The claims are being made under the Marine and Coastal Area Act, which was passed by the National government in 2011 after it repealed crown ownership of the foreshore and seabed. In addition to the 15 iwi/hapu seeking title, several “Interested Parties” that were not part of the original application have sought leave from the Court to make claims, presumably encouraged by recent court decisions that have been favourable to Māori applicants.
The granting of Customary Title is significant in that it gives the title holder rights akin to ownership but without the right to sell the title.
The Whangarei Harbour hearing follows rulings for other marine and coastal areas in the High Court and the Appeal Court.
A landmark decision released by the Court of Appeal in October last year significantly lowered the threshold required for an iwi or hapu to obtain Customary Title. That ruling is now the leading case on the interpretation of the Act.
The Appeal Court's interpretation is at odds with statements made by National in 2011. At the time, Minister Chris Finlayson assured the public no more than 10 per cent of the coast would end up controlled by Māori. The Court of Appeal decision clearly shows that this is not the case. It is highly likely that if the law is not corrected, virtually all the foreshore and seabed out 12 nautical miles will be controlled by Māori.
The coalition agreement between National and NZ First specifically addresses this matter. It states:
“The Coalition Government will reverse measures taken in recent years which have eroded the principle of equal citizenship, specifically we will… Amend section 58 of the Marine and Coastal Area Act to make clear Parliament’s original intent, in light of the judgment of the Court of Appeal in Whakatohea Kotahitanga Waka (Edwards) & Ors v Te Kahui and Whakatohea Maori Trust Board & Ors [2023] NZCA 504.”
The coalition government needs to make good on its promise, as a matter of urgency.
More information
Coalition Agreement between National and NZ First
