December 04, 2024
Ngāi Tahu leader warns of Marine Title storm
Ngāi Tahu Rūnanga Chair Justin Tipa says the Government’s shifting of MACA customary marine title conditions is setting up a storm that will continue into the new year.
Currently, the Marine and Coastal Area (Takutai Moana) (Customary Marine Title) Amendment Bill is under review by the Justice Select Committee.
The Bill seeks to overturn a 2023 Court of Appeal decision that lowered the threshold for iwi, hapū, or whānau to prove “exclusive use and occupation” of marine areas since 1840 when applying for customary marine title.
Customary Marine Title gives iwi, hapū, or whānau rights to manage resource consents to protect a coastal area without having outright ownership.
Earlier this week, the Supreme Court overturned the decision, saying that the threshold for proving “exclusive use and occupation” was not consistent with the law’s original intent.
Tipa says the Government has not given the courts enough time to develop a way forward and has shown that if it disagrees with a law or its application, it will simply change it.
“I think this will be absolutely prevalent at Waitangi, and as the Māori calendar kicks off in the new year, I think a lot of these issues will be at the forefront of discussion for the country,” says Tipa.





