water space above the areas described in paragraphs (a) to (c); and
e: includes the subsoil, bedrock, and other matters below the areas described in paragraphs (a) to (c) foreshore and seabed reserve
a: in respect of which a finding in favour of the applicant group has been made by the High Court under section 33
b: that, by order of the High Court under section 43
i: is set apart and established as a foreshore and seabed reserve; and
ii: is administered by a board whose members are guardians of the reserve guardians holder
a: the legal entity that holds an order made under section 50
b: in relation to an order made under section 74 section 68 kaitiakitanga section 2(1) legal entity
a: the legal entity declared by the Māori Land Court to hold a customary rights order made under section 50
b: the person declared by the High Court to hold a customary rights order made under section 74
c: in relation to an iwi, hapū, or whānau, a legal entity constituted under another enactment; and
d: in relation to a whānau, a natural person local authority section 5(1) management plan section 44 Māori Appellate Court section 50 Māori Land Court section 6 natural and physical resources section 2(1) plan section 2(1) proposed plan section 2(1) public foreshore and seabed
a: means the foreshore and seabed; but
b: does not include any land that is, for the time being, subject to a specified freehold interest public foreshore and seabed register sections 92 93 public notice
a: a principal metropolitan newspaper circulating predominantly in each of the cities of Auckland, Wellington, Christchurch, and Dunedin; and
b: a newspaper circulating predominantly in the area to which the relevant matter applies recognised customary activity section 2(1) Registrar section 4 resource consent section 2(1) road
a: has the same meaning as in section 315(1)
b: includes a motorway within the meaning of section 2(1) Government Roading Powers Act 1989 specified freehold interest
a: an estate in fee simple for which a certificate of title or computer freehold register—
i: has, before that commencement, been issued; or
ii: is, at that commencement, to be issued on the basis of an instrument lodged with the Registrar before that commencement; or
b: Māori freehold land within the meaning of section 4
c: land subject to the Deeds Registration Act 1908 territorial customary rights section 32 territorial sea section 3 tikanga Māori section 4 wāhi tapu section 2 Section 5 road amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
6: Act binds the Crown
This Act binds the Crown.
2: Public foreshore and seabed
Rights of access
7: Rights of access
1: In this section, access rights
a: the right to be in or on the public foreshore and seabed; and
b: the right to enter, remain in, and leave the public foreshore and seabed; and
c: the right to pass and repass in, on, over, and across the public foreshore and seabed; and
d: the right to engage in recreational activities in or on the public foreshore and seabed.
2: Every natural person has access rights in, on, over, or across the public foreshore and seabed.
3: The access rights conferred by subsection (2) may be exercised subject to any authorised limits, including prohibitions, on access that are imposed by or under an enactment, including a notice in the Gazette section 26
4: Unless the enactment or other instrument that authorises a limit of the kind described in subsection (3) otherwise provides, the limit may be applied—
a: to any or all access rights:
b: to any method or methods of exercising access rights:
c: for a definite period or an indefinite period or for periods that arise from time to time:
d: in respect of 1 or more particular areas or a general area. Rights of navigation
8: Rights of navigation within foreshore and seabed
1: Every person has rights of navigation within the foreshore and seabed.
2: The rights conferred by subsection (1) include—
a: a right to pass and repass:
b: a right to temporarily anchor, moor, and ground:
c: a right to load and unload cargo, crew, equipment, and passengers:
d: a right to remain in a place for a convenient time:
e: a right to remain temporarily in a place until wind or weather permits departure or until cargo has been obtained or repairs completed.
3: The rights conferred by subsection (1) include anything reasonably incidental to the rights of navigation.
4: The rights conferred by subsection (1) may be exercised subject to any authorised limits, including prohibitions, on navigation that are imposed by or under an enactment.
5: Unless the enactment or other instrument that authorises a limit of the kind described in subsection (4) otherwise provides, the limit may be applied—
a: to any or all rights of navigation:
b: to any method or methods of exercising rights of navigation:
c: for a definite period or an indefinite period or for periods that arise from time to time:
d: in respect of 1 or more particular areas or a general area.
6: On and from the commencement of this section, the common law rights of navigation are replaced by the rights specified in this section.
7: Nothing in this section affects any obligations that are binding on New Zealand under international law. Rights of fishing
9: Existing fishing rights preserved
Nothing in this Act affects any rights of fishing recognised, immediately before the commencement of this section, by or under an enactment or a rule of law. Act replaces certain jurisdictions in respect of public foreshore and seabed
10: Jurisdiction of High Court
1: On and from the commencement of this section, the jurisdiction of the High Court to hear and determine, whether under an enactment or under any rule of law or by virtue of its inherent jurisdiction, any customary rights claim is replaced fully by the jurisdiction of the High Court under section 33 Part 4 Part 3
2: In this section and in section 11 customary rights claim
a: a rule, principle, or practice of the common law or equity:
b: the Treaty of Waitangi
c: the existence of a trust:
d: an obligation of any kind.
11: Action that must be taken on customary rights claim
If a customary rights claim is lodged in the High Court, whether before or after the commencement of this section, the High Court must not take any action other than one of the following:
a: dismiss the claim; or
b: if appropriate, treat the claim as an application under section 33 Part 4
c: if appropriate, refer the claim to the Māori Land Court for decision under Part 3
12: No jurisdiction of Māori Land Court to consider existing applications relating to foreshore and seabed
The Māori Land Court has no jurisdiction to consider an application, and the application is of no effect, if—
a: the application relates to an area of the public foreshore and seabed; and
b: the application is for—
i: a determination of the status of land under section 18(1)(h)
ii: a determination or a vesting order under section 18(1)(i)
iii: a status order under section 131
iv: an investigation, a determination, or a vesting order under section 132
v: an amendment, under section 138
c: the application is made before the commencement of this section. Ownership and management of public foreshore and seabed
13: Public foreshore and seabed vested in the Crown
1: On and from the commencement of this section, the full legal and beneficial ownership of the public foreshore and seabed is vested in the Crown, so that the public foreshore and seabed is held by the Crown as its absolute property.
2: Subsection (1) replaces all previous statutory vestings in, and acquisitions of title by, the Crown in respect of any area of the foreshore and seabed.
3: Subsection (1) does not affect customary rights that are able to be recognised and protected under Part 3 Part 4
4: The Crown does not owe any fiduciary obligation, or any obligation of a similar nature, to any person in respect of the public foreshore and seabed.
5: The Land Act 1948
14: Public foreshore and seabed not to be alienated
1: Despite any enactment to the contrary, no part of the public foreshore and seabed may be alienated or otherwise disposed of.
2: However, subsection (1) does not prevent the alienation of any part of the public foreshore and seabed—
a: by a special Act of Parliament enacted after the commencement of this section; or
b: under section 355 sections 355AA 355AB
15: Rights of owners of formed roads and roads under construction preserved
1: This subsection applies to any road that—
a: is located in the public foreshore and seabed; and
b: immediately before the commencement of this section, was owned by a person other than the Crown.
2: The ownership of a road to which subsection (1) applies is not affected by section 13
a: has been formed and is being used as a road; or
b: is being formed.
3: However, a road vests in the Crown on the terms stated in section 13
a: in the case of a road of the kind described in subsection (2)(a), the road ceases to be used as a road; or
b: in the case of a road of the kind described in subsection (2)(b), the activities required to form the road are discontinued.
4: Every road to which subsection (1) applies and that, at the commencement of this section, has not been, or is not being, formed vests in the Crown on the terms stated in section 13
5: Nothing in this section affects section 7 section 8
6: In this section, formed section 2(1)
16: Rights of owners of fixtures preserved
Section 13
a: is fixed to, or under or over, any area of the public foreshore and seabed; and
b: immediately before the commencement of this section, was owned by a person other than the Crown.
17: Rights of lessees, licensees, etc, preserved
1: In this section, specified interest
2: A specified interest and any resource consent that, immediately before the commencement of this section, was in effect continues, to the extent to which it is lawful, to have effect according to its tenor.
3: Subsection (2) is subject to section 42
4: Every specified interest that is continued by subsection (2) and that has been granted by a person other than the Crown is deemed to have been granted by the Crown.
5: Every agreement in writing in which the Crown, a Harbour Board, or a local authority agreed to grant a specified interest continues to have effect according to its tenor if the Crown was, immediately before the commencement of this section, bound by the agreement (whether as successor or otherwise).
6: The Minister of Conservation is authorised to execute on behalf of the Crown any instrument or other document that is required to be executed by the Crown in respect of any specified interest.
7: The Minister of Conservation may take any proceedings that are necessary to enforce any condition in a specified interest as if the Minister had granted the specified interest.
8: This section has effect despite sections 13 14
9: Promptly after the commencement of this section, every local authority that has, before that commencement, granted a specified interest must give the Minister of Conservation, through the Director-General of Conservation, notice of that interest and give the Director-General copies of all documents that are relevant to that interest.
18: Land reclaimed before this Act vests in the Crown if not otherwise owned
1: This section applies to any land that—
a: has at any time before the commencement of this section been lawfully or unlawfully reclaimed from the foreshore and seabed; and
b: is not, at that commencement, subject to a specified freehold interest or an estate in fee simple held by a local authority
2: On the commencement of this section, the full legal and beneficial ownership of any land to which this section applies is vested in the Crown, so that the land is held by the Crown as its absolute property.
3: Subsection (2) does not affect the ownership in any structure or thing that is fixed to, or under or over, any land to which this section applies.
4: The land vested by subsection (2) is not part of the public foreshore and seabed.
5: Section 9A of the Foreshore and Seabed Endowment Revesting Act 1991 section 30(2) Section 18(1)(b) amended 1 January 2005 section 60(1) Maori Commercial Aquaculture Claims Settlement Act 2004
19: Status of land not affected if reclaimed, after commencement of this section, from public foreshore and seabed
1: This section applies to any land that has at any time after the commencement of this section been lawfully or unlawfully reclaimed from the public foreshore and seabed.
2: Any land to which this section applies—
a: continues to be vested in the Crown as part of the public foreshore and seabed; and
b: remains subject to this Act.
3: Subsection (2) is subject to any Act that vests, or provides for the vesting of, any land to which this section applies in a person other than the Crown.
4: To avoid any doubt, nothing in subsection (3) applies to any Act that vests, or provides for the vesting of, any land formed by accretion from the public foreshore and seabed.
20: Additions to public foreshore and seabed resulting from activities
1: This section applies if,—
a: under an authority granted by or under an enactment, activities are undertaken on, under, or over the public foreshore and seabed; and
b: as a result of those activities, an area of the public foreshore and seabed that is immediately adjacent to the area in which those activities are carried on becomes raised in height (whether gradually or imperceptibly or otherwise) so as to be above instead of below the line of mean high water springs.
2: Despite any enactment or rule of law to the contrary, if the raising of the area described in subsection (1)(b) was not authorised by the authority referred to in subsection (1)(a), the raised area—
a: continues to be vested in the Crown as part of the public foreshore and seabed; and
b: remains subject to this Act.
3: Sections 355 355AA 355AB
4: In this section, activities
21: Extension of public foreshore and seabed by acquisition of land in private title
1: The Crown may purchase or otherwise acquire the whole or part of a specified freehold interest in any land that is wholly or partly within the foreshore and seabed.
2: Any specified freehold interest purchased or otherwise acquired under subsection (1)—
a: is vested in the Crown on the terms stated in section 13
b: becomes subject to this Act.
22: Provisions relating to certificates of title wholly in public foreshore and seabed
1: The Registrar must, at the request of the Minister of Conservation and without further authority than this section, cancel the whole of any certificate of title or computer freehold register that comprises land that is wholly within the public foreshore and seabed.
2: Immediately upon the cancellation under subsection (1) of a certificate of title or computer freehold register that is subject to a current registered interest or current registered notification, the Registrar must, without further authority than this section,—
a: issue a computer interest register under section 9
b: record on that computer interest register that the land to which the registered interest or notification relates is vested in the Crown by this Act.
3: When the interest or notification for which a computer interest register has been issued in accordance with subsection (2)(a) expires or is extinguished or is otherwise determined, the Registrar must, at the request of the Minister of Conservation and without further authority than this section, cancel the computer interest register.
4: If the Minister of Conservation makes a request under subsection (1) and the part of the public foreshore and seabed concerned is not electronic transactions land as described in section 25
a: produce the duplicate of the certificate of title concerned to the Registrar for cancellation; or
b: certify that the duplicate is unavailable by reason of loss or damage.
23: Provisions relating to certificates of title to land in public foreshore and seabed and land above line of mean high water springs
1: If any certificate of title or computer freehold register comprises any land that is part of the public foreshore and seabed as well as any adjacent land (the adjacent land Cadastral Survey Act 2002
2: On presentation of a plan prepared in accordance with subsection (1), the Registrar, on payment of the appropriate fee, must, despite anything in the Land Transfer Act 1952
a: cancel the certificate of title or computer freehold register that comprises the land within the public foreshore and seabed and the adjacent land; and
b: issue a computer freehold register under section 7
c: note any current registered interest or current registered notification that relates to the adjacent land against that computer freehold register in the order in which it appears on the certificate of title or computer freehold register cancelled under paragraph (a); and
d: issue a computer interest register under section 9
3: To avoid doubt, no action taken under this section is subject to section 11 Part 10
24: Exclusion of interests in foreshore and seabed founded on adverse possession or prescriptive title
1: Despite any other enactment or rule of law, no person may claim an interest in any part of the foreshore and seabed on the ground of adverse possession or prescriptive title.
2: No relief may be claimed by any person for any loss or damage arising from this section.
3: This section does not limit section 33
25: Local authorities may apply to Minister for redress for loss of divested areas
1: A local authority that, as a result of the operation of section 13(1)
2: An application by a local authority under subsection (1)
3: In considering an application by a local authority under subsection (1)
a: if the local authority purchased the relevant land at full market value, compensation is to be paid at current market value:
b: if the local authority did not purchase the relevant land at full market value, redress is limited to compensation for direct financial loss to the local authority arising from the change in ownership, including loss of—
i: any income that the local authority would, but for the operation of section 13(1)
ii: any investment that the local authority made in the land after purchase.
4: No court has jurisdiction to hear any claim in respect of any loss suffered by a local authority as a result of the operation of section 13(1)
26: Access over areas of public foreshore and seabed may be prohibited or restricted
1: If, under section 54(2) Gazette
2: If, under section 78(2) Gazette
3: No restriction or prohibition under subsection (1) or subsection (2) may be inconsistent with any order made under Part 3 Part 4
4: If the Ministers or Minister considers that an exemption from a prohibition or restriction imposed under subsection (1) or subsection (2) is necessary to enable a recognised customary activity to be carried out under an order, the Ministers or Minister may, by notice in the Gazette
5: The Ministers or the Minister responsible for a current notice under subsection (1) or subsection (2) or subsection (4) may, by notice in the Gazette
6: The Minister of Conservation must give public notice of every notice in the Gazette
7: A notice by which a prohibition or restriction is imposed under this section must—
a: specify the area of the public foreshore and seabed to which it relates; and
b: state the reasons for the prohibition or restriction.
8: The Minister of Conservation must give or send a copy of every notice given under this section—
a: to every local authority that has statutory functions in respect of the area to which the notice relates; and
b: to the holder concerned; and
c: to the Chief Executive.
9: Every regional council notified under subsection (8)(a) must take any reasonable action (including, without limitation, the erection of signs and fences) required to implement the restriction or prohibition.
10: Every notice given under any of subsections (1), (2), (4), and (5) is a regulation for the purposes of the Regulations (Disallowance) Act 1989 Acts and Regulations Publication Act 1989
27: Enforcement of section 26
1: Any person who intentionally fails to comply with a prohibition or restriction imposed under section 26
2: A person who is entitled to act under a notice issued under section 26(4)
3: Wardens may, in accordance with regulations made under section 98 section 26
4: A warden appointed under subsection (3) has the following functions:
a: to assist in the implementation under section 26(9)
b: to enter, for the purpose of performing his or her functions, any area of the public foreshore and seabed that is subject to a prohibition or restriction imposed under section 26
c: to advise members of the public of prohibitions or restrictions imposed under section 26
d: to warn a person to leave an area of the public foreshore and seabed in any case where the warden has reason to believe that the person’s presence in the area contravenes a prohibition or restriction imposed under section 26
e: to record any failure to comply with a prohibition or restriction imposed under section 26
f: to report to any constable section 26 Section 27(4)(f) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Other enactments not affected
28: Ownership and administrative functions over public foreshore and seabed to be exercised in accordance with this Act and other enactments
1: The Minister of Conservation has and may exercise in relation to the public foreshore and seabed all the functions, duties, and powers of the Crown as owner of the public foreshore and seabed.
2: In exercising the functions, duties, and powers described in subsection (1), the Minister of Conservation must have particular regard to the object stated in section 3
3: The public foreshore and seabed must be administered in accordance with this section and any other enactment that regulates the use of, or activities on, the foreshore and seabed, whether directly or as land of the Crown.
4: Section 13(1)
5: Section 13(1)
6: Section 13(1)
a: any status that has, by or under an enactment and before the commencement of this section, been accorded to an area of the public foreshore and seabed; or
b: any specific public purpose for which an area of the public foreshore and seabed has, by or under an enactment and before the commencement of this section, been set aside; or
c: a prohibition, limitation, or restriction imposed, by or under an enactment and before the commencement of this section, in respect of an area of the public foreshore and seabed. Civil liability not affected
29: Civil liability not affected
Nothing effected by this Act is to be regarded as—
a: giving rise to any civil liability; or
b: placing any person in breach of a contract, deed, agreement, or other instrument that has effect in respect of the public foreshore and seabed. Consequential repeals
30: Repeal of
Foreshore and Seabed Endowment Revesting Act 1991
1: The Foreshore and Seabed Endowment Revesting Act 1991
2: Despite subsection (1), the Foreshore and Seabed Endowment Revesting Act 1991
a: to which that Act applied immediately before the commencement of this section; and
b: that is not included in the public foreshore and seabed.
31: Section 7 of Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977 repealed
Amendment(s) incorporated in the Act(s) Findings of High Court with respect to territorial customary rights in public foreshore and seabed
32: Meaning of territorial customary rights
1: In this Act, territorial customary rights
a: is founded on the exclusive use and occupation of a particular area of the public foreshore and seabed by the group; and
b: entitled the group, until the commencement of this Part, to exclusive use and occupation of that area.
2: For the purposes of subsection (1)(a), a group may be regarded as having had exclusive use and occupation of an area of the public foreshore and seabed only if—
a: that area was used and occupied, to the exclusion of all persons who did not belong to the group, by members of the group without substantial interruption in the period that commenced in 1840 and ended with the commencement of this Part; and
b: the group had continuous title to contiguous land.
3: In assessing, for the purposes of subsection (1)(b), whether a group had exclusive use and occupation of an area of the public foreshore and seabed, no account may be taken of any spiritual or cultural association with the area, unless that association is manifested in a physical activity or use related to a natural or physical resource.
4: For the purposes of this section, the right of a group to exclusive use and occupation of a particular area of the public foreshore and seabed is not lost merely because rights of navigation have from time to time been exercised in respect of the area.
5: If the area of the public foreshore and seabed over which a group claims a right to exclusive use and occupation was at any time used or occupied by persons who did not belong to the group, the right must be regarded as having been terminated unless those persons—
a: were expressly or impliedly permitted by members of the group to occupy or use the area; and
b: recognised the group’s authority to exclude from the area any person who did not belong to the group.
6: In this section,— contiguous land
a: is contiguous to the area of the public foreshore and seabed in respect of which the application is made or to any significant part of that area; or
b: would, but for the presence of any of the following kinds of land, be contiguous to that area or to any significant part of that area:
i: a marginal strip within the meaning of section 2(1)
ii: an esplanade reserve within the meaning of section 2(1)
iii: a Māori reservation set apart under section 303
iv: a road of any description or a road reserve:
v: any railway line within the meaning of section 4(1)
vi: any reserve similar in nature to any land of a kind described in any of subparagraphs (i) to (v) continuous title
7: To avoid any doubt, in this section, a reference to a member, in relation to a group, includes a past member and a deceased member of the group. Section 32(6) contiguous land amended 1 January 2009 section 63(2) Public Transport Management Act 2008
33: High Court may find that a group held territorial customary rights
The High Court may, on the application of a group, or on the application of a person authorised by the court to represent the group, make a finding that the group (or any members of that group) would, but for the vesting of the full legal and beneficial ownership of the public foreshore and seabed in the Crown by section 13(1)
34: Matters that must be considered and may be taken into account
1: In determining an application under section 33
a: must consider any evidence that it thinks relevant to enable it to assess the applicant group’s claim to exclusive use and occupation of the area in respect of which the application is made; and
b: may, without limitation, take into account—
i: orders issued by the Māori Land Court to recognise ongoing customary rights to undertake particular activities; and
ii: the applicant group’s overall territorial association with the area.
2: Despite section 10 section 33
3: For the purposes of this section, the High Court may receive as evidence any oral or written statement, document, matter, or information that the court considers to be reliable, whether or not that evidence would otherwise be admissible.
4: Subsection (3) is subject to section 9 and section 6
5: To avoid any doubt, the matters described in subsections (1) and (2) may be called in aid of proof but no finding under section 33 section 32 Section 34(4) amended 1 January 2005 section 60(2) Maori Commercial Aquaculture Claims Settlement Act 2004
35: Procedure
The High Court may, in accordance with section 61 section 33
36: Consequence of successful application under section 33
1: If the High Court makes a finding under section 33
a: an order referring the finding to the Attorney-General and the Minister of Māori Affairs; or
b: an order under section 43
2: If the High Court is satisfied that an application referred to in subsection (1) is properly made, the High Court must make the order sought.
3: To avoid doubt, there is no right of appeal in relation to an order of the kind referred to in this section.
37: Reference to Ministers under section 36(1)(a)
1: If a finding is referred to the Attorney-General and Minister of Māori Affairs under section 36(1)(a) section 33
2: An agreement entered into under subsection (1) is of no effect unless, on the joint application of the parties to that agreement the High Court confirms the agreement by order made with the consent of the parties.
3: The High Court must make an order of the kind described in subsection (2) on being satisfied that the agreement—
a: accurately records the terms agreed between the parties; and
b: if applicable, has been ratified in accordance with its terms.
4: If, after making an application under section 36(1)(a)
5: If an application is made to the High Court under subsection (4), and the High Court is satisfied that the applicant group has withdrawn from discussions, the High Court must make the order sought by the applicant group.
6: An order made by the High Court under this section must be sealed before it takes effect.
38: No redress other than that given by the Crown
1: No claim may be made in respect of a finding made under section 33
a: that the Crown may give, on the basis of such a finding, following discussions under section 37(1)
b: provided in accordance with sections 40 to 43
2: If an applicant group applies under section 36(1)(b) section 37(4) section 33
3: No court has jurisdiction to consider the nature or the extent of any matter that the Crown proposes, offers, or gives for the purposes of any redress of the kind described in subsection (1).
39: If no finding made, application may in appropriate cases be considered under Part 3 or Part 4
If the High Court does not make a finding under section 33 Part 3 Part 4
a: treat the application as an application under Part 4
b: refer the application to the Māori Land Court for consideration under Part 3 Foreshore and seabed reserves
40: Purposes and status of foreshore and seabed reserve
1: The purposes of a foreshore and seabed reserve are—
a: to acknowledge the exercise of kaitiakitanga by the applicant group over the specified area of the public foreshore and seabed in respect of which a finding is made by the High Court under section 33
b: to enable that area to be held for the common use and benefit of the people of New Zealand.
2: Neither the guardians of a foreshore and seabed reserve nor the applicant group nor the board is entitled to charge or collect fees or other form of payment from any person or body for the use or occupation of the reserve.
3: The establishment of an area of public foreshore and seabed as a foreshore and seabed reserve does not, except as otherwise expressly provided for in or under this Act, affect—
a: the status of the area as public foreshore and seabed vested in the Crown under section 13(1)
b: the access rights provided for by section 7
c: the rights of navigation provided for by section 8
41: Directions of High Court
1: If an applicant group makes an application under section 36(1)(b) 37(4)
a: a charter by which the board must administer the proposed foreshore and seabed reserve; and
b: the persons or bodies to be represented on the board; and
c: the resources required for the operation of the board and how its costs will be met.
2: The directions of the High Court must be given to—
a: the applicant group on whose behalf the finding is made under section 33
b: the regional council with responsibility under the Resource Management Act 1991
c: the Attorney-General and the Minister of Māori Affairs.
42: Contents of charter
1: Without limiting the matters to be included in the charter, the draft agreement presented to the High Court under section 41
a: must provide for the board to be established as a legal entity; and
b: must specify—
i: the powers, authorities, and discretions to be exercised by the members of the board; and
ii: the number of members that may constitute a board; and
iii: the manner in which new members of the board must be appointed; and
iv: the terms for which the members of the board may be appointed or reappointed; and
v: a policy for the remuneration of members and the payment of members’ out of pocket expenses; and
vi: the circumstances in which a member of a board—
A: ceases to hold office; and
B: may be removed from office; and
vii: the rules of procedure to apply to the meetings of the board; and
viii: the manner in which the charter may be varied; and
ix: the process for the board to follow in the preparation, approval, and review of the management plan for the foreshore and seabed reserve; and
x: the estimated date by which the board is to approve a management plan for the foreshore and seabed reserve; and
xi: a process for the resolution of any disputes.
2: In this section, legal entity Establishment, administration, and functions
43: Establishment of foreshore and seabed reserve and appointment of members of board
1: If the High Court is satisfied that the draft agreement presented under section 41 42
a: set apart and establish as a foreshore and seabed reserve the area of the public foreshore and seabed to which the High Court’s finding relates; and
b: confirm the charter for, and the membership of, the board.
2: The members of the board confirmed by the High Court under subsection (1)(b), and any new members appointed in accordance with the charter, must be known as the guardians of the specified area of the foreshore and seabed that is to be administered by the board as a foreshore and seabed reserve.
44: Preparation of management plan for foreshore and seabed reserve
1: The functions of a board appointed to administer a foreshore and seabed reserve include the preparation, approval, and review of a management plan for the foreshore and seabed reserve, in accordance with this subpart and the procedures set out in the charter provided for in sections 41 42
2: The management plan prepared under subsection (1)—
a: must be prepared in accordance with Part 2
b: must not be inconsistent with the provisions of—
i: the New Zealand coastal policy statement as defined in section 2(1)
ii: any relevant national policy statement. Service and notification
45: Service and notification of orders
1: As soon as is reasonably practicable after the High Court has made an order under section 43
a: publish in the Gazette
b: serve a copy of every order on—
i: every local authority that has responsibility in the area to which the order relates; and
ii: the Chief Executive; and
iii: the Attorney-General, and the Ministers of Conservation and Māori Affairs; and
iv: every person directed by the court to be served; and
c: in the case of an order made under section 43
2: To avoid doubt, there is no right of appeal in relation to an order of the High Court made under section 43
3: Provisions relating to Māori Land Court and orders it may make
1: Jurisdiction of Māori Land Court and application of Te Ture Whenua Maori Act 1993
Jurisdiction of Māori Land Court
46: Jurisdiction of Māori Land Court
1: The Māori Land Court has jurisdiction under this Act to inquire into and determine, in accordance with section 50 section 48(1)
2: However, the Māori Land Court does not have jurisdiction under this Act to make orders or determinations in relation to the public foreshore and seabed, other than—
a: the orders referred to in subsection (1):
b: orders or determinations made under the provisions of Te Ture Whenua Maori Act 1993 section 47(2)
c: orders made under section 53(3)
d: findings made under section 54(1)(b)
e: incidental orders or determinations made under the rules of the Māori Land Court that are reasonably necessary for the court in its inquiry into and determination of applications made under section 48(1)
3: Orders of the Māori Land Court made under this section—
a: take effect in accordance with clause 6
b: must be—
i: pronounced orally in open court; and
ii: recorded in the public foreshore and seabed register. Application of Te Ture Whenua Maori Act 1993
47: Powers and procedures of Māori Land Court
1: Te Ture Whenua Maori Act 1993
2: However, the following provisions of Te Ture Whenua Maori Act 1993
a: sections 7 to 16
b: section 18(1)(e)
c: sections 30 to 30J
d: sections 34 to 36
e: section 38
f: section 40
g: sections 41 42 sections 30 to 30J
h: the provisions of Part 2 sections 30 to 30J
i: the provisions of Part 3
i: only as far as they are applicable under this Act; and
ii: not including sections 72 76 77 79(6) 82 to 87 98(6) to (8), and (9)(e)
j: provisions expressly referred to in this Act.
3: Schedule 1
2: Customary rights orders
Applications to Māori Land Court
48: Applications for orders
1: A whānau, hapū, or iwi, through its authorised representative, may apply to the Māori Land Court for a customary rights order that relates to a specified area of the public foreshore and seabed.
2: An application under subsection (1) must be made not later than 31 December 2015.
49: Limits to jurisdiction of Māori Land Court under this Part
1: Despite section 46(1)
a: that involves the exercise of—
i: any commercial Māori fishing right or interest, being a right or interest declared to be settled in section 9
ii: any non-commercial Māori fishing right or interest, being a right or interest subject to the declarations in section 10
ab: that involves the exercise of any right or interest of Maori in commercial aquaculture activities on or after 21 September 1992, being a right or interest declared to be settled in section 6
b: that is regulated by or under the Fisheries Act 1996
c: if the subject of the application is—
i: wildlife within the meaning of the Wildlife Act 1953 Schedule 6
ii: marine mammals within the meaning of the Marine Mammals Protection Act 1978
2: A customary rights order must not be made in respect of an activity, use, or practice on the basis of a spiritual or cultural association, unless that association is manifested by the relevant whānau, hapū, or iwi in a physical activity or use related to a natural or physical resource. Section 49(1)(ab) inserted 1 January 2005 section 60(3) Maori Commercial Aquaculture Claims Settlement Act 2004
50: Determination of applications for customary rights orders
1: The Māori Land Court may make a customary rights order, but only if it is satisfied that, in accordance with the provisions of section 51
a: the order applies to a whānau, hapū, or iwi; and
b: the activity, use, or practice for which the applicant seeks a customary rights order—
i: is, and has been since 1840, integral to tikanga Māori; and
ii: has been carried on, exercised, or followed in accordance with tikanga Māori in a substantially uninterrupted manner since 1840, in the area of the public foreshore and seabed specified in the application; and
iii: continues to be carried on, exercised, or followed in the same area of the public foreshore and seabed in accordance with tikanga Māori; and
iv: is not prohibited by any enactment or rule of law; and
c: the right to carry on, exercise, or follow the activity, use, or practice has not been extinguished as a matter of law.
2: A prohibition referred to in subsection (1)(b)(iv) does not include a prohibition or restriction imposed by a rule in a plan or proposed plan.
3: The Māori Land Court may, in respect of the whole or part of the same area of the public foreshore and seabed, grant customary rights orders to—
a: more than 1 whānau, hapū, or iwi:
b: any combination of 1 or more whānau, hapū, and iwi.
51: Basis on which customary rights orders determined by Māori Land Court
1: For the purpose of section 50(1)(b)(ii)
2: For the purpose of section 50(1)(c)
a: legal title has been vested by any means in a person or group other than the whānau, hapū, or iwi on whose behalf the order is sought, including—
i: Crown grants made by or under any lawful authority, including ordinances, statutes, or the prerogative; or
ii: the common law; or
iii: a statutory vesting; or
iv: administrative action; or
b: there has been a lawful reclamation of the relevant part of the public foreshore or seabed; or
c: an interest has been established that is legally inconsistent with the activity, use, or practice for which the customary rights order is sought.
3: For the purpose of subsection (2)(c), a resource consent that relates to an area of the public foreshore and seabed specified in an application for a customary rights order does not, of itself, extinguish a right to carry on, exercise, or follow an activity, use, or practice.
4: Subsection (2) applies whether or not legal title has subsequently been resumed by the Crown. Effects
52: Effects of customary rights order
1: The effects of a customary rights order made under this Part are—
a: to confer a right on the whānau, hapū, or iwi on whose behalf the order is made to carry out a recognised customary activity in accordance with sections 17A 17B Schedule 12
b: to enable protection of recognised customary activities under the Resource Management Act 1991
2: A customary rights order may also entitle the whānau, hapū, or iwi on whose behalf the order is made to derive a commercial benefit from carrying out a recognised customary activity under the order.
3: However, the exercise of any recognised customary activity, whether or not a commercial benefit is derived from carrying out the activity, is subject to the scale, extent, and frequency specified for the recognised customary activity in the customary rights order.
4: To the extent that the exercise of a recognised customary activity exceeds the scale, extent, or frequency specified for the activity under the customary rights order, section 17A(1)
53: Powers of holder
1: The holder of a customary rights order may—
a: determine who, in accordance with tikanga Māori, may carry out a recognised customary activity under the order:
b: limit or suspend, in whole or in part, a recognised customary activity carried out under the order—
i: if written approval is given for a resource consent, as provided for by section 107A(1)
ii: for any other reason that accords with tikanga Māori.
2: In exercising the functions or carrying out the duties of the holder under this Act, the holder must act in the best interests of the whānau, hapū, or iwi on whose behalf the relevant customary rights order is made.
3: The Māori Land Court may,—
a: if application is made by a member of the whānau, hapū, or iwi on whose behalf a customary rights order has been made, review the exercise of powers by the holder of that order by requiring the holder—
i: to file in the court a written report:
ii: to appear before the court for questioning on that report or on any matter relating to the holder’s exercise of his or her functions, duties, and powers under this Part; and
b: at any time, enforce the duties of the holder by giving directions. Wāhi tapu
54: Protection of wāhi tapu
1: This section applies if the Māori Land Court—
a: makes a customary rights order in respect of an activity, use, or practice that relates to a wāhi tapu; and
b: in so doing, finds that the access rights provided for by section 7
2: The Māori Land Court must refer a finding of the kind described in subsection (1)(b) to the Minister of Conservation and the Minister of Māori Affairs (the relevant Ministers
3: If a finding is referred to the relevant Ministers under subsection (2),—
a: the relevant Ministers may prohibit or restrict access over an area of the public foreshore and seabed in accordance with section 26
b: no claim may be made against the Crown in respect of that finding. Limitations
55: Limitation on effect of orders
1: The Māori Land Court must not make a customary rights order that restricts, or has the effect of restricting—
a: access rights provided for by section 7
b: rights of navigation provided for by section 8
2: However, a prohibition or restriction imposed under section 26 section 7
56: Limitation on exercise of customary rights order
A recognised customary activity carried out under a customary rights order made under this Part is subject to the controls (if any) imposed by the Minister of Conservation, in consultation with the Minister of Māori Affairs, under Schedule 12
57: Limitation on making exclusive orders
In making a determination under section 50
a: persons who did not belong to the applicant whānau, hapū, or iwi carried on, exercised, or followed that activity, use, or practice in the specified area; and
b: those persons—
i: were not expressly or impliedly permitted by the applicant whānau, hapū, or iwi to carry on, exercise, or follow the activity, use, or practice in the specified area; and
ii: did not recognise the authority of the applicant whānau, hapū, or iwi to prevent any persons who did not belong to the whānau, hapū, or iwi from carrying on, exercising, or following the activity, use, or practice in the specified area. Variation or cancellation of orders
58: Orders may be varied
1: The Māori Land Court may vary an order made under this Part by replacing the holder named in the order with another legal entity to hold the order on behalf of the whānau, hapū, or iwi to whom the order applies.
2: A variation made under subsection (1) must not have the effect of depriving the whānaū, hapū, or iwi of the benefits of the order.
3: Clause 5 section 59
59: Cancellation of customary rights order
1: On application by the holder under section 60
2: However, the Māori Land Court must not cancel an order under subsection (1) in circumstances where the holder has given approval for a resource consent, as provided for by section 107A(1)
a: the relevant resource consent has been granted by the consent authority; and
b: the period for an appeal has expired or any appeal has been determined.
3: If an order is cancelled, the right to carry on, exercise, or follow the activity, use, or practice affected by the cancellation is extinguished, and cannot be revived.
60: Application to vary or cancel orders
1: An application to vary or cancel a customary rights order may be made only by—
a: the holder of the order; or
b: a representative of the whānau, hapū, or iwi to whom the order applies, if the holder—
i: has ceased to exist; or
ii: being a natural person, has died or no longer has legal capacity.
2: A variation or cancellation of an order must be—
a: pronounced orally in open court; and
b: recorded in the public foreshore and seabed register.
3: Section 61 clauses 3 4 5 8
61: Basis for varying or cancelling orders
The Māori Land Court may vary an order under section 58 section 59
a: the applicant is authorised to apply for the variation or cancellation by the whānau, hapū or iwi to whom the order applies; and
b: the applicant has given sufficient notice of the application to the whānau, hapū, or iwi; and
c: there has been sufficient opportunity for the whānau, hapū, or iwi to consider the application and make its views known to the applicant; and
d: no meritorious objections to the application have been received from or on behalf of the whānau, hapū, or iwi that would require the Māori Land Court to decline the application.
3: Procedural matters
Inquiry by way of hearing
62: Inquiry into applications for orders
1: If the Chief Registrar receives objections to an application made under section 48(1) Part 3
2: If no objections to an application for a customary rights order are received, the Māori Land Court must make an order if it is satisfied that it is entitled to do so under section 50 Appeal rights
63: Rights of appeal against decisions of Māori Land Court
1: This section applies to a party to a proceeding that relates to an application for a customary rights order under section 48(1)
2: A party who is dissatisfied with a decision of the Māori Land Court relating to a customary rights order may appeal to the High Court on a matter of fact or law.
3: In a proceeding under this Part, the Crown—
a: may lodge an appeal, whether or not it was a party to the proceeding in the Māori Land Court; and
b: must be treated as a party to the appeal.
4: An appeal made under this section must be commenced by notice of appeal, given in accordance with the rules of the High Court,—
a: within 2 months after the date of the minute of the order appealed from; or
b: within any further period of time allowed by the High Court.
64: When case must be stated to Māori Appellate Court
1: If, in an appeal under section 63(2)
2: Section 61(2) to (4)
65: Further rights of appeal
1: A party who is dissatisfied with a decision of the High Court made under section 63(2)
2: An opinion of the Māori Appellate Court on a question of tikanga Māori referred to it by the High Court under section 64(1)
3: Section 66
4: High Court jurisdiction in relation to customary rights orders
66: Interpretation
In this Part, group of natural persons with a distinctive community of interest group Jurisdiction
67: Jurisdiction of the High Court
The High Court has jurisdiction to inquire into and determine applications for customary rights orders under this Part. Applications to High Court
68: Applications for orders
1: The authorised representative of a group of natural persons with a distinctive community of interest may apply to the High Court for a customary rights order that relates to a specified area of the public foreshore and seabed.
2: An application must be—
a: made not later than 31 December 2015; and
b: filed in the registry of the High Court nearest to the area of the public foreshore and seabed that is the subject of an application for a customary rights order.
69: Contents of applications
1: An application made under section 68
a: a description of the group on whose behalf the application is made; and
b: the particular area of the public foreshore and seabed to which the application relates; and
c: the identity of the person who is proposed to represent the group.
2: An application must be supported by 1 or more affidavits that include—
a: a description of the activity, use, or practice that is claimed to be the subject of a customary right; and
b: the purpose for which the activity, use, or practice is carried on, exercised, or followed; and
c: a description of the distinctive cultural practice that governs the activity, use, or practice; and
d: a description of the scale, extent, and frequency of the activity, use, or practice that is being carried on, exercised, or followed; and
e: other matters relevant to the court’s consideration under section 74
70: Directions as to service
The applicant for a customary rights order under section 68
a: the local authorities that have responsibility for the area of the public foreshore and seabed to which the application relates; and
b: the Minister of Conservation, through the Director-General of Conservation; and
c: the Minister of Māori Affairs through the chief executive of Te Puni Kōkiri; and
d: the Chief Executive; and
e: any person who, in the opinion of the High Court, is likely to be directly affected by the application.
71: Public notice of application
1: The applicant must give public notice of an application made under section 68
2: The public notice must include, without limitation,—
a: a brief description of the application, including a description that identifies the particular area of the public foreshore and seabed to which the application relates; and
b: the name of the applicant and the identity of the group on whose behalf the application is made; and
c: the person proposed to represent the group on whose behalf the application is made; and
d: a description of the activity, use, or practice for which the order is sought; and
e: the date (being not less than 20 working days after the first public notice of the application is published) by which a notice of appearance indicating support for or opposition to the application must be filed in the registry of the High Court in which the proceedings have been filed. Parties
72: Entitlement to appear
1: The only persons entitled to appear and be heard in proceedings relating to an application made under section 68
a: the applicant:
b: members of the group on whose behalf an application is made:
c: those with an interest in the proceeding that is different from an interest in common with the public generally and who,—
i: by the due date, have filed a notice of appearance; or
ii: despite not giving notice by the due date, have leave of the High Court to appear and be heard.
2: Despite subclause (1), the Crown is entitled to be a party to a proceeding relating to an application made under Part 4 Determination of customary rights orders by High Court
73: Limits to jurisdiction of High Court under this Part
1: Despite section 67
a: that, in relation to the same group and the same area of the public foreshore and seabed, is—
i: able to be recognised and protected by an order made by the Māori Land Court under Part 3
ii: the subject of an existing application to the Māori Land Court under section 48(1)
iii: the subject of an existing order made by the Māori Land Court under section 50
b: that is regulated by or under the Fisheries Act 1996
c: that involves the exercise of—
i: any commercial Māori fishing right or interest, being a right or interest declared to be settled in section 9
ii: any non-commercial Māori fishing right or interest, being a right or interest subject to the declarations in section 10
ca: that involves the exercise of any right or interest of Maori in commercial aquaculture activities on or after 21 September 1992, being a right or interest declared to be settled in section 6
d: if the subject of the application is—
i: wildlife within the meaning of the Wildlife Act 1953 Schedule 6
ii: marine mammals within the meaning of the Marine Mammals Protection Act 1978
2: A customary rights order must not be made in respect of an activity, use, or practice on the basis of a spiritual or cultural association, unless that association is manifested by the relevant group in a physical activity or use related to a natural or physical resource. Section 73(1)(ca) inserted 1 January 2005 section 60(4) Maori Commercial Aquaculture Claims Settlement Act 2004
74: Determination of applications for customary rights orders
1: The High Court may make a customary rights order, but only if it is satisfied that, in accordance with the provisions of section 75
a: the order applies to a group of natural persons whose members share a distinctive community of interest; and
b: the activity, use, or practice for which the applicant seeks a customary rights order—
i: is, and has been since 1840, integral to the distinctive cultural practices of the group; and
ii: has been carried on, exercised, or followed, in accordance with the distinctive cultural practices of the group, in a substantially uninterrupted manner since 1840 in the area of the public foreshore and seabed specified in the application; and
iii: continues to be carried on, exercised, or followed in the same area of the public foreshore and seabed in accordance with the distinctive cultural practices of the group; and
iv: is not prohibited by any enactment or rule of law; and
c: the right to carry on, exercise, or follow the activity, use, or practice has not been extinguished as a matter of law.
2: The prohibition referred to in subsection (1)(b)(iv) does not include a prohibition or restriction imposed by a rule in a plan or proposed plan.
3: The High Court may grant customary rights orders to more than 1 group in respect of the whole or part of the same area of the public foreshore and seabed.
4: For the purposes of this section, the High Court may receive as evidence any oral or written statement, document, matter, or information that the court considers to be reliable, whether or not that evidence would otherwise be admissible.
75: Basis on which customary rights orders determined by High Court
1: For the purpose of section 74(1)(b)(ii)
2: For the purpose of section 74(1)(c)
a: legal title has been vested by any means in a person or group other than the group on whose behalf the order is sought, including—
i: Crown grants made by or under any lawful authority, including ordinances, statutes, or the prerogative; or
ii: the common law; or
iii: a statutory vesting; or
iv: administrative action; or
b: there has been a lawful reclamation of the relevant part of the public foreshore or seabed; or
c: an interest has been established that is legally inconsistent with the activity, use, or practice for which a customary rights order is sought.
3: For the purpose of subsection (2)(c), a resource consent that relates to an area of the public foreshore and seabed specified in an application for a customary rights order does not, of itself, extinguish a right to carry on, exercise, or follow an activity, use, or practice.
4: Subsection (2) applies whether or not legal title has subsequently been resumed by the Crown. Effects
76: Effects of customary rights order
1: The effects of a customary rights order made under this Part are—
a: to confer a right on the group on whose behalf the order is made to carry out a recognised customary activity in accordance with sections 17A 17B Schedule 12
b: to enable protection of recognised customary activities under the Resource Management Act 1991
2: A customary rights order may also entitle the group on whose behalf the order is made to derive a commercial benefit from carrying out a recognised customary activity under the customary rights order.
3: However, the exercise of any recognised customary activity, whether or not a commercial benefit is derived from carrying out the activity, is subject to the scale, extent, and frequency specified for the recognised customary activity in the customary rights order.
4: To the extent that the exercise of a recognised customary activity exceeds the scale, extent, or frequency specified for the recognised customary activity in the customary rights order, section 17A(1)
77: Powers of holder
1: The holder of a customary rights order may—
a: determine who, in accordance with the distinctive cultural practices of the group on whose behalf the order was made, may carry out a recognised customary activity under the order:
b: limit or suspend, in whole or in part, a recognised customary activity carried out under the order—
i: if written approval is given for a resource consent, as provided for by section 107A(1)
ii: for any other reason that accords with the distinctive cultural practices of the group.
2: In exercising the functions or carrying out the duties of the holder under this Act, the holder must act in the best interests of the group on whose behalf the relevant customary rights order is made. Sites of significance
78: Protection of sites of significance
1: This section applies if the High Court—
a: makes a customary rights order in respect of an activity, use, or practice that relates to a site of significance; and
b: in so doing, finds that the access rights provided for by section 7
2: The High Court must refer a finding of the kind described in subsection (1)(b) to the Minister of Conservation.
3: If a finding is referred to the Minister of Conservation under subsection (2),—
a: the Minister may prohibit or restrict access over an area of the public foreshore and seabed in accordance with section 26
b: no claim may be made against the Crown in respect of that finding.
4: In this section, site of significance Limitations
79: Limitation on effect of orders
1: The High Court must not make a customary rights order that restricts, or has the effect of restricting—
a: access rights provided for by section 7
b: rights of navigation provided for by section 8
2: However, a prohibition or restriction imposed under section 26 section 7
80: Limitation on exercise of customary rights order
A recognised customary activity carried out under a customary rights order made under this Part is subject to the controls (if any) imposed by the Minister of Conservation under Schedule 12
81: Limitation on making exclusive orders
In making a determination under section 74
a: persons who did not belong to the group carried on, exercised, or followed that activity, use, or practice in the specified area; and
b: those persons—
i: were not expressly or impliedly permitted by the applicant group to carry on, exercise, or follow the activity, use, or practice in the specified area; and
ii: did not recognise the authority of the group to prevent any persons who did not belong to the group from carrying on, exercising, or following the activity, use, or practice in the specified area. Orders of High Court
82: Contents of orders of High Court
1: An applicant who has succeeded in an application under this Part must submit a draft order for approval by the Registrar of the High Court.
2: An order made under this Part must specify—
a: the particular area of the public foreshore and seabed to which the order applies; and
b: the group to which the order applies; and
c: the person declared by the court to hold the order on behalf of the group to whom the order applies.
3: The order must also include a diagram or map that is sufficient to identify the specified area relevant to the customary rights order.
4: In addition, the order must include—
a: a description of the activity, use, or practice that may be carried on, exercised, or followed under the order; and
b: a description of the scale, extent, and frequency of the activity, use, or practice that may be carried on, exercised, or followed under the order, together with a statement of the scale, extent, and frequency of the activity, use, or practice that was, before the commencement of this Part, carried on, exercised, or followed by the group to whom the order applies; and
c: a description of the purpose for which the activity, use, or practice is carried on, exercised, or followed; and
d: a statement that the exercise of a customary activity, use, or practice under the order may be subject to controls imposed by the Minister of Conservation under Schedule 12
83: Commencement of orders
An order of the High Court made under this Part—
a: must be sealed; and
b: cannot be acted upon until it has been recorded on the public foreshore and seabed register.
84: Notification of orders
1: As soon as is reasonably practicable after the High Court has made an order under this Part, the Registrar of the High Court must—
a: publish in the Gazette
b: serve a copy of the sealed order of the High Court on—
i: the local authorities that have responsibility for the area of the public foreshore and seabed to which the order relates; and
ii: the Minister of Conservation, through the Director-General of Conservation; and
iii: the Minister of Māori Affairs, through the chief executive of Te Puni Kōkiri; and
iv: the Chief Executive; and
v: every person directed by the High Court to be served.
2: The copy of the sealed order must be accompanied by a notice that states the date by which an appeal must be lodged.
3: If an order of the High Court is appealed, the Registrar of the High Court must, as soon as is reasonably practicable after the determination of the appeal, give notice of that determination in accordance with subsection (1). Variation and cancellation
85: Orders may be varied
1: The High Court may vary an order made under this Part by replacing the holder named in the order with another person to hold the order on behalf of the group to whom the order applies.
2: A variation made under subsection (1) must not have the effect of depriving the group on whose behalf the order was made of the benefits of the order.
86: Cancellation of orders
1: On application under section 87
2: However, the High Court must not cancel an order under subsection (1) in circumstances where the holder has given approval for a resource consent, as provided for by section 107A(1)
a: the relevant resource consent has been granted by the consent authority; and
b: the period for an appeal has expired or any appeal has been determined.
3: If an order is cancelled, the right to carry on, exercise, or follow the activity, use, or practice affected by the cancellation is extinguished, and cannot be revived.
87: Application to vary or cancel orders
1: An application to vary or cancel a customary rights order may be made to the High Court, but only by—
a: the holder of the order; or
b: a representative of the group to whom the order applies, if the holder—
i: has ceased to exist; or
ii: being a natural person, has died or no longer has legal capacity.
2: Sections 70 to 72
3: Section 89
88: Contents of application to vary or cancel orders
An application to vary or cancel an order must include—
a: a description of the group on whose behalf the application is made; and
b: a description of the area of the public foreshore and seabed to which the application relates; and
c: a description of the person who represents the group; and
d: a description of—
i: the proposed variation or cancellation and the reasons for seeking the variation or cancellation, as the case may be; and
ii: the process that the applicant has undertaken to consult on the proposed variation or cancellation with the group on whose behalf the order is made; and
e: a statement as to the level of support there is within the group for the proposed variation or cancellation, as the case may be.
89: Basis for varying or cancelling orders
The High Court may vary an order made under section 85 section 86
a: the applicant is authorised to apply for the variation or cancellation by the group to whom the order applies; and
b: the applicant has given sufficient notice of the application to that group it represents; and
c: there has been sufficient opportunity for that group to consider the application and make its views known to the applicant; and
d: no meritorious objections to the application have been received from or on behalf of that group that would require the High Court to decline the application. Appeal rights
90: Rights of appeal against decision of High Court
1: A party to a proceeding under this Part who is dissatisfied with a decision of the High Court may appeal to the Court of Appeal on a matter of fact or law.
2: In relation to a proceeding under this Part, the Crown—
a: may lodge an appeal on a matter of fact or law, whether or not it was a party to the proceeding in the High Court; and
b: must be treated as a party to the appeal.
3: An appeal made under this section must be commenced by notice of appeal, given in accordance with the rules of the court,—
a: not later than 2 months after the date of the making of the order appealed from; or
b: within any further period of time allowed by the Court of Appeal. Recording of orders
91: Orders must be recorded in register
After the time allowed for an appeal has expired or an appeal has been disposed of,—
a: the Registrar of the High Court must transmit a sealed copy of the order to the Chief Executive; and
b: the order must be entered in the public foreshore and seabed register.
5: Provisions relating to public foreshore and seabed register, recognition agreements, and other matters
1: Public foreshore and seabed register
92: Public foreshore and seabed register
1: The Chief Executive must keep a public foreshore and seabed register as a permanent record of—
a: the orders made, varied, or cancelled by the Māori Land Court under Part 3
b: the orders made by the High Court under section 43
c: the management plan for a foreshore and seabed reserve prepared under section 44
d: the orders made, varied, or cancelled by the High Court under Part 4
e: agreements entered into under section 96
f: any restrictions or prohibitions on access imposed by the Minister of Conservation under section 26
g: any controls imposed by the Minister of Conservation under Schedule 12
2: The public foreshore and seabed register is in addition to the records of the Māori Land Court.
93: Requirements for keeping public foreshore and seabed register
1: The public foreshore and seabed register kept under section 92
2: The register may be kept—
a: in an electronic, electromagnetic, optical, digital, or photographic process or system; or
b: as a paper record; or
c: by other means for recording, reproducing, copying, or storing information; or
d: in any combination of these processes, systems, or means.
94: Inspection and copying
1: All orders and other documents contained in the public foreshore and seabed register must be available for public inspection and copying, and copies may be supplied to any person upon request upon payment of the prescribed fee (if any).
2: The right to inspect and copy orders and other documents includes the right to receive—
a: in the case of an order or other document that is a paper record, a paper copy of the order or other document; and
b: in the case of an instrument recorded by a process, system, or means other than as a paper record, a paper document that records the content of the instrument and complies with section 93(2)(a) and (b)
95: Application of Privacy Act 1993
The register kept under section 92 section 58
2: Recognition agreements
96: Agreements to recognise territorial customary rights
1: The Attorney-General and the Minister of Māori Affairs may enter into an agreement with a group to recognise that, but for the vesting of the full legal and beneficial ownership of the public foreshore and seabed in the Crown by section 13(1)
2: An agreement reached under subsection (1) is of no effect until,—
a: the applicant group makes an application to the High Court; and
b: the Attorney-General and the Minister of Māori Affairs and the applicant group file affidavits in support of that application; and
c: the High Court confirms by order that the requirements of sections 32 to 34
3: An order made by the High Court under this section must be sealed before it takes effect.
97: Registration and notification of agreements
1: When an agreement has been entered into under section 96
2: As soon as is reasonably practicable after an agreement has been recorded in the public foreshore and seabed register, the Chief Executive must—
a: notify the agreement in the Gazette
b: serve a copy of the agreement on—
i: the local authorities that have responsibility in the area of the public foreshore and seabed to which the agreement relates; and
ii: the Minister of Conservation; and
iii: any other person who, in the opinion of the Chief Executive, is affected by the agreement.
3: Regulations, saving, repeals, and amendments
98: Regulations
1: The Governor-General may, by Order in Council, make regulations for any of the following purposes:
a: prescribing the duties of the Chief Executive in relation to the public foreshore and seabed register:
b: providing for the appointment of wardens under section 27
c: prescribing additional functions of wardens appointed under section 27
d: prescribing any duties or powers to be exercised by wardens for the purpose of performing their functions:
e: prescribing the means (including, without limitation, identity cards or badges, or both) by which wardens are to be identified:
f: providing for any other matters contemplated by this Act or necessary for giving it full effect.
2: Regulations made under subsection (1) must be made on the advice of the Minister of Justice, after consultation with the Minister of Conservation and the Minister of Māori Affairs.
99: Rules governing applications to High Court
1: Every application to the High Court made under this Act must be by filing an originating application.
2: Rules not inconsistent with this Act may be made under section 51C
100: Provision saving Māori reservations
1: This section applies if, before the commencement of this section, any land that is in the public foreshore and seabed has been set apart as Māori reservation—
a: by the Chief Executive of Te Puni Kōkiri under section 338
b: on application of the Minister of Māori Affairs under section 339
c: upon the express recommendation of the Māori Land Court under section 340
2: A Māori reservation referred to in subsection (1) section 338 section 339 section 340
3: In this section, Māori freehold land General land section 4
101: Status of existing and future agreements between Crown and claimant groups
1: To avoid doubt, nothing in this Act—
a: limits or otherwise affects the validity of an agreement entered into between the Crown and a claimant group to settle an historical Treaty of Waitangi claim; or
b: fetters the ability of the Crown to enter into any agreement with a claimant group in the future to settle an historical Treaty of Waitangi claim.
2: In this section, claimant group Treaty of Waitangi
102: Relationship between local Acts and this Act
1: To avoid doubt, if a provision of a local Act is inconsistent with a provision of this Act, the provision of this Act prevails.
2: To avoid doubt, subsection (1) prevails over the provisions of any local Act that permits land reclaimed from the sea by accretion by the action of the sea to be vested in any person or body.
3: Neither subsection (1) nor section 17(4) to (9) Wellington Harbour Board and Wellington City Council Vesting and Empowering Act 1987
103: Consequential and related amendments
1: The Acts specified in Schedule 2
2: The amendment to section 24 Schedule 2
3: If, at the commencement of this section, a decision of the Minister of Conservation under section 24A section 24 Schedule 2