The following information relates to survey requirements for customary marine titles under the Marine and Coastal Area (Takutai Moana) Act 2011 (MACAA).
A survey plan (cadastral survey dataset) in terms of the Rules for Cadastral Survey 2010 is expected when defining the extent of a new customary marine title area.
Section 94 MACAA authorises a protected customary right or a customary marine title to be recognised by either an agreement made in accordance with that Act, or by an order of the High Court.
For a customary marine title by agreement, normally the Te Arawhiti - the Office for Māori Crown Relations on behalf of the Crown will ask the Surveyor-General to advise on the standard of survey.
For a customary marine title by an order of the High Court, after the Court has granted recognition the applicant is required to submit a draft order for approval by the Registrar of the Court. Section 109(4) MACAA requires the order to 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. In this case the applicant will need to engage a surveyor who will in turn contact the Surveyor-General. Advice on the standard of survey can be sought by submitting a “Survey_Survey Dispensation” e-request through Landonline.
The Surveyor-General has determined that the standard of survey to support an agreement or an order for a customary marine title is the Rules for Cadastral Survey 2010 (the Rules). However the Surveyor-General recognises that customary marine title surveys often involve unusual definition issues and the standard of survey for a particular customary marine title may include exceptions and variations to the Rules.
A customary marine title area is to 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”.
There is no requirement for a survey plan to be included in a court order for a protected customary right under s109(4) MACAA.