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December 04, 2024
Iwi CEO criticizes Marine Title law changes
Atereano Mateariki
Posted On December 4, 2024
Download AudioThe Chief Executive of Ngāi Tahu Iwi Trust is concerned about a recent Supreme Court MACA ruling and the government’s tightening of customary marine title legal thresholds show a total disregard for the rule of law and the justice system.
On Monday, the Supreme Court overturned a 2023 Court of Appeal decision, ruling that it had set the wrong threshold for proving “exclusive use and occupation” of marine areas since 1840.
This decision paves the way for an Attorney-General appeal, just as the government pushes legislative changes to reverse the ruling.
Justin Tipa says this decision sets a precedent that makes it nearly impossible for iwi and hapū to prove that Māori exercised exclusive use and occupation without substantial interruption since 1840.
He says the government is meddling with the justice system, which he believes should remain separate from Parliament.
“The lines are being blurred, and the crown is not allowing the judicial process to play out. And the whole point is the government should have trust and confidence in our democratic structures that’s underpinned by the separation of powers. There’s absolutely no need for the government to jump the gun and hastily draft ill-considered legislation,” says Tipa.
The Marine and Coastal Area (Takutai Moana) (Customary Marine Title) Amendment Bill is currently under review by the Justice Select Committee.
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