December 03, 2024

Supreme Court overturns Customary Marine Title decision

Atereano Mateariki Posted On December 3, 2024

The Supreme Court has overturned a Court of Appeal decision, stating that an interpretation of the Marine and Coastal Areas Act conditions to gain Customary Marine Title was wrong.

Ruled yesterday, the decision relates to the first substantive MACA case with Te Whakatōhea, neighbouring hapū, and other third parties vying for the customary marine title.

The Court of Appeal decision made in 2023 lowered the threshold for proving “exclusive use and occupation” of marine areas without substantial interruption since 1840.

This now allows an appeal by the Attorney-General against last year’s decision and comes as the Government is pushing through legislative amendments that will overturn it.

The Marine and Coastal Area (Takutai Moana) (Customary Marine Title) Amendment Bill is currently being processed by the Justice Select Committee.

This bill seeks to change the criteria for recognizing customary marine titles (CMTs) and adjust certain aspects of the law as outlined in previous court rulings.