**Supreme Court Ruling Paves Way for Māori Customary Marine Title Recognition**

The Supreme Court of New Zealand has delivered its judgment on an appeal that aimed to make 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 win for iwi, hapū, and whānau groups seeking recognition of their customary rights over coastal areas.

**Background**

The case revolves around section 58 of the act, which sets out the test to obtain a customary marine title (CMT). In its ruling, the Supreme Court identified four key issues around the interpretation of this section. Among these were questions about who “holds” the relevant area in accordance with tikanga (Māori tradition and custom), who has exclusively used and occupied the area from 1840 to the present day without substantial interruption, and what constitutes an “integrated or holistic relationship with the seascape.”

**Court’s Ruling**

The Supreme Court stated that the major decision by the Court of Appeal last October was “unduly narrow” and that the court would hear the Attorney-General’s appeal so that it could “state the appropriate section 58 test afresh reflecting the text, purpose, and legislative history of MACA.” This means that the court will revisit the interpretation of section 58 to ensure it accurately reflects the original intent of Parliament.

**Key Findings**

The Supreme Court identified the following key issues:

* Who “holds” the relevant area in accordance with tikanga? The court stated that those who “hold” customary interest over an area must have an “integrated or holistic relationship with the seascape.”
* Who has exclusively used and occupied the area from 1840 to the present day without substantial interruption?
* What constitutes an “integrated or holistic relationship with the seascape”?

The court clarified that applicants must first prove they hold the specified area in accordance with tikanga and that they have used and occupied the claimed area from 1840 to the present day. If these two hurdles are cleared, the burden shifts to those contradicting the claim to prove that the use and occupation has not been exclusive or has been substantially interrupted.

**Conclusion**

The Supreme Court’s decision is a significant victory for Māori groups seeking recognition of their customary rights over coastal areas. The court’s ruling ensures that the interpretation of section 58 accurately reflects the original intent of Parliament, providing clarity and certainty for iwi, hapū, and whānau groups navigating the complexities of the Marine and Coastal Area (Takutai Moana) Act.