October 09, 2023
Crown’s coastal land grab treaty breach
National and Te Pati Māori’s replacement for Labour’s controversial Foreshore and Seabed Act has been found to be in breach of Treaty of Waitangi principles.
It’s recommending changes to the Marine and Coastal Area (Takutai Moana) Act 2011, including repealing the deadline to lodge claims for customary title, which has now passed.
It criticised the way the Act vests reclaimed land in the Crown, extinguishing Māori customary rights.
It says the crown should compensate affected iwi, hapū, and whānau for all reclaimed land vested in the Crown.
The statutory test for customary marine title needs to be improved, subject to the outcome of appeals following the High Court’s first major test of the legislation, covering the claims of Te Whakatōhea in the eastern Bay of Plenty.
The tribunal says claimants should also be able to transfer their applications between the High Court and the Māori Land Court.
They also need to be able to effectively protect wāhi tapū areas.