What are customary interests?
The Marine and Coastal Area (Takutai Moana) Act 2011 (the Act) provides for the recognition of customary interests in various ways, including through the recognition of:
- customary marine title
- protected customary rights
- wāhi tapu and wāhi tapu areas in customary marine title areas.
How maps are used
Maps are used by:
- iwi, hapu or whānau groups applying for recognition of the customary interests
- decision makers (either the Minister or the High Court) to consider the applications and record their decisions.
The guidance can be used to support either of the pathways available:
- direct engagement with the Crown
- High Court hearing.
It is intended to enable the production of clear maps with sufficient information to enable applicants, their agents, and decision-makers to reliably identify the extent of each application area under consideration.
To provide flexibility and avoid unnecessary work at the early stages, the guidance provides for 2 stages of boundary depiction accuracy:
- an initial application map to indicate the application areas during the pre-determination processes
- a refined map with more detail and accuracy for later stages of the process.
In some cases, a survey plan, based on a refined map, is needed to support a final agreement or recognition order. The Surveyor-General will publish separate cadastral survey guidelines for the preparation of such survey plans under the Cadastral Survey Rules 2021.
The aim of this guidance is to ensure areas describing the extents of customary interests are clearly identified in graphic form.
This guidance has been published to meet a pressing need. However, it needs to be tested in practice and feedback is welcomed. It is therefore important to always refer to this website for the most up-to-date version.