Common Marine and Coastal Area (CMCA) Consents

The decision in Re Edwards (No 2) (Decision) granted Customary Marine Title (CMT) and Protected Customary Rights (PCR) under the Marine and Coastal Areas (Takutai Moana) Act 2011 (Takutai Moana Act) to a number of applicants within the Common Marine and Coastal Area (CMCA) adjacent to Council’s statutory boundary.

As a territorial authority, Council’s jurisdiction under the Resource Management Act 1991 (RMA) is “territorial” (relating to the land) and does not extend into the Coastal Marine Area which forms part of the CMCA1. Bay of Plenty Regional Council has jurisdiction over the Coastal Marine Area which forms part of the CMCA. Therefore, the Council’s interest in these proceedings is not as a regulator / consent authority but rather a party which owns, operates or controls infrastructure or undertakes activities within the CMCA on behalf of its community.

Council holds resource consents from Bay of Plenty Regional Council for many structures and activities within and adjacent to those parts of the CMCA which are the subject of the CMT and PCR rights granted by the Decision (Rights Areas).