Takutai Moana process
Understand the Takutai Moana Crown engagement process
The end-to-end process provides a clear, consistent, and principled way to recognise customary interests under the Act.
The Crown engagement pathway is organised into four key steps leading to a ministerial determination:
Initial engagement:
- Applicant confirms who will represent them.
- Applicant and Crown complete a readiness assessment.
- Crown assesses whether the coastline can proceed.
Planning
- Applicants agree to an approach to overlapping interests.
- Applicants and the Crown agree on a research and evidence workplan.
- Crown finalises its own historical research plan.
Research and evidence
- Applicants gather and submit research and evidence to the Crown.
- Crown completes its historical research report.
- Crown undertakes public consultation.
Assessment and determination
- Crown drafts evidential summary based on research and evidence.
- Applicants respond to the Crown’s evidential summary.
- Applicant provides any extra evidence if needed.
- Crown reviews all evidence.
- Crown prepares the final determination report.
- Crown sends determination report to the Minister.
Following the Minister’s determination to recognise customary marine title, there may be an additional step to consider the protection of wāhi tapu. A separate process is required to give legal effect to those protection rights.
Takutai Moana: Crown Engagement process map
Coastline approach
Under the Crown engagement pathway, applications are progressed along sections of the coastline rather than individually.
This approach recognises that applications within the takutai moana are often connected and can overlap. Progressing them by coastline supports a more coordinated, efficient, and legally sound process.