The New Zealand Supreme Court has delivered a judgment reshaping the legal landscape for Māori customary rights over marine and coastal areas. By unanimously upholding an appeal by the Attorney-General, the Court revised the criteria under the Marine and Coastal Area (Takutai Moana) Act 2011 (MACA), simplifying the path for Māori to assert customary rights over the foreshore and seabed.
The ruling centers on Section 58 of the MACA, which outlines the requirements for granting a customary marine title (CMT). Previously, the Court of Appeal had taken a restrictive view of these criteria. The Supreme Court, however, found this interpretation unduly narrow, thereby lowering the barriers for Māori to claim such titles. According to the Court, the legislative history and text of MACA clearly aim to reconcile various competing interests in marine and coastal regions (read the full judgment here).
The crucial change in interpretation involves the understanding of what it means for the applicant group to “hold” the area in accordance with “tikanga” or Māori customary law. The Supreme Court adopted a holistic approach, emphasizing an integrated relationship with the seascape rather than isolated activities or uses. Importantly, the Court clarified that “exclusive use and occupation” do not necessitate physical presence but rather require a strong cultural connection based on tikanga.
This judgment stems from seven appeals heard concurrently due to their overlapping issues and locales in the eastern Bay of Plenty. While this ruling primarily addresses the Attorney-General’s appeal, a second judgment focusing on the remaining claims is anticipated.
Earlier this year, the government proposed amendments to Section 58. Still, the Waitangi Tribunal’s recent inquiry determined that such changes would breach the Treaty of Waitangi, advising against proceeding with them (read more on the Waitangi Tribunal’s findings).