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Feeling left out at sea? Navigating no ownership, customary rights and resource management

Robert Makgill (UGent)
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Abstract
This chapter was prepared for the New Zealand Law Society for the purpose of a Continuing Legal Education course on the Marine Coastal Area Act 2011 (“MCAA”). The principal intention of the paper is to describe and comment on the key components of the 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. 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. He has also acted for local authorities in respect of a number of treaty settlements. Much of the work we has 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.
Keywords
Common Property, Resource Management Act 1991, and Customary Rights, Marine Coastal Area Act 2011

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Citation

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MLA
Makgill, Robert. “Feeling Left Out at Sea? Navigating No Ownership, Customary Rights and Resource Management.” Marine and Coastal Area Act : Demystifying the Hype. Ed. Philippa Blair. Wellington, New Zealand: Continuing Legal Education: New Zealand Law Society, 2011. 27–64. Print.
APA
Makgill, R. (2011). Feeling left out at sea? Navigating no ownership, customary rights and resource management. In P. Blair (Ed.), Marine and Coastal Area act : demystifying the hype (pp. 27–64). Wellington, New Zealand: Continuing Legal Education: New Zealand Law Society.
Chicago author-date
Makgill, Robert. 2011. “Feeling Left Out at Sea? Navigating No Ownership, Customary Rights and Resource Management.” In Marine and Coastal Area Act : Demystifying the Hype, ed. Philippa Blair, 27–64. Wellington, New Zealand: Continuing Legal Education: New Zealand Law Society.
Chicago author-date (all authors)
Makgill, Robert. 2011. “Feeling Left Out at Sea? Navigating No Ownership, Customary Rights and Resource Management.” In Marine and Coastal Area Act : Demystifying the Hype, ed. Philippa Blair, 27–64. Wellington, New Zealand: Continuing Legal Education: New Zealand Law Society.
Vancouver
1.
Makgill R. Feeling left out at sea? Navigating no ownership, customary rights and resource management. In: Blair P, editor. Marine and Coastal Area act : demystifying the hype. Wellington, New Zealand: Continuing Legal Education: New Zealand Law Society; 2011. p. 27–64.
IEEE
[1]
R. Makgill, “Feeling left out at sea? Navigating no ownership, customary rights and resource management,” in Marine and Coastal Area act : demystifying the hype, P. Blair, Ed. Wellington, New Zealand: Continuing Legal Education: New Zealand Law Society, 2011, pp. 27–64.
@incollection{5712108,
  abstract     = {This chapter was prepared for the New Zealand Law Society for the purpose of a Continuing Legal Education course on the Marine Coastal Area Act 2011 (“MCAA”). The principal intention of the paper is to describe and comment on the key components of the 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. 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. He has also acted for local authorities in respect of a number of treaty settlements. Much of the work we has 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.},
  author       = {Makgill, Robert},
  booktitle    = {Marine and Coastal Area act : demystifying the hype},
  editor       = {Blair, Philippa},
  keywords     = {Common Property,Resource Management Act 1991,and Customary Rights,Marine Coastal Area Act 2011},
  language     = {eng},
  pages        = {27--64},
  publisher    = {Continuing Legal Education: New Zealand Law Society},
  title        = {Feeling left out at sea? Navigating no ownership, customary rights and resource management},
  url          = {http://www.robertmakgill.com/publications/},
  year         = {2011},
}