Māori Status in New Zealand Law · Jurisdiction Ledger · Part 39 · Current law

What does customary marine title actually give a Māori group?

The Marine and Coastal Area (Takutai Moana) Act 2011 restores statutory recognition of customary interests and creates protected customary rights and customary marine title, but those rights operate within a defined statutory framework rather than as unrestricted ownership or general governmental jurisdiction.

Takutai moana law is especially useful because Parliament expressly distinguishes sovereignty, public rights, customary interests and property-like rights.

The 2011 Act states that customary interests are restored and provides for protected customary rights and customary marine title. Customary marine title is an interest in land but is not freely alienable; it carries only the rights the Act specifies.

Those rights include RMA permission rights, conservation permission rights, protection of wāhi tapu, planning-document consequences and certain rights concerning taonga tūturu and minerals. The Act simultaneously states that it does not affect New Zealand's sovereignty under international law over the marine and coastal area.

Customary title is not equivalent to full Crown-style freehold or general sovereignty.It is a sui generis statutory interest with specified powers, protections and obligations. The statute itself keeps sovereignty, public access/navigation, customary rights and property interests in separate legal boxes.

Jurisdiction claimed overCommon marine and coastal area and recognition of customary interests.

Primary instrumentMarine and Coastal Area (Takutai Moana) Act 2011.

Māori-specific interestsProtected customary rights and customary marine title.

Legal boundaryThe title confers enumerated rights but does not amount to unrestricted alienable ownership or a general immunity from other statutory consent regimes.

This Act confirms again that “customary authority”, “property interest” and “sovereignty” are legally distinct categories and must not be collapsed.

Primary statuteMarine and Coastal Area (Takutai Moana) Act 2011, especially ss 6–8 and 51–62.

← Series index · Previous · Next →