Supreme Court Ruling on Customary Marine Title: A Major Victory for Māori

The New Zealand Supreme Court has released its judgment on an appeal that made it easier for Māori to gain customary marine title under the Marine and Coastal Area (Takutai Moana) Act. The court’s decision is a significant victory for iwi, hapū, and whānau groups who are fighting for their rights to recognize customary marine titles.

The Supreme Court found that the decision taken by the Court of Appeal in October last year was “unduly narrow”. This decision had limited the recognition of customary marine titles, restricting the ability of Māori groups to claim their ancestral rights over certain areas. The Attorney-General’s appeal aimed to address this limitation and provide a clearer path for Māori groups to seek customary marine title.

The Context: A Complicated Act

The Marine and Coastal Area (Takutai Moana) Act is a complex piece of legislation that aims to balance the rights of Māori with those of other stakeholders. The act sets out the test for obtaining a customary marine title, but the Court of Appeal’s decision last year was seen as too narrow by the Supreme Court.

Under the act, common marine and coastal areas cannot be owned, and public fishing, navigation, and access rights are protected. However, iwi, hapū, and whānau groups can apply to have their customary rights recognized.

The Three-Stage Test: A Flawed Approach

The Court of Appeal’s decision established a three-stage test for obtaining a customary marine title. The Supreme Court found that this approach was “unduly narrow” and did not adequately address the reconciliatory purpose of the Marine and Coastal Area (Takutai Moana) Act.

The court identified four key issues around the interpretation of section 58, which formed the basis of its judgment. These included:

• Who “holds” the relevant area “in accordance with tikanga”
• Who has exclusively used and occupied the area “from 1840 to the present day without substantial interruption”

The court also clarified that those who “hold” customary interest over an area must have an integrated or holistic relationship with the seascape. This means that applicants must prove they have held the specified area in accordance with tikanga and used and occupied it from 1840 to the present day.

A More Inclusive Approach

The Supreme Court’s judgment provides a more inclusive approach for Māori groups seeking customary marine title. The court emphasized that interference should not prevent the granting of a CMT if the use and occupation has been exclusive, as long as it is not “substantial”.

The decision is seen as a major victory for iwi, hapū, and whānau groups who are fighting for their rights to recognize customary marine titles. The ruling also highlights the importance of recognizing Māori rights under the Marine and Coastal Area (Takutai Moana) Act.

Conclusion

The Supreme Court’s judgment on the customary marine title appeal is a significant step forward for Māori groups seeking recognition of their ancestral rights. The court’s decision provides a clearer path for applicants to seek customary marine title and recognizes the importance of tikanga in this context.

This ruling is an important victory for the preservation of Māori culture and the recognition of indigenous rights in New Zealand. As Ngā Pitopito Kōrero, a daily newsletter curated by our editors, puts it: “This judgment is a major win for Māori and acknowledges the importance of their cultural heritage.”