What is a Protected Customary Right?


This is basically about use and activities. These rights can be granted for customary activities like collecting hāngi stones or launching waka in the common marine and coastal area (CMCA). Holders of Protected Customary Rights (PCR) do not need resource consent to carry out customary activities, and local authorities cannot grant resource consents for other activities that would have an adverse effect on that PCR. With respect to the CMCA this is defined as a right which has been exercised since 1840, continues to be exercised in accordance with tikanga, (whether in the same way, or a way which has evolved over time), and is not extinguished as a matter of law (Section 53). Holders of protected customary rights can delegate or transfer such rights in accordance with tikanga, and derive commercial benefits from such rights, including selling gravel etc. They do not, however, have title over the land (Section 56). There is a particular status for PCR holders within the RMA framework (Section 57), including a veto power on most adverse activities (essentially save existing ones). An applicant group does not need to have an interest in land in or abutting the specified part of the CMCA in order to establish PCR, (Section 51 (3)).

Do You Like This?