September 13, 2024

Crown slammed for takutai moana rights hijack

Adam Gifford Posted On September 13, 2024

The Waitangi Tribunal has recommended the Government halt its proposed rewrite of the Marine and Coastal Areas (Takutai Moana) Act and engage with Māori on how resource consents will be granted if iwi and hapū hold customary marine titles.

In its Takutai Moana Act 2011 Urgent Inquiry Stage 1 Report released today, the tribunal says the Crown put politics ahead of good governance, departing from orthodox and responsible policymaking.

Advice of officials was regularly dismissed, and the process was rushed leading to important steps not being taken.

Policy development was characterised by ideology and blind adherence to pre-existing political commitments at the expense of whānau, hapū and iwi.

The crown failed to consult with Māori during the development of the proposed amendments, in breach of the principle of partnership, even while consulting with commercial fishing interests which already have statutory protection..

It also breached the principle of tino rangatiratanga by exercising kāwanatanga over Māori rights and interests in the takutai moana without providing evidence for its key justification, that the public’s rights and interests require further protection beyond what is already provided by the act.

Rushing the legislation before the Supreme Court has heard the case breaches principles of active protection and good government.

Rather than interrupt the process of awarding customary marine titles under the act, the crown should make a genuine effort to engage with Māori on the perceived issues of permissions for resource consents.