Surveys of Customary Marine Title areas

The Marine and Coastal Area (Takutai Moana) Act 2011 authorises the High Court to make an order recognising a protected customary right or a customary marine title.

After the Court has granted recognition, the applicant group is required to submit a draft order for approval by the Registrar of the Court. When the order is for a customary marine title, it must include a survey plan that sets out the extent of the area, to a standard of survey determined for the purpose by the Surveyor-General. This requirement is contained in section 109(4) of the Marine and Coastal Area (Takutai Moana) Act 2011. There is no requirement for a survey plan to be included in an order for a protected customary right.

The Surveyor-General has determined that the standard of survey to support an order for a customary marine title is the Rules for Cadastral Survey 2010. If in a particular case a licensed cadastral surveyor considers that compliance with the Rules, or any part of the Rules, is impractical or unreasonable, a submission may be made for the Surveyor-General or delegate to specify alternative requirements (commonly known as a ‘dispensation’).

The area should be defined as a non-primary parcel in a CSD with a survey type of “SO”, a survey purpose of “Legalisation” and a parcel intent of “Customary Marine Title”.

Surveyors are advised to consult with an advisor in the Office of the Surveyor-General before carrying out a survey of a customary marine title area, so that any unusual definition issues can be collaboratively resolved at an early stage.