Feeling Left Out at Sea? Navigating No Ownership, Customary Rights and Resource Management
'Marine and Coastal Area Act - Demystifying the Hype', New Zealand Law Society, August 2011
40 Pages Posted: 22 Aug 2011
Date Written: August 22, 2011
The principal intention of the paper is to describe and comment on the key components of the Marine Coastal Area Act 2011 ('MCAA') with regard to the commons, customary rights and decision making under the Resource Management Act 1991. During the process of the Marine and Coastal Area Bill through Parliament the author acted for Local Government New Zealand ('LGNZ'). The author advised on policy and legislative review, consultation with the Ministry of Justice and other Crown departments, and submissions to the Maori Affairs Select Committee. Our firm has also acted for local authorities in respect of a number of treaty settlements. Much of the work we have undertaken focuses on the implications of the MCAA, and other proposed settlement legislation, on issues of public interest and local government decision making. In this context the paper finishes by considering first the implications of the MCAA for other marine and coastal area users; secondly a hypothetical case study in which customary rights are implemented; and thirdly the potential influence the MCAA will have on local government decision-making and public participation under future settlement legislation.
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